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28th august 2007
Brazilian government signs demarcation decrees of the Tupinikim/Guarani lands
Dear friends,
Yesterday, 28/08/2007, a historical decision was published in the Federal State Gazette by means of two ministeral decrees, no. 1463 and 1464, signed by the Minister of Justice Tarso Genro, declaring 18,070 hectares of lands in the municipality of Aracruz, state of Espirito Santo, Brazil, as indigenous lands, belonging to the Tupinikim and Guarani peoples (see attachments) . Before this decision, only 7,061 ha had been demarcated and another 11,009 ha had not, and continued being invaded by the eucalyptus and celulose producing company Aracruz Celulose. By means of this decision, the brazilian government fulfilled the brazilian constitution that says that it is the responsiblity of the government to demarcate lands, traditionally occupied by indigenous peoples and necessary for their physical and cultural survival.
zum Inhalt
25th july 2007
LINHARINHO´S QUILOMBO/ESPÍRITO SANTO - BRAZIL HAS BEING REBUILDING AGAIN AFTER 30 YEARS STOLED BY ARACRUZ CELULOSE
Hundreds quilombola´s families from Sapê do Norte in Conceição da Barra
e São Mateus, other social movements and friends of diferent
organizations and networks are together now in Linharinho´s land
building a big camp of resistance.
After more than 300 years of slavery in Brazil, the afrodecendents
families who resisted also a hard opression of Aracruz Celulose since
the end of 1960, are now breaking this opressions sistems and finding
again the possibility of their own development with agriculture and
atlantic forest.
In the end of 1960 were 12 thousands families living in quilombola ´s
comunities, almost 60 thousand people. With Aracruz Celulose arrived
only 1.200 families stayed without forest, rivers, huts and land and
still have being criminalizated by the company because they are taking
the rest of the wood to make charcoal that was the last ecomical
alternative in the regional.
The governement recognized their rigths and 9.542,57 hectares of
Linharinho´s comunity territory in the Portaria that was published in
last May 14th and signed by the INCRA ´s president, Rolf Hackbart that
is the departament responsable of quilombola´s land regularization. In
this area Aracruz Celulose had ocupied 82% with eucaliptus monoculture
and the 48 families who resisted there were reduced in only 147
hectares of land.
Other Portarias of São Domingos, São jorge, Serraria e São
Cristóvão should also be published what has being atraction violent and
prejudice reactions of the Aracruz Celulose and big properties that use
all the midia against quilombolas.
So in this historical moment Linharinho´s Quilombo is pointig a new
time of rescuing land and life for quilombolas in Sapê do Norte/
Espírito Santo. Planting Atlantic forest, fruit trees, food seeds,
rebuilding houses and bringing capoeiras and traditionals culture back,
quilombolas are reinaugurating comunities.
zum Inhalt
23rd may 2007
Lula Government must fulfill its promise with the Tupinikim and Guarani indigenous people for the demarcation of their traditional land
The Federal Court of Linhares (Espirito Santo state) summoned for the
23rd of May (today) our communities, through its representatives, and
the Aracruz Celulose company, for a second meeting of reconciliation
about the land conflict.
We decided that, by being informed about the proposal for an
agreement of the company by means of the company´s website, that it
would be best to stop this 'reconciliation' attempt at the court, and
wait for the conclusion of the demarcation procedure at the Ministry of
Justice. Because of this position, the indigenous leaders decided not
to accept in participating in the meeting and the Federal Judge Isabel
Cristina Longuinho declared as closed the negotiations at the federal
court.
This happened because the proposal presented by Aracruz Celulose
meant that we should give up our constitutional and unavailable
right to our land and this would have had very grave consequences for
the future of the indigenous peoples in Brazil.
Another important factor for this understanding was the commitment
assumed by the direction of the FUNAI in Brasília in sending the
Tupinikim/Guarani land demarcation files back to the Ministry of
Justice for a decision of the Minister, discarding the previous
proposal of the ex-Minister of Justice Márcio Thomaz Bastos who
requested a discussion about an agreement between the two parties.
Once again, the indigenous communities expect that the present
Minister of Justice Tarso Genro accepts the tecnical orientations of
the FUNAI and signs as soon as possible the demarcation decrees that
will extend the present demarcated area with 11,009 hectares of our
traditional area.
With this decision the Minister will conclude another phase of the
administrative procedure of land demarcation and will determine that
FUNAI will negotiate with Aracruz with regard to the compensation for
the improvements made in good faith on the indigenous land by Aracruz.
Once again we expect that the Federal Government assumes their
promises made in February 2006 at the State Parliament of Espirito
Santo to demarcate the lands, so that we can live in peace in our
traditional lands.
Land is the right of indigenous peoples
Village of Caieiras Velhas, 23 May 2007
Comission of Tupinikim and Guarani Chiefs and Leaders
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20th march 2007
Movement of quilombolas[1] paralyzes activities of Aracruz Celulose in the north of Espirito Santo during four days
On 20 March, 450 quilombolas, women and men, from several communities in
the region called “Sapê do Norte”, North of Espirito Santo state,
occupied an area in São Domingos de Itauninhas, in the municipality of
São Mateus, paralyzing all the harvesting and transporting activities of
eucalyptus wood from Aracruz Celulose, during four days and three nights,
in more than 547 hectares. According to the information of Aracruz
Celulose, 31 harvester machines, 15 forwarders and 35 trucks for wood
transport, stopped working and failed to deliver at the pulp mill a total
of 5 thousand m3 of wood/day. Cars of the Military Police, called by the
company, visited the place on the second day but did not react and left
the place, faced with the huge group of quilombolas.
According to
quilombola leaders, the demonstration surprised the company and is a
response of the quilombola families to the attitude of the company in not
fulfilling the agreement established between Municipalities, Public
Prosecution Service, Cultural Palmares Foundation (federal governmental
agency for quilombola affairs) and associations of quilombolas, about the
access to the rests of eucalyptus wood – residues of eucalyptus with less
than 7 centimeters of diameter -. Using modern equipments, Aracruz now
totally triturates these rests of eucalyptus trees. The producers of this
European technology stress that these machines signify a technological
improval that will benefit and sustain the eucalyptus plantation
business, while at the same time this measure destroys this possibility
of survival for the quilombolas. Nowadays, it is hard to measure the harms
and social, environmental, cultural and economic debt of Aracruz Celulose
with the quilombola communities of Sapê do Norte. Aracruz invaded their
lands, expelling thousands of families from their territories,
destructing their way of life, destructing thousands of hectares of
atlantic forest, drying up and contaminating tens of rivers with huge
quantities of agrochemicals, used reguraly in the plantation area and
also maintaining armed guards, watching over the families 24 hours a day.
