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Brazil Justice Net

An alternative news source in Brazil,  building bridges to social movements working for a better world


NEWS FROM BRAZIL supplied by SEJUP (Servico Brasileiro de Justica

e Paz)

Number 160, January 05, 1995.

RURAL ISSUES

- Two condemned for Rio Maria assassination.

On december 16 last, two hired gun-men - Francisco de Assis Ferreira ("Grilo") and Jose Serafim Sales ("Barreirinha") were condemned in Belem, State of Para to 21 and 24 years respectively for the assassination of Rio Maria rural trade union leader, Expedito Ribeira de Souza, on February 02, 1991. The first mentioned was accused as being the intermediary in the crime, the second of carrying it out. Rancher Jeronimo Alves Amorim, who is accused as having ordered the assassination is in hiding. The public prosecutor in the case, Paulo Afonso de Oliveira, was assisted by well known Brazilian lawyers Jorge Farias, Luiz Eduardo Greenhalgh, Egidio Salles Filho and Henri des Rosiers.

The executive secretary of the Pastoral Land Commission (CPT) who represented the organization at the trial commented as follows: "The trial took place in an atmosphere of normality. The impression was given that two poor workers were being accused. Jeronimo did not show up at the trial and this fact once again proves the inertness and the impunity of the court system. Even though the judge had signed an arrest warrant a few months ago, the court system did not try to imprison him. From the beginning to the end of the trial various clear proofs that the three accused were guilty were presented. Even if he wanted to, the defense lawyer, Americo Leal, could not argue in favor of the innocence of the accused".

Expidito's widow, Maria Jose de Souza, agreed with the sentence but on the other hand was not enthusiastic. She commented "it is possible that soon they will escape as happened with the assassins of the Canuto brothers".

 

URBAN ISSUES

 

- Assassinations increase by 35% in city of Sao Paulo.

 

The number of assassinations per 100 thousand inhabitants in the city of Sao Paulo rose from 31 in 1993 to 42 in 1994 - an increase of 35.4%. The monthly average for 1994 was 352 assassinations. During the Christmas week-end 84 assassinations were registered in the city.

Figures for poor neighborhoods shows significantly higher averages. Capao Redondo and Parque Santo Antonio registered 155 assassinations per 100 thousand inhabitants during 1994. Upper and middle class neighborhoods such as Jardims, Belenzinho, Morumbi and Vila Mariana registered 31 assassinations per 100 thousand inhabitants. The statistics show that Sao Paulo is still behind Rio de Janeiro in the number of assassinations - the latter city registered 56 assassinations per 100 thousand inhabitants in 1993.

 

Theft also increased during 1994. Stolen cars rose from 559.8 per 100 thousand inhabitants in 1993 to 659.4 in 1994. This amounts to a monthly average of 8792 cars. According to Paulo Sergio Pinheiro, coordinator of the Nucleus for the Study of Violence of the University of Sao Paulo "the theft of cars presupposes an economic organization and a group to receive them. Just as in the case of theft of cargo and banks, it (this organization) is more than anything else the result of cooperation between the police and organized crime".

 

ECOLOGY

 

- Conclusions of the Parana-Paraguay Hidrovia Seminar.

 

In recent numbers of NEWS FROM BRAZIL we have carried reports on the proposed construction of the Parana - Paraguay Hidrovia (Waterway). We reproduce below from the amb.pantanal conference the conclusions of a seminar held in Sao Paulo between December 08 and 12 on this topic.

 

"Hidrovia Parana-Paraguay: Impacts and Alternatives"

 

The participants in the International Seminar "Hidrovia Parana-Paraguay: Impacts and Alternatives, meeting at the Latin American Parliament in Sao Paulo, Brazil, from December 8-10, 1994, representing environmental organizations, social movements, universities, and indigenous peoples, with participants from Argentina, Bolivia, Brazil, Paraguay, Uruguay, the United States, Canada, and Holland, declare:

"We are extremely concerned about the likely social and environmental impacts of going ahead with the Parana-Paraguay Hidrovia project, which will affect extensive and unique ecosystems,such as those making up the Pantanal of Mato Grosso, Brazil,and the Great Chaco of Paraguay and Argentina; and particularly indigenous peoples and traditional communities in the region.

