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



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NEWS FROM BRAZIL
supplied by Brazil Justice Net
Number 589, May 7, 2008

Visit our home page at:  http://www.braziljusticenet.org

In this week's News from Brazil:

Leaders believe that the Brazilian Supreme Court will up hold the legal recognition of Raposa Serra do Sol


On the morning of April 30, indigenous leaders of Roraima gave a collective interview to the press about the tense situtation in which the people of Raposa Serra do Sol are living.  Because the Brazilian Supreme Court on April 9, in a preliminary verdict, suspended the operation to return the indigenous lands, the leaders met in Brasília with representatives of the three Powers [three branches of the Brazilian federal government] about the question of official recognition of the Raposa Serra do Sol land.

During the interview, Dionito Makuxi, coordinator of the Council of Indigenous of Roraima (Conselho Indígena Roraima – CIR), said “we are not here fighting just for the rights of the peoples of Raposa Serra do Sol, but for all people.  If the rights of the peoples of Raposa are not respected there will be a precedent for not upholding the rights of all of the indigenous peoples of Brazil.”

The possibility of the Supreme Court reversing the decision of legal recognition for the land of Raposa continues to weigh heavily on the minds of the leaders.  In spite of this, they said they were confident in the ability of the government official to discern what is just.  “We believe that the Supreme Court is going to validate this right, already this very court had determined the demarcation and the legal recognition of the indigenous land”, said Makuxi, referring to the decisions in 2005, guaranteeing recognition.

Dionito went on to explain the arguments used by anti-indigenous groups that the legal recognition in the area represented a threat to national sovereignty.  “The rice farmer, Paulo César Quateiro invaded the indigenous land, did not pay a single cent to the state, he has torn down bridges, burned down the homes of the Indians…. and it’s the Indians that are the threat to the sovereignty of the country?  We did not run away.  We are Brazilians, we are in our home and we are going to take care of our home, preserving nature, taking care of the forests and the rivers.  We believe that by doing this we are defending our country.”

José Lourenço Wapichana, of the Association of Indigenous Peoples of the São Marcos Land, the area next to Raposa, also spoke during the interview.  “We have come to support the population of Raposa, since the confusion created by Quarteiro also effects the São Marcos land and a contrary decision by the Supreme Court will also effect us.”  In the next two months, the Supreme Court has to judge the merit of a lawsuit that seeks the nullification of the declaration of the area as indigenous land.  On May 1, the state prosecutor gave his opinion to the Supreme Court, considering to validation of the legal recognition of Raposa Serra do Sol.

Collectively, there are also ten other indigenous leaders from the CIR, Sodiur, Alidecir, Apitsm, Apir, Opir and Cecac, beyond these organizations the Forum in Defense of Indigenous Rights (FDDI) was also present.

Source:  ADITAL – May 2, 2008

The government finishes first survey on the street population

Male, between the ages of 25 and 44, black, literate, with a paying job.  This description  . . . . of people living in the streets of Brazil, is a profile produced by the first National Research on the Homeless Population, finished in 71 cities around the country.

The research found 31,992 people over the age of 18 on the street, approximately 0.061% of the population of the cities participating in the survey.  Those who live in the street were found on sidewalks, in public squares and parks, under highways and bridges, at gas stations, beaches, alleyways, in tunnels and abandoned buildings, at recycling centers, junkyards and scrap heaps or passing the night in institutions (hostels, shelters, churches, transitional and subsidized housing).

According to the research, “70% are in the habit of sleeping on the street and 22% in hostels, but 46.5% prefer to pass the night on the street, mainly for the sake of freedom, and 44% show a preference for an institution, out of fear of violence.  Almost half (48%) of those interviewees that participated in the survey have been sleeping on the streets for more than two years.”

Based on this research, out of every 100 persons on the street, 71 work, but 48% of the interviewees never have had a formal job, with a signed document.  The average weekly income of those interviewed varied from 20 to 80 Brazilian Reais (approximately 12 to almost 50 U.S. dollars).

The principal activity for 28% of them is the collection of recyclable material, followed by activities such as “flanelinha” [informal car-park attendant], working as a porter, in construction or in the cleaning sector.  Only 16% of those living on the street said that they begged money to survive.