Nowadays, from the about 1,500 quilombola families (in 32 communities)
who continue resisting in small fragments of lands in the middle of big
monocultural areas, especially of eucalyptus trees, more than 1,000
quilombolas struggle to have access to the eucalyptus tree residues,
because the income from the charcoal production became the only source of
survival. However, the main objective of the struggle of these
communities is focused in getting back their territory, lost to Aracruz.
At the end of the afternoon of 23 March, the quilombola demonstrators
liberated the occupied area in the field and initiated a camp in front of
the operational centre of Aracruz Celulose, close to highway BR-101
north, in the municipality Conceição da Barra, impeding the entrance and
leaving of trucks and employees. Little time after a representative of the
local Court arrived with an order for the quilombolas leaving the
occupied in the area in the field. The quilombolas refused to receive
this order, because it referred to the area they just had left. At
15:00hs, the movement ended after the quilombolas decided to hold an
assembly for the next day, without having arrived to a satisfactory
solution.
24.03.2007
Signed by:
Alert against the Green Desert Movement/ES
[1] With ‘Quilombolas’ are meant descendants of African slaves who
flied from plantation areas during the colonial time and founded
‘free’ and autonomous communities (called ‘quilombos’), often within
forest areas.
zum Inhalt
13th december 2006
ONE MORE TIME, ARACRUZ CELULOSE PROVOKES AGRESSION AND VIOLENCE
The occupation of the harbor of Aracruz comes to an end; Indians go to
Brasília for a meeting with the Minister of Justice
After the arrival of a director of the company Aracruz Celulose,
the more than 1,000 workers of the company and its subcontractors
encouraged to take out the Tupinikim and Guarani Indians by force from
the harbor of Aracruz (Portocel), left the place at about 17:00hs. The
situation today got very tense, several Indians and supporters of their
struggle were attacked by workers and almost a fatal conflict took
place. With loudspeakers, when they left the place, the leaders of the
workers threathened the Indians that they would come back tomorrow.
At the end of the afternoon at about 19:00hs, after a meeting with
local representatives of the FUNAI, the Indians accepted the proposal
of having a meeting in Brasília next monday with the MInister of
Justice Márcio Thomas Bastos. The Tupinikim and Guarani left the
harbor voluntarily.
Aracruz Celulose is the main responsible for the agression
practiced today, even against a state parliamentarian, Claudio
Vereza, who uses a wheelchair, andwho is a well-known defender of human
rights. It is unacceptable that a company releases its workers to take
out the Indians by force, according to the trade union leader Davi
Gomes - one of the workers´leaders - because the military and federal
police did not act against the Indians. Responsible also is the
Brazilian State that was negligent during the aggressions against the
indigenous peoples and the solidarity groups, having only some few
policemen present at the place. During the whole action, the Minister
of Justice did not make any pronunciation about the emission of the Act
of Demarcation of the Tupinikim and Guarani lands.
In the afternoon (13/12) about 60 students occupied for some time the
Palace of the Government of the state of Espirito Santo, supporting the
Tupinikim and Guarani and demanding that the State of Espirito Santo
should take position to guarantee the security of the indigenous
peoples and activists at the harbor.
Attached some photos of the occupation of the harbor (credits:
Nester Samora) and of a small demonstration yesterday at the
consulate of Brazil in New York. Yesterday also, organisations in
Germany and Norway delivered a petition in support of the
regularization of the Tupinikim and Guarani lands to the Brazilian
Embassies in these countries.
zum Inhalt
13. Dezember 2006
ARACRUZ CELULOSE PROVOKES CONFLICT BETWEEN WORKERS AND INDIANS
Tradeunion leaders and workers of Aracruz Celulose, with support of the
company, practice acts of violence against the Tupinikim and Guarani
Indians
More than 1,000 workers, easily liberated from work today by
Aracruz Celulose and its out-sourced companies such as Plantar,
went this morning around 10am to the harbour of Aracruz with the
aim to take out the 300 Tupinikim and Guarani Indians who occupied
yesterday the harbour for export of cellulose, with the aim to demand
from the Minister of Justice Márcio Thomas Bastos a guarantee that the
lands that traditionally belong to them, identified by the Funai since
1994, get demarcated this year, according to his own promises in a
meeting with indigenous leaders in February 2006.
The Aracruz and outsourced workers, inflated by Davi Gomes
(president of the trade union Sintieama, alley of the company)
broke the gate of the harbour and entered in the area, practicing
agression against the Indians, and also against several supporters of
the Indians such as the state member of parliament Cláudio Vereza and
one of the coordinators in Espirito Santo of the MST, Ronaldo. The
military police at the spot is trying to keep the workers distant from
the Indians to prevent more physical aggressions against the Indians.
The situation continues extremely tense. It is good to remember that
yesterday, the workers in the harbor applauded the Indians and the
Indians declared yesterday in the press that their movement is not
against the workers, on the contrary.
Several meetings in Brasília are dealing with the situation.
According to several sources, the Minister of Justice is meeting
with assistants and might give a pronunciation until the end of the
afternoon. At the same time, the Human Person Rights Council (CDDPH),
part of the Special Secretary on Human Rights of the Brazilian
Republic, is discussing at this very moment the issue in a meeting
where Tupinikim leader Paulo de Oliveira is participating.
We, supporters of the Tupinikim and Guarani struggle are extremely
concerned with a major violent agression against the Indians at this
moment. We want to make an appeal to all of you to help putting
pressure on the brazilian government, so that it urgently demarcates
the Tupinikim and Guarani lands. Further delay will only make the
conflict continue for more time and worsen it more.