Therefore, we accept and endorse the Letter of Chapada dos Guimaraes (September 7-9, 1994), from which we reiterate and expand upon the following points:"

 

# The Pantanal of Mato Grosso, one of the largest wetlands areas on the planet, extremely rich in biodiversity, with exuberant natural landscapes, a fantastic network of waters, with rivers large and small, home to an incredible variety of flora and fauna, inhabited by traditional populations, Indians, fishermen, and cattle ranchers, is degrading rapidly.

 

# The Hidrovia Paraguay-Parana project plans a series of large-scale engineering works and alterations in the bed and banks of the Paraguay River, including the straightening of curves and the closing off of tributaries and lakes. The greatest part of these and the most serious modifications in the river system would take place in the area of the Pantanal, which certainly would bring disastrous consequences, even greater than those which have taken place in the Mississippi and Rhine Rivers, where Hidrovias similar to that which is planned for the Paraguay River, were built.

 

# The groups taking part in the Chapada meeting are not against river transportation along the lines of that which has existed for a long time, and which continues to this day on the Paraguay River. However, we are extremely concerned with the current HPP project, which is intended to permit ocean-going vessels to travel 3,400km from Caceres in Mato Grosso (Brazil) to Nueva Palmira (Uruguay)

 

# We also denounce the fact that those who will be impacted by the HPP project are not being consulted, and are being excluded from taking part in decisions being made by the governments of Brazil, Argentina, Uruguay, Paraguay, and Bolivia, and the Inter-governmental Committee on the Paraguay-Parana Hidrovia (CIH), ever since the project's conception.

 

The Environmental Impact Studies should include the participation of all sectors of society. Economic viability studies should calculate in all social and environmental costs. It is also necessary to analyze economic and transportation alternatives for the region.

The process for decision making and formulation of work plans regarding the Parana-Paraguay Hidrovia project, on the part of the Inter-governmental Committee on the Hidrovia, the Inter-american Development Bank, and the United Nations Development Programme should be transparent. If studies and consultations are to have value, they must be open, and truly participatory.

Given the irreversible consequences of the engineering works, parts of the Hidrovia project, including the explosion of rock outcroppings at Remanso Castillo and Paso Arrecife (Paraguay), and other parallel undertakings to the Parana-Paraguay Hidrovia project should not be carried out until the Environmental Impact Studies for the entire project are completed, and public consultation regarding the studies can take place.

We have now established a permanent international network on this issue, which includes environmental groups, social movements, indigenous peoples, traditional communities, and scientists. A coordination has been formed, which includes delegates from those countries directly affected by the HPP, the international NGO community, and indigenous peoples, which will study, analyze, and monitor the project.

The groups meeting in Sao Paulo recognize that complex environmental and social problems, as well as the Parana-Paraguay Hidrovia, confront the region, and we are prepared to continue and to broaden our work, to the maximum extent possible, in order to contribute to the search for solutions and alternatives which will improve living conditions of local populations, through the continuation and deepening of technical and scientific studies, as well as reaching all sectors of society about the project, so that informed debate on the project may take place on the local, national, and international level.

The organizations which have taken part in this Seminar have chosen a coordination, which includes the following groups:

 

Argentina: Fundacion Kattan

 

Bolivia Asociacion Ecologica del Oriente (ASEO)

 

Central de Pueblos Indigenas del Oriente

Boliviano (CIDOB)

 

Brasil Forum Permanente do Meio Ambiente e

Desenvolvimento de Mato Grosso do Sul

 

Forum Matogrossense de Meio Ambiente e

Desenvolvimento (FORMAD)

 

Two Indigenous groups

 

Paraguay Sobrevivencia

 

Uruguay Redes

 

United States International Rivers Network (IRN)

 

 

CHURCH REALITY 1994

 

A few of areas of hope in the church reality of this year and ones that demonstrate a missionary dimension - going out of oneself, can be seen in some events of this past year. The first would be the theme "Social Exclusion" chosen for the Lenten Campaign, commonly knows as Campanha da Fraternidade. The second sign of hope is the Pastoral Plan of the Archdiocese of Sao Paulo for the next four years (1995-1999). And the third ray of hope is the action of the the Diocese of Roraima in the person of Dom Aldo Mongiano.

