Indigenous Peoples Rights: What Changes with the 2014 Brazilian elections?

Rafael Nakamura

The period of presidential elections in 2014 is a great time to speculate about what we can expect from Brazilian indigenous policy in the next four years. Pressured by agribusiness, a sector which represents 23% of the Brazilian GDP and 44% of total national exports, the public discourse of the leading candidates is still shy in defending the indigenous people rights. The high investments of ranchers and farmers businessmen in financing Dilma Rousseff, Marina Silva and Aécio Neves campaigns sign that it doesn’t matter who wins for the sector, as long as their particular interests are preserved. JBS, the world leader in meat processing is among the major campaign donors of the three candidates in the election pointed as the most expensive since the democratization of the country. In Congress, the ruralist bench should continue strong, electing their candidates and assuring even more space to fight for their interests. Also noteworthy are the mining companies, interested in changing the law that regulates mining in demarcated indigenous lands. The sector is also among those who donated more to the disputes over the congress and the presidency.

In her program, the candidate of the Workers Party, Dilma Rousseff, who is running for reelection, cites the critical role of traditional communities in the preservation of areas with presence of important biodiversity. Nevertheless the program does not mention, at any point, the demarcation of indigenous lands (IL) and Quilombolas, the only way to strengthen these populations and ensure the preservation of their territories. In the debates in which she participated, Dilma defends conflict resolution in ILs with the presence of farmers, preserving interests of both sides. Apparently, if re-elected, Dilma’s Ministry of Justice will continue implementing dialogue tables, model of conflict resolution started in her management. With the proposal to promote the “adjustment of rights” these tables actually put the rights of indigenous peoples as a bargaining chip, case of negotiations involving the IL Mato Preto, which was reduced from over 4000 to about 600 acres, serving the requirements of local producers. With negotiations paralyzed the government Dilma demarcated only one IL in 2013, the Kayabi IL between Mato Grosso and Pará states. Her government also signs that the process of land demarcation can be modified by removing the exclusive competence of the National Indian Foundation (FUNAI). Besides the already mentioned JBS, the campaign of Dilma had large investments of Cutrale, one of the largest in the world in the field of citrus.

Second place in the surveys of voting intentions in the first round of the elections, the candidate of the Brazilian Socialist Party (PSB), Marina Silva has historical proximity with environmental guidelines. In her program advocates that peoples and traditional communities must have their territory guaranteed as provided by the Federal Constitution. Her program is the most complete on indigenous people issues, since proposes mechanisms for conflict management to finalize the demarcation of indigenous lands, the doubt is whether these mechanisms are not the same dialog tables imposed by Dilma’s government, which in fact paralyzed the demarcations. She talks about giving greater attention on training professionals of indigenous health and adopt targets to improve the health indicators of the indigenous. Marina also proposes specific legislation for the recognition and protection of traditional knowledge, create a program to foster the creation of indigenous and quilombolas artists cooperatives and strengthen technical and politically FUNAI.

But the candidate does not explain if her government is willing to a confrontation with agribusiness to accomplish such proposals, especially regarding demarcation of lands. Her propaganda speaks of a “new policy” of reconciliation and national unity without taking into account, for example, the conflictual polarization between the fight for indigenous people rights and the economic interests of rural producers. In the final stretch of the 2014 elections, Marina has been struggling to win the support of agribusiness. When she was senator, Marina saw the changes in the Forest Code as a setback, today she is committed to the implementation of this law. The fact is that Marina can not make clear which antagonistic interests she intends to defend, in one hand defends demarcations and in the other she declares and defines herself as an ally of brazilian agribusiness. Her campaign contributors do not deny this alliance, since Marina received investments from JBS, and Copersucar largest exporter of sugarcane industry in Brazil.

Aécio Neves, of the Brazilian Social Democracy Party, argues that the regularization of the territories should be accelerated. He promises to run faster the demarcation processes to ensure the physical protection of the indigenous population and support the settlements offering public policies. However, his speech goes in the exactly same direction of what rural producers propose to the process of demarcation. Neves want to change the rules for demarcation of indigenous lands, talks about hearing the states through local governments, and also includes other organs removing the responsibility and power of decision of FUNAI. The candidate says that his parameter will be applying the 19 conditions decided by the Supreme Court in the case of the Raposa Serra do Sol (Roraima) in the other lands, a demonstration of his ignorance about the specificity of ILs throughout Brazil that must necessarily go through different solutions, especially regarding the need to correct some of the limits of lands already demarcated. Neves also received large amounts of JBS, Cutrale and Copersucar for his campaign.

Two exceptions are tha candidates Luciana Genro, from the Socialism and Liberty Party (PSOL) and Eduardo Jorge, from the Green Party (PV). Luciana Genro advocates the immediate demarcation of indigenous lands relocating the non indians farmers in places where they can ensure their survival. She believes that the stoppage in the demarcation is lack of political will to go against the interests of agribusiness. In the same way, Eduardo Jorge talks about ensure demarcation of indigenous lands according to technical criteria and not by agribusiness interests. In discussions with other candidates Eduardo Jorge proved to be informed and willing to face the problems lived by indigenous people. His intention is to promote the actual implementation of constitutional and international rights of such people including those set out in the UN Declaration which Brazil is a signatory.

