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WRM GENERAL ACTIVITIES Invited by the Thai NGOs PER and TERRA, Ricardo Carrere went to Thailand last November. The trip included visits to the Northeastern provinces of Thailand, where Eucalyptus plantations have generated strong social and environmental impacts and an equally strong resistance movement against them. Ricardo was able to learn from the local experiences and to have a first hand view of the impacts of both plantations and the Phoenix Paper pulp mill. In contrast, villagers also showed Ricardo their experiences in community forest management, aimed at securing local people's livelihoods. A report on the trip will be forthcoming. "Join Us in a Shrimp Break, Putting the Brake on Industrial Shrimp" is the motto of a campaign launched by ISA-Net (Industrial Shrimp Action Network) to join this newly created international network in support of environmental and community groups in developing countries fighting against the spread of destructive industrial shrimp farming (see WRM Bulletin Nr. 6, 12/11/97). Even if the group recognizes that wild- shrimp trawling is among the world's most wasteful fisheries, it is at present focused in denouncing the severe social and economic problems posed by the expansion of industrial shrimp farming in the last 15 years, particularly for coastal communities in Asia and Latin America. The WRM has joined ISA-Net in its efforts to defend the mangroves and the communities that live in/on them. Those interested in receiving further information, please contact: Maurizio Ferrari, Forest Peoples Programme, Fax: +44.1608.652.878, E-mail: wrm@gn.apc.org Source: M. Ferrari, FPP, 19/11/1997 "Mangrove Ecosystem Studies in Latin America and Africa" is a publication edited by B. Kjerfve, L/D. de Lacerda and El Hadji Salif Diop and published this year by UNESCO, ISME (International Society for Mangroves Ecosystems) and the Forest Service of the USDA. It includes several scientific case studies -most of them in English- in these two regions. Individuals and organizations involved in the issue can request a free copy to: - For North, Central and South America: Forest Service - USDA - For Africa: As a response to our fax dated 31/10/97 requesting information on the arrest of Nnimmo Bassey, the International Secretariat of the WRM received on 15/12/97 the following answer from the Embassy of Nigeria in Buenos Aires, Argentina: "Arrest and detention of Mr. Nnimmo Bassey I am directed to acknowledge receipt of your faxed letter dated 31st october 1997 on the above mentioned subject matter and to request you to please check your facts properly as we are not aware of the arrest and detention of Mr. Bassey as stated in your letter under reference. In the meantime your letter under reference has been transmitted to appropriate authorities in Nigeria for information. B.A. Nurudeen for: CDA" Alvaro Gonzalez participated in a Seminar on Rural Development organized by the German foundation DSE, from 24/11 to 5/12. The Seminar included a journey to Mindo -a small town to the West of Quito- where the Project Mindo-Mandillo Protective Forest was evaluated. This Project is being implemented by a local NGO -"Amigos de la Naturaleza" (Friends of Nature)- with support from WWF. Their aim is to protect a 19000 hectares of natural forest -90% of which still primary- from logging for coal production and clearing for cattle raising. In spite of the efforts carried out by this enthusiastic group of young people, its merely conservationist approach seems to be a major obstacle for the success of the project. WRM CAMPAIGNS - Indigenous Assembly of Tupinikim and Guarani The Ist Indigenous Assembly of the Tupinikim and Guarani took place in December 8th at the Community Center of Coquerial in Aracruz. The organizers consider that the event was a success. There were about 200 indigenous people participating (160 Tupinikim and 40 Guarani) of all the six villages. Most important authorities were the vice-governor of Espirito Santo, the secretary of justice of Espirito Santo and the attorney general of Espirito Santo. Two other regional indigenous movements -APOINME and the Council of Indigenous Peoples of Minas Gerais- also sent representatives. There were 3 state members of parliament present and a large number of social organisations including the Church and the workers union SINTICEL. Notorious abscences were that of the Minister of Justice and of the President of FUNAI. They did not send a representative either. This fact was strongly denounced by the assembly. The indigenous peoples decided to make a statement of support to SINTICEL, since the whole directory of the trade union has been sent to court by Aracruz Celulose, because they showed their indignation with measures by the company to cut in health benefits of the workers . SINTICEL is seeking for support in this struggle by asking activists to contact trade unions in all countries to write to Aracruz Celulose expressing their disagreement with its attitude. The assembly stressed that nowadays in Brazil, indigenous peoples will only succeed in guaranteeing their rights if they struggle, and if they take their own decisions. The final declaration of the Assembly is included as an Annex in this Bulletin Source: Winfried Overbeek, CIMI-Leste, November 10 1997. About 300 Iban of Rumah Bangga longhouse, about 100 kilometres from the town of Miri, put up a blockade to protect their Native Customary Land after two companies, Segarakam Sdn Bhd, and Prana Sdn Bhd. -which are contractors to Empresa (M) Sdn Bhd.- trespassed on and cleared their land, which resulted in extensive damages to their property. Without notice or consultation with the Iban, the land and Survey Department -a Sarawak State government department- had issued a provisional lease to Empresa (M) Sdn Bhd, an oil palm plantation company. Even if according to the law a survey must be done first over the leased area to determine whether other people have rights over the same area of land, the area covered by the lease includes the Native Customary Land of the Iban. However, the Iban first and only came to know of the issue when the machines of Segarakam Sdn Bhd and Prana Sdn Bhd trespassed and started clearing their customary land. Then the Iban lodged a police report at Beluru Police Station, in Bakong, Sarawak. They also addressed the Land and Survey Department ad other government departments requesting that the lease be withdrawn or revoked or that a survey be done so that their land could be excluded from it. Their requests were completely ignored by the authorities. Worried that the companies would continue to destroy more of their land and crops, the Iban reacted and put up a barricade, that was rapidly destroyed. Left with no other alternative, they were forced to detain three bulldozers belonging to the companies which they kept safely at their longhouse. The companies, instead of going to the court apparently went to the police and Police Field Force (PFF). On December 19, acting without any court order, warrant or summons, the police and PFF took it upon themselves to retrieve the bulldozers from the Iban at their longhouse on behalf of the said companies. On their arrival at the Iban longhouse they immediately proceeded to arrest and detain the Iban, that turned from victims into criminals. Naturally they refused to be arrested since they were just exercising their rights to private defense to prevent their properties from the offences committed by the companies on their customary land. The police and the PFF reacted violently: several of the Iban were beaten-up with batons, punched and kicked. Without any warning or warning shots, three of the Iban were shot, one in the head. He is now in the intensive care unit of the Miri General Hospital and in critical condition. On December 21 the police surrounded the longhouse,and a helicopter is patrolling the area. The PFF from Sibu and other parts of the State have been called to the area. The area around the longhouse and the only road leading to the longhouse is heavily patrolled by police and people trying to get to the longhouse have been denied access. Eleven people of the longhouse have been menaced by the Baram district Chief of Police to be arrested and taken to Miri town. The people in the longhouse are scared of what is to follow. Once again Sarawak authorities and the Police are infringing the rights of native people and have resorted to a gravely unreasonable and arbitrary action in the dispute. To express your concern for this violent actions and claim that indigenous rights are once and forever respected you are invited to send faxes to the following persons: YAB Dr. Mahathir Mohamad YAB Dato Seri Anwar Ibrahim YB Datuk Patinggi Tan Sri Abdul Taib Mohamud YBhg. Tan Sri Abdul Rahim Noor The Rt. Hon. Tan Sri Dato' Seri Hj. Mohd Eusoff Chin The Chief Judge of the High Court in Sabah and Sarawak For more information contact Borneo Resources Institute (Fax: 00 60 85 438 580, e-mail : bri@tm.net.my) or Kazuko Matsue (e-mail: mkazuko@sanmedia.or.jp) - Sarawak: Pressure was effective Sarawak NGO people have asked us to thank all those who sent faxes in support of the Iban people imprisoned last June. They stressed the importance of those messages in achieving the release of those imprisoned. A new call for action is now requested (see above article on Sarawak) and we hope to count once again on your cooperation. LOCAL STRUGGLES AND NEWS AFRICA - South Africa: "social benefits" of industrial tree plantations The Forest Owners' Association recently released a report from results of a survey during the first nine months of last year on "crime and violence" in the so-called South African forests (in reality large industrial eucalyptus and pine tree plantations) in the Kwazulu Natal area. The survey covered 54% of total afforestation in the country -over 800.000 hectares. According to a company's forest manager, plantations "were increasingly becoming safe heavens for people who lived in violence-torn rural townships, which mostly neighboured the plantations." Crime, arson and theft were the main problems highlighted by the survey. Crime against individuals resulted in 380 deaths and 115 seriously injured people. According to the report, "people were being shot on the way to work, timber-carrying trucks were being fired at, and intimidation was becoming a serious problem." Arson was responsible for 1093 or 74% of all forest (plantations) fires and 2825 hectares were damaged by arson during the period. Some 30.000 tons of timber was stolen in the same period. Industry is "deeply concerned" about the issue and the largest corporations (including Mondi and Sappi) have met the South African Police Service and the South African National Defence Force to find solutions. It has also had to invest heavily in security, fire fighting and communications equipment. Source:"Crime joins arson as a threat to forest profitability", Business Report (South Africa), December 10 1997 ASIA - Vietnam: a "paper tiger" in South East Asia? Between 1974 and 1990 the Swedish International Development Agengy (SIDA) invested over U$S 1 billion in a project for a pulp and paper mill in Vietnam, as a way of showing the opposition of former Prime Minister Olof Palme and his government to the United States policies towards that nation. After a feasibility study performed by the Finnish forestry consultant group Jaakko Poyry in 1974, SIDA hired the Swedish company WB Systems AB to build Bai Bang pulp and paper mill in Vinh Phu province, northern Vietnam. Five years later, due to increasing problems in the process of construction, a consortium of Scandinavian companies -Scanmanagement, 60% owned by Jaakko Poyry- took over the task. The first stage was completed in late 1980 and in 1982 the second phase started. Several problems emerged in the first five years after completion, since post-war Vietnam lacked the necessary technical capability to maintain and run such a huge mill, as well as enough foreign currency to import the spare-parts and chemicals needed for pulp and paper production. SIDA provided technical staff and supported Vietnamese exports of paper to Korea, Taiwan and Japan. Since Bai Bang began to operate, it has had problems in finding enough raw material to meet its design capacity. A concession of 200,000 hectares of forest land granted in 1982, was expanded to 1,200,000 hectares in 1983 and to 4 million hectares in the late 1980s, affecting natural forests situated in the provinces of Ha Tuyen, Hoang Lien Son and Vinh Phu. An investigation of the socioeconomic conditions in 1985 concluded that conditions for the forestry workers of the project were poor, with low pay and forced labour. To face the problem of wood shortage, SIDA established 6,500 hectares per year of Eucalyptus camaldulensis, Pinus caribaea and Styrax tonkinensis plantations. But these plantations were often not successful, since in many cases village people resisted the competition for land use that plantations meant for their cattle breeding and agriculture. Environmental impact of the mill on local communities of the surrounding villages of Phuloc, Phulo and Phunham was also severe: effluents from the Bai Bang mill have been poisoning for years agricultural rice land and rivers. A total of over 50,000 m3/day of waste water -containing 3 to 6 times as much untreated pollutants as in Scandinavia- is discharged into the Lo and Red Rivers. In 1993 the Bai Bang paper company had to pay US$ 1800 to the people of Phunham as a compensation for its polluting activities. Even if SIDA cancelled further contributions to the mill in 1990, problems have not dissapeared, since Vietnamese Ministry of Light Industry -now in charge of the mill- kept on importing pulp wood from Thailand and Indonesia to keep the industry in operation, while pollution is not being controlled. The Ministry is also looking for foreign funds to expand the mill but until now no donors have been found. In the meantime, the pulp and paper industry in Vietnam continues to expand: Oji Paper (Japans second largest paper manufacturer), Central Trading and Development (Taiwanese consortium) amd Itochu Corporation (one of Japans largest trading companies) are involved in fast-growing species' plantations. Vietnam already has over 245,000 hectares of eucalyptus plantations. Source: Chris Lang. Bai Bang Pulp and Paper Mill: Paper Tiger? Watershed. Peoples Forum on Ecology. vol. 2 Nr. 3. March-June 1997. - Indonesia: Mega-project in Central Kalimantan It seems that problems for the Dayak people in Central Kalimatan do not cease. While they are still suffering the consequences of this years enormous forest fires, the mega-project launched by President Suharto at the beginning of 1996 to convert around 1.5 million hectares of peat swamp forests into rice-fields keeps on going, in spite of the local and international protests, and of the recommendations made two months ago by the EIA carried out in the area. A report produced by Jakarta-based NGO PAN-Indonesia shows how the local way of life, that makes the best of available resources, is being sacrificed to this project. The production of rattan, purun grass (local palm tree) and fish that the Ngaju Dayaks of Dadahup used to obtain is being replaced by Green Revolution varieties of rice, such as IR66, Cisanggarung and Membrano, that need great quantities of chemicals. The government had promised to pay out compensations for the rattan plantations, fishponds and canals but none have been settled until now. Besides, local people are becoming more and more dependent on the project work through contractors, since their cultivated lands are being wiped out. According to the Centre for International Forestry Research (CIFOR) the project will also have long term implications for the hydrological cicles in the area involved, causing floods and droughts that will affect people living downstream the River Mengkatip. The International Fund for Animal Welfare (IFAW) has suggested the Indonesian government to abandon this questioned mega-project. Source: Down to Earth Nr. 25, November 1997 SOUTH AMERICA - Amazon: Destruction by logging and fires continues Deforestation and widespread burning of the vast Amazon rainforest are on the rise and air quality in the region is suffering. According to satellite data, burnings in the region -whose consequences are similar to those that affected Southeast Asia- are up 28% since last year; combined with logging, about 5,800 square miles of land are deforested each year. Deforestation figures for 1994 -the most recent officially available- show a 34 percent increase since 1991. Another 4,200 square miles are thinned out due to logging alone. But there is more: a recent study performed by the Woods Hole Research Center and the Amazon Environmental Research Institute estimated that for every acre that shows up as cleared and burned in satellite images, another partly burned or logged acre goes undetected beneath the forest canopy. Logging promotes a dried environment what creates conditions for burning. "Deforestation has done nothing but go up," said Stephen Schwartzman of the Environmental Defense Fund. "Where the most money has gone is where the fires have increased the most." The group noted that half the fires recorded this year were in Mato Grosso, where the World Bank lent $205 million to save the rain forest in a natural resource management program. A report by the EDF warned the Amazon "may be edging closer to catastrophic fire events," and predicted "potentially enormous global consequences". Actions of the Brazilian Environmental Protection Agency (IBAMA) to protect the Amazon are feeble and sometimes contradictory with other official agencies' policies. The pace of destruction appears to be dictated more by the marketplace -represented by powelful national and foreign agents- than by any government measure. A bill to strengthen IBAMA, stalled in Congress since 1991, passed the Senate this year and it is now idling in the House, where the Brazilian Federation of Industries is lobbying against it, on the ground that threats of cash fines and prison will open the way for corruption. Besides, the demand in Europe and the United States for hardwoods like mahogany, used for furniture, has promoted large illegal logging operations throughout the Amazon. As stated in WRM Bulletin nr. 5 (16/10/97) about 80 percent of all logging in the Amazon is illegal. Sources: D.J. Schemo, New York Times, 2/11/1997; The Gallon Environment Letter, 18/11/1997; Kenneth Walsh, EDF, 3/12/1997. - Ecuador: Protective Forests in danger Resolution nr 007 of INEFAN -the Ecuadorian Forestry Agency- shows that, surprising as it may seam, it is in the way to permitting mining activities in forests that are part of the State National Forest Heritage. According to the Forestry Law, mining is not included among the authorized activities to be developed within Protective Forests. One example of the environmental impact of mining on forests is that of Rio Tinto Zinc (RTC) at Molleturo Protective Forest. The forest is located in an area that embraces 25 watersheds located in Molleturo and Mollepungo mountain chains in southeastern Ecuador. RTC has developed mining activities at the Podocarpus National Park and at Toisan mountain chain. Molleturo