Situation of Indigenous Peoples in Mato Grosso do Sul
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INDIGENIST MISSIONARY COUNCIL - CIMI
JUDICIALIZATION OF THE DEMARCATIONS
By the end of 2013 more than 183 judicial processes were filed
in court involving land disputes and demarcation of the indigenous
areas. By the end of April of 2013, there were 87 suits in appeal in
the Federal Regional Court of the 3rd Region and approximately
56 cases filed in the first Federal Court jurisdiction in the State of
Mato Grosso do Sul5.
Analyzing the administrative regulations for demarcation
stipulated by Decree 1.775/96, covering the published reports
of identification, declaratory orders or approvals of these lands,
in nearly all cases there subsequently arise judicial decisions
favorable to fazenda owners and their organizations, suspending
the effects of administrative acts of the Federal Executive branch.
At the moment there are 57 tekohá guarani waiting
for identification. Of 39 of these the identification and
demarcation were agreed upon by FUNAI and the MPF in a
judicial agreement (Administrative Procedure MPF/RPM/DRS/
MS1.21.001.000065/2007-44) signed on November 12th, 2007.
However, none of the deadlines established in the agreement
were kept. Funai should have registered with the Justice Ministry
these 39 areas by April, 19th, 2010. However, only one area has
had its ruling published.
This is without counting the cases of the Guarani-Kaiowa end
Terena, who without legal decisions suspending the procedures,
are the object of an immense inertia on the part of the federal
executive branch which has not complied with the deadlines
stipulated in the Decree 1.775./96.
Thus, as if the lack of política willingness of the governments
in promoting the necessary administrative act in compliance with
Brazilian indigenous legislation, exceptionally when this does
not happen, judicial demands result in protracted paralysis of
everything for years without any prospect in the short and medium
term for definitive judgments.
Thus, current conditions reveal the urgent immediate necessity
that the proceedings for identification of the lands of the Kaiowá
and Guarani people take place once and for all. The question is,
how much longer must the indigenous people endure the delay, the
omission, and the unfulfilled promises about the definition of the
boundaries of their claimed lands?
Meanwhile, the sectors opposed to the demarcations continue
to promote discord and lies in relation to the identification
procedures, which the federal court has already found to be valid
and legal. Time passes, and the entire surrounding society is plunged
into a sea of conflicts, indecision and animosities, where everyone
is injured, indigenous and non-indigenous alike. The identification
of all the lands of the Guarani and Kaiowá people will put an end to
the uncertainties and bring greater hope for a better future for a
people whose resistance does not tire.
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