NEWS FROM BRAZIL supplied by SEJUP (Servico Brasileiro de Justica

e Paz).

Number 228, May 23, 1996.

APPEAL

During recent days messages which should have been

sent to our e-mail address (sejup@ax.apc.org) were

sent to this list and consequently made their way

into the mail boxes of all subscribers. If you need

to contact us please do so ONLY at sejup@ax.apc.org;

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Brazilian human rights and social issues and only

in English.

LAND ISSUES

- Records of land ownership are chaotic

A report in the "Folha de Sao Paulo" on May 19 shows how

inadequate the government's records on land ownership are.

Without such records unused land cannot be taxed at a higher

rate; many hold that if such a tax were in place much of the

unproductive land would be made available for an agrarian reform.

The charging of the land tax has faced total confusion as

well especially in recent years. In 1994 it was not levied and

the fact that during the present year the tax will only yield an

estimated total of US $250 million shows that it is low. If all

property owners were to be taxed in accordance to the land value

and its' use, approximately US $2.5 billion would be paid to

federal funds by land owners estimates Raul Jungmann, Minister

for Land Policy. Due to the fact that it feels it has not the

infrastructure to charge a reasonable land tax, the federal

government is studying the possibility of a change in the

constitution which would transfer to the state governments the

right to charge such a tax.

INCRA (the federal government land agency) agrees that the

documentation on land ownership is chaotic. The reason for the

chaos is simple - the government accepts the declaration of 3.2

million land-owners regarding the size of their properties

without ever contesting or checking out such declarations. An

example of what results is the declaration of rancher Pedro

Aparecido Dotto to INCRA in 1978 regarding a 2.2 million hectare

ranch which he alleged he owned in the State of Acre. When INCRA

carried out another registration in 1992, Dotto claimed that his

ranch covered 2.2 thousand hectares.

Another example of how ridiculous the situation has become

is the fact that in 1988 the government reserved US $3.1 million

for the disappropriation of a ranch which today it is not sure if

it really exists. The ranch, in the State of Para, was reputed to

contain 58 thousand hectares. INCRA was alerted by six local

ranchers that the ranch which it proposed to purchase did not

exist. The ranchers then brought INCRA to court in order to

cancel the purchase because they feared that they would lose

portions of their ranches in the transaction. The registered name

of the ranch was Paraizo (Paradise). "As the name suggests, the

ranch Paradise is in heaven" commented neighboring rancher,

Nelson Antunes Borges.

If correct data were available regarding the size of each

property, then it would be possible to grade the land tax not

only according to the quality of the land but also according to

the use to which it is being put. Thus land used only for

purposes of speculation could be taxed at a higher rate and this

would encourage its owners either to use it or make it available

for agrarian reform projects. According to a FAO report of 1995,

instead of helping to bring about a possible agrarian reform, the

present land tax system has been "an important factor in

encouraging rural property speculation, low productivity and

absenteeism".

- Update: Military police involved in massacre of landless

imprisoned.

The commander general of the Military Police of Para,

Colonel Fabiano Diniz Lopes ordered the imprisonment of 155

military police who took part in the massacre of 19 landless

rural workers in Eldorado de Carajas on April 17 last. The prison

sentences will be served in the military barracks of Maraba and

Parauapebas and will range from 4 to 20 days. They are considered

to be disciplinary and the imprisoned policemen will not be

entitled to receive visitors while they are serving their

sentences.

The prison sentences were decreed after the general command

of the military police analyzed the inquiry report handed in on

Thursday of last week to the military court in Para. Colonel Joao

Paulo Vieira who presided the inquiry recommended in the report

that the military police who took part in the massacre be

punished because of their lack of 'military discipline' during

the incident. The commanding officer on the occasion of the

massacre, Mario Pantejo, is expected to be released after

completing a 30 day prison sentence this week decreed by state

governor Almir Gabriel.

- Action Appeal: messages requested for trial of accused

assassin of rural leader.