In choosing the theme, the Excluded, the Church in Brazil calls for social and communitarian changes dealing with this reality of the social exclusion of many in Brazil. It indicates ways for a mutual, just and democratic society where there are no excluded nor those who exclude. It calls for integrating into the community and society those on the margins of society and giving them spaces to participate in and to fully be part of this society. It calls for support for the movements and organizations of the excluded themselves.

There are a great number who have been denied justice, who have been abandoned and are destitute. The Lenten Campaign seeks to deal with those who feel the most abandoned, who feel forgotten and denied in their humanity. The theme does not refer only to those excluded by the economic system. Rather it treats the reality that Brazil is a third world country, dominated by a system that produces and accentuates exclusion, making more dramatic the situation of beggars, prostitutes, prisoners and the sick, etc.

The document calls all to reflect on the diverse faces of the excluded: the disfigured face because of hunger, the disillusioned faces because of political promises unfulfilled, the humiliated faces of those who have had their culture not respected, the terrorized faces because of daily and indiscriminate violence, the tired faces of migrants who have not been welcomed with dignity, the faces of the elderly who do not have the minimum in order to live with dignity, the faces of women disrespected and humiliated.

In late November 1994, the Archdiocese of Sao Paulo drew up its 7th Pastoral Plan. The object of this plan is: to evangelize the city of Sao Paulo, through an urban pastoral, renewing the life of the base ecclesial communities (CEBs), hearing and responding with mutual action to the outcries of the people, especially, those excluded from work, health, housing and education.

The plan calls for attending to this objective by relaunching the pastoral of the periphery, by revitalizing the Week of Faith and Social commitment and restructuring the Human Rights teams and that of Faith and Politics.

Since the Archdiocese was divided into four new dioceses in 1988, there has not been a unified pastoral action on the part of the newly formed dioceses, although three of the four new dioceses are situated with the city limits of Sao Paulo. This has been due to the fact that many of the newly created dioceses are headed by conservative bishops. The base ecclesial communities became weaker and whatever human rights teams there were, received little or no support. Now after six years, the Archdiocese of Sao Paulo is realizing that it is unrealistic to imagine a concerted effort on the part of the Archdiocese with the newly created dioceses in the above areas. So with its 7th Pastoral Plan, the Archdiocese is attempting to recover those areas in which it had been working for many years, namely the base ecclesial communities, workshops on Faith and Social commitment, human rights, and the ecumenical pastoral and religious dialogue.

The third ray of hope in the church reality of Brazil, is the role of the Diocese of Roraima, under the leadership of Dom Aldo Mongiano, in working with the indigenous peoples. This diocese is situated in the Amazon region of Brazil. Dom Aldo stresses the importance of strengthening the indigenous groups so that they can conscientize the Indians and use the Constitution for their own protection.

The main problem is the government's failure to demarcate the land and the subsequent invasions of gold miners, politicians and ranchers. There are currently 80 juridical processes in the judicial system. It takes an average of 12 years to resolve most cases.

Because of his support of indigenous rights, Dom Also was forbidden at one time to visit the Indian reservations. In 1993, he received death threats made on radio shows and an attempt was made to storm his house by hundreds of gold miners. Last year, the governor accused the church of being allied with international interest groups. The bishop asked for proofs, but none were given. Dom Aldo main concern is the strong desire of the majority of the white population in Roraima to take possession of Indian lands. The white population believe that the Indians are dangerous for the country. When Dom Aldo first began to work in Roraima, this was not the case. He said that the indigenous population and the white population lived in harmony. In recent years, the media has begun a campaign of feeding the whites false information. The media tells the white population that the reason they are poor is because the Indians have the better lands with minerals, etc. The media and the government have been pitting the poor against the poor.

