NEWS FROM BRAZIL supplied by SEJUP (Servico Brasileiro de Justica

e Paz).

Number 218, February 29, 1996.

INDIGENOUS ISSUES

- ACTION REQUEST: Invasion of another indigenous area.

A invasion took place in the Pequizal indigenous area of the

Nambiquara group in the valley of the Guapore, State of Mato

Grosso on February 18. This area was demarcated in 1993. The

invaders where equipped with chain-saws and tractors and were

preparing roads to prepare settlement lots in the area.

When the indians discovered the invaders on February 19

shots were exchanged. Local sources claim that the invaders are

being led by lawyer Dario Ferrari from the nearby town of Pontes

de Lacerda. Local NGOs request that messages be sent to the

Minister for Justice, Nelson Jobim, requesting that the federal

police be sent immediately to the area to remove the invaders.

The e-mail address of the minister is njobim@ax.apc.org.

They also request that you send a message to Brazilian

President Fernando Henrique Cardoso demanding that the federal

indigenous agency (FUNAI) be given sufficient funds to guarantee

the removal of the invaders from the area.

The President's e-mail address is gppr@cr-df.rnp.br

Please send us a copy of your messages (Sejup@ax.apc.org) which

we will pass on to the organizations who work for the defense of

the indigenous population in the Guapore Valley.

- Church condemns Decree 1775.

The National Conference of Catholic Bishops of Brazil (CNBB)

condemned Decree 1775 at the meeting of its central coordination

commission on February 27. The government decree facilitates

greatly the invasion and occupation of indigenous lands by

ranchers, miners and loggers. Speaking in the name of the CNBB,

Bishop Erwin Krautler of the Diocese of Xingu, State of Para

commented that the Decree "contradicts the Constitution" and "is

an attack on the rights of the indians".

In Germany it is expected that the parliament will discuss

the protection of the tropical forests in Brazil and the

indigenous question during the month of March at the request of

the Green Party. This upcoming debate is seen by German ONGs as

an excellent opportunity for a public debate not only on Decree

1775 but also on the objectives, methodology and experiences of

international cooperation for the protection of tropical forests.

If the parliament accepts the date proposal of the Green Party

for the debate, it should take place between March 11 and 15.

Brazilian Justice Minister, Nelson Jobim plans to visit

Germany on March 27 to present the government's point of view on

the Decree. During the next weeks he plans to visit four other

countries - the US, Switzerland, Belgium and England with the

same mission. On March 05, he travels to Austin, Texas, to

participate in a three day seminar about environmental and

indigenous peoples laws. The event will be promoted by the

University of Texas. The European parliament condemned the Decree

just over a week ago.

- Weekly newsletter of the Missionary Indigenous Council (CIMI).

Newsletter n. 198

RESOLUTION OF THE EUROPEAN PARLIAMENT HAS REPERCUSSIONS IN BRAZIL

The Brazilian government had a negative reaction to the resolution

passed by the European Parliament on the 15th of February accusing

Brazil of backwardness in its Indianist policy, which threatens

indigenous rights. The Parliament criticizes Decree 1775, based on

which private individuals may interfere in the administrative phase of

the procedures for the demarcation of indigenous lands. According to

the parliamentarians, that decree ``was the result of pressures from

powerful landowners, miners and of societies engaged in the

exploitation of mineral and forest resources.'' The decision of the

European Parliament was disseminated by Jornal do Brazil, a newspaper

with a large circulation, on February 17. When the press asked

minister Nelson Jobim what he though of the resolution, he said that

``they should be more concerned with the problems in Bosnia, which

they have not managed to solve.'' The minister got even more irritated

when he was informed that Europarliamentarians are trying to persuade

the European Union (EU) to condemn Brazil's attitude too.

