Number 90. August 5, 1993

HUMAN RIGHTS

- Seventh-day Mass to remember slaughtered children of Rio

On Thursday, July 29th, the Cardinal Archbishop of Rio de Janeiro, d. Eugenio Sales, celebrated a requiem mass in the Church of Candelaria, for the eight children murdered July 23

outside the Church, by military policemen. A public protest was also to be held in the city center after the celebration.

The massacre continues to cause casualties in the command of the Military Police in Rio. Colonel Manoel Henrique Amorim, commander of the 5th Battalion and superior of the accused soldiers, was substituted. The security guards for the principal eye-witness, who is in hospital, were also changed. After criticisms from judges about the way the investigations into the crime were being handled, the inquiry was transferred to another department.

In Brasilia, the vice-president of the National Council for the Defense of the Rights of the Child and Adolescent (Conanda), Benedito Rodrigues dos Santos, handed in a document to the Minister for Justice, Mauricio Correa, asking that the federal government do everything in their power to speed up a bill that's going through Congress, that would transfer the trial of military policemen accused of common crimes, from the Military to the Civil Courts.

"It's not acceptable", says the document, "that under the pretext of 'public safety', the police continue to murder children and escape punishment. The Military Courts that judge these type of crimes do not give us the certainty that justice will be done".

In Sao Paulo, the Pastoral for Street Children of the Archdiocese of Sao Paulo informed the Department for Public Security that they received an anonymous telephone call, denouncing that a similar massacre was planned to kill street children in the city's Cathedral area, where many street children sleep.

The president of the Federal Council of the Lawyers Association of Brazil, Jose Roberto Batochio, commenting on the massacre, stated that "a common trait of all human right violations that occur in Brazil is the participation of the Military Police". Batochio also said that it is clear that there is something very wrong with the country's security policy and called for a complete revision.

President Itamar Franco, who had criticized Brazil's ambassadors for not defending Brazil's image abroad, especially when attacked by important newspapers and world opinion, sent an official note to all embassies, affirming his "confidence" in their work and capabilities and urging them "to make a greater effort to better Brazil's reputation and stress the democratic nature of its institutions".

- NGOs want Government to name organizations they say are usurping funds destined for children

"The government is criticizing the non-governmental organizations to get away from the principal problem: the impunity in relation to the crimes against minors and the States collapse in the area of social assistance". The statement was made yesterday by the president of the Brazilian Association of NGOs (Abong), Jorge Eduardo Saavedra Durao, who wants the government to name the NGOs that it claimed was diverting funds.

A report, published on July 28th in the "Jornal do Brasil" newspaper, said that the government was going to suspend concessions to 12,600 charity organizations, while on TV, Rede Globo gave the impression that most of the organizations working with underprivileged children were money-making ventures.

"It's incredible that the government declares publicly that it gave funds to charitable entities, but doesn't know were the money went or if it was diverted. It was the government itself who gave legal credentials to these groups and so, if there is money missing they too are responsible and should be prepared to name the organizations involved", said Abong Treasurer, Miguel Darcy de Oliveira.

- Government to investigate if radios supported massacre

During the meeting between the government and the NGOs, the Minister for Justice, Mauricio Correa, said that he was going to ask for recordings of radio programs that are supposedly encouraging the action of extermination groups in the country, especially in Rio de Janeiro.

After last week's massacre in Rio, several radio shows cashed in on the sensationalism. Some of these programs pull no punches when it comes to getting people to vent their hatred of the street children.

Often referred to as "animals", their extermination by groups of organized murderers and death squads, is frequently hailed as a "clean up" operation.

One such program had a phone-in where the overwhelming majority of the callers approved of the massacre. The Justice Minister pointed out that programs that stimulate violence or manifest support for extermination groups, are in breach of the communications code and could be fined, suspended or even lose their licenses.

- Death threat in Sao Paulo

The president of the Tutelar Council for the Child and Adolescent for the city of Sao Paulo, Stella Graziani, received several death threats by telephone. Stella, who also lectures at the Catholic University in Sao Paulo (PUC), is helping to organize a public act of protest against the massacre of eight children by an extermination group in the center of Rio de Janeiro, last week.

The protest is marked for August 8th.

