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WORLDWIDE FOREST/BIODIVERSITY CAMPAIGN NEWS

Brazil's New Indigenous Land Decree Takes Its Toll

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Forest Networking a Project of Ecological Enterprises

5/31/96

OVERVIEW & SOURCE by EE

The Rainforest Action Network reports on the impact of continued

implementation of plans to review Brazilian indigenous land demarcations.

This item was posted in econet's rainfor.general conference. An appeal is

made for letters to the Brazilian Justice Minister asking for him to order

the immediate demarcation of all indigenous territories, and to make sure

the human rights of Brazilian indigenous populations are respected.

g.b.

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RELAYED TEXT STARTS HERE:

/* Written 11:35 AM May 31, 1996 by amazonia in igc:rainfor.genera */

/* ---------- "DECREE 1775 TAKES ITS TOLL" ---------- */

By Beto Borges

RAN's Amazon Program

BRAZIL - DECREE #1775 TAKES ITS TOLL

The controversial Decree #1775, signed into law by Brazilian President

Fernando Henrique Cardoso on January 8, has already dealt a severe blow to

Brazil's indigenous rights. The Decree allowed private interests, and

state and local governments to challenge the demarcation of indigenous

reserves. By the April 8 deadline, Brazil's National Foundation for Indian

Affairs (FUNAI), which is in charge of processing the appeals, received

531 claims from miners, loggers, ranchers, and government officials,

targeting 83 different Indian areas.

About 250,000 indigenous people live in Brazil, representing 215 ethnic

groups and 170 different languages. They live in 526 territories

nationwide, which together comprise an area of 190 million acres... twice

the size of California. About 188 million acres of this land is inside

the Brazilian Amazon, in the states of Acre, Amap , Amazonas, Par , Mato

Grosso, Maranh_o, Rondnia, Roraima, and Tocantins. There may also be

50 or more indigenous groups still living in the depths of the rainforest

that have never had contact with the outside world.

Since about 65% of the Amazon Basin is in Brazil, and 188 million acres of

that land is the ancestral homeland of Brazil's indigenous peoples, it is a

crucial strategy for both rainforest preservation and human rights to make

sure this land is put formally into indigenous control. However, 125

million acres of this land has not been demarcated as indigenous territory,

and much of it is jeopardized by appeals under Decree #1775.

FUNAI tossed some of these appeals aside immediately because the government

already recognized the challenged land as securely demarcated. Such was

the case with challenges to the hotly contested Yanomami territory, where

strong mining interests had promoted taking the land away from the Indians

by force.

Besides challenges by the usual suspects; miners, loggers, and ranchers

several appeals were filed by state governments. The Amazonian states of

Rondnia and Par challenged all indigenous territories within their borders

whose demarcation was incomplete. This is ironic, since Rondnia received

$167 million from the World Bank earmarked for Indian land protection

and use-zoning.

Challenges to indigenous land must include anthropological proof that the

land in question is not ancestral Indian land. According to M rcio

Santilli_former President of FUNAI, and executive secretary for the

Socioenvironmental Institute_not a single filed challenge includes the

necessary studies.

FUNAI has 60 days to evaluate all challenges and make recommendations to

the Minister of Justice, Nelson Jobim, who then will take 30-120 days to

make final decisions.

Jobim, author of Decree #1775, argued that the Decree's challenge mechanism

will expedite the demarcation of Indian land by formally addressing

objections to the process. This is twisted logic, but we will see if he

lives up to his good intentions.

The international community, and environmental and human rights groups in

Brazil, want to see the immediate demarcation of the uncontested 73

territories which still need official recognition as indigenous terrritory.

There are no longer any constitutional obstructions to the process, and the

needed funds are available through the World Banks' Pilot Program for the

Amazon.

Article 231 of Brazil's constitution guarantees indigenous people control

of their traditional lands, and rights to secure their cultural identity.

Jobim should honor this promise when weighing his decisions on the Decree

#1775 challenges.

Please write to his excellency, Minister of Justice, Dr. Nelson Jobim, and

ask him to order the immediate demarcation of all indigenous territories,

and to make sure the human rights of Brazilian indigenous populations are

respected.

Dr. Nelson Jobim

Ministro da Justia

Esplanada dos Ministrios, Bl. T

Bras!lia, DF - CEP: 70.064-900

E-mail: njobim@ax.apc.org

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