Worried with Brazil's image abroad, president Fernando Henrique

Cardoso quickly summoned the president of Funai, Marcio Santilli, to

the Planalto Palace for a meeting on Saturday afternoon. The results

of the meeting have not been disseminated, but information got about

that Santilli was instructed to remain ``on the alert.'' The Brazilian

government decided not to cancel the trip of minister Nelson Jobim to

Europe, which is scheduled to begin on March 25. Arrogantly, Jobim

says that Brazil will not be forced to provide explanations to the

international public opinion and that the aim of the trip is to

present the National Human Rights Plan. He did not explain, however,

why he criticized the European Parliament, in an attitude that reminds

us of the military regime of the past, which when accused of torturing

and killing political opponents exalted the national sovereignty and

criticized European parliamentarians. In Cimi's opinion, the

resolution of the Parliament represents a victory for indigenous

peoples and organizations that are fighting against the threat posed

by decree 1775/96.

The president of the ``France Libertes'' Foundation, Danielle

Mitterrand, also sent a letter to the Brazilian government. Addressed

to president Fernando Henrique Cardoso, it asks the federal

administration to ``take great care'' to avoid jeopardizing the right

of indigenous communities to a land to live in through the new decree.

CONFLICT IN XAVANTE AREA CAUSES THREE CASUALTIES

The climate in the city of Campinapolis, state of Mato Grosso, is

still tense after a confrontation involving Xavante Indians from three

villages located in the state and lumbermen last Friday, February 16.

In the conflict, three whites were shot, arrowed or clubbed to death

and three persons were wounded, including an Indian, Joao Werede, head

of an indigenous station that was trying to prevent the invasion of

indigenous lands and the illegal extraction of hardwood therefrom.

Because of communication difficulties in the region, there is no

precise information on the situation right now, but rumors got about

that the Xavante are planning to attack relatives of the lumbermen

to avenge the attempt to kill Werede. However, nothing of the kind has

actually happene.

Brasilia, February 23, 1996

LAND ISSUES

- Update: Chief of police is investigated.

The Police Commissioner for the State of Sao Paulo, Antonio

de Castro Machado, ordered that the comportment of the chief of

police in Sandovalina, Marco Antonio Fogolin, be investigated. In

recent editions we reported that Fogolin proposed to exchange

four leaders of the Movement of the Rural Landless (MST) who are

in prisons in the region for a leader (Jose Rainha Jr) who has

remained hidden since his prison decree has been signed. Rainha

has been getting national attention and is the cover story of one

of the most popular Brazilian magazines this week - "Isto E". The

investigation should be completed within a month and depending on

the result, Fogolin's punishment can range from a warning to

dismissal from the police force.

The four prisoners - Claudemir Cano, Felinto Procopio,

Laercio Barbosa and Diolinda Alves the Souza went on a hunger

strike to protest that their impsisonment is unjust and that they

are being held as hostages of the state. The latter has been

admitted to hospital because of problems caused by the hunger

strike. President Cardoso was put on the spot by trade union

leader Vincente Paulo da Silva (Vincentinho) on February 27 when

at a public audience with the President he requested the release

of the four prisoners. "It is not possible to speak of modernity

in this country when something like this (the imprisonment) is

happening" commented Vincentinho. President Cardoso replied that

"as President I cannot put pressure on the courts' system. I can

only give my opinion which is that if possible it is better to

have people free. I see no reason to keep these people in

prison".

The Justice Tribunal of Sao Paulo requested on February 27

that as a matter of urgency that judge Darci Lopes Beraldo of

Pirapozinho explain why only on March 12 he will hear witnesses

in the case of the imprisonment of the landless leaders. This

request took place after MST lawyer Luiz Eduardo Greenhalgh

presented another habeas corpus request because he understood

that the delay was longer than that determined by law which

stipulates that the first witnesses should be heard no later than

20 days after the imprisonment of the accused. At his stage, the

four accused had been 32 days in prison.

- Sugar-cane lobby is largest in the Congress.

