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Human Rights in Brazil 2008 A Report by Network for Social Justice and Human Rights Human Rights in Brazil 2008 A Report by the Network for Social Justice and Human Rights Edited by: Evanize Sydow e Maria Luisa Mendonça Photos: João Roberto Ripper Graphic Design: Carlos Vasconcelos Pitombo Administrative Assistance: Marta Soares, Magali Godói e Silvana Silva Translation Editor and Coordinator: Sheila Rutz Translators: Ariane Dalla Déa, Ayla Tiago, Bethany Bloomston, Bruce Gilbert, Chad J. Ribordy, Charlotte Casey, Jamie Wick, Sheila Rutz, Siobhan Hayes Sponsor: Heinrich Böll Foundation Network for Social Justice and Human Rights Address:Rua Castro Alves, 945 01532-001, São Paulo, SP Phone: 55-11-32711237 - Fax: 55-11-32714878 Email: [email protected] www.social.org.br Table of contents Preface .................................................................................. 009 Kenarik Boujikian Felippe Introduction ............................................................................ 011 I. Human Rights in the Countryside Agrarian Policy under Lula Administration ..................................... 019 José Juliano de Carvalho Filho Fighting for Human Rights is Not a Crime ...................................... 027 Antônio Canuto Criminalization of Social Movements in Brazil ................................. 035 Aton Fon Filho e Suzana Angélica Paim Figueredo “State of Emergency” in Rio Grande do Sul and the criminalization of the MST ...................................................................................... 039 Leandro Gaspar Scalabrin Denial of Rights in the “World Ethanol Capital” .............................. 057 Maria Aparecida de Mores Silva e Jadir Damião Ribeiro Impacts of Expansion of Sugarcane Monocropping for Ethanol Production ............................................................................................ 063 Maria Luisa Mendonça Enslaved by debt: Debates on an Old Problem .............................. 079 Ricardo Rezende Figueira e Adonia Antunes Prado Indigenous Peoples: from Rights Won to Rights Contested .............. 089 Paulo Maldos 5 HUMAN RIGHTS IN BRAZIL 2008 Building Consensus and Consultation with Quilombola Peoples in Brazil, International Labor Organization Convention 169 .......................... 099 Cíntia Beatriz Müller Quilombola rights violated by the Brazilian State ........................... 109 Roberto Rainha Social Equity in the Use of Water ............................................... 119 Roberto Malvezzi II. Human Rights in Urban Areas Security, Rights, and Violence in Rio de Janeiro............................. 127 Atila Roque Actions and Omissions in Public Safety: an Analysis of São Paulo state ............................................................................................ 131 Adriana Loche e Leandro Siqueira Incarcerated female: the women’s prison system of Brazil .............. 137 Lívia Gimenes Dias da Fonseca e Luciana de Souza Ramos Prosecution of Women for Abortion in Mato Grosso do Sul: a Question of Human and Reproductive rights .................................................. 145 Beatriz Galli e Carmen Hein Campos Migrant Women in Brazil ............................................................ 151 Luiz Bassegio e Luciane Udovic Violations of Human Rights of Children and Adolescents in Brazil ...... 155 Maria Helena Zamora III. Economic, Social, and Cultural Rights The Right to Work in Brazil ........................................................ 165 Clemente Ganz Lúcio e Joana Cabete Biava Human Rights of the Black Population: 120 years later ................... 175 Douglas E. Belchior 6 TABLE OF CONTENTS Education, the Market and Human Rights ..................................... 181 Mariângela Graciano e Sérgio Haddad The Human Right to Adequate Food in Brazil ................................ 185 Enéias da Rosa e Sofia Monsalve The Dangers of Uranium Extraction ............................................. 191 Zoraide Villasboas IV. International Policy and Human Rights The Last Year of the Bush Era ................................................... 199 Maria Luisa Mendonça IIRSA and the financial Crisis: a Chance for Reflection, Discussion and Resistance .............................................................................. 205 Igor Fuser Transnational corporations and Human Rights Violations: the Case of Atlân- tico Steel Company in Sepetiba Bay............................................ 212 Sandra Quintela e Karina Kato Our Cries, Our Voices, for a World without Walls ........................... 