region has a population of 12,000 people, organized in 70 communities. The presence of RTC has generated social conflicts on land tenure and divison among the communities. Japanese firm Bishimetals is another mining company involved in destructive activities in Ecuador. The exploratory fase for mineral exploitation at the buffer zone of Cotacachi Ecological Reserve, in Imbabura Province, is polluting the Junin River, which has raised the opposition of local communities, which after being ignored by the company have taken direct actions against a mining camp. As a response, the Government of Imbabura has sued social leaders Polibio Perez and Luis Torres. On October 24, the WRM International Secretariat sent letters in support of those leaders to the provincial and national authorities. Accion Ecologica is demanding the State to carry out its responsiblities in defense of the natural heritage and the rights of local communities in Ecuador. Source: Lucia Gallardo, Forests Campaign, Accion Ecologica The Venezuelan Guayana Corporation (CVG) and Venezuela's Ministry of Energy and Mines (MEM) are shown to have given questionable authorizations to 12 ghost companies to mine within the Imataca Rainforest Reserve. At the same time, the Ministry of the Environment and Renewable Resources (MARNR) is claimed to have topped the irregularities by handing out permits to gold mining companies that didn't even bother to back up their bids for lots showing studies on the impact of mining activities on the eco-system. All these and more revelations are emerging from the House of Representatives' Energy and Mines Committee. It is clear that there is complete and utter disorder in the mining sector and that the MEN and the CVG have shown a patent disregard for legalities. Yet the fact remains that the original argument put forward by the Venezuelan government (Apertura Minera, May 14, 1997) in favour of legal mining concessions and contracts was to put a halt on existing anarchy and illegal mining activities used by the wildcat miners ("garimpeiros"). According to the Committee's report, at least 12 ghost companies "gave addresses that didn't correspond with any mining companies." The allegedly "faceless" companies are named as: Universal Mining Company (15,000 hectares), Mirko & Marquez, Minetoca (1,336 hectares), Suramericana de Mineria, Representaciones El Rama, Minerales Yuruani, Inversiones Vipago, Inversora Mael (1,250 hectares), and Suarez Concessions I & II. According to data at his disposal, Congressional Energy and Mines Committee President Bernardo Alvarez says that even if prior to the Ordinance Law, some 436 lots had been granted in the Imataca Rainforest Reserve, this doesn't tie in with CVG and MEM figures and the Ministry of Economic Coordination and Planning (Cordiplan), where only 300 lots are registered. Even though it is expressly forbidden to sell titles to third parties(without special permission from the CVG), the following companies were sold to third parties without special permission: Krysos Mining (10,076 hectares, General Mining, Minera Alda (2,000 hectares), Mining Consortium Miamo, Latinvan Metal, Gold Reserve de Venezuela, Minera La Fortuna, Minera Aurus, Tecno-Geo, Vetas de Vuelva Caras, Mining Consorcium Laguna de Santa Rita, Minera 11-90, Zuplan Development, Minera 41087, Minera 6560433, Goldwana Investments, Multioca, Minera Internoro, Contigol, Minera Mosbel, Minera Uwe, Corpoaurifera, Minera LL (8,141 hectares), Mineras Estratos, Desarrollo Minero, Corporacion Minera Cuyuni and Greenwich Resources (14,998 hectares). The Committee recommends that a list of detected ghost companies be sent to the Attorney General's Office "to request the suspension of contracts or concessions" as well as the intervention of MEM's Mines Board and the CVG's Mining Vice-Presidency to determine its administrative and managerial situation. It also asks that there should be an accelerated investigation to determine the implication of civil servants in granting concessions and contracts, supervision, control and monitoring and to apply corresponding punishments. It is also requested that the Finance Ministry should take legal action against companies that refused to answer the questionnaire, violating Article No.160 of the Constitution. Source: AMIGRANSA, 24/11/97. - Mapuche Indigenous Peoples new web page Corporacion Mapuche, based in Temuco, Chile, invites you to visit their web page, the first one produced in Mapuche territory. It contains articles, photographs and general information on this indigenous nation. The address is: www.geocities.com/CapitolHill/Lobby/9478/XEGXEG.htm Our Mapuche friends invite you to send your comments and suggestions on this web page to: cmxegxeg@entelchile.net OCEANIA - Papua New Guinea: mining expansion causes unrest Papua New Guinea is located in the