The first debate with the presence of the three candidates with more voting intentions, Dilma Rousseff, Aécio Neves and the then candidate Eduardo Campos and his vice Marina Silva, was promoted by the Brazilian Agriculture and Livestock Confederation (CNA). At the time the CNA handed the document “What We Expect Of The Next President”, later delivered to the other candidates. The organization, which represents the interests of rural producers, requires that other organs besides the FUNAI be consulted during the demarcation process. They require measures to curb what they consider land invasions by indigenous and to ensure compliance of court judgments of repossession to “landowners”. They also ask the federal government to create new collegiate organs of which would be delegated part of today exclusive obligations of FUNAI. Despite the discourse of Aécio Neves is the closest to the requirements of CNA, in front of an audience consisting largely of major agribusiness entrepreneurs, the other candidates, Dilma Rousseff and Eduardo Campos* also struggled to reassure the rural producers. It became clear early in the presidential race that, whoever become elected, this person will do anything not to contradict the agribusiness.

After 26 years since the enactment of the text of the 1988 Constitution which recognizes the indigenous peoples rights to their lands traditionally occupied, Brazil has about 464 indigenous lands regularized, of a total of about 691. Among the lands not yet regularized, 119 are in the process of identification, 35 have been identified by FUNAI and 67 have been declared as indigenous land by the Ministry of Justice, and are just waiting for the approval of the Presidency. Most of the lands not regularized are in conflict areas of private interests and, only in 2013, the report Violence Against Indigenous Peoples in Brazil (http://www.cimi.org.br/pub/Relatviolenciadado2013.pdf) released by the Indigenous Missionary Council (CIMI), recorded 53 murders of indigenous people across the country. The scene is complete with attempts of changes in indigenous legislation by the National Congress, dominated by the Ruralist Bench, parliamentary group which represents the interests of agribusiness in brazilian policy. The report submitted by CIMI also notes that for every 100 indians who die in Brazil, 40 are children, revealing the chaotic state of health policies directed to these people. Of R$ 40 million designated to improve the infrastructure of health centers, the Indigenous Health Special Secretariat (SESAI) executed only $ 3 million, about 7,5% of the 2014 budget. Right now, the Federal Government attempts create the Indian Health National Institute (INSI), which would mean outsource their responsibilities and offer services even more precarious. Equally serious is the information that the state of Mato Grosso do Sul had 73 suicides cases in 2013, an average of one suicide every five days. 72 of this cases were among the indigenous Guarani-Kaiowá, mostly young people between 15 and 30 years.

The history of indigenous peoples in Brazil is marked by the daily struggle for their rights and resistance. The next four years will certainly not be different. Whoever win the president elections, we can expect that the achievements the indigenous will come only through the organization and mobilization of their communities. Over the next four years as well as throughout its existence, the Centro de Trabalho Indigenista (CTI) plan to be with the indigenous people to contribute with them on taking effective control of their territories and become each day more and more the self-creating producers of their own history.

* Eduardo Campos died on August 13, 2014, and Marina Silva, until then his vice, took over the candidacy by PSB

About Centro de Trabalho Indigenista – CTI

The Centro de Trabalho Indigenista is a nonprofit association consisting of professionals with training and experience qualified and committed to the future of indigenous peoples. Has as its identity brand the direct action on indigenous lands through projects made from local demands, aiming to contribute to that indigenous people take effective control of their territories, explaining them about the state’s role in protecting and ensuring their constitutional rights. Currently, the CTI works in Indigenous Lands inserted in the Amazon biome, Cerrado and Atlantic Forest.

The CTI was created by young anthropologists in the beginning of 1979, a period that marks the transition from Military Regime (1964-1986) to democracy in Brazil. Sectors of civil society that worked with social movements began to organize institutionally seeking to intervene in the current government policy.

From the start the CTI worked directly with indigenous people, performing actions and projects to their interests and needs from its own principles and knowledge, seeking alternative futures. This meant confronting the integrationist projects propagated by the Military Government and imposed on Indigenous Lands (ILs) according to the logic of capitalist expansion, which involved rent of lands, extensive agriculture and livestock, and extraction in forests, actions that degraded the nature in the name of “development”.

Fight the colonialist policy of FUNAI became moral duty and a political objective – beside or above the academic commitment. Engage in practice with the future of indigenous peoples is different from seeing them only as an object of study. The CTI also considered that mobilize public opinion was not enough to change indigenous policy. The work with the indians is what would strengthen their movement for autonomy.

With a continuous intervention, punctuated by activities defined by the political and social context of indigenous communities, the focus of CTI are: recognition of the land rights of indigenous people; valuing their cultural references, and environmental protection of their lands.

Territorial control and environmental management

The Monitoring of regularization involves activities related to the political pressure to accelerate the identification and demarcation of indigenous lands by FUNAI and the follow the progress of regularization. Support indigenous demonstrations for recognition of their territories and their own forms of organization and invest in the training of indians on constitutional rights, public policy and indigenous and environmental laws.

The projects of sustainable economic alternatives consists in supporting traditional activities and forms of sustainable use and implement actions of recovery and conservation considering the environmental zoning and indigenous management. Promotes development of appropriate alternatives to the internal needs of the communities and the local reality, encouraging the exclusive use and control of natural resources. Invests in the transfer of simple and non-predatory technologies for collecting, processing, and commercializing selected products according to environmental, social and economic criteria.

Ethnic affirmation

About the school education, CTI contributes to the maintenance of the cultural practices of indigenous societies enabling them to develop their own models of future. Perform projects related to implementation of schools, training of indigenous teachers and the production of teaching materials that attend to their specific realities. Seeks to broaden the discussions and reviews of the existing indigenous education policies.

In cultural projects, stimulates a series of actions aimed at indigenous peoples cultural affirmation and reproduction. Promotes various exchanges that peps the circulation of information, news, knowledge and techniques, and invests in performing rituals and meetings. Carries out projects to enable the indians to audiovisual recording, documentation and dissemination of their esthetic expressions, their histories and cosmologies, to ensure the future indigenous generations use and appreciate their cultural and intellectual heritage.