Number 61, January 14, 1993.

HUMAN RIGHTS

- Campaign for death penalty intensifies.

The recent brutal murders of actress Daniella Perez in Rio and of five-year-old Miriam Brandao in Minas Gerais have rekindled the debate about the death penalty in Brazil. The newspaper "O Globo" in a front page editorial on January 11, defended the death penalty and TV Globo, Brazil's most powerful TV channel and one of the eight largest in the world, has been involved in the same campaign during recent days. On January 12, "O Jornal da Tarde" devoted two full pages to the debate giving a somewhat more balanced approach. It says that although the new Catholic Catechism approved by Pope John Paul 11 admits the death penalty, the Church in Brazil maintains its stand against the execution of criminals and quotes Friar Sergio Valverde, spokesperson for the Archdiocese of Sao Paulo as saying "The fact that the Vatican accepts capital punishment in some cases does not mean that we in Brazil accept the same position. God is the author of life and only He can take it away". The newspaper also quotes the chief rabbi of Sao Paulo, Henry Sobel: "Capital punishment means officializing murder. Why kill someone when you want to teach them that killing is wrong?".

Sheik Salah Abdel Halim Ali Osman of the Islamic Center of Sao Paulo is stated as being in favor of the death penalty. He says, according to the newspaper article , that it is a way to intimidate criminals - "Maybe it will not resolve the problem but it will certainly diminish it".

Politicians who have been advocating the death penalty for years such as Amaral Neto and Afansio Jazadji, have intensified their campaign for state revenge against murderers. According to the coordinator of the National Movement for Human Rights, Pedro Wilson Guimaraes, "it is lamentable that the question of the death penalty is being discussed right now, amid a climate of horrendous murders, which everybody abhors, and the dramatic social situation is forgotten with the daily murders of people, involved or not in anti-social activities, on the urban peripheries, especially in Rio and Sao Paulo, by members of the police force and death squads". Pedro Wilson, who is a lawyer and member of the Worker's Party also commented that human rights entities must double their efforts to combat organized crime, violence no matter from where it comes and principally the impunity which serves to generate revolt in the population.

- Prisoners in Detention Center in Sao Paulo suffer reprisals.

Prisoners in the Detention Center (known also as Carandiru) who led protests against the massacre of 111 of their colleagues on October 02 last (the worse prison slaughter in Brazilian history), are suffering reprisals from prison officers. The accusation was made by members of the prisoners' families to members of the Pastoral Care of Prisoners Group of the Archdiocese of Sao Paulo and other human rights organizations.

Meanwhile, the investigations into the massacre continue at a very slow rate and the possibility of severe punishment for those responsible seems very unlikely. There were eight reports prepared on the massacre. These include reports by the Association of Brazilian Lawyers (OAB), the Ministry for Justice, Pastoral Care of Prisoners Group of the Archdiocese of Sao Paulo, the state deputies of the Workers Party (PT), the Criminological Institute of Sao Paulo, Americas Watch, Parliamentary Commission of the State of Sao Paulo and by Amnesty International. Journalists from Sao Paulo are also preparing a book on the episode. They have already gathered new and startling facts not yet disclosed and which incriminate more the state authorities of Sao Paulo.

- Human rights movement to launch campaign against immunity.

The National Movement for Human Rights has decided that one of their priorities for 1993 will be a campaign against the lack of punishment of those who order and carry out the murder of grassroots leaders. Among the case they plan to highlight are those of union leader and ecologist, Chico Mendes who was murdered in Acre, of rural workers Sebastiao Rosa da Paz and Nativo da Natividade who were murdered in Goias, of murdered union leader Margarida Maria Alves and French Catholic priest, Gabriel Maire who was killed in Vitoria, State of Espirito Santo. The Movement plans to circulate posters on a national level urging public opinion to pressurize authorities to take action to punish those responsible for the crimes.

- Southern NGOs to debate Mercosul, children and constitutional reform.