At the same time, we hold Aracruz Celulose responsible once again for
stimulating and colaborating with acts of violence against the
Tupinikim and Guarani indigenous peoples, and throwing workers against
other workers (the Indians are also workers!) in order to 'solve' the
situation. Several eaders of social movements and free trade unions in
Espirito Santo declared they have never seen this situation before in
history of the workers struggle in our state.
zum Inhalt
13. Dezember 2006
Note of support for the Tupinikim and Guarani indigenous peoples in the fight for their land
The Indianist Missionary Council informs the public to reveal its
solidarity to the Tupinikim and Guarani indigenous people who occupy,
since yesterday (12/12), the harbor Portocel, from where the cellulose
of the company Aracruz Celulose is being exported. This action aims to
put pressure on the Minister of Justice, Márcio Thomaz Bastos, to take
a decision in relation to the process of regularization of the land of
these indigenous peoples in Espirito Santo.
Cimi is following the situation with apprehension, fearing that a
confrontation with fatal consequences could occur. Today (13/12),
employees of Aracruz Cellulose and of subcontractors like Plantar,
entered the area of the harbor and attacked indigenous peoples. The
Brazilian State is not taking steps to prevent an increase of the
violence.
In case the conflict runs out of control, the Federal Government
will be put responsible, for not having demarcated the land of the
Tupinikim and the Guarani. Also responsible is Aracruz Cellulose, who
should control its employees.
On 12 September, the National Indian Foundation (Funai) send their
position in favor of demarcation of the indigenous land of the
Tupinikim and the Guarani, to the Ministry of Justice. In February this
year, Minister Márcio Thomaz Bastos compromised to publish the
Demarcation Act of the land as soon as he would receive the position of
Funai. To prevent more conflicts in the region, Minister Márcio Thomaz
Bastos must urgently decide on the situation of the indigenous lands in
the state of Espirito Santo, fulfilling his commitment, and publish the
Demarcation Act.
Brasilia, 13 December 2006
Indianist Missionary Council
www.cimi.org.br
zum Inhalt
11. September 2006
Aktionen der Tupinikim und Guarani für eine schnelle Landrückgabe
TUPINIKIM/GUARANI CONTINUE ACTIONS FOR LAND DEMARCATION
And Aracruz says they “are no Indians”
During 6 and 7 September, Tupinikim and Guarani Indians cut about 10
hectares of eucalyptus trees in an area that belongs to them
traditionally, but has been invaded and explored by the Aracruz Celulose
company since the 60ies. With this action, they demand from the FUNAI and
the Ministry of Justice a maximum of agility in the publication of the
demarcation decree of 11,009 hectares, solving this dispute for land with
Aracruz that already lasts more than 35 years.
Reacting to the actions of the Indians of the past week, the
Presidency of FUNAI, through the head of Office Mr. Raimundo José de
Sousa Lopes, promised on the 6th of September to send today the land file
of the Tupinikim/Guarani, including the FUNAI report about the challenge
(defense) against the land claim presented by Aracruz Celulose, to the
Ministry of Justice, so the Minister Márcio Thomaz Bastos issues, without
further delay, the land demarcation decree.
The Tupinikim and Guarani decided to continue their actions today,
continuing the “cleaning” of the eucalyptus trees from the area of
11,009 hectares, eucalyptus that caused so many problems to the
indigenous communities. They continue affirming that they want to cut the
trees without taking them away reaffirming that the struggle is for land,
so that it can get reforestated and once again serve for the well-being
of the communities. They promise to maintain the protest actions until
the demarcation decree becomes issued.
Aracruz Celulose reacted publicly to the actions, affirming as always
that it is convinced that the lands belong to them. However, the company
used a new argument that surprised all: the company affirmed on
television (Jornal Capixaba, 06/09/2006) through its spokesman Gessé
Marques that “the Indians are no Indians”, in other words, if they are no
Indians, they do not have a right to occupy and demand an indigenous
land. In its challenge presented on the 20th of July to FUNAI, the
company suggests that the region was never inhabited by the Tupinikim
Indians, what means that the Indians to whom FUNAI refers in their four
land report studies would not be Indians. The company affirms that the
“supposed” Tupinikim have lost their traditional culture, for example,
they are active voters and do not speak any more their original language.
And the company also affirms that the indigenous adornments and
traditions they maintain are also not theirs. In relation to the Guarani,
Aracruz affirms that they are not from the region, discarding a whole
mythology and traditional way of living of the Guarani that moved them to
walk until the region of the municipality of Aracruz, still before the
invasion of the company in 1967. At that time, the Guarani got impressed
by the quantity of native forest still present and its beauty, before the
company started its devastation.
FUNAI, in its anthropological report about the challenge presented by
Aracruz, refutes the affirmations, at least disrespectful, of the
company. The official institution from the Brazilian Federal Government
writes that “it are not external features, isolated among itselves, that
allows to characterize a group as indigenous”. And even more, “tradition
is not a ‘frozen piece’, and the indigenous populations with whom we are
dealing here had to undertake a huge adaptive effort to persist as
indigenous groups, while simultaneously they saw themselves being
incorporated in local and regional contexts”. By the way, “who did not
adapt was annihilated”. When Aracruz wants to submit the Tupinikim to a
“romantic” vision of what would be an ‘Indian’, the company “denies the
possibility that Brazilian Indigenous people become treated as citizens,
and that the specific aspects of the their ways of social and political
organization become respected”. In other words, we are dealing with a
company that shows a total lack of commitment with a pluri-ethnical and
multicultural society where rights of indigenous peoples and other
traditional groups be fully respected. And this is exactly the spirit of
the Brazilian Constitution of 1988.
It is important that all spread nationally and internationally this
disrespect of Aracruz Celulose with the Tupinikim and Guarani, a view
that the company is spreading among their workers and in the regional
society, using all its political-financial power, trying once again to
manipulate the imaginary of the regional population so that this society
turns against the Tupinikim and Guarani and its just struggle. At the
same time, we are talking about an act of despair of a company that
already held meetings in the past and even signed agreements with the
Commission of Tupinikim and Guarani Chiefs and Leaders, and also with the
Indigenous Tupinikim and Guarani Association. So how Aracruz can affirm
now that “the Indians are no Indians”?