200 deputies and 31 senators are members of an informal

sugar-cane lobby in the National Congress according to a report

in the "Folha de Sao Paulo" on February 23. One of the chief

items on the agenda of the parliamentarians in the lobby is the

restoration of the alcohol program which they claim would create

200 thousand new jobs - at the moment 1.3 million are employed in

the program. Other advantages to be gained from the

reintroduction of the program according to the lobby would be the

use of a more environment friendly fuel and the reduction or

probable elimination of the current annual 2 billion liters of

alcohol imported to supplement production within Brazil. The

government is expected to announce measures to restore the

program within the next few days.

This program dates back to the 1970s when the Brazilian

government decided to invest in the production of alcohol within

the country for use in cars in order to economize on the

importation of gasoline. Alcohol using cars were launched in

1978. Between 1985 and 1988, 96% of all cars sold within the

country were alcohol using; today the number has dropped to just

under 4%. At the height of the program extensive areas were

devoted to the planting of sugar-cane. With the expansion of such

areas, the production of other crops diminished. The program was

also blamed for many social problems such as the expulsion of

many small farmers from sugar-cane producing areas and the

extensive use of child labor during the planting and harvesting

periods.

Of the 346 sugar-cane distilleries constructed in the

country, 42 have closed, a further 38 have become bankrupt and

200 are facing serious difficulties. Debts of distillery owners

amount to approximately US $6 billion. Since the beginning of the

program the government has invested US $10 billion - a large part

of this total was used in the construction and the modernization

of the distilleries. The sale price of a liter of alcohol is

approximately 10 cents under its production costs. With a monthly

consumption of 1.1 billion liters, the monthly loss with the sale

of alcohol within the country is approximately US $110 million.

The loss is made up by a surcharge on gasoline.

SOCIAL ISSUES

- Projects to overcome social problems.

With so many negatives things to report, it is always a

pleasure to have positive news. This week we have two item which

fit into this category.

The first story relates to the orange juice industry which

has decided to eliminate child labor at all levels of production

from the orange plantation to the port of export. The decision

was taken on February 27 during a meeting between Abecitrus (an

organization which represents the exporters of orange juice) and

the Abrinq Foundation (a Brazilian foundation which has been

campaigning against child labor).

Last December Abrinq had called a meeting of representatives

of different segments of industry where child labor is used at

some stage of production. Motor and footwear industries were

represented at the meeting but representatives of the orange

juice industry refused to participate. Many children work in the

furnaces which produce charcoal for the steel and iron furnaces -

a product later purchased by the motor industry; numerous

children are involved in the finishing off process of shoes often

in their own homes. Abecitrus in December gave two reasons for

not participating in the meeting promoted by Abrinq. It alleged

that the orange juice industry does not employ children - this is

true in the final stages of production but numerous children work

in precarious conditions in the orange plantations. The second

reason given at the time for not participation in the meeting was

that Abrinq and its directors had Workers' Party (PT) tendencies.

Abecitrus has now completely changed its thinking in this

area and decided to be part of a large campaign to ensure that

children remain in school and that they be replaced in the work-

place by adults. Government figures estimate that 16.9% of 10 to

14 year old children are working and because of this not

attending school. Abrinq now plans to seriously question

Pertobras - the government petroleum company, about child labor

at different stages in the production of alcohol. In the sugar-

cane plantations an estimated 500 thousand children and youth

between 7 and 17 years work in the planting and harvesting

processes.

The second happier story this week comes from Sao Paulo.

Much attention has been given in recent years to the plight of

street children and the homeless in general. Despite widespread

international attention, governments - municipal, state and

federal, have done little to address this acute problem. Because

of the scale of the problem, NGOs and other such organizations

have not had the resources to address the problem. On February

26, the Oscar Romero Center announced a project which at least in

part will address the problem.

