REPORT Violence against Indigenous REPORT Peoples in Brazil DATA FOR Violence against Indigenous Peoples in Brazil 2017 DATA FOR 2017 Violence against Indigenous REPORT Peoples in Brazil DATA FOR 2017 Violence against Indigenous REPORT Peoples in Brazil DATA FOR 2017 This publication was supported by Rosa Luxemburg Foundation with funds from the Federal Ministry for Economic and German Development Cooperation (BMZ) SUPPORT This report is published by the Indigenist Missionary Council (Conselho Indigenista Missionário - CIMI), an entity attached to the National Conference of Brazilian Bishops (Conferência Nacional dos Bispos do Brasil - CNBB) PRESIDENT Dom Roque Paloschi www.cimi.org.br REPORT Violence against Indigenous Peoples in Brazil – Data for 2017 ISSN 1984-7645 RESEARCH COORDINATOR Lúcia Helena Rangel RESEARCH AND DATA SURVEY CIMI Regional Offices and CIMI Documentation Center ORGANIZATION OF DATA TABLES Eduardo Holanda and Leda Bosi REVIEW OF DATA TABLES Lúcia Helena Rangel and Roberto Antonio Liebgott IMAGE SELECTION Aida Cruz EDITING Patrícia Bonilha LAYOUT Licurgo S. Botelho COVER PHOTO Akroá Gamella People Photo: Ana Mendes ENGLISH VERSION Hilda Lemos Master Language Traduções e Interpretação Ltda – ME This issue is dedicated to the memory of Brother Vicente Cañas, a Jesuit missionary, in the 30th year Railda Herrero/Cimi of his martyrdom. Kiwxi, as the Mỹky called him, devoted his life to indigenous peoples. And it was precisely for advocating their rights that he was murdered in April 1987, during the demarcation of the Enawenê Nawê people’s land. It took more than 20 years for those involved in his murder to be held accountable and convicted in February 2018. In this issue of the Report on Violence against Indigenous Peoples in Brazil, we express our wishes and reinforce the commitment to ensuring that justice is done for all indigenous peoples, and that no one else will have to shed their blood for what is theirs by right. Kiwxi, Present!!! Mobilização Nacional Indígena REPORT – Violence against Indigenous Peoples in Brazil – Data for 2017 Indigenist Missionary Council (Conselho Indigenista Missionário - Cimi) 6 SUMMARY PREFACE CHAPTER II 9 In the absence of justice, everyday violence devastates Violence against the Person lives inside and outside indigenous lands 82 Murder Dom Roque Paloschi 91 Attempted murder 95 Involuntary manslaughter 11 A country in the hands of violent people 98 Death threat Cleber César Buzatto 101 Various threats 105 Aggravated battery 107 Abuse of power INTRODUCTION 109 Racism and ethnic-cultural discrimination 15 The Temer government has legitimized violence 113 Sexual violence against indigenous peoples Lucia Helena Rangel Roberto Antonio Liebgott CHAPTER III Violence due to Government Inaction 116 Suicide ARTICLES 117 Lack of health care 20 Akroá Gamella people: from concealment 125 General lack of support to decolonized political struggle 132 Spread of alcohol and other drugs Rosimeire de Jesus Diniz Santos 134 Death due to lack of health care 137 Child mortality 24 The unconstitutional path of - Opinion 001 vis-à-vis 138 Lack of support for indigenous school education the analysis of the Jaraguá Indigenous Land Adelar Cupsinski Rafael Modesto dos Santos CHAPTER IV Vanessa Rodrigues de Araújo Violence against Isolated and Semi-Isolated Indigenous Peoples 146 The future of free indigenous peoples 29 Parliamentary coup and indigenous citizenship: is increasingly threatened one step back, one step forward 150 List of Isolated Indigenous Peoples in Brazil Ricardo Verdum CHAPTER V CHAPTER I Memory and Justice Violence against Heritage 156 Justice, memory and reparation, 42 Inaction and delays in land regularization elements of affirmation of indigenous rights 61 Conflicts over territorial rights 68 Possessory invasions, illegal exploitation of natural ANNEX resources and other forms of damage to property 162 Summary of Violence against Indigenous Peoples in Brazil REPORT – Violence against Indigenous Peoples in Brazil – Data for 2017 7 Indigenist Missionary Council (Conselho Indigenista Missionário - Cimi) This report presents the reflection and denunciation that the tormentors of indigenous peoples are more than ever settled within the State, from where“ they have been working ruthlessly against those who are the original sons and daughters of Brazil. Those who under the Constitution should be respected, protected and valued. Contrary to what the law requires and justice cries out for, they are being robbed and squandered” Roberto Liebgott/Cimi REPORT – Violence against Indigenous Peoples in Brazil – Data for 2017 Indigenist Missionary Council (Conselho Indigenista Missionário - Cimi) 8 PREFACE In the absence of justice, everyday violence devastates lives inside and