“Lack of political will to solve the indigenous question in Mato Grosso Sul”
“Lack of political will to solve the indigenous question in Mato Grosso Sul”
MPF permanent default in the federal Government sees as a cause for seriousness of land conflict in
The Federal Public Ministry (MPF) ruled on Tuesday morning (04) on the tension between Indians and farmers in Mato Grosso do Sul. The institution, constitutionally responsible for defending the interests of the indigenous communities, issued in note that considers the demarcation of land a political problem.
To the State Prosecutor Emerson Kalif Siqueira, “lack the political will to solve the indigenous question”. According to him, there are many alternatives to minimize the effects of the land conflict in the State, including compensation for erroneous land titling, but failure by the Union to face the theme has only aggravated the tension in the field.
The note highlights the unpreparedness of the police in addressing land conflicts, the lethal weapons cartridges of private security forces gathered at the site of the conflict, and presents the measures that could be adopted by the Union to resolve land conflicts in Mato Grosso do Sul.
Check out the full MPF/MS Note:
The Federal Public Ministry (MPF) in Mato Grosso do Sul publicly clarify the indigenous question in the State and highlight the will to pacify the land conflicts in order to prevent new violence bring more uncertainty to the indigenous communities and the whole of society South-mato-grossense.
Lack of political will
Land conflicts in Mato Grosso do Sul are historical and are the result of a series of actions and omissions of the Brazilian State. To understand the field voltage, before examining the history of occupation of the State, which resulted in claims of indigenous communities from their traditional territories and Government securities to individuals.
With the end of the war of Paraguay (late 19th century), there was the annexation of areas not part of the Brazilian territory. To ensure the sovereignty of the country in the region, the Union encouraged the coming of settlers to the then state of Mato Grosso, spreading the wealth of the soil and the certainty of a piece of land to settlers.
These lands, occupied by indigenous communities, were kept mostly by the State of Mato Grosso and, in some cases, by private individuals, usually so onerous, and the Indians who lived in these areas were confined to Indian reservations, created in the 20th century, without respecting the ethnic and group differences.
The reservations are, currently, the only area of land that the Indians have to live, grow, preserving resources guaranteeing their well-being and their physical and cultural reproduction.
If, on the other hand, the Indians fight for recognition and return to traditional territory that were expelled, on the other, land owners who have bona fide titles, awarded by the Brazilian State, do not want to lose the value of the “bare land” by having their areas identified as traditional.
Given this context, the Federal Prosecutor forwarded, in 2010, the heritage the clerk Craft Union in Mato Grosso do Sul recognizing administrative and judicial difficulties for the completion of the demarcation of indigenous lands.
For the MPF, the solution to the conflict would be the compensation for the damage caused to farmers by the erroneous titration indigenous lands. “As much as the suggestion might benefit the rural producers, aims to make faster the demarcations of Indian lands in Mato Grosso do Sul, allowing the return of the Indians to their traditional lands and, as a result, the maintenance of their culture, habits, customs and traditions”, emphasizes the document, at the same time that differentiates the restorative measure pointed to is not a violation of paragraph 6Article 231, but the effective application of paragraph 6, article 37, both of the Federal Constitution, by the practice of tort (civil) by agents of the State.
However, so far, the Union has not delivered an opinion on the proposal and insists disqualify demarcatórios studies, increasing insecurity in the field.
To the State Prosecutor Emerson Kalif Siqueira, “lack the political will to solve the indigenous question in the State. There are many proposals to minimize the land tension, but the attitude of the Union-only get one side of the conflict and ignore the fact that much of the situation stems mainly from erroneous titration, in charge of public administration as a whole-has aggravated the situation only, going so far as to court battles persist for years and violence become frequent in the State “.
Some legal disputes between indigenous peoples and landowners have already come to 30 years, with no solution in sight.
The indigenous issue is not case of police
In addition to the omission of the State, the indigenous issue tract by the judiciary also demonstrates unpreparedness in the conduct of the conflict.
“This is not the question as Indian police. If you need hours or days of conversation and negotiation, which explain, focus, talk, negotiate. What can not is to let the reluctance of the police-who has no experience in rural conflicts – turn traditional populations in the target of violence, “says the Attorney.
In the case of Buriti Farm, it should be noted that the police action for reintegration of the farm was held hours after the conciliation hearing in Federal Court, on May 30. In the minutes of the meeting, the judge made clear the responsibility of the police in the conduct of the operation. “It is up to the police authority to take the precautions necessary to protect themselves as far as possible, and always preserving the physical and psychological integrity of all parties”.
In reverse, judicial decisions that determined in other units of the Federation the expolsion of non-Indians from tribal lands have the elongated compliance in time, there are situations in which the delay over years.
However, there was no advance notice of assistance to Indians, “could provide a better conduct of negotiations, taking into account the recommendation made by the judge to preserve the integrity of those involved. It is not intended, nor if it’s possible to ignore the court order-one of the pillars of the democratic State of law is exactly the compliance determinations issued by the Judiciary-but we must rethink their execution, in order to preserve basic principles of the Federal Constitution, in particular the dignity of the human person, “says Emerson Kalif.
Excess in police activity
With regard to repossession of Buriti Farm, the Federal Public Ministry, with the preparatory proceedings, has adopted all the measures to ascertain the death of terena Indian Prince Gabriel and possible excess in police activity.
Last Saturday (01) was held, also at the request of the MPF, new analysis of the body of Dennis to identify the causes of the death. Medical examiners – a federal criminal and other expert sent by the Secretariat of Human Rights of the Presidency of the Republic-did the necropsy report, when released, will be published in due course.
In the operation, led by the Federal Police, indigenous 18 were arrested-3 adolescents, women, elderly and 3 1 11 men – by resistance to complying with a court order. The Indians were heard, took body of crime and, in the early hours of Friday (31/05), were released.
Regarding the use of lethal weapons, the MPF received capsules of bullets. Rounds of ammunition “. 40”, “.” and “auto 9 mm 45” were found by the Indians shortly after the reintegration of Buriti Farm operation.
The material was delivered to the Federal Public Ministry (MPF) for analysis. The ammunition is of weapons of restricted use of police and demonstrates that the action taken was lethal weaponry, contrary to what was reported by the State Government.
Dozens of Indians are injured – most by rubber bullets-and must pass exams of corpus delicti. In the coming days, the MPF should gather evidence of Indians and witnesses of the occupation to support criminal investigations.
In addition to the criminal aspect, the preparatory procedure also aims to be rethought and regulated the form of compliance with orders of repossession with the use of the police force, including the establishment of mandatory employment background stages, all duly registered, as well as the existence of a specific unit within the Federal Police to such situations.
Buriti Indigenous Land
The indigenous land Buriti is located between the municipalities of Sidrolândia and Dois Irmãos do Buriti, in Mato Grosso do Sul. The area claimed by the terena has passed by anthropological studies, and the identification of the area report was approved in 2001 by the Presidency of Funai. The Ministry of Justice said in 2010 the Buriti indigenous land as permanent possession of the Indians.
According to data of the National Health Foundation (Funasa), the nine Indians 4500 villages Buriti it live in today’s two thousand hectares. The area recognized by Justice corresponds to 17,200 hectares, considered by anthropological and historical judicial expertise-traditional occupation as archaeological.