‘ The conflict today is the result of yesterday ‘, says Coordinator of the Cimi in MS
‘ The conflict today is the result of yesterday ‘, says Coordinator of the Cimi in MS
Flávio Vicente Machado explains how the process of demarcation of indigenous lands
CHRISTINA MANN 6/9/2013
Photo: Ryan Rezende/State post
Flávio Vicente Machado missionary Indigenous Council is Misisonário (Cimi) and member of the coordinates
Five years ago working as a counselor of the indigenous missionary Council (Cimi) in Campo Grande, the philosopher and Flávio missionary Vicente Machado follows the primer, which is at the service of the life of indigenous peoples. “We support the alliances of these people with each other and with the popular sectors to build a world for all, democratic, multicultural and egalitarian in harmony with nature”. In these days of conflicts between landowners and indigenous power formed in Mato Grosso do Sul, it does a historical than radiography involves the right on the land.
Flávio V. Machado It is important to note that the process of demarcation of indigenous lands is one of the most complete and recognized in the world, that’s because part of the principle and need to prove the original right that these communities have on their traditional territories. And this requires multidisciplinary and comprehensive studies. The right to land of the indigenous peoples is expressed in the Federal Constitution, which establishes the duty of the Union in demarcá them and enforce their property. Therefore, the Constitution lays down that this assignment is of the Executive power. To fulfill it the Government has defined that the executing agency of this action is the Funai. There is, to regulate the procedure demarcatório of indigenous land, a standard in expressed through Presidential Decree 1775/96. In this Decree are set the criteria, the skills, the time limits. In addition to the participation of public entities – whether federal or State authorities-is guaranteed the right to an adversarial process, so that those affected by the demarcations may manifest itself and questioning the studies. Funai, which must demarcate the lands, is submitted to the Ministry of Justice, which participates in the demarcation after the studies. The Minister of Justice has the responsibility to assess these studies, which may declare whether or not the land as indigenous occupation. Only after that the President of the Republic will manifest itself, until the ownership of the land.
“The process of demarcation of indigenous lands is one of the most complete and recognized in the world”
In Mato Grosso do Sul there are how many processes in progress and how many have already been addressed? There are today in Mato Grosso do Sul at least 40 administrative processes of demarcation of indigenous lands in progress, some with almost 20 years of lives.The same process can encompass more than one indigenous land. The lands already identified and the still to be identified should add at least 90 areas throughout the State – it is difficult to specify a time that there are areas in the study. In this context, there are about 80 lawsuits trying to stop all these administrative procedures of demarcation. Already the lands with the administrative demarcation process conclusion and whose land is in the possession of effective indigenous community, not enough to 12:0 pm across the State. With this, you can get a sense of the historical debt that the demarcatórios processes seek repair.
What is the average time a process like that? Why are so time consuming? The demarcatório procedure of an indigenous land has its time (period) set by Decree 1775/96. However, it is not respected by Funai, by the Ministry of Justice and by the Presidency of the Republic. In accordance with the time limits set out by Decree, a demarcation should last a maximum of one year and a half. However, in practice, the procedures are usually for a decade. In addition to the delay of the Executive power there is also the times imposed by lawsuits. However, in Mato Grosso do Sul for at least ten administrative demarcation processes that could move forward, because no longer have legal impediments.
“There are today in Mato Grosso do Sul at least 40 administrative processes of demarcation of indigenous lands in progress, some with almost 20 years of lives”
Why the Terena claim this area of Buriti Farm and Taunay district? Both cases reflect a latent situation because the indigenous communities in the State of Mato Grosso do Sul. Is the result of the confinement of indigenous populations in small reserves created by the Indian protection service (SPI) and whose main objective was to integrate the indigenous national society. For both, there was intense and often violent process of territorial dispossession and their lands were being delivered to the colonists newcomers or survivors of the war of Paraguay-what is already violated indigenous territorial rights at the time, as guaranteed in the constitutions of 1934, 1937 and 1946. These two regions focus on lands that have been identified and declared by the Brazilian Government as the traditional occupation of the Terena people. And there is a vast and convincing documentation that proves this traditional. The conflict today is the result of rape.
How many ethnicities and how many Indians live here in MS? IBGE data show that are increasing without apparently the quality of life improves. There are nine ethnic groups: Guarani Kaiowá, Terena, Kadiweu, Kinikinau, Ofaié, Atikum, Kamba and Guató. In Mato Grosso do Sul, the quality of life of much of the indigenous population is affected mainly by the lack of land, so that they can restore their own modes of life. The indicators used by the IBGE does not fall within the interculturality of each people and are based on generalizantes standards. In addition, the current public policies are not autonomous process results of each people and Yes charges surrounding Governments and society.
“The Constitution also establishes that indigenous peoples have the right to difference, that is, their cultures, usages, customs, traditions, language and the ways to deal with the land. The ways of relating to the Earth are also specific to each people, where some have features related to agriculture, others for collecting, fishing and hunting “
These geofences and occupied by the Indians become what? Are only inhabited or planting crops and preservation of lineage and culture of the people in question? The Federal Constitution provides that the ownership of indigenous lands is the Union. To people it is your exclusive enjoyment and the Union a duty to ensure, protect and enforce this law, with a view to the future of these people. The land cannot be sold, leased, transferred because they are. Their forms of use are at the discretion of each people and to relate and deal with the Earth. The Constitution also establishes that indigenous peoples have the right to difference, that is, their cultures, usages, customs, traditions, language and the ways to deal with the land. The ways of relating to the Earth are also specific to each nation: some have features related to agriculture, others for collecting, fishing and hunting. In the case of Terena they are skilled farmers; the Guarani Kaiowá and expert gatherers, although almost no longer be native forest for this activity.
As you believe that should be the compensation to the owners of the land? The Federal Constitution is clear when determines that all titles which focus on indigenous lands are null and void, and to indemnify the improvements Union characterized as being in good faith. In our understanding, so the Government should be subject to exceptions where the States or the Union granted land titles. In these cases it is up to them (or States) solve the problems that may be caused by compensation or even acquisition of other lands (including claimed) for these bondholders. In this sense it is the opinion of the Attorney General of the Union, also by positive understanding of MPF, and yet, there is already a fund created in the State to both deposit and receive Union resources for indemnification of land demarcation object. Understand that lack operationalize and adjust in a transparent way the Fund, consistent with the administrative demarcation process, define steps and procedures, so as not to incur to pay for land griladas. And it is quite possible, once the MPF identified that 49% of the municipalities of Mato Grosso do Sul have uneven land or ghost. And yet, it is important to remember that there is a plentiful historical documentation sufficiently able to prove the invalidity of securities, whether they are object of demarcation of indigenous lands. The title alone, in a historic, repair is illegal. It is a fallacy to say that in Mato Grosso do Sul there is griladas lands.
What is the Cimi and how it operates? How many years is in the State? The indigenous missionary Council (Cimi) is the body linked to the National Conference of Bishops of Brazil (CNBB). It was founded in 1972 in the city of Cuiabá, has 11 regional Brazil and a National Secretariat in Brasilia. Articulates about 300 missionaries in 110 teams operating along the 180 indigenous peoples in Brazil. In Mato Grosso do Sul was founded by Antonio Brand (in memory) in 1979, in the Diocese of Dourados.