Through national and international NGOs, Dom Aldo tries to stimulate political awareness and to get the demarcation issue on the political agenda. Many people in Roraima believe that state self-sufficiency will not be possible with the demarcation of lands (42% of state land). The governor has gone on record, saying that if all the identified indigenous lands in his state were demarcated, "the economy of Roraima would no longer be viable". Dom Aldo says this is not true, since Roraima is the most thinly populated state in the Federation. 80% of its population (215,000) lives in the capital.

 

SOCIAL REALITY 1994

 

At the beginning of November 1993, President Itamar Franco called in the army to police Rio de Janeiro's favelas (shantytowns) because of the drug-trafficking gangs which have become shadow governments in many of these hill-side homes of the working poor. For many favela dwellers, army intervention offered a poor alternative to Rio's abusive and corrupt civilian and military police forces. Many of Rio's favelas are surrounded by upper-class beach neighborhoods where Rio's elite and top-level drug dealers live in high style. The contrast between rich and poor is glaring. One thousand soldiers occupied a shantytown near the Tijuca neighborhood and set up checkpoints to search all those entering or leaving the favela. No major arms arsenals or drug caches have yet been found. However, denouncements of human rights abuses, mistreatment of residents and illegal arrests are being reported by NGO's and church groups.

Neither the Brazilian government nor the army is dealing with the root causes of the favela gangs -lack of jobs, housing, health care, and education. Violence , misery and human rights abuses have dramatically increased in Brazil in the past 5 years. This is the same time period in which a huge proportion of the population (32 million people) have slipped below a subsistence level, according to the Institute of Applied Economic Research (IPEA). The Brazilian bishops have chosen this theme of "Social Exclusion" for the 1995 Lenten Campaign. The neoliberal model that promotes materialism, individualism and competition has increased alienation and corruption among Brazilians. According to Brazilian sociologist, Herbert de Souza (Betinho), "Brazil is a country dominated by a system that accentuates exclusion - society, industry, the economic market are organized to serve an elite group. This culture of death excludes a large part of the population and creates a social apartheid permitting a few to live in islands of luxury and the large majority living in misery." Community spirit and solidarity have suffered because of the capitalist system. The state functions as an instrument of power for a small group's interests.

The bishop's campaign will focus on giving voice and empowerment to those excluded from Brazilian society -street children, women, migrants without homes and work, victims of domestic violence, prisoners, indigenous, and child prostitutes.

The social crisis of the country is seen in the increase in infant mortality as documented by the Children's Pastoral and UNICEF. Infant mortality increased 30% in the northeastern states of Brazil. In the state of Alagoas, the infant mortality rate for the first three months of 1994 was 174 deaths for every 1000 births. This places Alagoas below the country of Niger which has the worst ranking of infant mortality in the UN. According to the World Bank, there are 5 million malnourished children in Brazil or the equivalent of 25% of the infant population less than 5 years of age. Brazil has the sixth highest rate of hunger and malnutrition in the world. According to Gilberto Dimenstein in his daily column in the newspaper "Folha de Sao Paulo", "Brazilian society is failing in its most elementary task of guaranteeing the life of its children."

The effect of the neoliberal model is also very evident in the indigenous communities who are more and more excluded from Brazilian society. In 1500 there were between 5 and 6 million indigenous peoples in Brazil. Today there are only 250,000 indians belonging to 183 tribal groups. Indigenous communities are being pushed to the very edge of survival and their most basic needs are denied.

In September l994, Helio Jaguaribe, a prominent Brazilian sociologist presented a paper on "Indian Integration in Brazilian Society" to the Armed Forces in Brasilia. Jaguaribe's thesis states that the indigenous ought to be integrated into Brazilian society and he predicts the end of Brazilian indigenous groups by the year 2000. This thesis is becoming the official government line even though it is in direct contrast with the 1988 Brazilian Constitution which guarantees preservation of indigenous culture and demarcation of tribal lands. The Council for Indigenous Affairs (CIMI) of the Brazilian Bishops' Conference and NGO's have denounced this posture of "indigenous integration".