The themes of the meetings to be promoted by the Southern 2 Region of the National Movement for Human Rights this year are the situation of the child and adolescent in Brazil, the social impact of the Common Market of the Southern Cone (Mercosul) and the revision of the Constitution scheduled for 1993.

RURAL QUESTIONS

- Land Pastoral Commission (Comissao Pastoral da Terra - CPT) claims that rural violence increased during 1992.

The president of the CPT, Bishop Augusto Alves da Rocha of the diocese of Picos, Piaui, claims that data gathered by the entity shows that 38 people were assassinated because of land violence in Brazil during 1992. A very serious denouncement made by Bishop Rocha is that 13 thousand work in slave systems in Brazil. He condemned the slowness of the Collor government in resolving this serious question and he called on President Itamar Franco to deal rigorously and seriously with questions of rural violence which according to Bishop Rocha increased significantly during 1992.

A curious fact is that 31,55% of all rural violence during 1992 happened after the municipal elections of October 3 last. According to Bishop Rocha "if we look at the numbers on a time-line, we could say with conviction that the dispute for power which seeks out votes, brought about the decrease in the use of arms". The North and Northeast of Brazil remain according to the CPT data the most violent regions of the country. The States of Para and Maranhao are the most violent states; in each rural violence claimed the lives of 7 rural workers during 1992.

The data gathered by the CPT during the last five years shows clearly that rural violence is selective. The chief target are trade union leaders. During 1992, five such leaders were killed by gun-men contracted by large ranchers. The CPT data over recent years has consistently shown cases of slavery in the entire country. Numbers for 1992 reached almost 14 thousand. The production of charcoal in Ribas do Rio Pardo and Aguas Claras, State of Mato Grosso do Sul, according to the CPT had eight thousand workers who each month ended up owing more to the employers than they earned. However, despite numerous denouncements only one firm in the entire country, Tanagro in the State of Rio Grande do Sul, was punished last year. This firm was forced by the Ministry of Labor to register eight thousand workers.

- Migratory workers suffer many injustices during sugar-cane harvesting.

The latest edition of the newsletter "Ca e La" contains a letter from Elielson C. da Silva describing the injustices suffered by migratory workers during the sugar-cane harvesting in the region of Americo Brasilieniense, State of Sao Paulo. Other articles and letters in the newsletter show that this experience is widespread in the Sate of Sao Paulo. "Ca e La" is a newsletter of the Pastoral Care of Migrants Organization. We reproduce here a translation of Elielson C. da Silvas' letter.

"At the end of this harvest, according to the reports from the migratory workers which we have accompanied during the last year, we can affirm that this was one of the worst harvests of the last years.

In the sugar-cane distilleries in the interior of the State of Sao Paulo, in general the salaries paid were very low and the prices of necessary goods were very high. The living accommodation of the migrants left much to be desired.

As well, we cannot forget the difficulty which the migrants had in finding employment a the beginning of the harvest. Many were forced to do odd jobs or even after three or four months begging for employment they had to leave as was the case of four bus-loads from the State of Bahia who left Americo Brasiliense for Pintadas (State of Bahia).

Now, as the moment arrives to receive their money, the expectations of the workers were frustrated. Once again, those protected by the laws of Brazil, harmed the workers in a shameful manner. The sum that they received was inadequate. For example, a worker involved in unspecialized work in the Santa Cruz Distillery received CR$ 3.400.00,00 (approximately U.S. $250) for 22 days' work. And this was the average in the majority of the distilleries.

Concerning the perspectives for the next harvest, we can say that they are not the best from the workers' point-of-view. If it was already difficult to get work this year we should remember the 200 workers who were "pruned" at the end of the harvest in two of the distilleries - Santa cruz and Maringa.

Another difficulty encountered by the migratory workers this year was the extension of the harvest period. The harvest period in the Bonfim distillery for example exceeded seven months and this was very stressful for the migrants who need to return to look after the work on their own farms. All of these situations show us that each year, the distilleries of Sao Paulo offer less employment and a lower salary".