The Oscar Romero Center plans to invest in the formation of

street people. Many find themselves in this situation because

they are inadequately prepared to integrate society generally

because of the lack of formal education. The Oscar Romero Center

plans to construct a multipurpose building where this problem

will be addressed. Courses will be given not only in basic skills

such as reading and writing but also in trades such as carpentry,

hair-dressing etc. The novelty of the proposal is not so much the

courses but the fact that during the courses the participants

will be encouraged to form a cooperative. In this way they will

be prepared to move from the course into a small business owned

by themselves. In this way, such participants will not need to

compete for jobs after the course is completed. During the course

and during the establishment of the cooperative, the course

participants will be accompanied by professionals. It is hoped to

offer courses to at least 300 people each year.

The Oscar Romeiro Center plans to built and equip a

multipurpose building suitable for this project. Initial

estimates indicate that the costs will be in the region of US

$500 thousand. Fund raising is about to start and the Center

would be interested in hearing from anyone interested in fund

raising or contributing. If you are interested you we will act as

a contact for the Oscar Romeiro Center. Our e-mail address is

Sejup'ax.apc.org

VIOLENCE

- Large-scale availability of arms responsible for growing

violence.

The large number of assassinations in the State of Sao Paulo

(291) during the carnival week-end (see our report of last week)

is still causing repercussions. The State Secretary for Public

Security, Jose Afonso da Silva, promised to start a campaign of

disarmament in the state. He proposes to exchange basic food

baskets with a value of approximately US $100 for arms. His

proposal was greeted with skepticism from many sources who

remembered that a gun is worth much more.

Estimates show that in the State of Sao Paulo alone at least

5% of the population is armed. The civil police calculates that

in the Greater Sao Paulo area there are 750 thousand legally held

guns; the number for the interior of the state is calculated to

be approximately the same. The police suspect that there are

approximately 300 thousand illegally held guns in the state

although many suspect that the number is considerably higher.

During 1995, 21961 illegally held arms were confiscated in the

state. An average of 83.3 legally held guns are registered per

day. The legal sale of arms showed a decline in the state from

42090 in 1994 to 31781 in 1995. This in large part was due to

restrictions on authorization for the use of legally held arms

which stated in March 1995. Statistics quoted by the Commission

of Human Rights of the Bar Association (OAB) of Sao Paulo shows

that 85% of the murders in the Greater Sao Paulo area are caused

by guns. "Of every 16 people who carry guns and tries to react

when they are assaulted, only one is successful. The other 15 die

or are wounded" commented Jairo Fonseca, president of the OAB

Human Rights Commission.

Last weekend saw little improvement in the level of violence

in the city of Sao Paulo. Over the week-end 53 people were

murdered. Massacres (group murders) have also become more common

this year. When the first two months of 1996 are compared with

the same months of 1994, a 25% increase in the number of people

massacred is recorded - 96 killed in 10 massacres this year. Of

this total, 83% of the victims were under 25 years of age; 33%

were under 18. 91.7% were male. Most happen in the eastern and

southern regions of the city. According to police estimations,

30% of the massacres in the city of Sao Paulo during 1996 were

connected with drugs, 20% with revenge and 10% were carried out

by hired killers.

According to a recent study carried out by the police

ombudsman in Sao Paulo, Benedito Domingos Mariano, 85% of the

police who are killed die in off-service jobs such as security,

door-men etc. According to Mariano, this is a clear indication

that the police salary should be raised so that part-time off-

duty work will be less necessary. The office of police ombudsman

was introduced into Sao Paulo three months ago and since then

over a thousand complaints against the police have been

registered.

- Protest over freeing of police.

Residents of the Vigario Geral shanty-town in Rio de Janeiro

carried out a protest on January 26 at the central court house in

the city. They were protesting because of the release from prison

of 18 former police who were accused of the massacre of 21 people

three years ago in the shanty-town. The massacre took place as a

reprisal for the assassination of a police man. The police

accused of the massacre were expelled from the force.

The 18 were amongst 51 former police who were arrested

following the incident. They were provisionally freed because the

judge, Mario Guimaraes Netto, believed that there was not

sufficient proof against them to keep them in prison. The local

residents claim that with the release of the 18 former police,

the lives of many residents in the shanty-town will be at risk.

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