(Eng) URGENT ACTION: Indian rights decree
by way of neil@lds.co.uk (rainfor.general@GNOSYS.SVLE.MA.US)
Thu, 16 Nov 1995 23:38:21 +0100
Original Sender: socioamb@ax.apc.org
Mailing List: NATIVE-L
Urgent Action: Brazil Changes Indian Land Demarcation Decree
Instituto Sociambiental (ISA) SP and DF, BRAZIL, 13/11/95 - The
Minister of Justice, Nelson Jobim, on behalf of the Fernando
Henrique Cardoso (FHC) government, has si nce the beginning of the
year signalled the government's intention to change the
procedures by which indigenous lands are demarcated in Brazil. He
maintains that Decree 22/91 which currently regulates the subject
is unconstitucional . The Minister holds that it is neccessary to
include the "right to contest" go vernment action (direito do
contraditsrio) in the procedure the right of third parties with
claims on Indian lands to formally state their claims in the
demarcation process for all the areas yet to be demarcated, and
for all already demarcated areas, except those registered in land
offices.
On November 7th, the President of FUNAI, Marcio Santilli, in a
meeting with the Forum for Defense of Indigenous Rights, confirmed
that the revision of the decree should be published in the coming
week.
High level government representative has affirmed repeatedly and
publicly that including the "right to contest" government action,
even retroactively, will not mean any reduction of already
demarcated indigenous lands, and that the measure seeks to improve
the demarcation process so that it can proceed.
At the same time, the government has paralyzed the demarcation
process, and, what is worse, signalled the interests opposed to
indigenous rights its complacence with violations of
constitutional rights. The government has taken no initiative to
reverse or prevent invasions of indigenous areas by loggers, land
fraud operators, ranchers and others. It has also not registered
in the respectiveland offices those areas the demarcation of
which was already ratified by the President of the Republic,
which would have exempted those areas from possible challenge
under the new procedures.
In light of the news that the government will soon promulgate a
new decree to replace 22/91, ISA wishes to reiterate the urgent
necessity of resuming the demarcation process, and of halting
invasions of indigenous lands. It is critically important that
the Brazilian government be aware that international public
opinion is concerned with the possible implications of the
revision.
Please write, fax or email the President and/or Minister of
Justice, emphasizing concern with: maintenance of the indigenous
lands already identified, indigenous lands already delimited, and
indigenous lands already demarcated; halting the depredation of
natural resources on indigenous lands; and with the urgent
conclusion of the process of demarcation.
Messages should be sent to:
Min. da Justica Nelson Jobim Pres. Fernando H. Cardoso
Esplanda dos Ministerios Bloco T Palacio do Planalto 70064900
Brasilia DF 70160900 Brasilia DF Brazil
Brazil fax 01155612242448 fax 01155612267566
email: njobim@ax.apc.org email: pr@crdf.rnp.br