Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Sunday, February 23, 2020 12:09:46 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Saving the indigenous lands

By
21st-Dec-2014       
Share
  • Twitter
  • Google+
  • Save
  • E-mail
  • Print
Comments
Share your thought
Post a comment »
Read all () »

Valdenor Junior :
Imagine that the title on your house would be recognized only if Congress approved it. Would you feel safer or less secure? This reality is already faced by millions of Brazilians who live in the favelas and have their possessions subjected to this political game. A game that should be extended to the indigenous peoples of Brazil, according to several congresspeople.
The Proposal of Constitutional Amendment (PEC) 215 - which was supposed to be voted on December 16 until the vote was canceled due to protests by Indians - is intended to change the land demarcation regime of indigenous lands, which will depend upon politicians' approval. Currently, Article 231 of the Brazilian Constitution states that "Indians' social organization, customs, languages, beliefs, traditions, and originary rights over lands they occupy are recognized, and it competes to the federal government the demarcation, protection and respect to said possessions." The first paragraph of the article defines which are those lands:
 "Those inhabited by Indian peoples in a permanent capacity, those used by them for their productive activities, those which are indispensable to the preservation of environmental resources required by their welfare and those necessary to their physical and cultural reproduction, according to their uses, customs, and traditions."
Thus, the federal government is supposed to stipulate the boundaries of indigenous lands. When we speak of the federal government, of course, we mean the executive branch, via organs such as FUNAI (the National Indian Foundation). The several steps undertaken by the demarcation process can be found on their website.
None of them are essentially political. Technical and anthropological criteria are used to recognize a preexisting right to permanent possession, the same way that the regularization of the property of any citizen, in rural or urban areas, uses some criteria to register existing but undocumented properties. The process for indigenous peoples is different because of an ethnographic matter: their possession regime is different, regulated by specific uses and customs. But mostly the same rules apply in both cases.
The procedure is an administrative one and is supposed to verify whether there is actual possession over the land and whether it is legitimate. If it is not considered legitimate, the courts step in. The discussion, however, becomes legal, not political.
PEC 215 would change that scenario, giving the Brazilian Congress the exclusive right to approve demarcations and ratify the existing ones. With a sufficient majority, subjected to intrigue and ad hoc coalitions, land demarcations in Brazil can be slowed to a crawl, making the Indians' situations even more unbearable than they are.
In that case, what could happen to the Munduruku communities that live along the Tapajos river, where the government intend sto build several dams that will flood the entire region? They did not wait to find out: Seeing the government's negligence in recognizing their traditional rights and its impressive efficiency in the hydroelectric project, the Mundurukus from the Sawre Muybu community established the limits of their lands themselves and now got themselves into a legal battle against the Brazilian government (incidentally, you can donate for their cause on Indiegogo).
The common rights to the land are extremely fragile in the current regime and would become even worse if it is up to the politicians.
And it is both a violation of the indigenous communities' rights and a regression. Change should strengthen their rights, not make them even flimsier. Their lands should not be property of the Brazilian government anymore. The land, with "usufruct" by the Indians, should become common property, as is already the case in the Quilombola (fugitive slaves descendants) communities.
Change is expelling the state out of the Indian lands. PEC 215 intends to smash indigenous rights to the land. It intends to make the state ever more present in the lives of Indians. It should be rejected.
(Translated into English by Erick Vasconcelos.)

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Govt incapable of deciding how to deal with Rohingya crises


NEWSPAPERS reported that the government is shifting its previous stance on sheltering one lakh Rohingyas to remote Bhashan Char due to constant objections from the international community, especially the aid agencies. Bhashan Char is only 25 kilometres from Sandwip Island and it has a fast siltation rate. There is also ...

Football »

Lewandowski double edge Bayern past bottom side Paderborn


Bundesliga leaders Bayern Munich squeezed past bottom side Paderborn 3-2 on Friday as Robert Lewandowski netted twice to spare goalkeeper Manuel Neuer's blushes in their final game before facing Chelsea in the Champions League.Lewandowski now has a league-leading tally of 26 goals in the top flight, illustrating his importance to ...

Entertainment »

Priyanka wishes Sophie a happy birthday


Priyanka Chopra has shared a sweet birthday wish for sister-in-law and Game of Thrones actor Sophie Turner on her 24th birthday. She shared a picture from the 2017 MET Gala where she not just made her first appearance with now husband Nick Jonas but also met Sophie. Sharing the picture ...

