Situation of Indigenous Peoples in Mato Grosso do Sul slide image

Situation of Indigenous Peoples in Mato Grosso do Sul

teme 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. 37
View entire presentation