In what was said with respect to family relationships, 52% said that they have at least one parent in the city in which they live.  Around 35% have frequent contact with their family, and 39% feel that they have a good relationship with their parents.  Alcoholism and drug use are the main reason (35.5%) why those interviewed are homeless.  This is followed closely by unemployment (30%) and estrangement from families (29%).

The research shows that 88.5% of those living on the street are not reached by government programs.  The government handouts get to, at most, 3% of this population.  Although 95% of them no longer go to school, more than 70% of those interviewed know how to read and write.  The majority of the interviewees, 80%, said that they make at least one meal a day.  In relation to health, 30% said that they have some problem, such as hypertension, mental illness or AIDS, and 19% take medication.

The research highlighted that the percentage of the population of homeless that self-identifies as black, 30%, is much higher than the national average, which is 6.2%; meanwhile, those who consider themselves white, 29.5%, are well below the corresponding number among all Brazilians, 54%.

Source:  ADITAL – May 2, 2008

The reproduction of this material is permitted as long as the source is cited. If you wish to contact us, send a message to bjn@braziljusticenet.org.
NEWS FROM BRAZIL
supplied by Brazil Justice Net
Number 588, April 23, 2008

Visit our home page at:  http://www.braziljusticenet.org

In this week's News from Brazil:

After Seven Years, Maria da Penha is Indemnified
by Tatiana Merlino

The city of Fortaleza, in the state of Ceará; the year is 1983.  Maria da Penha Maia Fernandes, bio-pharmacist with a post-graduate degree, suffers two assassination attempts by her husband, the university professor Marco Antonio Herredia Viveiros.  In the first attempt, he shot her, and Maria da Penha became a paraplegic.  In the second attempt, he tried to electrocute her.  At the time, she was 38 years old and had three daughters between the ages of two and six.

The investigation began in June of the same year, but the case was only presented to the State Public Prosecution Service in September of 1984.  Eight years later, her now ex-husband was condemned to nineteen years in prison, but he used legal resources to postpone the completion of his sentence.  The case went to the Inter-American Commission for Human Rights of the Organization of American States (OAS) in 2001, which accepted, for the first time, a case in which domestic violence is treated as a crime.  The Commission determined that the State of Ceará would pay an indemnification of US$20 thousand for not having punished judicially the husband of Maria da Penha.  After delaying the payment of these reparations, the State finally decided to pay them in corrected values.  After seven years of judicial battles, Maria da Penha Fernandes will receive an indemnification of R$60 thousand (reais) from the government of Ceará. 
 
This Brazilian woman gave her name to the new Maria da Penha Law of Domestic and Family Violence against Women, promulgated in August of 2006, which allows for up to three years in prison in cases of physical or psychological aggression against women.  Marco Antonio Viveiros should have completed 19 years in prison; however, he was imprisoned in October of 2002 and fulfilled only two years of his sentence.  Today he is free.  With the law in effect since 2006, the Special Secretariat for Policies on Women now receives approximately three thousand reports of domestic violence per day.  Data from this Secretariat indicates that a woman is beaten every four minutes in Brazil. 

In an interview with Brasil de Fato, Maria da Penha affirms that “finally the government is taking care of the recommendation of the OAS and redeeming itself along with the international institutions.”  Thanks to the pressure exerted by Maria da Penha along with the international institutions, the country was obligated to sanction a law that protects women against domestic violence, but she continues to ponder, “The legislation is positive in every aspect, but only in the cities and states where it has been implemented, because there are places where the law is not in effect.”

Interview:

Brasil de Fato – How did you react to the news of the indemnification?

Maria da Penha Maia Fernandes – I received it as a positive action on the part of the government--  since it was already one of the recommendations from the OAS-- that the government was finally acting on it.  This is also a positive act for Brazil to redeem itself among international institutuions since Brazil violated international treaties.

Brasil de Fato – This indemnification is the result of a long process of battles.  Could you speak a little bit about the case?

