Acampamento Terra Livre 2016  Foto Christian Braga

Acampamento Terra Livre 2016  Foto: Christian Braga/Jornalistas livres.


Public letter to the interim Government of Michel Temer: don’t take any step backwards in our rights
20 may 2016 apib25anosdoartigo231 






APIB under all articulation of indigenous peoples in Brazil (APIB), national indigenous movement instance, which brings together indigenous organizations of the different regions of the country, by resolution of its XIII Acampamento Terra Livre national indigenous Mobilization, carried out in the last sentence of 10 to 13 may 2016, which brought together some 1000 leaders of indigenous peoples from all over the country , comes from public express its vehement condemnation against all attacks, threats and taken kickbacks, advertised or listed after the interim President Michel Temer, through his Government team. Our people and communities are apprehensive and on alert, so we require this clarification and our claims about the facts stated the following:


We demand an explanation as to the real reasons that led the new Minister of Justice and citizenship to delete their governmental structure the National Indian Foundation (FUNAI), as a provisional measure N° 726, 12 may 2016, which provides for the Organization of the Presidency of the Republic and the ministries. We emphasize the importance of the indigenous body, which has as one of the main responsibilities to coordinate the process of formulation and implementation of indigenous policy of the Brazilian State, instituting effective mechanisms of social control and participatory management, in addition to responding by land property regularization the demarcation and protection of indigenous lands and territories.


Likewise, we demand clarification as to the exclusion of the National Indigenous Policy Council (CNPI) from the current structure of the Ministry of Justice and citizenship. The organ is a joint collegiate among indigenous and Government agencies, is responsible for the formulation, monitoring and implementation of public policies directed to indigenous peoples, recently created through the Decree N°. 8,593, of 17 December 2015.


We reject this interim Government determination to regress or suppress rights conquered, affecting many areas of our lives: in health and education, food and housing, among others. We reject, for example, the repeal of the Ordinance to guarantee funding for more than 11 1000 housing units of the National Rural Housing Program PNHR, National program my house my life, in which indigenous communities are directly impacted. Many of them even had already hired the works with Caixa Economica Federal and with the repeal of the Ordinance these constructs were compromised.


The Government promoted Rousseff in recent months a series of measures that guarantee the right to indigenous territories, such as the publication of the Detailed Reports for the identification and delimitation of 12 indigenous lands, the publication of Ordinances of 14 indigenous lands Declaratory and the signing of decrees for approval of eight indigenous lands. The APIB understands that the Government Dilma fulfilled, even timidly, only the constitutional mandate to demarcate indigenous lands, administrative act of formal recognition in law. No Government creates indigenous land, recognizes only. Therefore, indigenous peoples would never admit that the current interim Government to revoke these measures. Otherwise, you commit Act unconstitutional, since the Federal Constitution of 1988 took indigenous rights at the level of fundamental rights therefore immutable clauses, which require constitutional shield. Review or regress right sourced is and will be always act unconstitutional.
We reaffirm that the Earth for us means Life. And as I recognize the Supreme Court, the land issue represents the fundamental aspect of constitutional prerogatives and rights we operated and that without access to it, we’re exposed serious risk of cultural disintegration, the loss of our ethnic identity, the dissolution of our historical links, social and anthropological and erosion of our own perception and consciousness as a people. (See Supreme Court. 1st Class. Extraordinary appeal No. 183,188/Ms. Rapporteur: Minister Celso de Mello. DJ 14.02.1997).
So, our people and organizations won’t admit that our rights are trampled or reviewed as claim to key members of its allied base in Congress the ruralist countertop, which, driven by visions and markedly racist attitudes, discriminatory, and prejudicial and especially for his willingness to break in and explore our territories, are determined to approve the PEC 215/00 and legalize the thesis of the timeframe , to the detriment of the right of our peoples to their land, condemning them to the aggravation of conflicts, persecution, attempted decimation, anyway, etnocidas practices. That was prompted, in the last 16 of this day, the UN Special Rapporteur for indigenous peoples, Victoria Tauli Corpuz, in his speech during the 15th session of the UN Permanent Forum on indigenous issues (UNPFII).
Against decisions taken or announced for this interim Government, the APIB reminds us that there is still a very large liabilities, with processes terminated, to be demarcated, but sleeping in the drawers of the Executive since the Constitution, which defined the term of 5 years to this Act, until 1993. That way Government‘s responsibility to give sequence to the regularization of indigenous lands.
The interim Government of Michel Temer, can’t forget that there is still an ethical and historical debt that the State needs to pay off with the indigenous peoples, which are having their livelihoods threatened and denied their rights in the name order and progress.
As a result of all this is that we reject any attempts to reverse our achievements, and we demand total respect for our fundamental rights guaranteed by the Federal Constitution and recognized by international treaties signed by Brazil. We reiterate the determination of our peoples and indigenous organizations from ever giving up the defense of their constitutionally guaranteed rights, not admitting setbacks of any kind.
Brasília-DF, 19 may 2016.

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