eastern part of the island of New Guinea and borders with Indonesia. The opening of the economy to foreign penetration has promoted the exploitation of natural resources at a level that has seriously damaged the environment. One of the most conflictive activities is that of mining. The mines of Bougainville and Ok Tedi boast the largest copper deposits in the world. Last September the International Secretariat of the WRM -as well as the Oxford office- expressed their concern for the death of four indigenous Ekari men, that took place in August 20th, in the area of the Grasberg mine in Irian Jaya. Freeport-Rio Tinto appeared to be involved in these events, even if in a letter sent as a response to ours, the company not only denies any connection to these abuses, but also mentions its determination to cooperate with indigenous groups of the area. The death of local peasants was followed by disturbances that the Papuan Armed Forces violently repressed. A few days later, the security forces ordered the community of Mimika district to hand over to them all sharp implements, which left people defenceless and deprived of their tools for agricultural, hunting and ceremonial uses. To face increasing local and international criticism, Freeport-Rio Tinto decided to transfer 1% of profits of the mine to community development projects. This attempt to bribe indigenous people was rejected by LEMASA, the tribal council of the Amungme people. Puppet foundations were set up to ensure that funds were disbursed. But one year later a report by the Indonesian Human Rights Commission recommends that a more effective and clear way of transferring funds has to be found. Representatives of the three churches based in Mimika have categorically rejected any more funds, whose misuse has raised conflicts. At the same time, the environmental impact of Freeport-Rio Tinto's mining activities have shown to be severe: flooding of forests and homes caused by the dumping of waste rocks on the Ajkwa River system downstream of the mine, and levels of mercury in the above mentioned river four-times higher than the maximum allowed of 0,001 mg/l. In spite of these facts, the company continues to push ahead with its expansion project, while the government turns a blind eye on the impacts. Source: The World Guide 1997/1998. Down to Earth nr. 35, November 1997. - Australia: Eucalyptus natural forests under threat The federal government has handed over the regulation of forests to the state of Tasmania in the country's first state-wide Regional Forests Agreement (RFA). Export woodchip quotas have been abolished in a package giving an unprecedented legally binding guarantee against federal interference in a state's forests. North Limited, the biggest woodchip exporter has already announced plans to raise production from Tasmanian native forests, that currently reaches around 3,4 million tonnes annually. In exchange, some 50,000 hectares (123,550 acres) of land will be added to National Parks, but it includes few "icon" areas sought by environmentalists to extend the Tasmanian Wilderness World Heritage Area. Officials defend this decision and stated that general criteria were met, for setting aside 15 per cent of each forest community, 60 per cent of old growth forests, and 90 per cent of wilderness. However, Tasmanian environmentalists say the reservations provided only small patches of additional reserved trees. The very tall eucalyptus forest of Beech Creek in the island's centre has got trees exceeding 80 metres in height, what makes them some of the world's tallest flowering plants. Beech Creek was assessed by scientist advisors to the RFA as possibly the best global expression of the species. Nevertheless, only one third of the proposed reservation was set aside. A US$95 million compensation package is to help the industry move out of some reserved forests to plantations and forest thinnings. Industry leaders consider that the agreement would lead to hundreds of new jobs. According to the Forest Industries Association of Tasmania, the RFA would give the industry 20 years of stability and resource security, and would mark the end of constant battles with "the Australian Heritage Commission and a host of other (federal) government points of interference." The Wilderness Society instead states that the industry is being given money and unlimited woodchip and log exports. The new reserves mainly consist of areas already rejected by loggers. Source: Andrew Darby, Forest deal sets new rules for Australia, Envirolinks, 21/11/97. In WRM Bulletin nr. 3 (8/8/97) we informed about the struggle of Friends of Hamakua, in conjunction with local farmers and community organizations, to stop eucalyptus plantations planned by Prudential Insurance Co.and Oji/Paper Marubeni in the Big Island of Hawaii. The organization also presented an