Maria da Penha Maia Fernandes –  The process has gone on for more than 15 years, and the defendant has already been convicted two times.  When the opportunity arose, we made the case with the Center for Justice and International Law (CEJIL) and the Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), and we sent the case to the Inter-American Commission for Human Rights of the Organization of American States.  Upon its arrival there, it was accepted, and it was then verified that Brazil has been negligent on issues relating to domestic violence, that it stimulates impunity because aggressors are only prosecuted  in less than 2% of domestic violence cases.  And, thanks to all this, to the data from the women’s movements, and to my petition, Brazil was internationally condemned and obligated to change its laws to provide protection to women.

Brasil de Fato – What is your evaluation of the Maria da Penha Law, which went into effect in August of 2006?

Maria da Penha Maia Fernandes –  I think the legislation is positive in every aspect, but only in the cities and states where it has been implemented.  There are places where the law is not in effect and the women continue without the necessary structures for the law to function.  In many places, they lack police stations and resources for attending women, and this is a major omission.

Brasil de Fato –  Besides the effective application of the Law, what else needs to be done so that Brazilian women do not become victims of domestic violence here in Brazil?

Maria da Penha Maia Fernandes –  If the law were applied, it would already be a great step forward.  In addition to this, school curriculums need to include education about human rights, which was also put forth in the recommendations of the OAS.  With due application of the law and education in human rights, we will overcome a great number of the instances of domestic violence.

Brasil de Fato –  What does it mean to you to have leant your name to the law?

Maria da Penha Maia Fernandes—I am very happy because I was confident that everyone would come to see the importance of my struggle and the meaning that struggle has brought to the women of Brazil.

Brasil de Fato –  After the law went into effect, did the number of cases of violence against women diminish?

Maria da Penha Maia Fernandes—  There was a greater awareness among women, there was an increase in the number of denunciations reported to police stations, and there was a reduction in the number of female victims of violence being admitted to the public hospitals.  There has also been a rethinking on the part of the aggressor.  Women need to trust in the institutions that exist in their states and in the law.  Women stop making denouncements when they are unable to find any institutional support.

Source:  Brasil de Fato, March 18, 2008

The reproduction of this material is permitted as long as the source is cited. If you wish to contact us, send a message to bjn@braziljusticenet.org.
NEWS FROM BRAZIL
supplied by Brazil Justice Net
Number 587, April 11, 2008

Visit our home page at:  http://www.braziljusticenet.org

In this week's News from Brazil:

Organizations protest against police action
Adital, March 28, 2008

On Monday, March 31, the Network of Communities and Movements against Violence and the No More Torture Group organized a protest in front of the Court of Justice in Rio de Janeiro, to seek a verdict in the hearing on the threat made by Edivaldo Camelo, the colonel of the Military Police, to Patrícia de Oliviera, an activist.  The protest will be at 1:30 p.m. to coincide with the hearing.  The protest comes from an action that occurred on October 17, 2007, when residents of the shantytown, Providência, were protesting against the violence and abuse that they suffer at the hands of the police, mostly from the Police Group in Special Areas.  The protesters were leaving Providência and going in the direction of the station “Central do Brasil.”   When they arrived, a wall of police blocked their way, saying that there is a law that prohibits protests in this space.

At that time, Patrícia de Oliveira asked the police to present a copy of the law.  The colonel of the Military Police then spoke threateningly to Patrícia.  She went up, accompanied with witness, to the fourth Police Delegation (Praça da República) and registered a complaint of the threat from the police.

“The attitude of this colonel, given the position he holds, is extremely serious and is a clear example of the intimidation by violence against the popular movements and the activists, as well as against the poor in general,” said the Network.

The complaint that Patrícia registered against the colonel, who is the commander of the Fifth Battalion of the Military Police (Praça da Harmonia), started an investigatory proceeding and a lawsuit concerning the threat in the Second Special Criminal Court of the Rio de Janeiro.

The Network interprets the threat suffered by Patrícia as a fact indicating “that, actually, the dictatorship continues, under different forms and  processes.  The shantytown of Providência, whose residents were protesting on that day of October 17, met with the permanent occupation by soldiers of the Army.”

The occupation [by the soldiers] has as pretext the protection of a work that is being undertaken in the community.  But the Network complained that numerous cases of abuse, due to this occupation by the army . . . .

