1 12 2 https://www.abyayalanews.org/files/original/1a89e81d4925ec9c032ff67ecfcbda55.pdf 77430f53ef007cf10a7f55c57fdc9391 PDF Text Text SELF DETEHMI~ATION & TERRITORY Co~sTITUTIO~AL REVI S ION 1~ BIV\.ZIL: A Tt !HEAT TO I N DIGE="Ol'S RIGIITS BY e batUe for the rights of the over twO hundred Indigenous groups in Brazil seemed to have c.Jaimed a victory at the end of 1988. Bra:z.il 's newconstitution was drafted and approved that year, recognizing the rights of Indigenous peoples, including the right to their lands. A five year deadline for the demarcation of these lands was established. After obtaining Indigenous territory status they would be proleeted by the government against invasions. Only the Indigenous peoples would be able 10determine the use for theirlands, including. if they so wished, mining and forestry. This deadline expired on October 5, 1993, and only 266 of the 532 territories officially rcoognizcd bad been demarcated. The 1988constitulion also included a clause for its revision at the end of five years. This period also expired in October. If this revision lalces plaoe, the rights granted could be revoked. The validity of the demarcation of Indigenous territories and the current restrictions on the use of these lands are highly questioned by many groups that support the constitutional revision. Invariably, these groups are part of the elites that have lost advantages and privileges. The three chapters central to the debate arc those concerning agrarian reform, the environmen~ and the rights oflndigenous peoples. II is feared tha~ if carried through, the revision could lead to changes toward the Nco-liberal policies supported by the majority of the Brazilian con· gress. Spocial interest groups lobbying in the Congress will have great influence over be results oftherevision. The political climate in the congress is actually dominated by these diversctboughgenerallyconscrvativegroups. The lack of complementary judicial tools that are also adequate and agile, added to tbe inoperative power of the executive are also seriously threatening the conquCSIS made for indigenous rights. T: VOl. 7 NO. 3&4 SLt.L;"o.:L .J. \.IC\~111.1.<> One of the most significant conquests was that over the Yanomami territory in May, 1992. The granting of 9.6 million hectares demarcated as Yanomami territory is now in danger of revision. Although the official recognition bas not kept gold prospec!ors away, some groups contend that this area is ~xeecd­ ingly large for the Yanomarni. Another argument is that demarcation in border areas threatens national sovereignty Minister of Justice recently declared that the demarcationwillonlyoontinucinareaswbere there are no conflicts, a requisite nearly impossible to fu1fill, and lbal effectively baits the process of demarcation until the revision issue is resolved. This process could take months or even years. The Minister of Justice also bad the power of prohibiting access 10 indigenous areas, but the Supreme Tribunal recently revoked Ibis power. This will have serious consequences for groups that are still isolated. Their limited numbers are threatened by the illness and violence that nearly always follow contact with outsiders. In the 500 years since the beginning of European invasions, the population of Indigenous peoples of Brazil bas been reduced from over 5million to less than 500,000. Their territories today are only IO%oflbeiroriginal size. The biggest obstacle to their survival is theattitudeofBra:zilian society. To the majority of the population, Indigenous rights and environmentalism are not social priorities.. Hunger and poverty are ranked first These economic pressures create great tension between the Indigenous peoples and the new colonistS, poor migrants trying to establish fanns in their territories. Indigenous people are thus the most widely discriminated group in Brazil, frcqucntl yviewed as sicl<, dirty, and carriers of the Cholera virus. The physical and cultural survival of Indigenous peoples is not considered their right, but rather an eeeenlricity of environmentalists. Many Brazilians arc of the opinion thattbe resources of the tropical forests can and should be exploited for economic bencfi.ts alone. These benefits rarely reach !bose actually affeCied by poverty. This attitude needs 10 change if the rights establL5hedin 1988 aretobeupbeld and if the fight for indigenous rights is to be continued. by creating practically independent stales. This argument does not take into account the fact that Indigenous territories have existed in border areas for years. Indigenous groups like the Kayapo and the Guarani are involved in legal batUes to prove their rights 10 establishing territories thai cover areas in different countries. Though it is true that the constiiUiional revision would not aller tbe present situation it can risk tbe loss of the judicial principle that pbilosophically supports the rights ?f indigenous people. Thus, the Yanomarni and the Kayapo could lose the legal basis to defend their autonomy and territories, as well as looiQg the power 10 resolve other issues still not legally defined, such as their rights over intellectual