ALERT AGAINST THE GREEN DESERT NETWORK-Espirito Santo
11 September 2006
zum Inhalt
7. August 2006
Brief der Indianer an den Brasilianischen Präsidenten, Lula da Silva
Public Letter of the Commission of Tupinikim and Guarani Chiefs and Leaders
Aracruz, 7th of August 2006
Ref.: Demarcation of Tupinikim and Guarani Lands in Espírito Santo
To: President of the Republic, Sr. Luiz Inácio Lula da Silva
Minister of Justice, Sr. Márcio Thomaz Bastos
President of FUNAI, Sr. Mércio Pereira Gomes
Dear Sirs,
On the 13 and 14 July 2006 we were in Brasília where we visited the FUNAI and the Ministry of Justice, in order to monitor the process of demarcation of our lands in the state of Espirito Santo.
In this letter, we want to express our concerns about what we heard from the responsible institutions and communicate our position about it.
Before, it is worth while to summarize our most recent struggle:
- We are aware of the fact that an unconstitutional act of the ex-Minister of Justice, Iris Rezende, in 1998, allowed Aracruz Cellulose to continue exploring 11,009 ha of our lands, as a result we decided during a general assembly, on 17th of February 2005, to take up the struggle again for our lands;
- On the 12th of May 2005, the Public Prosecution Service of Espirito Santo, after having verified irregularities in the demarcation procedure of 1998, recommended to the Minister of Justice and the President of the Republic to demarcate and formally register the 11,009 hectares as indigenous lands in dispute;
- On the 17th of May 2005, in full certainty that the lands in question belong to us, we initiated with more than 500 men and women of our peoples, the self-demarcation of our lands that, counting with the 7,061 hectares already demarcated, totaled 18,070 hectares. We reconstructed two of the more than 30 villages extinguished by the invasion of Aracruz Cellulose on our lands.
- During 2005, we travelled to the capital Brasília several times where we heard from the FUNAI and the Ministry of Justice that they had the firm intention of correcting the injustice committed in 1998 and would demarcate our entire land area. The FUNAI declared in a written document (letter 283 DAF/FUNAI from 12/05/2005) that the studies, carried out between 1994 and 1998, which prove that the indigenous lands in Espírito Santo are 18,070 ha, remain valid to this day.
- Despite this, on the 7th of October of 2005, we had to occupy the pulp mills of Aracruz Cellulose so that the process would move ahead; from this occupation resulted the creation by the FUNAI of a new Working Group (GT 1299/2005), to realize a complementary study to the ones already made. The summary of this report was published in the National State Gazette on the 20th of February 2006. - However, before this publication happened, we were, in the 21st Century, humiliated and wounded during an illegal and coward action of the Federal Police, together with Aracruz Cellulose, that destroyed our two rebuilt villages. We will never forget this action and the fact that the FUNAI and the Ministry of Justice did not take up any action to prevent it.
- On the 31st of January 2006, we met with President Lula in Vitória, capital of Espirito Santo, and after that, on the 9th of February, with the Minister of Justice and the President of FUNAI. In this last meeting the time periods for the demarcation of our lands were agreed. From the publication of the report of the GT 1299/2005 on 20th February 2006, the defined periods, according to decree 1.775/96, are as follows: 1. By the 20th of May (90 days) any interested parties have to have presented to FUNAI any challenges (complaints) related to the demarcation; 2. By the 20th of July (60 days) FUNAI will have to have written its position about any challenges presented, and send the full file to the Minister of Justice; 3. By the 20th of August (30 days), the Minister has to issue the decree of demarcation of the lands.
On the occasion of the 9th of February meeting, the Minister of Justice affirmed that “we firmly want to do this thing correctly and quickly”. - However, the first delay happened in May 2006: FUNAI granted an extra 30-day period for Aracruz challenging the report of GT 1299/2006, because of mistakes committed by the FUNAI itself. Afterwards, on the 1st of June 2006, the Prosecutor of FUNAI, during the “1st Seminar on Indigenous Land Rights and the Advance of Agribusiness”, held in Vitória-ES, promised that the FUNAI would elaborate its position regarding the Aracruz challenge in a maximum period of 30 days, so that the Minister could receive the whole documentation on the 20th of July.
But, the 20th of July the Minister of Justice still has not got the documentation in his hands. During our visit in Brasília, on the 13th of July, we heard that:
- FUNAI will need the full period of 60 days to analyze each line of the challenge of Aracruz that contains no less than 36 volumes of 300 pages each. FUNAI expects to present its position on the 20th of August, together with the rest of the documentation, to the Minister of Justice;
- the assistants of the Minister of Justice affirmed that when they will receive the documentation from FUNAI, they need to re-analyze it and they will definitely need 30 days or even more for that task. This is not true because FUNAI, an institution linked with the Ministry of Justice, will make the necessary analysis of the Aracruz challenge. The Ministry of Justice will sign the demarcation decrees, considering the studies, the challenges and the documents already produced. Therefore, the decree 1.775/96 defines a period of 30 days only for this decision.
At this very moment, we are concerned with the possible delays announced by the representatives of the responsible institutions. In addition, we are in election campaigns time and we know that Aracruz Cellulose is a big contributor to these campaigns, including candidates of the Lula Government.
Considering this information, our position is the following:
- We understand that the FUNAI needs to make a well-based and fair opinion about the challenge of Aracruz. But we do not accept in any circunstances that FUNAI exceeds the legal period of 60 days, established for this.
- We do not accept that the Ministry of Justice makes a re-analysis of the whole file, something that the Minister of Justice did not discuss in any moment with us. On the contrary, the Minister guaranteed that his decision would be quick and that he had full confidence in the competence of FUNAI.
We want to believe in the words of President Lula and the Minister of Justice. However, we do not accept, under no circumstances, delays, postponements and illegal acts against our rights. No more humiliation.
LAND IS THE RIGHT OF INDIGENOUS PEOPLES!
Commission of Tupinikim and Guarani Chiefs and Leaders
zum Inhalt
6. August 2006
Tupinikim und Guarani protestieren gegen Verzögerung des Landrechtsverfahrens
RELEASE
Tupinikim e Guarani demand demarcation now!
This morning, 6 September, 200 Tupinikim and Guarani Indians in the
Espírito Santo state, Brazil, started to cut down eucalyptus trees in the
area that traditionally belongs to them and has been invaded and explored
by Aracruz Celulose for almost 40 years.