- America's Watch urge President Itamar to ensure quick investigation into Candelaria massacre

Americas Watch sent a letter to President Itamar Franco urging him to ensure that there's no delay in investigating Candelaria massacre. In their letter the North American human rights organization explain that they are in the process of preparing a report on the extermination of children in Brazil, having visited four Brazilian states - Rio, Sao Paulo, Espirito Santo and Pernambuco - only less than a month ago.

"Our survey" says the message, "shows that those responsible for these crimes are rarely punished. Just like many other surveys, our investigation also shows that for many reasons, one of the most important being the lack of political will, the state authorities who are supposed to investigate and curb these acts of violence, almost always fail to do so".

Americas Watch calls on the federal government to assume their responsibilities in what they see as a violation of international law and human rights, in the case of the massacre of eight street children. They point out that in requesting federal intervention, they are not suggesting that the state government is not carrying out an adequate investigation. "We realize that 3 military policemen have already been accused and arrested and we hope that the attorney, Dr. Mauricio Assayag and the judge, Dr. Maria Lucia Capiberibe carry out a serious investigation and bring those responsible to justice". "However", continues the message, "the gravity of the case, the repercussions, both within and outside the country and the moral, social and juridical duties, demand that the federal government take decisive action".

Americas Watch argues that this federal intervention should only be a first step, given the fact that the assassination of the eight minors in Candelaria, unfortunately, was only the most recent and shocking episode in the long history of violence against children and adolescents, a history almost always marked by impunity. They suggest that all child homicides involving organized groups, be they uniformed policemen or extermination groups, be subject to federal investigation and insist that the "extermination of Brazilian children, who according to the Constitution are a national priority, calls for a serious, uniform and combined response from the government".

The letter also expresses the opinion that although the recent failure of the Federal Police to capture PC Farias could lead some to believe the Federal Police would be less effective in investigating these crimes than the state forces, the Federal Public Ministry "has shown itself to have the political will and capable of dealing with complex and politically delicate cases". Unfortunately, though, says the letter they often have to work under many legal restrictions and with a very inadequate budget.

Finally the message from Americas Watch states that the political "willingness" needed to carry out these investigations to the full, must "come from the highest position of government" and that "instead of being 'horrorized', the president should take concrete action, even if it means making drastic changes in the Federal Police, federal legislation or government policies". "The deaths of the eight children in Candelaria and of the hundreds of other nameless children, demand this", concludes the appeal.

- Military Courts in Sao Paulo absolve 90% of all homicides involving Militrary Policemen

The Military Courts in Sao Paulo absolve, on average, 90% of the military policemen accused of homicides, while on the other hand, they find 90% of policemen involved in acts of indiscipline in the barracks or on the streets guilty.

This is the tragic conclusion of a research survey made by the Santo Dias Center for Human Rights of the Archdiocese of Sao Paulo. For eight months the Center studied the Military Court of Sao Paulo's own archives. These statistics serve as just one more argument to justify the transference of the trials of criminal military policemen to civilian courts.

- Right-wing politician attacks political scientist

Under the pretext of "defending the image of the National congress", Federal Deputy Amaral Netto, one of the main figures leading the campaign in Brazil to legalize the death penalty, gave a speech in Congress on July 30th, criticizing Paulo Sergio Pinheiro, a political scientist with the University of Sao Paulo's Center of Studies of Violence (NEV/SP). Pinheiro gave an interview last week, in which he stated that "today, organized crime has elected representatives at all levels of the legislature, state and federal. Deputies are Belected, thanks to money got from gambling, prostitution and narcotics".

Amaral Netto described Pinheiro (one of the most ardent defenders of human rights in Brazil), as a "scoundrel" and "scum of science".

At the same session, Pinheiro was defended by Federal Deputy Aldo Rebelo (Communist Party of Brazil/SP), who stated that Pinheiro was a serious professional, who dedicated most of his life to studying violence. Aldo compared Sergio's interview to another given by Federal Deputy Jair Bolsonaro, a right-wing military man, to the Civil Police Union's newspaper in Brasilia.

In the interview, Bolsonaro criticizes the Military Police in Sao Paulo for killing ONLY 111 prisoners during the Carandiru Prison massacre, last year. According to Bolsonaro, who also defends a military take over to solve Brazil's problems, the Military Police in Sao Paulo "could have completed their work by killing all the prisoners there".