217 Luciane Udovic e Luiz Bassegio 7 Preface With the annual publication of this report, the Network for Social Justice and Human Rights is fulfilling its role of responding to a demand for action and coordination of human rights violation claims, guided by the ethical benchmark of human dignity. The word “network” gives the idea of interlacing. Its work is the result of the experience of various organizations and grassroots movements, which collaborated with their knowledge and accomplishments. This reminds us that one of the functions of the Network for Social Justice and Human Rights is to provide support to grassroots movements in conflict situations. In this regard, the Report is a tool in the struggle to achieve basic rights. It allows us to nourish ourselves with hope for the construction of another possible world. The current global economic policies are not sustainable. Today, two-thirds of the world population live below the poverty line; nearly 3 billion people live on a monthly income of less than US$60; more than 25% of the population do not have access to potable water, and at least one in seven persons goes hungry every day. For the most part, this is the result of not having access to basic rights, such as education, land or work. This Report revisits some of the themes developed in prior reports, demonstrating that the struggle for human rights is a process. This year, the book specifically introduces new topics related to gender issues, such as the situation of incarcerated women, the criminalization of abortion, and the situation of migrant women, which helps us to understand how violence and discrimination affects 9 HUMAN RIGHTS IN BRAZIL 2008 women, as well as its relation with the lack of income distribution, work and education opportunities, as well as political representation. Some of the themes dealt with in the Report clearly indicate the need for deep reflection on the role of our legal system in maintaining impunity in cases of human rights violations. This is the case of human rights violations against landless workers, as we see in Rio Grande do Sul, where MST members are being investigated under the framework of the National Security Law because of their struggle for agrarian reform. The common theme that unites all organizations that contributed to this Report is the idea that human beings should have a life of dignity. To achieve this, we need to demand government policies based on a truly democratic system, which respects all rights as indivisible. To this end, the report Human Rights in Brazil is an important tool. Kenarik Boujikian Felippe, Court Judge in São Paulo, co-founder and former-president of the Association of Judges for Democracy, former-president of the Latin American and Caribbean Association of Judges for Democracy. 10 Introduction In 2008, the Report on Human Rights in Brazil celebrates its ninth edition. Once again, the work presents a wide panorama of themes linked to human rights. There are 26 articles with important data and analyses on, for example, the right to land, to education, to work, and to social justice over these last years, and especially with regard to the situation in 2008. One of the most notable focal points was the virulent racist wave against indigenous peoples that has spread throughout the country, as shown in the article by the Missionary Indigenous Council: “With its nationalist façade, this wave managed to garner support, or at least the complicit silence, of traditional sectors engaged in fighting in defense of indigenous peoples and grassroots sectors. Based on a local situation, that of the private interests of those invading State lands (such as indigenous lands), in 2008 part of Brazilian society came to look at indigenous peoples as enemies. The constitutional rights of the indigenous peoples came to be seen as privileges that should be urgently reviewed by the National Congress; the ONU (UN) came to be seen as an imperialist threat and neighboring countries as potential enemies.” For the third year, the Director of the Brazilian Association for Agrarian Reform, José Juliano de Carvalho Filho, analyzes the agrarian policy of the Lula government. “The historical, unjust, and atrocious characteristics of the agrarian structure are maintained over time, year after year and government after government. Government actions may vary, but still have the same effects of inequitable land distribution. The benefits of governmental support continue to be absorbed first and foremost by large landholders and corporations.” With respect to slave labor, the report shows, through the collaboration of Ricardo Rezende and Adônia Prado, who are members of UFRJ’s Contemporary Slave Labor Research Group, that between January and September of 2008, there were 179 denunciations of rural production units engaged in slave labor, involving 5,203 workers. 11 HUMAN RIGHTS IN BRAZIL 2008 Between 2003 and September 2008, coinciding with the Lula administration,