THE GUARANI AND KAIOWÁ PEOPLES’ HUMAN RIGHT TO ADEQUATE FOOD AND NUTRITION NUTRITION FOOD AND ADEQUATE HUMAN RIGHTTO AND KAIOWÁPEOPLES’ THE GUARANI A A HOLISTIC APPROACH THE GUARANI AND KAIOWÁ PEOPLES’ HUMAN RIGHT TO ADEQUATE FOOD AND NUTRITION A HOLISTIC APPROACH | Executive Summary Executive Summary Executive MISSIONARY COUNCIL FOR INDIGENOUS PEOPLES THE GUARANI AND KAIOWÁ PEOPLES’ HUMAN RIGHT TO ADEQUATE FOOD AND NUTRITION A HOLISTIC APPROACH | Executive Summary Support: This Executive Summary is a publication of FIAN Brazil, with FIAN International and the Conselho Indigenista Missionário (CIMI): Missionary Council of Indig- enous Peoples, with support from HEKS/EPER, Brot für die Welt and Misereor. Author Photography Thaís Franceschini Ruy Sposati/CIMI Alex del Rey/FIAN International Revision Valéria Burity/FIAN Brazil Valéria Burity Flavio Valente Graphic Design Angélica Castañeda Flores www.boibumbadesign.com.br Felipe Bley Folly Lucas Prates This document is based on “The Guarani and Kaiowá Peoples’ Human Right to Adequate Food and Nutrition – a holistic approach”, which was written by Thaís Franceschini and Valéria Burity and revised by Flavio Valente and An- gélica Castañeda Flores. The document in which this Executive Summary is based offers an interpretation of the socio-economic and nutritional research that FIAN Brazil and CIMI-MS (Conselho Indigenista Missionário - Regional Mato Grosso do Sul: Missionary Council for Indigenous Peoples - Mato Grosso do Sul Region) carried out in 2013 in three emblematic communities – Guaiviry, Ypo’i and Kurusu Ambá. The research in reference was coordinated by Célia Varela (FIAN Brazil) and CIMI-MS, and it was carried out by a team of specialists, consultants and contributors responsible for the fieldwork and the data system- atization. This team was leaded by Ana Maria Segall Corrêa and composed by Juliana Licio, Joana Ortiz, Roberto Liebgott and Sandra Procópio, as well as by the indigenous researchers Helinha Perito (Panambizinho), Fabio Turibo (Aroe- ira) and Holanda Vera (Ypo’i) The Guarani and Kaiowá Peoples’ Human Right to Adequate Food and Nutrition: a holistic approach – Executive Summary / Thaís Franceschini – Brasília: FIAN Brazil, 2016. 87 p. ISBN: 978-85-92867-01-0 1. Human Rights. 1.1. Human Right to Adequate Food and Nutrition. 2. Food Rights. 3. Indigenous peoples. 3.1. Guarani and Kaiowá Peoples. CDU 342.7 Summary 1.Introduction 4 1.1 Objectives of the Executive Summary 6 1.2 A brief outline of the history and situation of the indigenous 10 peoples in Brazil 2. The socio-economic and nutritional research carried out in 2013 16 2.1 Representative communities chosen: the Guaiviry, Ypo’i and Kurusu Ambá 18 3. Human rights-based analysis of data from the socio-economic and 24 nutritional research carried out in 2013 3.1 A brief introduction on the violation of the human rights of the Guarani and Kaiowá 26 3.2 Legal framework 30 3.3 Violations of the obligations to respect, protect, promote and fulfil the human 34 rights of the Guarani and Kaiowá 3.3.1 Socio-demographic data 54 3.3.2 Violations of the Human Right to Adequate Food and Nutrition 58 (HRtAFN) 4. Final considerations 72 1. Introduction 1.1 Objectives of the Executive Summary The Guarani and Kaiowá people in the state of Mato Grosso do Sul 2. The CNV was created by Law 12.528/2011 (MS) have been the victim of historic and systemic human rights and established on 16 May 2012 under the frame- work of the Presidency of the Brazilian Republic violations. Various civil society, national and international organi- to examine and explain the serious violations of sations and networks have recorded and come forward with com- human rights committed between 1946 and 1988 by public officials, people serving them, with the plaints to that effect. The severity of those violations have even been support and in the interest of the Brazilian State. recorded in official documents published by the State of Brazil, for President Dilma Rousseff delivered the National Truth Commission’s Final Report in an official example the Final Report by the CNV (Comissão Nacional da Ver- ceremony at the ‘Palácio do Planalto’ on 10 De- dade: National Truth Commission)2 and the Figueiredo Report3. cember 2014 and is available (in Portuguese) at the following address: http://www.cnv.gov.br/index. php/outros-destaques/574-conheca-e-acesse-o-re- With a view to bringing together concrete data on the violations latorio-final-da-cnv. against the Guarani and Kaiowá in MS and the severity of the damage caused by those violations, in 2013, FIAN Brazil and 3. The Figueiredo report, drafted by the then CIMI-MS carried out socio-economic and nutritional research public prosecutor Jader de Figueiredo Correia, at the request of the Interior Minister at the time, in three representative communities: Guaiviry, Ypo’i and Kurusu Albuquerque Lima, details torture, the kidnapping Ambá. This research confirmed how severely all the communities’ of