Demarcation: threat of government changes sparks protest, conflict and invasions

Demarcation: Threat of government chances sparks protest, conflict and invasions

The government's intention to change demarcation procedure and allow challenges by non-Indian individuais or local authorities has led to a storm of protest both ira Brazil and abroad. Renewed invasions and violence have beco reported ira severa) indigenous arcas and further demarcation are paralysed until lhe new definition is announced. As we go to press Justice Minister Nelson Jobim has still to make a formal announcement of lhe changes he wants to introduce ia Decree 22, which he claims is unconstitutional because it does not include lhe right of appeal against demarcation. The Minister wants to give this right to those squatters, ranchers, settlers, miners, or local authorities who feel they also have a claim ou lhe )and.
Resides future demarcation, his original proposal extended this right of challenge to ali those reserves already demarcated whose new boundaries have not yet been included ia lhe official )and registry. 368 out of 557 arcas could be affccted In August, at a meeting between President Cardoso and non-government anthropologists, Justice Minister Nelson Jobim reportedly backtracked and promised that already-demarcated arcas would not be revised.

PROTEST
Protests at lhe Minister's proposed changes include:
A petition by 150 well known Brazilians, including Workers Party leader Luis Inacio Lula da Silva, Sao Paulo's Environment Secretary Fabio Feldman, lhe Bishop of Sao Felix do Araguaia, Dom Pedro Casaldaliga, and lhe Governor of Amapa, Rui Barcellos,
A motion at lhe annual reunion of Brazil's scientific community (SBPC) expressing concern because they could "rekindle conflicts that had already been solved."
A critical dossier analysing lhe Cardoso government's indigenous policy prepared by ISA, lhe socio-environmental NGO created by lhe merger of lhe Nucleus of Indian Rights and lhe Ecumenical Centre of Documentation and Information (CEDI).
According to ISA, lhe proposed changes meara that ultimately government policy is to reduce Indian arcas. They believe lhe immediate result will be lhe fuelling of existing conflicts ira about 120 arcas. "To do this to arcas that have been measured, marked out, and approved often after years of struggle, excluding only those demarcation ora lhe )and register, would be madness". ISA criticised lhe Justice Minister insistence that lhe existing Decree 22 is unconstitutional, ara argument already rejected by lhe Supreme Court when Jobim presented it ora behalf of lhe state of Para ia 1993, before he became minister.

VIOLENCE AND CONFLICT
CIMI (Catholic Missionar) Council) blamed recent examples of violence and conflict ira Rondonia, Pernambuco, Alagoas, Bahia, Amazonas, Para and Maranhao ora lhe proposed changes. - In May FUNAI lawyer Geraldo Rolim was murdered 2 days after farmers, who had been received by Minister Jobim, invaded lhe Xucuru arca ira Pernambuco. - Squatters who were about to accept compensation and )cave ara indigenous arca ira Bahia changed their' minds because they now believe lhe demarcation could be revised.
- A working group set up to find a solution to conflict over lhe Xucuru Kariri reserve ira Alagoas, where Indians have been victims of violence, was suspended because of lhe expected change to the law.

CCPY-Update/82, 18/09/1995