Armed Militias assassinate a landless person in the Paraná
Comissão Pastoral da Terra, March 31, 2008

The National Coordination of the Pastoral Commission on the Land (CPT) is making public its indignation caused by the most heinous assassination which occurred on the night of March 30 . . . in the city of Ortigueira, Paraná.

Around 7:30 p.m., two hooded men broke into the home of Eli Dallemole, 42 years old, leader of the Movement of Rural Landless Workers (MST).  He was murdered him in front of his family; his wife and three children.

He was leading the encampment Terra Livre, on the Compramil farm, in Ortiguera (near the toll station of the Brazilian highway 376), occupied since 2003.  He and the others were there for more than two years, repeatedly receiving death threats.  On March 8 of last year, approximately 15 gunmen terrorized 35 families occupying the area and burned all of their belongings.  Children were threaten and roughed up, women and men were beaten and stripped to their underwear.  The families that were expelled have been taken in by neighboring settlements.

After the attack [on March 8, 2007], seven gunmen were arrested at the scene by the police and taken to the Ortigueira police station. After that, the death threats against Eli only increased.

The landless families had already reported activity of armed militias in the region, and there have been further reports to the Special Secretariat of Human Rights of the Federal Government and to the police.

The National Coordination of the CPT demands the immediate investigation of this crime and that an example be made of those responsible.  It is unacceptable that in the twenty-first century such barbarous methods are still used against the rural poor and that the land-owners recruit and maintain private militias to protect their properties [in a manner that is unconstitutional].

The leadership of the CPT is ensuring that it shows its solidarity with the family of Eli and to the MST.  In spite of all of that has happened we are certain that the blood of Eli was not spilled in vain.  It is going to be a seed of a new land, since the words of God directed at Cain echoes in our ears: “I hear the blood of your brother, crying out of the land to me.” (Gn 4:10).

Organizations denounce lies about the Water Diversion Project of the São Francisco River
Adital, April 1, 2008

Popular organizations are taking April Fool’s Day to confront the lies propagated by the government about the water diversion project of the São Francisco River.  The activities seek to undermine the speeches of the representatives of the government about the benefits that millionaire-dollar work is going to bring to Brazilians.

In São Paulo (SP), more than a thousand people are planned to participate in the public act at the Casa de Portugal, with the presence of Bishop Luiz Flávio Cappio, who fasted for 24 days against the diversion project and for initiatives of sustainability in the Semi-Arid Region. 

Beyond the capital of the state of São Paulo, there will be protests in João Pessoa, Paraíba and in Própria, Sergipe, which will be joined by protests in Alagoas, Sergipe, Pernambuco and Bahia  the region down river of the São Francisco.

In Minas Gerais acts are planned for in Belo Horizonte, in Praça Sete, where protestors will come with a doll of President Lula and will handout pamphlets.  In the mining cities of Pirapora and Viçosa, besides students, the public acts will involve hundreds of people called from popular organizations and traditional communities.

In Bahia, the organizers will begin in the city of Guanambi, with more than a hundred people passing through streets with banners and distributing propaganda that quotes phrases from Lula, Geddel Vieira (Integração National) and Ciro Gomes (deputado).  Hundreds of people are waiting in the city of Casa Nova, where agrarian conflicts caused by expansion of agro-businesses are threatening the life of more than 300 families.

Conflicts return to threaten indigenous of Raposa Serra do Sol
Adital, April 1, 2008

The situation in the community of Surumu, in the Indigenous Land Raposa Serra do Sol (Roraima) is extremely tense.  The bridges that link the town to the capital, Boa Vista, are closed by employees of the rice farmer Paulo César Quartieiro.  All of this started because of the decision of federal agencies, after three years, to fulfill the order of the Court and take away the land Raposa Serra do Sol from the non-indigenous.

Yesterday afternoon, Paulo César Quartieiro was arrested, after a conflict with the Federal Police, but that night he was free after making bail.  The employees of the rice farmer organized pickets and closed the federal highway, in the areas close to the bridge over the river Cauamé in order to do recognizance on the retaking of the non-indigenous lands.