According to information supplied by the Pastoral Land

Commission (CPT) of the State of Tocantins, Natal Ferreira de

Souza will be tried by jury in Colmeia on June 11 next. Sousa is

accused of the assassination of rural leader Raimundo Candido

Mendes and the attempted assassination of Jose Pereira Matos

("Tuta") who at the moment is president of the Rural Workers

Trade Union in Colmeia.

In January 1994, approximately 50 landless rural families

occupied the Marilia ranch in the municipality of Colmeia

belonging to Jose Francisco Freitas Filho. The rancher succeeded

in getting a court action ordering the eviction of the landless

families. Later these families returned to the ranch where they

lived in provisional shacks while they planted crops.

On April 26 1995, Raimundo Candido Mendes and Jose Pereira

Matos went hunting in the area. They were attacked by three gun-

men hired by the rancher. Mendes was assassinated by the gun-men,

Matos, even though injured, escaped. Only one of the gun-men,

Natal Ferreira de Sousa, was arrested and then only after much

pressure was brought to bear on the State Secretary for Public

Security. The others fled. The rancher and his son, Jose

Francisco Freitas, who ordered the crime to be carried out

remained free.

Death threats have continued against Jose Pereira Matos. On

such threat was issued publicly at a meeting in the local

municipal buildings on April 18 last by the rancher. The CPT

requests that telegrams be sent to the judge and the public

promotor requesting that a fair trial be carried out. The

following text is suggested:

"We accompany with interest the judgment of Natal Ferreira Sousa

accused of assassinating rural leader Raimundo Candido Mendes and

of the attempted assassination of Jose Pereira Matos. Our hope is

that justice will be done in this trial and that impunity will be

attacked"

The address of the judge is:

Exmo. Sr. Dr Juiz de Direito da Comarca de Colmeia -TO,

Dr. Sandalo Bueno,

Forum de Colmeia -TO,

77.725-000 Colmeia,

TO, Brazil.

The address of the public promotor is:

DD. Representante do Ministerio Publico,

Forum de Colmeia -TO,

77.725-000 Colmeia,

TO, Brazil.

SOCIAL ISSUES

- Record unemployment in Sao Paulo.

The number of unemployed in Sao Paulo in April reached an

all time record of 1.342 million according to the Seade

Foundation. The figure represents an increase of 104 thousand on

the previous month. Seade surveyed 38 municipalities in the

Greater Sao Paulo area.

If in absolute terms the unemployment figures are the

highest ever when the number is taken as a percentage of the

economically active population the situation is slightly better.

The unemployed in Sao Paulo in April represent 15.9% of the

economically active population; in April 1993, 16.1% of this

group was unemployed. Trends are basically similar in other large

Brazilian cities. Between February and March 1996, the unemployed

as a percentage of the economically employed rose from 12.7% to

13.5% in Belo Horizonte; from 12.6% to 13.5% in Curitiba; from

11.3% to 13.1% in Porto Alegre and from 16.7% to 17.2% in

Brasilia. The record for Sao Paulo which stands at 16.2% was

reached in July of 1992 when the Brazilian industrial sector was

facing a recession provoked by the economic policies of ex

President Fernando Collor.

- Lack of social policies causes popularity of the Cardoso

government to fall sharply.

Within the last two months the popularity of President

Fernando Henrique Cardoso fell by 13 percentage points in Sao

Paulo. Cardoso has his political base there. A Datafolha survey

published in the "Folha de Sao Paulo" on May 19 shows that only

25% of those interviewed in Sao Paulo approve the Cardoso

government. The number stood at 38% in March. When he took over

as President, 68% of the population in Sao Paulo expected that he

would have have a successful government. Those who replied that

the government was poor rose from 37% in March to 42% last week.

74% in the survey thought that the Cardoso government is

giving much less attention than it should to social questions.

Former popularity of Cardoso gained by the success of the

economic plan (Plano Real) in mid 1994 is obviously being lost

due to the inactivity of the government in social areas. For

example, 83% replied that they were in favor of an agrarian

reform; 53% believed that the government was responsible for the

bad land distribution in Brazil - a further 20% blamed the

ranchers and 10% blamed the owners of industries. 45% disapproved

of the response of the President to the massacre of 19 landless

in Para in mid April; only 12% approved of his response.