With this action, the Commission of Tupinikim and Guarani Chiefs and
Leaders and their communities intend to remind FUNAI and the Ministry of
Justice of their promises, and demand a maximum of agility in the
administrative acts necessary to guarantee finally the demarcation of
11,009 hectares of indigenous lands and solving the present conflict with
the cellulose multinational Aracruz Celulose.
On 20 August, the legal period ended during which FUNAI should have sent
the Tupinikim and Guarani land demarcation file to the Minister of
Justice, Márcio Thomaz Bastos. The Minister has then a legal period until
20 September to sign the demarcation decree, declaring the land as
indigenous, according to both Article 231 of the Federal Constitution, as
well as Decree 1.775/96. But the file is still at the FUNAI, in spite of
the fact that the institution already concluded its opinion about the
challenges (defense) presented by Aracruz Celulose; and these challenges
were rejected, as FUNAI already affirmed publicly.
The cutting of eucalyptus trees today is also a protest of the
indigenous peoples against the planting of this monoculture on their
lands, which led to the destruction of the native forest and has been
causing many problems for the Tupinikim and Guarani communities. They
intend to cut the trees, and not take them away, reaffirming that their
struggle is for the land.
The solution of this conflict is urgently needed. The growing
criminalization of Indians, peasants, ‘quilombolas’ and supporters of
their struggles is the result of the slowness with which the authorities
demarcate the lands, realize agrarian reform and dispossess so-called
“devolutas lands” (lands that belong to the state) that are in the hands
of big farmers and companies. Besides, we repudiate the perverse way by
which Aracruz Celulose, in its defense presented to the FUNAI, tries to
disqualify the right of the Tupinikim and Guarani to their lands, trying
even to deny the identity of the Indians, something completely absurd.
This is an insult against the Indians and against the society as a whole.
We, from the Alert against the Green Desert Network, support totally the
actions of the Tupinikim and Guarani and appeal to the Minister of
Justice that he obeys Article 231 of the Federal Constitution and finally
guarantees the indigenous rights. From the Federal Government, we demand
that the indigenous rights be considered more important than the
financial interests of the agribusiness sector!
ALERT AGAINST THE GREEN DESERT NETWORK –ESPÍRITO SANTO
6 September 2006
zum Inhalt
20. Januar 2006
Brutaler Polizeieinsatz gegen Tupinikim und Guarani
Brutaler Polizeieinsatz gegen Tupinikim und Guarani
Aracruz-Celulose – das auch Zellstoff an das Werk für
Tempotaschentücher in Neuss liefert - gibt blutige Räumung in Auftrag
Am 20. Januar dieses Jahres stürmten und zerstörten 120
Bundespolizisten die Indianerdörfer Corrego do Ouro und Olho de Agua in
dem brasilianischem Bundesstaat Espirito Santo. Es wurden dabei
Gummigeschosse auf Menschen abgefeuert, etliche Indianer sind verletzt
worden, einige von ihnen so schwer, dass sie ins Krankenhaus mussten.
Indianer, die flüchten konnten, wurden anschließend mit Hubschraubern
regelrecht gejagt. Sämtliche Unterkünfte und Häuser der Dorfbewohner
wurden mit schweren Maschinen – die von Aracruz-Celulose, dem
Zellstoffkonzern, zur Verfügung gestellt worden waren - dem Erdboden
gleich gemacht und anschließend angezündet. Die Aktion der Bundespolizei
war illegal, was auch ein noch am gleichen Tag herbeigeführter
Gerichtsbeschluss bestätigt – da waren die Dörfer aber schon zerstört. Mit
der Polizeiaktion soll der Widerstand der Indianer gegen Aracruz-Celulose
gebrochen werden. Sie wehren sich dagegen, dass Aracruz ihnen 11.000
Hektar Land weggenommen hat. Aracruz hatte die Indianer während der
brasilianischen Militärdiktatur von diesem Territorium vertrieben, um dort
in Monokultur Eukalyptus-Plantagen anzulegen.
Kurzer Hintergrund:
Im aktuellen Konflikt geht es um 11.000 Hektar Land, das derzeit vom
größten Zellstoffkonzern des Landes, Aracruz Celulose, besetzt gehalten
wird. Rechtmäßiger Besitzer dieses Landes sind nach Studien der
staatlichen Indianerbehörde FUNAI die dort beheimateten 1600 Tupinikim und
200 Guarani. Bisher verweigert der Zellstoffkonzern, der insgesamt über
Plantagenflächen im Umfang von ca. 250.000 Hektar verfügt, rigoros die
Rückgabe der mit Eukalyptus bepflanzten Ländereien an die Indianer. Die
Indigenen hielten seit Mai 2005 die 11 000 Hektar besetzt und hatten auf
dem Gebiet zwei Dörfer neu errichtet, die vor der Landnahme von Aracruz
dort existiert hatten. Diese sind jetzt zerstört worden.
Procter&Gamble und Kimberly-Clark tragen Mitverantwortung
Aracruz verkauft 45% seiner gesamten Zellstoff-Produktion an zwei
multinationale Konzerne: Procter&Gamble (Tempo, Charmin...) und
Kimberly-Clark (Kleenex, Hakle). Eukalyptuszellstoff wird bevorzugt in
Hygienepapieren eingesetzt, da er diese flauschig macht. Die Konzerne
nehmen das von Aracruz verursachte Desaster bislang stillschweigend in
Kauf, obwohl diese schon im Mai 2005 von ROBIN WOOD darauf hingewiesen
wurden. Erste Gespräche zwischen Procter&Gamble, einem Vertreter des Green
Desert Movement aus Brasilien und ROBIN WOOD fanden am 26. 1. 2006 in
Frankfurt statt und haben zu keiner Annäherung der Standpunkte geführt.
Procter&Gamble erklärte sich lediglich bereit, die Vorfälle bei seinem
Lieferanten zu prüfen und dabei auch unabhängige Quellen mit einzubeziehen
(wie z.B. brasilianische Behörden), anstatt wie bisher nur auf
Informationen zu vertrauen, die von Aracruz geliefert wurden.