Besides this, these employees went up to the community in Surumu and burned the encampment on which some of the indigenous (of Raposa Serra do Sol) were living.  Today, the indigenous people were meeting with the police, since they are frightened by the acts that could still be ordered by the rice farmer.

The taking back of the Raposa Serra do Sol from non-indigenous was instigated by the indigenous after a meeting with Ibama, the National Agency of Waters (ANA  Agência Nacional de Águas), Funai, the Federal Police, the General Advocate of the Union and Incra.

But the height of the violence against the indigenous communities began still before this news; with the judgment of the Superior Electoral Tribunal, ensuring the return of Quartiero to the post of mayor of the city of Pacaraima.

In an interview with the Indigenous Missionary Council (CIMI  Conselho Indigenista Missionário), the coordination of the Indigenous Council of Roraima said that Quarteiro used his term as the mayor to interfere in the social organization of indigenous communities.  He was stripped of his rights by the Regional Electoral Tribunal of Roraima in 2006.

HISTORY

For about 30 years, the indigenous of the region struggled for recognition of the Raposa Serra do Sol as non-partitioned land.  This they won during the first term of President Lula when he signed the decree of legal recognition of indigenous land in April 15, 2005.  Since the signing of the decree by the president, three years ago, the Indians are still struggling to see this put into effect, but always they encounter an obstacle.  The non-indigenous that invaded the area in the 90’s want the demarcation of area to reduce the Indigenous Lands to little islands.

In the [disputed] area, there are several hectares of rice plantations.  Many of the rice farmers are not willing to accept the compensation offered by the government.  That they are remaining in this area is one of the principal points of this conflict.


The reproduction of this material is permitted as long as the source is cited. If you wish to contact us, send a message to bjn@braziljusticenet.org.
NEWS FROM BRAZIL
supplied by Brazil Justice Net
Number 586, March 27, 2008

Visit our home page at:  http://www.braziljusticenet.org

In this week's News from Brazil:

Ex-US President Clinton and Ex-World Bank President Wolfensohn partner with company accused of human rights violations 
By Beatriz Camargo

In an on-going operation that began on February 26, the mobile inspection group of the federal government found 133 workers housed in degrading conditions in the enterprises of Brenco in the cities of Campo Alegre de Goiás and Mineiros in the state of Goiás. 

Headed by the former president of Petrobras, Henri Phillipe Reischtul, Brenco (Brazil Renewable Energy Company) has, among its partners, former U.S. president Bill Clinton, former World Bank president James Wolfensohn, Steve Case (formerly of America On-Line-Time Warner), and Vinod Khosla, an Indian multi-millionaire based in the U.S. who created Sun Microsystems.

Brenco is cultivating its first crop.  Created in 2007, it possesses five functioning plants with a production capacity of 3.8 billion liters of ethanol per year.  It is building five others—all in the border region between the states of Goiás, Mato Grosso, and Mato Grosso do Sul.  The company announced on its website that it would be one of the greatest in the world in its field by 2015.

In Mineiros, the inspection team found 116 workers housed in two dorms and three houses.  All of these places were overcrowded and in horrible conditions, according to the labor inspector Jacqueline Carrijo, coordinator of the investigation.  The people were working in two Brenco plants in the municipality.  None of the housing had adequate sanitation.  In one of the houses, 15 people slept in one room.  In another, rain had soaked all of the mattresses.

All of the contracts of those housed in Mineiros will be rescinded.  “The ‘gato’ (labor contractor for the company) had promised housing in the city of Mineiros.  But, in light of the inadequate food and housing conditions, they have lost confidence in the company,” explained Jacqueline.

In Campo Alegre de Goiás, there were 17 people contracted by the company since January who were housed in irregular conditions, waiting authorization to be transported to Alto Taquari, in the state of Mato Grosso.  According to the inspection team, the workers were still obligated to pay rent to the ‘gato’.  “The housing was filthy and had rats and cockroaches.  The shower was broken and carried risk of electric shock and the rooms didn’t have any closets.  Everything was on the ground: garbage, clothes, belongings,” described the coordinator of the investigation.  She added that one of the rooms, which was only 11 square meters, was shared by 7 workers.

The 17 workers have already received their severance pay and returned home.  In a note about the case, Brenco attributed the issue to the failure in “the logistical effort of transporting and accommodating the workers” and laments the occurrence.