Eighty four per cent of indigenous land has been invaded by loggers, mineral companies, or gold-miners. The invasion by whites onto tribal lands has brought genocide, land conflicts, proliferation of illnesses and slave labor. This pattern of land invasion and social exclusion is clearly evident in the conflict waged against the Yanomami in the state of Roraima.

The Yanomami indians are the last stone age tribe of indigenous in the Americas. An orchestrated campaign of human rights abuses is being waged against them by the governor, military, big business and gold-miners in the state of Roraima. CIMI, the Indigenous Missionary Council has documented that over 2500 gold miners have invaded the Yanomami area and destroyed their food sources. Because of hunger among the Yanomami, in some villages gold prospectors are exchanging food for sexual relations with the indian women. This prostitution is responsible for the rapid spread of venereal diseases and malaria amongst the indians. The Federal Police have done little to remove the invaders from the area.

The dream that Brazilian "progress" will better the quality of life for all has turned into a social nightmare. This "progress", instead of meeting basic needs of everyone, creates artificial needs, more sophisticated, accessible to a small group. The logic of the market has taken the place of ethics and persons are treated as disposable , the same as any product that does not generate profit. The price of this option is social exclusion and the formation of a society characterized by violence and injustice for its poor, children and indigenous communities.

 

POLITICS

 

- Henrique Cardoso's first five days.

 

The New Year began in Brasilia, under cloudy skies, with the transfer of the presidency from Itamar Franco to Fernando Henrique Cardoso. The transfer of presidential power began in the late afternoon, with a speech by the new president to congress and his being sworn in as the new president. In his speech to the members of Congress and invited quests, the new president emphasized the lack of social justice in the country. He said, "this is the great challenges for Brazil as we end this century. It will be the number one priority of my government". His speech was followed by the transfer of the presidential sash from Itamar to FHC. Then the evening was topped off with a very elegant reception - black tie and formal evening dress for the invited guests. For the ordinary people - "povao", there was a musical show on the esplanade featuring Daniela Mecury, a well-known Brazilian singer from Bahia.

Many of President Cardoso's ministers were sworn in on the same day and others the following day, January 2nd. It seems there were other fireworks being set off besides those of the

official show. Sergio Motto, the new Minister of Communications, in his acceptance speech made some criticisms of Senator-elect Antonio Carlos Magalhaes. The latter was the Minister of Communications under President Sarney. Sergio Motto stated that the Ministry of Communications at that time was a disaster. In his speech Motto said that he would not use his office to grant radio and tv licenses to federal deputies nor to senators. This is a reference to Antonio Carlos Magalhaes giving various radio and tv permits to politicians in exchange for their vote for a 5 year term for President Sarney. This statement of Motto caused the new president to talk with him and ask him to withdraw his comments. Sergio Motto telephoned Antonio Carlos Magalhaes to say that he will issue a "official note" clarifying this subject.

The president of the largest TV network in Brazil, Roberto Marinho made known that he was upset with remarks made by the new Minister of Communications, Sergio Motto, a week before he became the new minister. Motto called for more social control over the communication networks. Marinho did not like this suggestion of the new Minister. Marinho was also upset and felt offended by the treatment he received on the part of the new president at the presidential inauguration. It seems that Henrique Cardoso circulated much during the inaugurational party and did not give Marinho the special attention that he is accustomed to receive.

 

 

INDIGENOUS ISSUES

 

- Recent indigenous news.

 

Following are the two latest newsletters from the Indigenous Missionary Council(CIMI).