WOMEN'S QUESTIONS

- Brazil is record holder in violence against women.

Each day in Brazil approximately 300 cases of violence against women are registered by the police. This is the result of a report made by a parliamentary inquiry at the end of 1992.

From January 1991 to August 1992, 205.219 cases of this kind of violence were registered with the special Female Police Departments all over Brazil. 51.1% of these cases correspond to violence such as abduction, illegal confinement and racial or professional discrimination. Next comes violent assaults with bodily harm which represents 26.2% of all cases and threats representing 16.4%.

The states with the highest rate of bodily harm against women are Santa Catarina (75.5% of all cases registered in the state), Rio Grande do Norte (66.1%) and Acre (60%). The statistics for the murder of women are highest in the State of Alagoas (24.8%). Next comes Pernambuco (13.2%) and Espirito Santo (11.1%). In the latter three states the figures for rape are also the highest - Espirito Santo (19.8%), Pernambuco (19.1%) and Alagoas (13.2%). One alarming statistic is that 50% of all rapes occur within the family. The highest statistics for violence against women committed by men with university education were registered in the State of Rio de Janeiro.

- Mass sterilization in the South of State of Para

Servico Paz e Justica (Serpaz) has denounced the mass sterilization of poor women in the State of Para. The two regions most affected are Jacunda and Rondon do Sul which are situated approximately 50 kms from the state capital, Belem. In a private clinic called Dina Septirnion in the town of Jacunda, 50 women were sterilized during the election campaign last year. The expenses were paid for by local politicians.

- Parliamentary Inquiry sees foreign interests in sterilizations.

The preliminary report of the parliamentary commission of inquiry which carried out an investigation into the question of sterilization of women in Brazil last year, concluded that there is "a clear international interest in the implantation of demographic control in this country". Amongst the entities financed by foreign organizations, principally from the United States, and which are completely dedicated to birth control in Brazil, according to the parliamentary report, are the Civil Society for the Social Welfare of the Family (Benfam) and the Center for Research and Integral Assistance for Women and Children (Cpaimc).

INDIGENOUS PEOPLES

- 1993 will be a decisive year for Brazilian indians.

1993 will be an important and decisive year for Brazilian indians. This year, precisely on October 5, all indian lands should be demarcated. This is demanded by the Federal Constitution. However, the pressures against the rights of these peoples are expected to increase during the year especially in the process which leads up to the revision of the Constitution.

The present Constitution which was approved in 1988 brought advances for the indigenous peoples as a result of much effort on the part of their leadership and of that of groups which supported the indigenous cause. The original right of the indians over their lands were recognized, that means that the indigenous' rights over their lands precede the formation of the Brazilian State. In the 1988 Constitution, i was also established that the indians have the right to the natural riches of the soil in their territories, they have rights to their rivers and lakes and were recognized as a separate ethnic group.

Such advances could easily be seriously reduced by the planned action of conservative sectors in the National Congress. Such sectors include large landowners, mining companies, politicians who envy the riches of the indigenous areas as well as some military who are opposed to the demarcation of indigenous lands. Such military often argue that the indians are in a position to create separate countries.

On the other hand, indigenous leadership is articulating a widening of their rights in the revised Constitution so that the demarcation of their territories will be defended. Of the 510 known indigenous areas, 237 as yet were not demarcated. What is more serious is that 84% of the areas have been invaded by timber merchants, ranchers and gold prospectors. According to indigenous leader Orlando Melgueiro da Silva of the Bare group the indians mobilized themselves last year around issues concerning the new Indian Statute. This law is being discussed at the moment in the National Congress and will determine the relationship between the indians and non-indian society.

Orlando Bare who is coordinator of the Council of Articulation of the Indigenous Peoples and Organizations in Brazil (Conselho de Articulacao dos Povos e Organizacoes Indigenas no Brasil - Capoib) commented " In 1993 we hope to gain advances in the Constitution and for this reason we will seek support from members of parliament and will make alliances with social movements which are linked to our cause and with the Church". As well as alliances, Capoib will work in the conscientization of the indians in respect to their constitutional rights and will also invest in greater unity between the more than 90 indigenous organizations which exist in Brazil.