property and germ plasma. The appropriate compensatory mechanisms are yet to be CSISblished. Recent events justify the urgency of the possibility of constitutional revision. The Sources: Porantim, Revisao Constitucional 23 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 7, nos. 3-4 (Fall/Winter 1993) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Constitutional Revision in Brazil: A Threat to Indigenous Rights Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Selene Jaramillo Date A point or period of time associated with an event in the lifecycle of the resource Fall and Winter 1993 Language A language of the resource English English Zotero Title Constitutional Revision in Brazil: A Threat to Indigenous Rights Item Type Journal Article Author Selene Jaramillo Volume 7 Issue 3,4 Pages 23 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Fall and Winter 1993 Language English Abstract Note The Brazilian 1988 constitution expired October 1993 and is due to be revised. If it is revised, negative public attitudes indicate that there is reason for indigenous populations to worry that they will lose rights granted to them under the 1988 constitution. Attachment Title Constitutional_Revision_In_Brazil_A_Threat_To_Indigenous_Rights.pdf Attachment URL [No URL] Brazil Constitutional Revision Kayapo land rights Yanomami https://www.abyayalanews.org/files/original/f837b9b9116cab8898281c86198fdb39.pdf 1815245e747e71fc2d5d1c67da8ca250 PDF Text Text BRAZIL Constitutional Revision Threatens Indigenous Rights Orlando Melguelro da SUva Bare. General Coordinator of the Council ofArticulation of Indlgenous Peoples and OrganiZations of Brazil. offers these obseJVations on how Indlgenou s rlgllts may be challenged under the 1993 Constitutional revision 1n Brazil: "Brazil 1s prepal1ng to revise Its constitution. Within this, questions affecting Indian people are Involved. prtnclpally when one speaks of mtneral wealth and natural resources found 1n Indian areas. All this 1s betng looked at with big eyes by large economic groups, which worries us. 'The new Indian statute will consider the proposals presented by IndJgenous people 1n Braslla at the end of Aprll of this year. Among the questions we are constdertng are the demarcation and self- demarcation ofour land, and the exploitation of mtnerai and hydroelectric resources. "''be military1s pressing conseJVatlve leglslators. and even some on the left. so that they favor the revision of already demarcated Indian lands. ThiS despite the fact that demarcating lands 1n the border regions 1s no risk to national security. and not even the Indianswant to construct Independent states. On the contraxy. Indigenous peoples also obey the constitution, and above all we want the Brazilian government to obey the constitution. -we are looking for alternatives among them. to form a stronger alllance belweenlnc1Jgenousorganl7-ationsthemselves, with popular movements. and with the legislators who are for the Indigenous cau se. We look to merge our forces so that IndJgenous proposals be considered. and so that the rlgllts which were guaranteed tn the 1988 constitution not be overturned." Source: Iriforme Jurdtoo - Address: ComlSsaoPr6Indlo de SCWPaulo. RuaM!nlStro Godoy 1484, Salas 56 e 57, CEP 05015 Perdlzes, Sdo Paulo SP, BrazU. Suicides Increase Among Guarani Kaiova An alarmtngrate ofsuicides has been registered among the Guarant-KaJova of Brazil's Mato Grosso do Sui, caused by deSpalr at their estrangement from traditional lands and way of IJfe. According to the Indigents! MISsionary Council (CIMI) and the National Indian Foundation (FUNAI). 20 Guarant-Katova hanged themselves 1n 1992. br!nglng the suicldestoaseven-yeartotaloflOO. Ofthe20 Vol7 Num 1 & 2 who died last year. 12 were under 20 years of age (See CIMI stausucs page 18). With most of their traditional territories still not demarcated, and their lands Invaded by ranchers. the Guarani are forced to seek work on sugarcane plantations and at alcohol plants. There. they are pald very little. and are not accorded benefits proscribed for workers under law. Source: lndigenist MissiorwyCouncil (CIMI) Contact CIMl for more info rmation: 505 - Edificio Venancio Ill, Sola 3 09/1 4, C.P~ 0 367 9 CEP 7 0.084-9 70 Brasilia, O.F. Br a z il 19 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 7, nos. 1 &amp; 2, (Winter/Spring 1993) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Brazil: Constitutional Revision Threatens Indigenous Rights Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Spring/Winter 1993 Language A language of the resource English English Zotero Title Brazil: Constitutional Revision Threatens Indigenous Rights Item Type Journal Article Volume 7 Issue 1,2 Pages 19 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Spring/Winter 1993 Language English Abstract Note The 1993 Constitutional revision worries Indigenous groups in Brazil, in regards to demarcation of indigenous reserves and exploitation of natural resources on Indigenous lands. Attachment Title Constitutional Revision Threatens Indigenous Rights.pdf Attachment URL [No URL] Brazil Constitutional Revision Indigenous reserves