Aldo Rebelo said in his address that his party is also concerned that the country's democratic institutions should run well, defends the National Congress, wants it to stay open and not be demoralized. "On the contrary, we support the criticism against certain sectors of the press who criticize this House without any justification. But we also wish to defend the reputation of a man who all of us know, works seriously to defend human rights and the fight against violence in this country, which is also the obligation of the National Congress".

- NGOs and Government meet to discuss human rights

The question of impunity in Brazil and how to deal with it, the problem of the political prisoners who disappeared during the military dictatorship,and the drama of the extermination of children, were just some of the items discussed at the meeting between the federal government and the non-governmental organizations working for human rights, which took place on July 29 and 30, in Brasilia. The meeting which was arranged during the World Conference on Human Rights, held in Viena, in June, sought to find a common agenda on human rights issues, based on a dialogue of co-responsibility. The Ministers for Justice and External Affairs and the Attorney general's office represented the government.

The Minister for Justice, Mauricio Correa, opened the meeting by saying that the question of human rights was not only a priority for President Itamar Franco's government, but also the minister's personal commitment - a conscious decision to fight for human rights, that he isn't prepared to run away from.

During the last few weeks, the minister has been under a lot of pressure from the more conservative sectors, both within and outside the government. The pretext for this "campaign" was Correa's failure to capture PC Farias, implicated in the scandals of ex-president Collor's government, and some disagreements with the Federal Police force. Sectors of the Federal Police took advantage of the situation to disclose a dossier on the minister accusing him of taking money from pro-Palestine groups during his campaign for senator and of not paying his income tax. However, the minister's immediate response to the recent massacre of street children in Rio and the meeting with the NGOs, has helped strengthen his position in the government.

The central theme of the first part of the meeting dealt with the question of the bill, proposed by Federal Deputies Helio Bicudo and Cunha Bueno, to transfer responsibility for judging common crimes involving military policemen from the military to the civil courts.

The NGOs at the meeting approved a document to be sent to the Senate, urging the senators to approve the original project which was sent to the Congress and which would give civil courts jurisdiction for all crimes committed by the military police against civilians and not just fraudulent crimes.

The next item discussed was the case of the political prisoners that disappeared during the military dictatorship. There was consensus about the urgency in getting President Itamar Franco to understand the groups' concern about this question, stressing the fact that in order to recuperate the country's commitment to ethics and democracy and do justice to those who suffered, the subject must be tackled with honesty and transparency.

A solution to the problem was seen to be "directly linked to a definitive rupture with outdated authoritarianism in Brazil, and thus breaking, once and for all, one of the strongest links in the chain of impunity and violence, that haunts Brazil's more recent history".

The participating groups called for a definitive parliamentary bill to be drawn up by common accord between the representatives of the relatives of the missing, ex-political prisoners, the congress and the government and stated that this should be done immediately by:

1. Creating a special commission, formed by representatives of civil society and the three branches of government(Executive, Legislative and Juridical), under the coordination of the Minister for Justice, with ample powers and adequate resources to diagnose the truth about the problem;

2. That immediate access be given to relevant government reports and archives, so that information on the dead and missing be made available;

3. That the State recognize its responsibility for the deaths and disappearances during the military dictatorship.

The NGOs also suggested that August 29th of 1993 (the 14th anniversary of the amnesty in Brazil), be given as the deadline for this project to be ready to go to parliament, where it can be read and passed with urgency through an agreement among party leaders.

Two measures were also suggested by the groups to deal with the question of ending the last vestiges of authoritarianism in Brazil: revoking the appointment of Afonso Antonio Marcondes as second in command for the Secretariat for Strategic Affairs, considering his links with the political repression, as evidenced in the project "Brasil Nunca Mais" (No More Torture); and revoking the act which conferred honors on Dalmo Lucio Muniz Cirillo, for the same reasons.

Another question dealt with at the meeting was that of the investigation into the remains found more than three years ago in an common, unmarked grave, in the cemetery of Perus in Sao Paulo. The groups called on the support of the federal government to have the investigations concluded by urging the State and Municipal governments in Sao Paulo to do their part.

The NGOs also talked to the government about their concern about the activities of "delinquent groups that chronically violate human rights in Brazil" and that, in their opinion, can be considered as "parallel powers that constitute one of the most serious symptoms of disrespect for the Brazilian Constitution and its laws". Groups like the death squads, those who take the law into their own hands and other extermination groups, that very often consist of public agents, principally policemen.