Das fordert ROBIN WOOD
Die Kunden von Aracruz - Procter&Gamble und Kimberly-Clark – tragen
eine hohe Mitverantwortung. Sie müssen dafür sorgen, dass Aracruz sich zu
seiner Verantwortung bekennt. Ein erster Schritt in diese Richtung wäre
die komplette Rückgabe der Gebiete an die Tupinikim und Guarani, die von
den brasilianischen Regierungsbehörden als indigenes Territorium
identifiziert worden sind. Sollte Aracruz nicht dazu bereit sein, dann
müssen Procter&Gamble und Kimberly-Clark ihre Geschäftsbeziehungen zu
Aracruz sofort beenden.
---
Peter Gerhardt, ROBIN WOOD-Tropenwaldreferent, 1. Februar 2006
Die Original-Erklärung in englisch:
Action Alert about violent police action against the Tupinikim and Guarani
On 20 January 2005, Brazil returned to the period of Military
Dictatorship (1964-1985) when human rights were systematically violated
and the institutions lacked the capacity to protect and defend citizens
against the aggression of an authoritarian State. Three delegates and 120
Federal Policemen from the Command for Tactical Operations carried out a
war operation to take the Tupinikim and Guarani indigenous peoples in
Espirito Santo state out of the 11,009 hectares of lands they had taken
back peacefully in May 2005. Aracruz Celulose controlled these lands for
almost 40 years. The police action was based on a decision on 7 December
2005 regarding this case by Federal Judge Rogério Moreira Alves from
Linhares, in favour of the Aracruz company. We are bewildered and shocked,
and feel a deep indignation looking at the police action, since we live in
what is considered to be a democratic country, a signatory of the
International Treaty on Economic, Social and Cultural Rights, and led by
an ex-worker and ex-persecuted person by the Military Dictatorship: Luíz
Inácio Lula da Silva.
It is important to make clear that:
- Since the Tupinikim and Guarani demarcated the 11,009 hectares that
belongs to them, according to studies realized by the FUNAI (The Federal
Governmental Indigenous Agency), and recognized in 1998 by the ex-Minister
of Justice Iris Rezende, Aracruz Celulose repeatedly affirmed that they
were against the use of violence against the Indians. However, Aracruz
assumed a leading role in the police action on 20 January that resulted in
at least 13 wounded Indians, of whom two had to be treated in hospital in
Aracruz town; one of them, João Mateus – Chief of Comboios – stayed alone
for several hours, wounded and losing a lot of blood. The Indians were hit
by rubber bullets, fired by federal policemen who also were armed with
tear gas and sub-machine guns. For more than one hour, the police “hunted”
Indians by helicopter at the Olho de Água village, shooting at them and
persecuting them. Two indigenous leaders were arrested violently; the
police broke the arm of one of them, Paulo de Oliveira. It is important to
mention that the machines used for the destruction of the indigenous
houses in Córrego do Ouro and Olho de Água were from the Aracruz company.
In Olho de Água, policemen even set fire to everything. In spite of their
barbarism, the Federal Police did not succeed in removing the Indians from
Olho de Água, which the Indians are already rebuilding.
- The Public Prosecution Service in the Espírito Santo state was not involved,
although this was necessary according to the judge’s decision. The
National FUNAI in Brasília was informed, but the Regional Coordinator of
the FUNAI, Waldemar Krenak, and the two local FUNAI heads (Ronaldo Batista
and Maria Fátima de Oliveira) stated that they were not even told about
the police action. The attorney André Pimentel, responsible for indigenous
issues, described the action as “completely illegal”. The two
FUNAI-members Fátima and Ronaldo affirmed that they were pressured by
federal police agents and taken to the the Guest House of Aracruz Celulose
S/A, where the headquarters of the police operation was. It was there that
they learned about the judge’s decision and the police suggested they
could accompany the policemen in their operation. The two arrested Indians
were also taken to the Guest House of the Aracruz company, where they were
kept handcuffed for several hours. The fact that the headquarters of the
operation was the Guest House of Aracruz Celulose S/A was proven by
Federal Parliamentarian Iriny Lopes, also President of the Federal
Congress Human Rights Commission, and the State Parliamentarian Carlos
Casteglione who were there on the 20th at night.
- The Brazilian Federal Police is politically and governmentally subordinate to the
Minister of Justice, Márcio Thomaz Bastos, who is therefore responsible
for this action. However, what really strikes us is that the Ministry of
Justice had reached an understanding with the indigenous communities over
the procedure to come to a rapid official recognition of the
self-demarcated indigenous lands, involving other actors such as the
federal attorney, FUNAI, Human Rights Commission of the National Congress,
state parliamentarians and supporting organizations, agreeing also to
prevent any eviction of the Indians from the occupied area.
- We notice that this police action has been carefully planned in a month in
which many Brazilian people are on holiday, diminishing significantly the
rhythm of functioning of governmental and non-governmental institutions.
Moreover, those who planned the action chose a Friday, for sure to
minimize even more the repercussion in the national and international
public opinion, and reduce the possibilities of suspending the action by
political or judicial means. When the judge’s decision was suspended, also
on 20 January, by the Federal Regional Court of the 2nd Region in Rio de
Janeiro, the Indians had already been expelled from the village of
Córrego de Ouro. We want to express here our solidarity with the Tupinikim
and Guarani communities, with their Chiefs and leaders, and praise their
courage and determination. We hope that this violent action will
strengthen even more the union of these peoples and their allies. For
sure, the indigenous struggle will be victorious because it is based on an
undeniable right and it is being waged in a peaceful way, led by Chiefs
and leaders who are concerned about the future of their people. And
definitely, Aracruz will not be victorious in this struggle, once the
company has chosen the way of lies and violence, all in order to guarantee
the financial profits of its shareholders. We appeal to all that you
express your opinion about this action against the Tupinikim and Guarani,
and about the need of the demarcation of their lands. At this very moment,
the collaboration of all who support the indigenous struggle is important!