CHILDREN'S ISSUES

- Update: Freeing of prisoners accused of massacre of

children brings protests.

After giving a confessed children's assassin, Marcos

Vinicius Borges Emmanuel a 309 year sentence on April 29 last,

the same Rio de Janeiro court freed another five accused of

involvement in the July 23, 1993 assassination of 8 street

children which has become known as the Candelaria massacre. Jorge

Liaffa Coelho, Nelson Oliveira, Claudio Luiz dos Santos, Marcelo

Ferreira Cortes and Jurandir Gomes de Franca were freed last week

by judge Jose Geraldo Antonio.

The move on the part of the judge came after Emmanuel and

two other accused - Marcos Alcantra and Nelson Cunha admitted

guilt and claimed that others in prison accused of the crime were

innocent. The only survivor of the massacre who came forward as a

witness, Wagner dos Santos, recognized the latter three as

participants in the massacre during a police line-up. Santos was

taken out of Brazil by human rights groups because of death -

threats and now lives in Switzerland. He returned for the trial

on April 29.

The freeing of the accused drew many protests from human

rights groups. Lawyers Cristina Leonardo and Fernando Fragoso who

represented the assassinated children asked to be removed from

the case in protest. "I cannot work any more on this case because

the judge freed the accused recognized by Wagner" commented

lawyer Leonardo. Immediately the accused were freed, Leonardo

phoned Wagner dos Santos in Switzerland advising him to take

extra precautionary measures. For further details and background

on this case see NEWS FROM BRAZIL of April 25 and May 02.

INDIGENOUS ISSUES

- Newsletters from the Indigenous Missionary Council (CIMI).

Newsletter n. 210

GOVERNMENT LAUNCHES NATIONAL HUMAN RIGHTS PROGRAM

On Monday, May 13, President Fernando Henrique Cardoso launched

the National Human Rights Program. Despite all the publicity and the

six seminars that were held in Brazil to collect proposals, the

Program was launched under strong criticism from social and human

rights movements and lack of interest of government-supporting members

of parliament, who did not attend the launching ceremony. However, no

efforts were spared to ensure the presence of international

correspondents, representatives of foreign entities and embassies,

evincing the fact that the Fernando Henrique Cardoso administration is

mainly concerned with impressing the international public opinion.

According to the 1st National Human Rights Conference held in

Brasilia on April 26-27, the Program boils down to a mere letter of

intentions which is not based on an adequate evaluation of the

necessary human and financial resources, was not included in the

Pluriannual Plan and is not covered by the Budget of the Union. The

Conference, which was attended by CIMI and various other

nongovernmental organizations, also warned that the Program did not

define who is responsible for its implementation, timetable and

deadlines for the conclusion of each program. According to government

representatives who attended the Conference, the Ministry of Justice

is the agency in charge of the National Program.

The government will face strong difficulties to implement the

proposals related to indigenous rights, as no means are available to

ensure the demarcation of indigenous lands as long as Decree 1,775/96

remains in force. Under much pressure from indigenist entities, the

proposal was included as a short-term action. The program also

provides that assistance-oriented policies are to be replaced by

policies aimed at protecting indigenous rights, that the Statute of

the Indian being analyzed by the National Congress for five years now

is to be reviewed, that FUNAI is to be provided with the necessary

funds to fulfill its mission, and that health care and education must

be ensured to indigenous populations. Still according to the Program,

investments are to be made in the Surveillance System of Amazonia in

the medium term to protect indigenous areas and FUNAI is to be

reorganized in the long term.