 

BRAZILIAN SENATE WISHES TO REVIEW THE DEMARCATION OF INDIAN LANDS

 

The Brazilian Senate has just approved a Bill which determines a review of all demarcations of Indian land in the frontier zone. Before becoming law, this Bill will have to be approved by the Chamber of Deputies and finally sanctioned by the President of the Republic. Should it be approved, the Yanomami Indian Area, located on the Brazilian frontier with Venezuela, runs the risk of being reduced. The Bill was presented by Senator Csar Dias from the State of Roraima, in which the greater part of

the Yanomami lands are located.

The Bill would not only affect the Yanomami, but would be a blow to all of the Indian peoples of Brazil. Standing to gain from the Bill are the economic groups who have a vested interest in exploiting the natural resources to be found in the Indian Areas, and certain sectors of the military dissatisfied with the way in which the demarcation is currently carried out, and who maintain, erroneously, that Indian lands in the frontier zone present a threat to national sovereignty.

There is an article in this Bill which would require approval of the National Defense Council for any future initiatives for the demarcation of Indian lands in the frontier zone. This Council is made up of the four military ministers (the Army, Navy, Air Force, and the Joint Chiefs of Staff) and is intended to be a consultative agency for the President of the Republic on issues relating to national sovereignty.

The Bill presented by Senator Cesar Dias is a further obstacle to the process of the demarcation of Indian lands anywhere in Brazil. According to the Bill, demarcation would have to be carried out by means of a Bill of Law, and would thus require the approval of the National Congress. Furthermore, before submitting the Bill to Congress, the President would be required to consult the Government of the State in which the Indian Area is to be located. Such rules would make the demarcation of Indian Lands unfeasible in any part of Brazil.

 

GUATO' INDIANS vs. THE ARMY

 

The Guato' Indians are returning to Insua Island, located on the Paraguay River on the Brazilian border with Bolivia, from which they were expelled in 1925 by a cattle rancher. In the meantime the Brazilian Army has occupied the island and registered ownership and is currently resisting the demarcation of the Indian Area. which ought to have been concluded in 1992. The Guato' have returned to their lands, but the Army refuses to let them have dominion of the island.

 

Brasilia, 21st December 1994

 

 

NEW PRESIDENT OF BRAZIL WILL HAVE TO FACE ANTI-INDIAN INTERESTS

 

The new president of Brazil, Fernando Henrique Cardoso, has not announced his Indigenist policy so far. Several measures, however, must be taken to solve the problems which Indians have been facing for centuries. The main measure should be the demarcation and guarantee of Indian lands,which economic, political, and military groups have been resisting.

According to FUNAI (National Indian Foundation), 47% of all Indian lands have not been demarcated. At the Ministry of Justice alone, there are fifteen requests for demarcation waiting for the minister to determine the measure to be taken. The most controversial area is the one called Raposa/Serra do Sol, located in the state of Roraima, close to the border with Guyana. The Makuxi, Wapixana, Taurepang, and Igariko' Indians have been fighting for its demarcation for years, but there are strong pressures against it.

The president himself must homologate (confirm) the demarcation of five areas; the documents related to them are already on his desk. Measures must also be taken to begin the demarcation of several areas and to conclude demarcations in course. For this purpose, Fernando Henrique Cardoso must ensure the inclusion of the necessary funds in the budget of the Union and face groups which are against the demarcation.

The only reference made by Fernando Henrique Cardoso to Indians was during his inauguration speech on January 1 at the National Congress. "He will strongly ensure equal rights to Indian groups, some of which are living witnesses of the human archaeology and all of which bear witness to our diversity".

However, Fernando Henrique Cardoso did not mention whether he was referring to the specific rights of Indian peoples provided for in the Constitution or to the general rights of every Brazilian citizen. This point must be clarified, because the new minister of Justice, Nelson Jobim, to whom FUNAI is subordinated, supports the idea of changing demarcation procedures. In his opinion, those who occupy Indian lands could defend their rights before the Public Administration, as if the demarcation were aimed at settling conflicts and not only at showing the boundaries of an area. According to the law, invaders should claim their rights before the courts. Nelson Jobim was the rapporteur and main articulator of the constitutional review which should have been carried out in 1994.

 

Brasilia, January 5th,1995

 

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