ALERT AGAINST THE GREEN DESERT NETWORK
We have the following suggestion for a message to send to the Brazilian
authorities:
Ao Exmo. Sr. Presidente da República – Luíz Inácio Lula da Silva – pr@planalto.gov.br
Exmo. Sr. Ministro da Justiça - Márcio Thomaz Bastos – gabinetemj@mj.gov.br
Exmo. Sr. Presidente da Funai – Mércio Pereira Gomes – mercio.gomes@funai.gov.br
With a copy to:
MPF-ES - pres@pres.mpf.gov.br e FASE-ES - fasees@terra.com.br
23 January 2006
Hereby we would like to show our indignation about the violation of human
rights, which happened on 20th January in indigenous lands in the North of
Espírito Santo. In the action of expelling the Tupinikim and Guarani
indigenous peoples from their lands, the most violent resources were
utilized, resulting in at least 13 wounded Indians, 2 Indians arrested and
processed and 2 indigenous villages completely destroyed by the use of
machines and employees of Aracruz Celulose. We demand that this fact will
be immediately investigated and that the authors of the action be held
criminally responsible. We would like to alert the authorities that the
only way of solving this conflict is the demarcation of the 11.009
hectares in question by the federal government of Brazil.
Yours Sincerely,
zum Inhalt
6. Oktober 2005
aktuelle Erklärung der Tupinikim und Guarani
ARACRUZ CELULOSE OCCUPIED
We occupied the 3 pulp mills of Aracruz Celulose in the municipality of
Aracruz (Espírito Santo state), Brazil, to ask the attention of the public
about our land struggle and the lands we took back in May, lands that were
in the companies' hands until May this year.
This multinational has been invading our lands for more than 35 years. The
pulp mills were built over the Tupinikim Village of Macacos. We hold
Aracruz Celulose responsible for the main problems we have been facing
during all these years. It is responsible for the destruction of our
rivers, forests and damages to our culture and traditional way of life.
Our action is to:
- protest and communicate to the Federal Government that we do not
accept interventions and impositions of Aracruz Celulose in the
demarcation process of our lands;
- to remind the Minister of Justice about the urgency to edit the
acts that recognize our indigenous lands;
- demand the presence of the President of FUNAI, Mércio Pereira
Gomes, to define with us the timetable of the withdrawal of the company
from our lands and the deadlines for the definitive demarcation and
validation of our lands.
OUR LAND, OUR FREEDOM October 6 , 2005
zum Inhalt
20. Mai 2005
Brasilianische Organisationen bitten um Hilfe;
bitte versendet diese Musterbriefe
Dear Friends,
We want to ask your support for the struggle of the Tupinikim and
Guarani Indigenous people, in Espirito Santo, Brazil, in order to
guarantee that 11,009 hectares of indigenous lands will be demarcated
and validated by the Brazilian government as soon as possible. If the
land is officially demarcated, we can correct the illegal decision made
by the ex-Minister of Justice, Iris Rezende, in 1998, when the
Brazilian government, under pressure and in the interests of the
eucalyptus and celulose multinational Aracruz Celulose, decided to
demarcate only 7,061 hectares.
We are asking you to send a letter or a fax to the Minister of Justice,
Márcio Thomaz Bastos, who has been asked to follow the recommendations
of the Federal Pubic Prosecution Service to create a new decree within
the next month demarcating all of the indigenous lands (18,070 hectares
in total). These lands have already been recognized as legitimate
indigenous territory and partially demarcated by the Brazilian
government.
Urgent request:
We ask that you please send letters to the Federal Courthouse and
Federal Police of Espirito Santo, in order to prevent any police
intervention aiming to halt the demarcation action.
If you send your letter and/or fax in English, please make sure that
you send a Portuguese copy as well.
Please spread information about this campaign to your
networks/organizations.
example letter to the Minister of Justiçe Márcio Thomaz Bastos:
Mr. Minister of Justice Márcio Thomas Bastos
Esplanada dos Ministérios, Bloco T, Ministério da Justiça, 40. Andar
CEP 70064.900- Brasilia- DF
Brazil
Fax +55 61 2244784
Dear Mr. Minister,
Through this letter, we would like to express our support of the
Indigenous Tupinikim and Guarani nations of Espírito Santo in their
fight to demarcate their land, which was previously invaded by Aracruz
Celulose corporation. According to anthropological reports published
by GTs 0783/94 and 087/98, 18,070 hectares of indigenous land were
demarcated.
The Brazilian Constitution,various contracts and conventions like OIT
169 guarantee the land rights of the Indigenous nations. Regardless,
the ex-minister of Justice, Ìris Rezende, unconstitutionally denied the
Tupinikim and Guarani this right by demarcating only 7, 061 hectares of
land for them in 1998, leaving 11,009 in the hands of Aracruz
Celulose. This decision was clearly made without considering the
conclusive studies of FUNAI’s GTs.
We are giving our full support to the legitimate fight of the Tupinikim
and Guarani, and are asking that you please follow the recommendations
made by the Federal Public Ministry by writing a new Act to recognize
the disputed 18,070 hectares as belonging to the indigenous Tupinikim
and Guarani of Espírito Santo. Such action would appropriately respect
the conclusions of GTs 0783/94 and 087/98 of FUNAI.
Sincerely,
Portuguese version:
Prezado Sr. Ministro,
Através deste, queremos expressar nosso apoio à luta dos povos
indígenas Tupinikim e Guarani no Espírito Santo pela demarcação das
suas terras, invadidas no passado pela empresa Aracruz Celulose. São
18.070 hectares de terras indígenas a serem demarcadas, conforme laudos
antropológicos dos GTs 0783/94 e 087/98.
Os direitos dos povos indígenas sobre suas terras são garantidos na
constituição brasileira e também por diversos tratados e convenções
como a Convenção 169 da OIT. Mesmo assim, o ex-Ministro da Justiça,
Íris Rezende, não garantiu este direito no caso dos Tupinikim e Guarani
e demarcou, em 1998, de forma inconstitucional, apenas 7.061 hectares,
deixando 11.009 hectares em mãos da Aracruz, desconsiderando os estudos
conclusivos dos GTs da FUNAI.
Damos total apoio à luta legítima dos Tupinikim e Guarani e solicitamos
ao Senhor que atenda as recomendações feitas pelo Ministério Público
Federal no sentido de editar novos atos de reconhecimento das terras
indígenas Tupinikim e Guarani no Espírito Santo, totalizando 18.070
hectares, conforme as conclusões dos GTs 0783/94 e 087/98 da FUNAI.
