***********************************************

WORLDWIDE FOREST/BIODIVERSITY CAMPAIGN NEWS

Brazil Weakens Protection of Indian Lands

***********************************************

Forest Networking a Project of Ecological Enterprises

January 10, 1996

 

OVERVIEW & SOURCE

Following are three postings in econet's rainfor.general

conference which draw attention to Brazilian government plans to

reconsider demarcation of indigenous lands.  In a "setback for

Brazil's native Indians, the government ruled Tuesday that non-

Indians can lay claim to land slated to become reservations".  The

amending of decree 22/91 and backpedaling on pledges to demarcate

indigenous lands in Brazil had been expected for some time,

despite a sustained campaign by local Brazilian groups and

international activists.   All three items are exactly as were

posted on bulletin board, the first two posted by the

International Rivers Network, and the second by CIMI, a Brazilian

Church affiliated group.  See the "Gaia Forest Archives" (http

below) for earlier postings and WWW action alerts on this and

other issues--including a link to Rainforest Action Network's

WWW action alert which sends free personalized protest faxes on

this issue through the internet to the Brazilian embassy in the

United States, when accessed from Netscape or another web browser. 

<  http://gaia1.ies.wisc.edu/research/pngfores  >

gb

 

*******************************

RELAYED TEXT STARTS HERE:

 

/** rainfor.genera: 137.0 **/

** Topic: Brazil Weakens Protection of Indian lands **

** Written  4:26 PM  Jan  8, 1996 by glenirn in cdp:rainfor.genera

**

From: Glen Switkes <glenirn@igc.apc.org>

Subject: Brazil Weakens Protection of Indian lands

 

!!!URGENT ALERT!!!

 

BRAZILIAN PRESIDENT WEAKENS PROTECTION

OF INDIAN LANDS

 

***********************************

Brazil's President Fernando Henrique Cardoso today announced

changes in the decree 22/91 regarding demarcation and protection

of Indian lands in Brazil.  Indigenous peoples organizations

and human rights groups fear that the president's decision

will make it more difficult to create indigenous reserves,

and will conflicts involving Indian territories.

 

The president's decision will make it easier for economic

interests to bring cases challenging demarcation of Indian lands.

While the president also announced the legalization of 17 areas,

only those areas which have received final registration

are exempt from challenges.  These include some 247 of

the total of 554 Indian areas identified in the country.

***********

 

ITEM #2:

/** rainfor.genera: 140.0 **/

** Topic: WEAKEN PROTECTION INDIAN LANDS BRAZIL **

** Written  1:09 PM  Jan 10, 1996 by glenirn in cdp:rainfor.genera

**

From: Glen Switkes <glenirn@igc.apc.org>

Subject: WEAKEN PROTECTION INDIAN LANDS BRAZIL

 

DS-01-09-96 2245

 

a0773 brazil-indians

AM-Brazil-Indians,0371

Brazil to Review Concession of Indian Lands

By ANY CABRERA

Associated Press Writer

  

BRASILIA, Brazil (AP) _ In a decision activists called a major

setback for Brazil's native Indians, the government ruled Tuesday

that non-Indians can lay claim to land slated to become

reservations.

  

President Fernando Henrique Cardoso revoked a 1991 decree that

had given broad powers to the government's Indian Affairs Bureau,

known as FUNAI. Under that decree, non-Indians were not allowed to

appeal the bureau's decisions to award land to tribes.

  

The Justice Ministry said that FUNAI had set aside land for

reservations based on erroneous calculations of the Indian

population and without respect for landowners.

  

The president's decision won't affect the some 200 reservations

established since 1991, including a 37,000-square-mile area in the

northern Amazon for the Yanomami tribe.

  

But 307 reservations will be subject to review.

  

Those reservations had been demarcated by FUNAI and were awaiting

congressional approval. Now, non-Indians who also claim the land

have 90 days to appeal the demarcation to Congress, presidential

spokesman Sergio Amaral said.