- 20 Kaiova indians committed suicide during 1992.

According to the Indigenist Missionary Council (Conselho Indigenista Missionario -CIMI) 20 indians of the Guarani Kaiova group committed suicide during 1992. The majority of the 20 were in the 10 to 20 age bracket.

The National Foundation for the Indians (Fundacao Nacional do Indio - Funai) calculates that during the last seven years almost 100 Guarani took their own lives. One of the principal motives for the suicides which continues unsolved is that their traditional areas are being invaded by ranchers.

Hanging was the means used in all the Guarani suicides during 1992. Of the 20 Kaiova who died, 12 were under 20 years of age. 11 were male and 9 were female. Even though more complete research needs to be carried out on this fact, CIMI suspects that the majority of the indians who committed suicide belonged to families who lived in the traditional guarani style.

All of the 20 cases happened in the State of Mato Grosso do Sul. Here, approximately 20 thousand Guarani live, most are of the Kaiova and Nhandeva sub-groups. 10 of the deaths occurred in the indigenous area of Dourados where the situation of the indians is very serious. Here, the Guarani are forced to share their land with the Terena indians, their traditional enemies who were taken to Dourados in the 1930s to "be civilized". A number of fundamentalist religious sects are also active amongst the indians. Besides, many are forced to take low-paid employment in the local distilleries and plantations since there is not sufficient land in the indigenous area to guarantee their survival.

In the distilleries, the indians generally work in exchange for food. According to a local newspaper, approximately 400 Guarani are working at the moment in the Xavante distillery in the municipality of Rio Brilhante. None are receiving the rights guaranteed by Brazilian labor laws.

CIMI believes that the incompatibility of the traditional life-style of the Guarani with the conditions imposed by Brazilian society reached such a point that the recovery of their lands may not be sufficient in itself to end the suicides. But in order that the Guarani recover their life style, the recovery and demarcation of their territories is seen to be fundamental.

VIOLENCE

- Unification of the police forces: a solution for violence.

On a number of occasions over recent months we carried reports in NEWS FROM BRAZIL dealing with police violence. What follows is a summary of an article written by Helio Bicudo in "Vespera", number 240, January 10, 1993. Bicudo is a Workers' Party (PT) federal deputy, and as well as being a renowned jurist he has been known for his persistent struggle for human rights in Brazil over a period of many years.

Today, the Brazilian police, on state and on federal level do not measure up to the expectation of society. The question of security is not only one for the police force but also for the justice and prison services.

The police do not carry out their role in attending to the demands of the population because what really exists are two police forces fighting each other to gain or maintain areas of influence. The first step towards a solution would be to cut the link between the military police and the army. For this, the text of the Constitution would need to be modified because such a link is demanded by the Constitution. Congress will have a golden opportunity to solve this problem during the revision of the Constitution; this revision will take place during 1993.

The police force does not need to be military. A civil police force would be sufficient with a sector in uniform to handle patrolling and a "plain-clothes" sector which would deal with investigation or a judicial force which would investigate crime and its authors. Once the Military Police severs its links with the federal government it would be better structured to serve the real interests of the population.

There are times when we need a larger number of police, not military police, but of police who have an understanding of police work from the point of view of the population and not from a military view point as is the case today. For this reason, much violence is practiced by military police. Such violent acts are never resolved because the police involved are judged in a corporate tribunal, that is, the military tribunal of the state in question. Once the police forces are united and they lose their military characteristics, this tribunal will cease to exist. In such circumstances, the police who commit crimes would be judged in the ordinary court system. The military police date from the period of the military dictatorship. In such a system they were used to support the dictatorship. Now that democracy has been re-established, a military police force controlled by the federal government through the army loses all meaning.

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