Atenciosamente,
example letter to the Federal Police and Federal Courthouse
Mr. Superintendente of the Federal Police
Geraldo Antônio Dias Guimarães – Delegate of the Federal Police
FAX: +55 27 33318030
Justiça Federal de 1a. Instância de Vitória (ES)
Federal Judge Mr. Ronald Kruger Rodor
FAX: +55 27 33314090
We have taken into account the judicial action made by the company
Aracruz Celulose (action 2005.50.01.004524-1) against FUNAI in reaction
to the Tupinikim and Guarani self-demarcation of 18,070 hectares of
indigenous land.
We would like to point out that their action is legitimate, and ask you
to please support the self-demarcation of the 18.070 hectares of
indigenous land. Such a demarcation would fall in accord with the
conclusive studies carried out by GTs 0783/94 and 087/98 of FUNAI.
We are monitoring the judicial action of Aracruz Celulose, and ask that
you please avoid the use of any type of violence against the
indigenous, who are merely fighting for their most sacred right- to
live communally and on their own land.
Sincerely,
Portuguese version
Prezado Sr. Superintendente da Polícia Federal
Geraldo Antônio Dias Guimarães - delegado da Polícia Federal
FAX: +55 27 33318030
Justiça Federal de 1a. Instância de Vitória (ES)
Juiz Federal Sr. Ronald Kruger Rodor
FAX: +55 27 33314090
Tomamos conhecimento da ação judicial da empresa Aracruz Celulose (ação
2005.50.01.004524-1) contra a FUNAI em reação à ação de auto-demarcação
dos indígenas Tupinikim e Guarani de 18,070 hectares de terras
indígenas.
Queremos solicitar seu apoio para a auto-demarcação dos Tupinikim e
Guarani e alertar os senhores que a ação dos indígenas é legítima. O
objetivo é garantir que esses 18,070 hectares de terras Tupinikim e
Guarani, já reconhecidas como tais em conclusivos estudos da FUNAI,
sejam efetivamente demarcadas.
Estamos monitorando esta ação da Aracruz Celulose e solicitamos aos
Senhores que evitem o uso de qualquer tipo de violência contra os
indígenas que estão apenas lutando por seu direito mais sagrado, o
direito de viver em comunidade, em sua própria terra.
Atenciosamente,
zum Inhalt
19. Mai 2005
Aktionen der Tupinikim und Guarani gehen weiter
After two days of demarcation, the seven indigenous Tupinikim and
Guarani communities continue the demarcation action today. They
already made progress, marking the borders of their area along a
distance of 15 km of the total indigenous area of 18.070 hectares. From
this area, 11,008 hectares have still not been demarcated by the
brazilian government and are in the hands of Aracruz Celulose, the
largest short-fiber pulp producer in the world. Over the past two days,
500 Indigenous cut about 15,000 eucalyptus trees to do their demarcation
work. Among the 500 Indigenous there are men, women, children and
elderly. Warriors of both the Tupinikim and Guarani people guarantee the
security of the work. The chiefs and leaders of the communities aim to
continue this self-demarcation until the entire area of 18,070 hectares
is completely demarcated.
Aracruz Celulose, which possesses 385,000
hectares in Brazil, affirmed that it is the owner of the 11,008 hectares
in dispute and that it purchased this area from about 80 land owners,
who were descendents of Italian immigrants. But the conclusions of
studies carried out by the FUNAI - the governmental foundation for
indigenous issues - between 1994 and 1998 show that, before Aracruz
arrived, about 40 indigenous villages existed in the region, including
the disputed area. After Aracruz invaded, only 3 villages remained. On
May 12th, FUNAI declared in a document sent to the Human Rights
Commission of the National Parliament that their 1994-1998 studies
continue to be entirely valid.
According to Wilson, chief of the
Tupinikim village Caieiras Velhas, "the Indian is struggling for his
most sacred right, the right to live in a community, and on its own
land. Here we will reconstruct the villages that existed in our past".
The company affirmed yesterday that they already went to courthouse to
ask for a judgement to guarantee the company’s possession of the area.
But the Indigenous claim that not even the police, who are responsible
for fulfilling such a request, will impede the continuation of the
demarcation action. Meanwhile, the Minister of Justice, Márcio Thomaz
Bastos, maintains silence about the issue. He received a public letter
from the Commission of Tupinikim and Guarani Chiefs in which they ask
for a new decree of demarcation that guarantees that the whole
indigenous area, 18,070 hectares, will be effectively given back to the
indigenous communities.
zum Inhalt
17. Mai 2005
Indigene beginnen mit der Demarkation ihres Landes
Nearly 500 indigenous Tupinikim and Guarani from the municipality of
Aracruz (Espírito Santo) initiated this morning, Tuesday, May 17, the
self-demarcation of their land. They claim that the Minister of Justice,
Márcio Thomas Bastos, guarantees the demarcation of 18, 070 hectares of
indigenous land recognized as such by conclusive studies of FUNAI. Of
these 18,070 hectares, 11,008 have not yet been demarcated and are in the
hands of the multinacional Aracruz Celulose. The Federal Public
Prosecution Service of Espírito Santo recommended, through the principal
Attorney General, Cláudio Fonteles, that the Minister of Justice creates a
new decree of demarcation which guarantees the Tupinikim and Guarani
rights to the 18,070 hectares.
The commission of Tupinikim and Guarani chiefs and leaders sent an open
letter to the Minister of Justice explaining the motives behind their
actions (letter follows below). They declare that “with this act, we want
to express to you and to the entire Brazilian nation that the land belongs
to the Tupinikim and Guarani nations, and should be returned so that we
may construct our own future, guaranteeing our liberty and autonomy, and
the future of our children and grandchildren.” In solidarity with the
action of the indigenous, the Movimento dos Pequenos Agricultores (MPA)
(Movement of Small Farmers) of Espírito Santo is mobilizing 400 small
farmers, including organizations, movements and churches who are part of
the Alert against the Green Desert Movement, to protest in front of the
Aracruz Celulose factory. The demonstrators closed the entry of the
trucks, loaded with eucalyptus, to the pulp mills. The aim of the protest
is to denounce Aracruz Celulose as an indigenous rights violator and a
symbol of agrobusiness and of large landholders within Espírito Santo.
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