Posts Tagged ‘direitos’

Brazil’s largest indigenous organization ABIP objects to Amendment of Constitution that transfers authority to Congress to approve indigenous land (PEC 215)

Sunday, March 25th, 2012

See original in portuguese here

( Non-official translation by Earth Peoples / Povos da Terra )

The Articulation of Indigenous Peoples of Brazil (APIB) rejects the decision of the Committee on Constitution and Justice (CCJ) of the House of Representatives to approve the day before yesterday, March 21, 2012, the Amendment to the Constitution (PEC) 215/00 which transfers the authority to approve the demarcation of indigenous lands, protected areas and lands of the Quilombolas (Traditional communities of African decent) to the National Congress.

The decision is blatantly unconstitutional, and violates an entrenchment clause of the Constitution, which is the separation of powers, by usurping the prerogative of the Executive to demarcate indigenous lands, ripping the Constitution in regards to the recognition of the rights of indigenous peoples to their lands they traditionally occupy.
The fact that the bancada ruralista dominates the CCJ, as well as the majority in Parliament, the fate of indigenous peoples in a context like this is delivered to the power of landowners, agribusiness and other capitalistic corporations interested in indigenous lands and the riches (natural recourses) that they harbor.

The government of President Dilma, a government acting on a basis of deals/pact-making with its allied power base, has responsibility for the regressional framework against the fundamental rights of indigenous peoples as seen today in Congress and in other branches of government. It could intervene to reverse this situation, but may go down in history as silent and co-responsible for the deliberate intention of the elites of this country, as it was the plan during the dictatorship, to pave the way for the elimination of indigenous peoples, which not only depend on their land for their livelihood but the land is the very reason for their existence. This institutional violence by the Brazilian State makes it even more impossible to meet their social debt towards the first inhabitants of this country.

APIB calls to national and international public opinion to repudiate these maneuvers and demand of the Brazilian State, particularly the executive and judiciary powers, to ensure their responsibility to compliance with the Constitution and other international instruments of protection of indigenous rights, of which Brazil is a signatory.

Brasilia, March 22, 2012.

Articulation of the Indigenous Peoples of Brazil – APIB