outside indigenous lands Dom Roque Paloschi* “For yet a little while, and the wicked shall not be... But the meek shall inherit the earth; and shall delight themselves in the abundance of peace” (Psalm 37:10 - 11) he Brazilian Constitution was enacted 30 years ago. At the base of this exploitation process are entrepre- Its Chapter VIII, Articles 231 and 232 recognize neurs engaged in agribusiness, as well as large landowners and Tindigenous peoples and their fundamental rights. the rural, mining and logging caucuses. They have transformed These rights are characterized as original, inalienable, the Executive branch into their business backyard; sectors indisposable and imprescriptible and entail respect for the of the Judiciary into the antechamber of illicit deals; and the differences and social organization of each people, as well as Legislative into the barn of arguments, theses, provocations, for their uses, customs, beliefs and traditions. These rights and anti-indigenous laws. also include the demarcation of their traditional lands. In By transforming the State into a business counter, addition, they abolish the archaic practice of guardianship these segments have plunged the country into serious polit- by ensuring all peoples, their communities and individuals, ical, cultural and economic backwardness and generated full civil capacity as subjects of rights. The Constitution itself, uncontrolled violence, pain and suffering. The indigenous in accordance with Article 67 of the Acts of Transitional cause has become one of the main axes of the political, Constitutional Provisions, sets a deadline of five years from economic and ideological dispute. The attacks are reproduced its enactment for the federal government to conclude the from the courts to the offices of deputies and city councilors demarcation of all indigenous lands. all over Brazil. Theses and strategies are devised to insult and This presentation of the report on Violence Against de-characterize the Constitution, thereby deconstructing Indigenous Peoples in Brazil, with data for 2017, provides a fundamental rights, especially as regards the land and life brief summary of the contents related to the rights established of indigenous peoples and their communities. in the Brazilian Constitution of 1988, as a way to express This Report on Violence against Indigenous Peoples in our feelings of distress and indignation at failures to comply Brazil - Data for 2017 presents the reflection and denunciation with the law. And perhaps more importantly, to report that the tormentors of indigenous peoples are more than that the Brazilian State has become, through its rulers, the ever settled within the State, from where they have been main promoter and sponsor of violence against indigenous working ruthlessly against those who are the original sons peoples. The premeditated negligence of those within the and daughters of Brazil. Those who under the Constitution government, by actions and inactions, is the harmful seed should be respected, protected and valued. Contrary to that leads to the death and misery of those who cry out for what the law requires and justice cries out for, they are being justice in our country. robbed and squandered. The mere existence of peoples and communities In early 2018, Pope Francis warned the world of threats has become a heavy burden for those who run the country hovering over indigenous peoples and their territories, espe- through the lens of exploitation, expropriation, and expan- cially in the Amazon region: “Amazonia is being disputed on sion. They see in life and nature’s assets only possibilities to various fronts. On the one hand, there is the neo-extractivism consume and enrich themselves, to the detriment of human, and the pressure being exerted by great business interests environmental and cultural rights. that want to lay hands on its petroleum, gas, lumber, gold For the exploiters and their allies, law and justice and forms of agro-industrial monocultivation... We have to only have a meaning if they are intended for and at the break with the historical paradigm that views Amazonia service of those sectors programmed to act with the aim as an inexhaustible source of supplies for other countries of encouraging ambition and the saga for domination and without concern for its inhabitants.” profit. Nothing else seems to work for those who associate The purpose of this denunciation is to expose violence, with governments to plunder property and life. to cry out for justice for indigenous peoples. May Life prevail! u * President of the Indigenist Missionary Council (CIMI) and archbishop of Porto Velho REPORT – Violence against Indigenous Peoples in Brazil – Data for 2017 9 Indigenist Missionary Council (Conselho Indigenista