Sports »

Venezuela's Rojas sets new indoor women's triple jump world record


Venezuela's Yulimar Rojas on Friday set a new indoor women's triple jump world record of 15.43m at a meeting in Madrid.The 24-year-old world champion bettered the previous world record of 15.36m set by Russia's Tatyana Lebedeva in Budapest in March 2004.Rojas's new mark also left her just seven centimetres short ...

International »

Sanders condemns Russian interference in 2020 elections


Agencies :Bernie Sanders on Friday condemned Russian interference in the 2020 election, telling Russia President Vladimir Putin that "if elected president, trust me, you are not going to be interfering in American elections."Sanders issued a statement in response to The Washington Post's report that the Vermont senator was briefed by ...

International »

China's President expresses thanks to Bill Gates help for tackling virus epidemic


AFP, Beijing :Chinese President Xi Jinping has written a letter expressing thanks to the Bill & Melinda Gates Foundation for the organisation's "generosity" and support tackling a deadly virus epidemic, state media said Saturday.The outbreak of the new COVID-19 strain has claimed 2,345 lives in mainland China and infected more ...

Entertainment »

Angrezi Medium’s song Ek Zindagi is all about living dreams


Homi Adajania’s upcoming comedy-drama film Angrezi Medium is about the lovable relationship between a father and his daughter. The chemistry of the relation is portrayed beautifully by Irrfan Khan and Radhika Madaan in the trailer and now the makers have released the first song from the fil titled Ek Zindagi ...

Football »

Messi sees 'strange' things at Barcelona after social media row


Lionel Messi said Wednesday it was "strange" to see Barcelona locked in a row over a company accused of criticising current and former players, including himself, on social media.Barcelona president Josep Maria Bartomeu said on Tuesday the club had terminated its contract with PR company, I3 Ventures, who had been ...

Editorial »

21 February should be celebration of free speech


THE historic Amtala, where Language Movement activists gathered on February 21, 1952 to defy a curfew and protest the then Pakistan government's refusal to recognise Bangla as one of the State languages of Pakistan is covered by encroachers.Pakistan government was ultimately compelled to include an article in the country's Constitution ...

International »

How Trump visit could leverage CAA and Kashmir against PM Modi


Agencies, New Delhi :As India rolls out the red carpet to receive US President Donald Trump next week, rough spots that have arisen in the wake of the Modi government's decisions on Kashmir and the subsequent passing of the Citizenship Amendment Act will need diplomatic resolution. The Modi government's sudden ...

International »

India ‘bigger problem’ than China: Michael Bloomberg on carbon emissions


PTI, Washington :India poses a bigger problem than China when it comes to fighting climate change, particularly on reducing carbon emissions, Democratic presidential aspirant and former New York mayor Michael Bloomberg has said.During his maiden appearance on a Democratic presidential primary debate in Las Vegas on Wednesday, Bloomberg said it ...

Editorial »

We need a caring govt: Mere court's directions cannot go far


THE High Court Division on Tuesday directed the government to ensure setting up breastfeeding and baby care corners in the country's all the mills and factories. Most of the working women have to resign from jobs or take an attempt due to unavailability of baby care facilities at workplaces. When ...

Cricket »

Host Australia target fifth title at women's T20 World Cup


Mighty Australia go into their home Twenty20 World Cup this week as overwhelming favourites as they look to cement their superiority in women's cricket and draw a world-record crowd in the process.Meg Lanning's defending champions, and four-time winners, were rarely tested through the second half of 2019 when they whitewashed ...

Entertainment »

Baaghi 3’s new song Bhankas is surely the wedding song


After wowing the audience with the action packed trailer and the groovy number Dus Bahane 2.0, the makers of Baaghi 3 have released the latest song from the movie titled Bhankas. The new track, Bhankas is a remake of Bappi Lahiri’s original song and once again is set to break ...

International »

Sanders hopes early strength will prove he can beat Trump


AP, Las Vegas :Terry Reece has long been skeptical that voters would back Bernie Sanders, a 78-year-old self-described democratic socialist who is just months removed from a heart attack. Then the Vermont senator essentially tied for first place in the Democratic Party's Iowa caucuses and won its New Hampshire primary.That ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news