alternative land use plan for the area. A final decision by the regional authorities was expected. We are very happy to inform that Friends of Hamakua has sent us a postcard containing the following text: "On November 14 the full moon, amidst the howling public. The Hawaii DLNR voted down the pulp proposal! Thank you so much for your help in creating this rare and unusual turn of events. Hamakua residents extend to you our warmest aloha". Document of the Ist Indigenous Assembly of the Tupinikim and Guarani. By way of this document we want to bring to the attention of the Minister of Justice, Iris Resende, the documents no. 08620.1352/97-74 and no. 08620.1353/97-10, which refer to the unification of the indigenous lands Caieiras Velhas and Pau Brasil, and the extension of the indigenous land Comboios. The extension in total of our lands will be more than 13,579 hectares. The Federal Government has already complied with two phases of the administrative procedure for the demarcation of our lands. It realised the identification of the area and has analysed the contestations presented by Aracruz Celulose. Soon afterwards the documents were sent to the Minister of Justice to comply with the third phase: the signature of the decree for the delimitation, declaring the boundaries and determining the demarcation of our lands. In the act of the Minister of Justice, dated 4 August 1997, the Minister recognized that we have the legitimate right of permanent ownership to the lands that we have traditionally occupied and he rejected Aracruz Celulose's contestations, because they lacked legal basis. At the same time, he asked FUNAI to do an additional study. This request has already been attended by the Working Group GT 0783/94 of FUNAI within the legal period of 90 days. This means that since 4 November 1997 we have been waiting of the Ministers final decision, in other words the signature of the decree for the delimitation of our lands. We want to emphasize the importance of our struggle, because our needs are great. We cannot wait for much longer, for we have been fighting for four years and we still have not received a decision. First our struggle is just and supported by the Federal Constitution, which states in Article 231: "The social organisation, customs, languages, beliefs and traditions of the Indians shall be recognised, as well as their native rights to the lands traditionally occupied by them. The Union shall be required to demarcate that land, to protect it, and to make others respect the property of the Indians". Second it is necessary for us to get back our lands, for the land we occupy at the moment is not sufficient to grow enough crops. As well we not have space for the new families in the villages nor can we offer our displaced Indian brothers a place to live. We want more land so that we can live in liberty, according to our culture and tradition. Third we are not only worried about the teenagers, adults and elderly of the villages, but we are also thinking of the future of our children. If we continue to live on the little land we have, where are they going to live? We also want to reforest our land so that they will have better living conditions. The reason why we have this problem at this moment, is because the Brazilian Government allowed Aracruz Celulose to invade our lands. Now we want the Government to correct this mistake and to give back the lands we are claiming. We want justice to be done, because at this moment Aracruz Celulose has the use of our lands without a legal basis. Whereas we the Indians have the support of the laws, but we do not have the ownership of the lands. We know that the Minister of Justice does not have a time set when he will hand down his decision. However, we cannot wait any longer because all of this does not make sense. We are absolutely convinced that the moment for a final decision has come. All the necessary studies have been done, the arguments are clear, precise and legitimate. We are also very worried about the fact that Aracruz Celulose is using all its power and influence to pressure the Brazilian Government. Because of all these reasons, we the Tupinikim and Guarani, gathered at the Ist Indigenous Assembly, urgently request the Minister of Justice to sign the decree for the delimitation of our lands. We are willing to wait for an answer until 20 January 1998. After that date we will take all the necessary measures to guarantee our rights. We are sure of our rights, and we hope that the Minister of Justice will take a decision soon that will take into account our claims and we hope that our friends and supporters will continue to help us in this struggle. Coqueiral (ES), 8 December 1997 This document is signed, on behalf of the Tupinikim and
Guarani communities, by their chiefs: |
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