Tuesday, December 16, 2008

Brazil Upholds Indigenous Rights in Key Case

Indigenous communities across Brazil are celebrating a Supreme Court decision made last week defending five tribes' right to live on their ancestral land.

The livelihoods of indigenous peoples across Brazil continue to be threatened by large scale farming, industrial development, and deforestation.

"The Supreme Court's vote is a milestone in the thirty-year battle of the Makuxi, Wapixana, Ingarikó, Taurepang and Patamona indigenous peoples for the recognition of their constitutional right to their ancestral lands," says human rights monitor Amnesty International. The territory, known as Raposa Serra do Sol, is home to 20,000 people and lies on the frontier between Brazil and Guyana/Venezuela. During the three decades that the indigenous peoples of Raposa Serra do Sol struggled for official recognition of the land, local landowners, settlers, and members of the military police waged a campaign of violence and destruction to support the settlement of large-scale rice farmers who are illegally operating on the reservation.

Worldwide, some 370 million indigenous people struggle to maintain their culture and sovereignty amid a geopolitical system that contradicts many of their values and was imposed upon them without their consent. In Botswana, two years after a high court recognized the indigenous Kalahari Bushmen's right to live and hunt on their land, the government sanctioned last week the construction of a diamond mine on the Bushmen's territory. Survival International, an organization advocating for indigenous rights around the world, reports.


Indians rejoice as Supreme Court affirms land rights
From: Survival International
11 December 2008

Indians across Brazil are celebrating today as the majority of judges in the Supreme Court ruled to uphold indigenous land rights in a key case. Indian representatives have called the decision, made yesterday on the 60th anniversary of the Universal Declaration of Human Rights, a ‘great victory’.

The ruling concerns the indigenous territory Raposa-Serra do Sol (‘Land of the Fox and Mountain of the Sun’) in the Amazon state of Roraima. A small group of powerful farmers, who want the Indians’ land and are supported by local politicians, had petitioned the Supreme Court to overturn the Brazilian government’s legal recognition of the territory. President Lula signed the territory into law in 2005.

Yesterday eight out of eleven Supreme Court judges affirmed the Indians’ rights to the land, saying it had been demarcated according to the constitution. They affirmed the importance of maintaining indigenous territories as single, continuous areas and stated that territories on Brazil’s borders do not pose a risk to national sovereignty.

The five tribes of Raposa-Serra do Sol had struggled for thirty years to reclaim their ancestral land. The group of farmers refused to leave the area when it was demarcated as an indigenous territory, and since the demarcation they have been waging a campaign of violence against the Indians in order to resist being removed from the land.

Shocking footage taken in May this year shows gunmen hired by one of the farmers attacking a Makuxi Indian community, throwing homemade bombs and firing assault rifles. Ten Indians were wounded in the attack.

The judges also ruled that the farmers must leave Raposa-Serra do Sol, but did not specify when. This will be decided when the ruling is concluded during the court’s next session starting in February 2009, when the remaining three judges deliver their rulings.

Makuxi leader Jacir Jos√© de Souza of the Indigenous Council of Roraima (CIR) said today, ‘The land is our mother. We are happy that [our land] has been reclaimed and that the Supreme Court has vindicated indigenous people.’

The Indians of Raposa-Serra do Sol believe that the loss of their land would have destroyed their way of life. Indians elsewhere in Brazil also feared that if the Supreme Court had overturned the demarcation of the territory, it would have left their lands open to similar legal challenges.

Survival’s director Stephen Corry said today, ‘This is fantastic news for the people of Raposa-Serra do Sol. The Brazilian government must now make sure that the farmers leave the area and that the campaign of terror against the Indians ends. It must also ensure that Indian land rights are upheld nationwide, so that never again will we see such blatant attacks on Indians on their own land.’

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