OFFICE OF THE ATTORNEY GENERAL TRIES TO DEFINE A

SOLUTION TO JARARA AREA

At the request of Claudio Fonteles, assistant attorney general in

Brasilia, the Office of the General Attorney in Sao Paulo filed a

petition at the 3rd Region of the Regional Federal Court in the state

on Wednesday (05/15) requesting that the decision issued by Judge

Theotonio Costa - determining the eviction of the Guarani-Kaiowa from

a land area they claim as theirs - be analyzed and discussed by the

1st Civil Team of the Court. Judge Theotonio issued the decision on

April 25 in favor of farmer Miguel Subtil de Oliveira, an invader of

the area in question. Funai received a legal notice to remove the

Indians from the area until May 23. The Kaiowa threaten to commit

collective suicide if they are evicted. CIMI and other entities that

support the cause of the Guarani-Kaiowa are sending faxes to the

judges of the 1st Civil Team in Sao Paulo, to the Presidency of the

Regional Federal Court, to the president of the Republic, to the

minister of Justice and to the president of FUNAI to take the

necessary steps to revoke the decision issued judge Theotonio before a

tragedy occurs. The 1st Civil Team will convene on June 4 to analyze

the matter.

Brasilia, 21 May 1996

Newsletter n. 211

VICTORY OF GUARANI-KAOIWA INDIANS IN JARARA INDIGENOUS AREA

Last Wednesday (05/22), Judge Theotonio Costa, of the Regional

Federal Court in Sao Paulo, revoked his ruling authorizing the

eviction of Guarani-Kaiowa Indians from the Jarara indigenous area in

the state of Mato Grosso do Sul. The decision was made at the request

of the District General, Silvia Luedemann, according to whom the

former ruling should be suspended for humanitarian reasons. The action

of the District Attorney was based on an appeal made by the indigenous

commission, CAPOIB, Cimi and the Pro-Indian Commission, which together

with the Workers' Party in Sao Paulo managed to convince the judge to

reverse his decision and the Office of the General Attorney to

formally intervene in the matter. The decision of the Federal Court

will remain in effect until the bill of review filed at the Court by

farmer Miguel Subtil de Oliveira is judged.

The Guarani-Kaiowa were threatening to commit suicide collectively

or to engage in a bloody conflict if they were evicted this Thursday

(05/23). The Jarara village was reoccupied on March 22. It is the

third time that the indigenous group tries to return to its land and

leave behind the extreme poverty it has been facing for nine years in

the outskirts of the city of Juti. 247 families live in the area.

Representatives of the Guarani-Kaiowa from the Jarara village have

meetings scheduled for next week with Judge Theotonio Costa and

with the 1st Civil Team of the Regional Federal Court, which will

analyze the grounds of the bill of review filed by the above-mentioned

farmer.

GOVERNMENT ISSUES REGULATIONS TO DEMARCATE 17 AREAS

Although they were signed on the 17th, only on Tuesday, May 21,

the minister of Justice, Nelson Jobim, published governmental

regulations providing for the demarcation of 17 indigenous areas in

ten Brazilian states in the Official Newspaper of the Union. The

decrees define the bounds of the areas and charges FUNAI with the task

of physically demarcating them. The areas are part of a list of 152

areas whose bounds or existence were not contested before the deadline

for doing so provided for in Decree 1775/96 (April 8). According to

FUNAI, the demarcation of 107 other areas depends on a political

decision of the minister of Justice. According to the new Decree, the

signing of these governmental regulations is the second stage of the

four-stage administrative procedure for the demarcation of indigenous

lands. The demarcation must still be homologated and registered.

YANOMAMI AREA IS INVADED BY MINERS

With the end of the rainy season, at least three Yanomami villages

were once again invaded by miners. So far, the presence of 3,000

miners and 35 clandestine runways has been registered in the region.

According to FUNAI and nongovernmental organizations which are active

in the area, 4,000 additional miners who are to about to be expelled

from the Venezuelan territory are expected to arrive at any time. The

inspection of the area, where 9,000 Yanomami live, was suspended in

March and now the official indigenist agency says it needs 6 million

dollars to resume the operation. Since the miners returned to this

area, the Yanomami Sanitary District has registered a considerable

increase in the number of malaria cases among the Indians.

Brasilia, 24 May 1996

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