Groups of the seven races of Tocantins and Goias require immediate repeal of a rule that takes away the rights of the indigenous peoples over their lands and will deliver the manifesto on Wednesday to the Advocate General of the Union.
Indigenous communities again mobilize against Ordinance 303, AGU (Attorney General's Office), which prohibits the expansion of ILs (Indigenous) and allows deployment works in these areas without consulting the people affected.
About 40 indigenous ethnic groups of seven of Tocantins and Goias, staged a protest outside the headquarters of the AGU in the early afternoon yesterday in Brasilia, and managed to meet with the deputy attorney general, Luiz Fernando Faria Albuquerque.
The group demanded the repeal of the ordinance and wanted to be heard by the Solicitor General, Luís Inácio Lucena Adams, to deliver a manifesto against the norm (see text below). Adams was in a meeting at Planalto. The mobilization also urged the halt in the construction of the Belo Monte Dam (PA).
Indigenous people were upset because they could not enter the AGU headquarters after security shut the door. The deputy attorney-general had invited the group to an impromptu meeting in the cafeteria of the building.
After hours of conversation by telephone Adams agreed to receive the protesters on Wednesday. On day 14, he had already received indigenous leaders from around the country.
Published on July 17th, Ordinance 303 was suspended by AGU after several demonstrations against the indigenous organizations and indigenous and the Funai (National Indian Foundation) for which the Indians were consulted. The suspension ends on Sept.24th.
Funai advocates the repeal of the standard and has determined that it is impossible to perform a query on the subject with the indigenous communities of the country in just a few weeks.
The Board believes that the matter should be discussed in the round of discussions already started with the indigenous peoples and organizations to regulate the right to prior consultation, free and informed.
Funai will take a joint position on the ordinance at the meeting of CNPI (National Commission on Indigenous Policy) that happens this week in Brasilia. The college is composed of indigenous organizations and indigenous and government agencies.
Leaders harshly criticized the government's attitude of not consulting indigenous communities and once again demand the repeal of the ordinance. Indigenous points cudgels for deputy attorney general of the Union during the meeting.
In Mato Grosso, the Indigenous sealed off the BR-364, near Cuiabá, and BR-174, in the city of Comodoro, in the western region of the state. The protesters also demand the repeal of the ordinance. Even this morning, the barriers have remained.
Ordinance or Constitution
"The ordinance contradicts the indigenous rights in the Constitution. It is not right that the AGU change the law. What's worth more: a doorman or the Constitution? " asked Anthony Apinajé.
According to him, the standard edition of the AGU is encouraging threats and intimidation of landowners and occupiers of TIs. "We understand that AGU should protect indigenous lands, territories which are federal, not open them to strangers, dams and mining," he criticized.
Indigenous leaders are again criticizing the fact that they were not consulted by the government and warned that further protests will take place in Brasilia and other parts of the country until the standard is revoked.
ILs Tapuia (GO), Krahô-Kanela, and Ava-Apinajé Canoeiro (TO) were mentioned as examples of areas that need to be expanded because of the growth of their populations and poor living conditions they face. The four lands already have processes in place that expansion may be adversely affected by the ordinance.
Albuquerque Fernando Faria admitted that revocation is also assessed by AGU. "Yes, may be. There is also the possibility of repeal, "he said.
He argued that the goal of the ordinance was not flexible to any indigenous law and said the AGU also examines the question of the validity, for all ILs, the determinants of the decision of the Supreme Court (Supremo Tribunal Federal) on the Raposa-Serra do Sol (RR), in 2009.
Ordinance 303 reproduces the conditions established by the late minister to confirm Menezes Law demarcation continuous area and removal of non-Indians of Raposa-Serra do Sol.
There are requests for information about the constraints filed in the Supreme Court, including whether they apply to other cases. There are still decisions and statements of ministers of the Supreme Court that the restrictions can not be applied to other TIs. For these reasons, lawyers believe that the court's decision is still open.
Faria said the AGU is not against the expansion of TIs already demarcated, but defended, as the text of the ordinance, that the extensions need to be performed when serious errors are identified in the marquee to give legal certainty to the process.
The attorney general of Funai, Chiarelli Francisco, attended the meeting and confirmed that it was questionable whether the Supreme Court decision could be made into a general rule. Chiarelli said the agency is concerned about the possible exacerbation of conflicts in the field.
~ Manifesto of the indigenous peoples of Goiás and Tocantins on Ordinance 303 of the AGU
By Hon. Mr. Luís Inácio Lucena Adams
Head of AGU - Attorney General's Office
We, representatives of indigenous peoples of Goiás and Tocantins; Krahô, Apinajé, Xerente, Karajá-Xambioá, Ava-Canoeiro, and Tapuia Krahô-Kanela meeting on August 27, 2012, in Luziânia-GO, we are publicly manifest and protest Ordinance 303 AGU-Attorney General's Office, issued on July 16, 2012.
We believe that this measure signed by Mr. Luís Inácio Lucena Adams, head of the AGU, is misplaced, and a serious affront to the Constitution of Brazil, also representing a serious and grave violation of our rights, sendojunto with other measures and proposals, as is the case of 215 PECs and 38. These instruments clearly political character come only add more problems, countering and attacking our rights guaranteed by the Constitution.
Since this measure is also blatant disregard and trampling the hierarchy of powers that be, because we know that is not the competence AGU issue any document with purpose to change or alter what the Constitution says.
We reject with more conviction this measure that threatens our future, because this document is to restrict our rights and impose an authoritarian way, also does not respect the international agreements and treaties ratified by Brazil, such as ILO Convention 169 - International Labour Organization Declaration and UN on the Rights of Indigenous Peoples.
Ordinance 303 also encourages violence contributing to incite animosity in areas of conflict, because it is creating expectations for groups interested in exploring and stealing indigenous territories, if not overturned the measure may potentiate the conflict, causing more violence and deaths of indigenous throughout the country
In these terms we are demanding immediate revocation and annulment of this Final Decree 303, which compromises and attacks directly the Article 231 and 232 of the Federal Constitution of Brazil, and is causing much confusion and impacts on indigenous communities throughout the country
Luziânia-GO, August 27, 2012.
Sincerely, indigenous leaders of Goiás and Tocantins.