At this moment, the mobile team has already passed through the plants in Alto Taquari (Mato Grosso), Perolândia (Goiás), and in the two plants in Mineiros (Goiás), and has visited housing both in the rural areas and in the cities.  They still intend to inspect the work and housing conditions in the plant in Costa Rica (Mato Grosso do Sul). 

The 17 workers from Campo Alegre de Goiás came from the Northeast and were recruited in Resfriado (Goiás).  Known as João Paracatu, the Brenco officer offered work, carteira assinada (work document that guarantees a certain wage and benefits), health insurance, and housing in the city.  The workers were contracted for sugar cane work and brought to Campo Alegre de Goiás.  “Even though he was an employee of the company, the contractor maintained the old practice of recruiting based on empty promises,” laments Jacqueline Carrijo.

Some of the workers had trouble getting their wages due to a lack of proper documents and suffered from hunger.  They suffered threats from the contractor for not paying the rent.  According to the workers, complaints had been directed to the company, but the company did not take measures to address them.

Isolation
In addition to the problems with the urban housing, there were irregularities with rural housing in the Netinho 1 and Netinho 2 housing units in Alto Taquari, which housed close to 1,500 people.  According to the inspectors, the place was isolated and the construction was not yet completed: it lacked a medical clinic, refectory, clothes washing area, and other housing needs.  “There was no regular transportation or any possibility of communication. The workers were desperate to talk to their families,” explained the coordinator of the investigation.  “The housing proposal on paper is excellent.  I’ve never seen such great housing…but it’s incomplete.”

On March 6, upon returning to the site two weeks later, the team decided to shut down Netinho 1 due to its inability to adequately house workers: the rain had damaged the entire hydraulic and sanitary system, which had been recently built.  Part of the Netinho 2 housing unit was already shut down due to damaged sanitary systems.

The labor prosecutor Antonio Carlos Cavalcante, who was also part of the inspection team, emphasized that, in addition to the isolation and lack of communication, another problem Brenco didn’t address was the lack of medical care.  “We made some initial requirements, principally in the area of health.  It is necessary to have at least one ambulance and one doctor.  The company said that it had already purchased an ambulance, but it wasn’t there.”

For the team, relatively simple measures would have sufficed to correct the problems they found.  No contracts were rescinded.  However, many workers are dissatisfied and want to leave the plantation.  In these cases, indirect contract cancellations will be made.

In an official statement to the press about the investigation, Brenco said that there were no housing shut-downs.  In addition, it guarantees that the problems have already been resolved and that the installations are in perfect condition.

Plantation
The mobile group also visited the work sites of the company, where those contracted by Brenco plant sugar cane until May.  In the Laranjeiras and Quixadá 1 plantations, properties leased in order to supply the plants in Mineiros, the transport of sugar cane seedlings was shut down.  According to the labor medic and member of the mobile team Maria Cristina Toniato, the vehicles lacked special seatbelts that should be used by workers who throw the seedlings from the top of the cane trucks.  The company informed the team that they had already purchased the equipment and that the problem should be resolved in the following week.

In its memo, however, Brenco says that it finds the interdiction “odd” and argues that it possesses a “clear understanding” of the necessity of using safety equipment known as EPIs (Equipment for Individual Protection).  “Our inspectors are clearly oriented and do not permit the workers to work without the use of EPIs.  There is no authorization for any kind of work in unsafe conditions.  The company is looking into whether there have been any irregularities, for internal measures,” it added.  According to Brenco, activities are being conducted as normal.

The labor prosecutor Antonio Carlos does not intend to sign the Term of Conduct Adjustment (TAC) with Brenco.  He intends to file a public civil action suit directly with the Justice of Labor.  “The company does not have a position of negotiation.  Why would I do a TAC when it will only be disregarded?” he inquires.  He still does not know how much he is going to ask in indemnities for collective pain and suffering, but he calculates, initially, that the value will be at least R$5 million.

Source:  Repórter Brasil, March 7, 2008 

The reproduction of this material is permitted as long as the source is cited. If you wish to contact us, send a message to bjn@braziljusticenet.org.