children, the killing of whole communities and all manner of cruelties against Indigenous Peoples human rights had been violated. It was conducted with the techni- throughout the country, mainly by landowners cal support of consultants and FIAN International’s Secretariat, in and officials of the now-defunct SPI (Serviço de Proteção ao Índio: Indigenous Peoples Protection cooperation with the Council of the Aty Guasu4 and local indige- Service). The report is available (in Portuguese) at nous leaders, with support from HEKS/EPER. the following MPF (Ministério Público Federal: Federal Prosecutor’s Office) address: http://6ccr. pgr.mpf.mp.br/institucional/grupos-de-trabalho/ With the results of the 2013 research, FIAN Brazil and FIAN In- gt_crimes_ditadura/relatorio-figueiredo. ternational supported the drafting of the report “The Guarani and Kaiowá Peoples’ Human Right to Adequate Food and Nutrition 4. Aty Guasu is the Guarani and Kaiowá Grand Assembly. – A Holistic Approach”, which offers an interpretation of this re- search from a human rights perspective, with a view to joining the efforts to expose the violations suffered by the Guarani and Kaiowá in MS and support actions demanding their human rights guaranteed under national and international laws. 7 5. The report with all the data from the research Given that context, this executive summary is intended to provide carried out in 2013 is at final revision stage and an overview of the main results of the socio-economic and nutri- a digital version of it will be published on both FIAN Brazil’s and CIMI’s websites as soon as it tional research carried out by FIAN Brazil and CIMI-MS in 2013 has been finalised. and to outline the main points from “The Guarani and Kaiowá Peoples’ Human Right to Adequate Food and Nutrition – A Holis- tic Approach”, produced in 20155. A stronger focus will be given to violations of the right to adequate food and nutrition, in the frame- work of the indivisibility and interdependency of human rights. To that end, it presents: i) a brief history and the social, political and legal context of the indigenous peoples in Brazil and the Gua- rani and Kaiowá people; ii) the chosen representative communi- ties; iii) a human rights interpretation in light of the quantitative and qualitative results of the 2013 research, which also provides data on those peoples’ living conditions and access to food; and iv) some final considerations. 8 9 1.2 A brief outline of the history and situation of the indigenous peoples in Brazil The history of indigenous peoples in Brazil is marked by systematic 6. It is clear that, in many moments in the his- acts of all types of violence that constitute serious human rights tory of the country, contact with previously iso- lated indigenous peoples was made without due violations, either perpetrated by the Brazilian State itself or with precautions or vaccines. According to FUNAI its complicity. Serious tangible and intangible damage – such as (Fundação Nacional do Índio: National Indige- nous Peoples Foundation), during the colonial the loss of ancestral territories and the near extinction of culture era, the spread of diseases such as smallpox, influ- and other forms of violence – and human rights violations are enza, tuberculosis, pneumonia, whooping cough, measles and other viruses played a part in con- the outcome of a policy of disregard, neglect and institutional quering Brazil’s indigenous population and led to abandonment, as well as actions which, through public officials, the decimation of countless indigenous peoples. FUNAI also states that, in the first decades of the went against the rules that guarantee their rights. 20th century, the situation did not change: whole villages were destroyed as a result of pulmonary diseases in the groups contacted recently by the When the Portuguese set foot in Brazil, they found an SPILTN (Serviço de Proteção aos Índios e Local- ização dos Trabalhadores Nacionais: Protection of indigenous population of approximately six million. Since Indigenous Peoples and National Workers Place- then, indigenous peoples have been persecuted, attacked, ment Service), which was created in June 1910 by Decree no 8.072 and known from 1918 as simply indoctrinated, disrespected and massacred, and many have “SPI” (Serviço de Proteção aos Índios: Indigenous been exterminated; as a result, their numbers have depleted. Peoples Protection Service). Available in Por- tuguese at: www.Funai.gov.br. Accessed: June The Portuguese enslaved and contaminated them with diseases 2015. According to the CNV, contact without that they had never encountered before6, and many died of due precautions in the 1970s, for example, caused the indigenous population in Paraná, Mato Gros- ill treatment or as a result of being shot when they tried to so and Pará to shrink by two-thirds. (National escape”. (CIMI Rondônia, 2014). Truth Commission (CNV), 2014). The FUNAI (Fundação Nacional do Índio: National Indigenous 7.