 

Brazil's constitution says the government must grant Indians land

for their survival. But the Indians do not own the land and

therefore cannot rent or sell it.

  

To soften the blow, the government ratified 16 new reservations

covering a total of 14,522 square miles.

  

Still, Indian rights activists said the government had betrayed

the tribes it pledged to defend.

   

"The government caved in to the pressure of powerful economic

groups,"  said Filisberto Damasceno, a spokesman for the

Indigenous Missionary Council, linked to the Catholic Church. 

"The decree will benefit only big landholders and gold miners."

  

About 300,000 native Indians live in Brazil, down from an

estimated 1 million in 1900. Most live in the Amazon jungle, which

covers 60 percent of the country.

  

In the 1980s, the discovery of large gold deposits drew tens of

thousands of illegal prospectors to native Indian lands. The

miners destroyed forest, polluted rivers and spread diseases fatal

to Indians.

***********

 

ITEM #3:

 

/** rainfor.genera: 138.0 **/

** Topic: Decree 22/91 **

** Written  5:02 AM  Jan  9, 1996 by ax:cimi in cdp:rainfor.genera

**

BRAZILIAN PRESIDENT ALTERS BASIS OF INDIAN LAND RIGHTS

(DECREE 22/91)

======================================================

 

CIMI, the Brazilian Church agency for indigenous affairs, publicly

repudiates the change to Decree 22/91, announced in the early

evening of 8 January by the presidential spokesperson, Sergio

Amaral. CIMI consideres this action an attack on the

constitutional rights of Brazil's indigenous peoples and a violent

act of disregard for protests by indigenous peoples, public

figures, and individuals and organisations who support the

indigenous communities. Throughout 1995 messages have come from

all over Brazil and from abroad opposing the change. The change to

Decree 22/91 includes the introduction of the right of challenge

to the declaration of an indigenous reserve, which benefits the

invaders of indigenous areas, and also provides for the review of

the boundaries of some areas.

 

On 5 January President Fernando Henrique Cardoso suspended the

announcement of the package of indigenous measures and ask for the

measures to be announced gradually. As a result, the Brazilian

Official Gazette of 8 January appeared merely with the annoucment

of the confirmation of protected status (homologation) for 17

indigenous areas in various parts of Brazil. The Brazilian press

says that the President's decision reflected the problems the

measures are likely to cause among the Brazilian military and

international bodies.

 

The only indigenous areas whose boundaries are now immune from

review are those homologated and registered in the relevant land

registries, 247 of the total of 554 indigenous territories in

Brazil.

 

In interviews throughout 8 January, CIMI reaffirmed its opposition

to the new decree. It stressed in particular that the list of

areas whose protcted status is confirmed excludes a number which

are the object of political pressure, such as Raposa/Serra do Sol

in Roraima. CIMI also draws attention to the danger that the

resources provided by the G7 countries for the demarcation of

indigenous territories will now be used instead to review their

boundaries.

 

The staff of the Brazilian government indigenous agency, FUNAI, is

inadequate to deal with the volume of work the new decree will

cause. The Land Division, which deals with all processes involving

the review of areas, has only six anthropologists, and FUNAI's

team of lawyers is also inadequate.

 

In CIMI's view the direction given to indigenous policy by

President Cardoso's government violates the commitment the

President gave to indgenous leaders and organisations and

anthropologists from all over Brazil, to whom he made a promise to

guarantee the rights of Brazil's indigenous peoples and so redeem

one of the Brazilian state's historic obligations.

 

###RELAYED TEXT ENDS###

You are encouraged to utilize this information for personal

campaign use; including writing letters, organizing campaigns and

forwarding.  All efforts are made to provide accurate, timely

pieces; though ultimate responsibility for verifying all

information rests with the reader.  Check out our Gaia Forest

Archives at URL=   http://gaia1.ies.wisc.edu/research/pngfores/

 

Networked by:

Ecological Enterprises || Fax/Phone->(608) 233-2194 ||

Email-> gbarry@forests.org