[08/30/07] Brazilian Government Affirms, "Lands Stolen by Aracruz Should be Returned to the Indigenous."

Brazilian Government: The Lands Occupied by Aracruz Should be Returned to the Indigenous
30/08/2007 | News

The Brazilian Minister of Justice, Tarso Genro, signed a resolution that guarantees the Tupinikims and Guarani indigenous the property of 14,227 hectares of land in Aracruz municipality (Spirito Santo state), which had been ilegally occupied by Brazilian company Aracruz Celulosa.

Genro’s decision orders the demarcation of indigenous lands, which had been identified as such in 1973. The next step is that the Brazilian President Luiz Inacio Lula da Silva recognizes the territory as indigenous, which is expected to happen soon because the Ministry of Justice has already determined the Tupinikims and Guaranis are the rightful owners of the lands.

Brasil de Fato reported the indigenous advisor of the Federation of Social and Education Assistance (FASE) of Brazil, Arlete Schubert, said “This is a moment that reflects the integrity they (of the indigenous) have shown since 2005”. He underscored the conviction of the Tupinikims and the Guaranis that these lands, would belong to them again and their strength not to deny their rights, guaranteed by the national Constitutional.

However, the advisor of the Federation of Bodies for Social and Educational Assistance said that several social organizations and individuals have supported the campaign of the indigenous to recover their lands.

The 14,227 hectares of land in Aracruz had been traditionally occupied by the Guaranis and in the late 60s these lands were invaded by Aracruz Celulosa, a forestry corporation and pulp manufacturer.

Once Lula da Silva certifies these lands as indigenous, the National Indigenous Foundation (FUNAI), an agency of the Brazilian government, will intervene in the negotiations between indigenous, Aracruz officials and the government, to establish how the company’s eucalyptus will be withdrawn.

Tupinikims and Guaranis decided in a meeting held in 2005 that they would reclaim their rights over the lands that had been occupied by Aracruz. According to Brasil de Fato, at the time there were four studies by FUNAI that concluded the land, in fact, belonged to the indigenous.

On September 12th 2006, FUNAI sent the then Minister of Justice, Márcio Thomaz Bastos, its position that the lands occupied by Aracruz Celulosa are indigenous lands and should be demarked as such. Bastos, who had promised to order the indigenous demarcation of this territory, failed to fulfill his promise, purportedly under pressure of the company and Brazilian politicians.

That month Aracruz began a strong campaign of xeonophobia against the Tupinikims and the Guaranis. The company handed out leaflets in Aracruz municipality and in other parts of Spirito Santo denying the fact the the Tupinkims had lived in Aracruz.

The propaganda campaign led to a lawsuit against the company filed by Brazil’s Federal Attorney’s Office, accusing it of moral damage.
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Article originally available @ http://www.radiomundoreal.fm/rmr/?q=en/node/23548
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SEE ALSO: http://www.brazzilmag.com/content/view/8633/1/

Against All Odds Brazilian Indians Defeat Multinational and Get Land Back

Brazilian Indians are celebrating what they consider a historical decision, which was published August 28 in the Diário Official (Federal Gazette), by means of two ministerial decrees, no. 1463 and 1464, signed by the Minister of Justice Tarso Genro, declaring 18,070 hectares of lands in the municipality of Aracruz, state of Espírito Santo, Brazil, as indigenous lands, belonging to the Tupinikim and Guarani peoples.

Before this decision, only 7,061 ha had been demarcated and another 11,009 ha had not, and continued being invaded by the eucalyptus and cellulose producing multinational company Aracruz Celulose. By means of this decision, the Brazilian government fulfilled the Brazilian constitution that says that it is the responsibility of the government to demarcate lands, traditionally occupied by indigenous peoples and necessary for their physical and cultural survival.

The victory has been and continues being celebrated by all the seven Tupinikim and Guarani villages. The chiefs declared that this victory is both a result from their union, their courage and determination to struggle for the lands they were evicted from in the past, guaranteeing the future of their children, but at the same time, this victory was also possible because of a strong network of support, both in Brazil as well as outside Brazil.

Some remarks about this decision by Indian leaders and their friends:

- Within a government full of contradictions, the Minister of Justice definitely showed courage by taking this decision, while receiving an enormous pressure of members of parliament and senate, governor of Espírito Santo and all the actors in the agribusiness sector, besides of the regional and national media.

- This is definitely the most important decision in the whole demarcation procedure. What is left now is (1) the physical demarcation (in the field) of the 18,070 hectares, (2) the homologation (recognition) of this physical demarcation by the President of the Republic (comparing this work with the ministerial decrees), and then (3) registration in the local register's office.

- The next urgent step, according to the minister, will be the signing of an agreement between Indians, Aracruz and the government through which it will be settled how to deal with the compensation for the Aracruz company for being forced to leave the area of the 11,009 ha. This agreement certainly will consider the wood inside the 11,009 hectares as part of this negotiation, once the government has declared several times that it has no money to 'compensate' the company (although the pulp and tree plantation sector has US$ 8.7 billion guaranteed in public loans until 2010.)

Although the Indians blame Aracruz for destroying the forest that they used in the past, this agreement is important for both the government and the Indians in order to prevent a long judicial battle from the Aracruz side that could paralyze the regularization of the lands.

The Tupinikim and Guarani already started meetings among the chiefs and leaders to be prepared for this negotiation and they also will organize a general assembly of the communities.

- This decision of the government means that the Brazilian government definitely does not recognize the studies presented by Aracruz, and published broadly in popular folders in the region and the country and even outside the country, that the Tupinikim indigenous peoples never inhabited the region of Aracruz.

This study is supposedly produced by 15 'specialists' whose names Aracruz still hasn't published. The publication of this study, together with allegations that especially the Tupinikim Indians are no Indians, lead to a condemnation of Aracruz by the Federal Court in Linhares, Espírito Santo, for discriminatory behavior, in December, 2006.