Brazil's sorrow

A GOVERNMENT decree which had put theindigenous lands of Brazil up for grabs,is being contested for demarcating 70indigenous areas and reserves. Till thisdate, more than 1, 100 actions have beenregistered with the National IndigenousFoundation (Funai) in this regard. Thisis seen as a direct reflection of the decreesigned by the President FernandoHenrique Cardoso on January 8, 1996.

Brazilian indigenous movements,progressive NGOS and church organisations have claimed that the decree isan open invitation to land owners, miners and wood dealers to contest thedemarcation of indigenous reserves.According to the Sao Paulo-based NGOSocial - Environmental Institute (Isa),each contestatory action presented aconsistent anthropological report tosupport the legal effort.

From April 10, Funai has 60 daysand the Brazilian ministry of justice has30 days to appreciate the contestatoryactions. Isa affirms that the final decision will be based upon political criteria.

Since the time of its signing, thedecree has faced radical opposition byprogressive grassroots movements inthe country. The Indigenous MissionaryCouncil (Cimi), an organ of theBrazilian Catholic Church and the mostimportant organisation defending theindigenous peoples of the land, says thati:the decree "impedes the growing ofIndigenous territories which already areinsufficient for the physical and culturalsurvival of the indigenous peoples",and cites the abject condition ofthe Guarani-Kaiowa people inhabitingthe northeastern state of Mato Grossodo Sul.

"Confined to extremely small reserves, 211 young Indians have committedsuicide in the last decade due to theabsolute lack of surviving with dignity,"said Cimi officials. Such fate, under thedecree's conditions, have also befallenthe inhabitants of the Guarani-Kaiowalands, say reports.

Most surprising, however, was theposition of the Brazilian Institute ofEnvironment and Natural RenewableResources (lbama), the country's mostimportant environmental protectionagency which contested 19 indigenouslands, including the Raposa Serra do Solreserve in Rondonia state.

Coincidentally, this reserve has been invaded over the years by land ownersand miners on account of its hugepreserve of plywood trees and therich sub-oil which hides a varying rangeof precious minerals. The Rondoniagovernment contested even thoseindigenous reserves which wereoriginally demarcated and regularisedby the state itself.

Several private companies havealso entered Funai armed with administrative powers based on the decree.For example, a wood dealer groupSattin, which exports timber woods toEurope, the us and Japan, has beendemanding the lands belonging to theGuarani-Kaiowas.

These groups enjoy the support ofthe Agricultural Federation, a big landowners' organisation. In southernParaha state, Kaigang lands were invaded by people from urban centres, whonow demand the land on the decree'sstrength. Isa points out that the trendhas become so alarming, that inAmazonia state, even Cocamas contestthe land of their neighbours - Ticunas.

The internationally renowned 85-year old indigenous specialist OrlandoVilals Boas said, "President FernadoHenrique Cardoso accepted the pressure exerted by powerful wood dealergroups to sign the decree." In fact, onJanuary 29, the Folha de Sao Paulo dailyrevealed that the ministry of justice hadsent a letter to governers; of states whichhave indigenous reserves, guiding themto contest the demarcation.

"With the possible re-examinationof the demarcated lands and the officialletter of the ministry of justice informing state governments about whichindigenous lands should be contested,conflicts which had already been solvedwill be again brought to light. The contestatory will also make possible thatdemands previously non-existent, cannow be freely raised by everyone,"said anthropologist Joao Pacheco deOliveria, president, BrazilianAssociation of Anthropology.

Even before Funai decideswhich contestatory actions are correct, one can easily foresee that theseactions imply an incredible potential reduction of indigenous lands.During the last 25 years, Funai has been lacking in enough infrastructure to protect the nation's indigenous lands and the peoples. With notrained lawyers and officials, theorganisation may succumb to thedecree, it is feared.

Funai today faces budgetary constraints and a political draining. In 1995,the Foundation changed its presidentthrice, with none of them having implemented a serious working policy.Ironically, the Brazilian Constitution,passed in 1988, is considered the mostadvanced in the world regarding protection to minorities, civil rights and theenvironment.

Pacheco de Oliveria also saysthat the decree can be applied incontradiction to one of the most important global legal rules because itadmits retroactivity. He estimates that47 per cent of Brazil's indigenouslands, which correspond to 153 areasand 39 million ha, can be contestedretroactively.

According to the Cimi officials, only2 10 indigenous areas are protected fromthe decree. Strong international opposition to the decree forced the Braziliangovernment to reverse its strategy. Tothis effect, the minister of justice,Nelson Jobim, visited Europe in lateMarch, to discuses the decree with progressive NGOS who are fiercely defendingBrazil's indigenous lands.

Meanwhile, the European Parliament, pressurised by the socialists andthe greens, expressed deep concernsover the decree. In Germany, the GreenParty asked the government to reduceits financial aid to Brazil for the demarcation of indigenous lands. DanielloMitterran 'd, president, France LibertiesFoundation, also called for a "vigilantattention" to impede the draconiandecree.