"The hideous action of these parallel powers" said the NGOs, "is often supported openly by certain sectors of the media who constantly make an apology for their crimes". In this context, the participants at the meeting in Brasilia proposed that the Minister for Justice solicit recordings of the police programs that went out on the air, especially in Rio and Sao Paulo, during the three days following the massacre of the children in Candelaria, so that he can verify for himself what the entities consider a breach of the Communications Code.

Another meeting between the NGOs and the federal government to monitor progress on all these issues was set for late September.

INDIGENOUS PEOPLES

- Cambeba indian elected general coordinator of COIAB

Andre Cruz, a Cambeba indian, was elected last week as general coordinator of the Indigenous Organizations of the Brazilian Amazon (COIAB), substituting Orlando Bare. The election took place during an extraordinary assembly of COIAB, held in Manaus, from July 20 to the 25th, at which 70 indigenous leaders, representing 48 organizations and 140 tribes were present.

On the 23rd, participants staged a protest in the center of Manaus to demand support from the population for the demarcation of indigenous land and guarantees for their territories. The leaders are very concerned about the upcoming constitutional revision, which threatens to undo some of the headway made regarding the rights of the indigenous peoples of Brazil. The deadline (October 93) set for the demarcation of their lands is quickly running out and very little has been done.

In an official note, from the assembly, COIAB informed that its ex-coordinator, Orlando Bare, was removed from his position "for acts incompatible with the organization", adding that "for this reason he is no longer authorized to sign any document on behalf of COIAB or represent the organization anywhere".

Another indigenous leader, Orlandino Melgueiro da Silva, was also substituted and disauthorized from representing COIAB as their representative at the Amazonian Work Group (GTA) meetings and as one of the coordinators of the Indigenous Organizations of the Amazon Basin, based in Equador.

The new coordination team of COIAB includes Amarildo Machado (Tikano), Jose Severino (Manchineri), Joao Satere (Satere Mawe) and Pedro Mendes Gabriel (Tikano).

AIDS IN BRAZIL

- AIDS testing and counseling center to be closed by Sao Paulo city government.

A municipal center for AIDS counseling and orientation (COA) is being closed by the government of Sao Paulo mayor Paulo Maluf. The government plans to use the space which the center occupies-an underground gallery in one of the busiest sections of downtown Sao Paulo-for a shopping mall.

COA is a walk-in center which has provided free testing for HIV and educational materials and programs about AIDS. The government plans to re-locate the center, possibly to the eastern periphery of the city, where it would be less accessible to citizens.

The Forum of non-governmental organizations which provide services for people with AIDS is planning to petition Mayor Maluf to keep COA in downtown Sao Paulo.

CHILDREN

- Child prostitution in Acre and Rondonia investigated.

A special commission of the Acre state legislature is investigating the trafficking of child prostitutes in the western Amazonian region of Brazil. It has learned that more than 30% of all mothers in the state capital of Rio Branco are less than 16 years old. There are also more than 3000 child prostitutes in the city. They are the victims of organized prostitution rings who bring the young girls to the mines in neighboring Rondonia where they are auctioned for as much as US$4000 each, and where they are killed if they contract venereal disease.

The commission, led by state legislator Nilso Mourao, visited the Araras mine in Rondonia, where they found 150 child prostitutes. The girls were from Rio Branco, a city whose population increased fivefold from 1970 to 1990, due to the migration of rubber tappers and farmworkers. With no access to schools or social services, thousands of children roam the streets-begging, stealing, or selling their bodies.

The girls told the commission they were enticed to go to Rondonia, where, they were promised, they would be paid in gold. With hopes for a better life, many of the girls went without telling their parents. Others told parents they would be going to live in the state capital of Porto Velho, where they would work as housekeepers for wealthy families. However, when they arrived in Rondonia, they were taken to the Araras mine.

The girls said that those who contract venereal diseases are killed, and their bodies are thrown into nearby rivers. With no identification card, and in many cases, with no one knowing their real names, these girls remain "disappeared".

Acre human rights organizations have called on the commission to recommend the following actions: identify and punish the child traffickers; aid adolescents in situations of risk; denounce sexual abuse of children, through public campaigns; take preventative measures against violence; create jobs programs for adolescents; patrol traffic going in and out of Rio Branco.

The state commission continues its investigation.

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