10/03/89 - Nº4

DEMARCATION OF LANDS MANIPULATES THE FUTURE OF THE YANOMAMI
Interministerial Decree nº 160 of 13 September, 1988, declared an area of 8,216,925 hectares as lands of permanent possession of the Yanomami Indiansi the area algo includes two national forests and a national park.

Yanomami area according to Decree 160 %
National Forest of Roraima               33
National Forest of Amazonia             15
National Park of Pico da Neblina         23
19 indiqenous colonies                     29
Total                                           100

The use to which the national forests will be put is ambiguous, since according to Decree 160, the 8,216,925 hectares of the Yanomami Indian Land are a are considered lands of permanent possession of the Indians and yet, according to Article 5 of Law 4.771 of the Forestry Code (Brazilian Institute for Forestry Development), the use of this are a includes activities of economic, technical, or social nature. Presently, these areas are totally invaded (as are a good part of the indigenous "colonies") by thousands of gold-panners, who are organized and acquiring machinery, planes and helicopters. According to the present Governor of Roraima, Romero Jucá Filho, these gold-panners have their presence guaranteed in Roraima. It remains to be seen where.

The cutting up of the Yanomami area, with internal forms of administration differentiated as much for the 19 indigenous colonies as for the two national forests and the National Park of Pico da Neblina, is considered unconstitutional. National forests are the responsibility of the IBDF. Yet, interministerial Decree nº 160 declares that Funai,together with the IBDF, will share the right to administer the lands between the indigenous "colonies", that is, the two national forests and the National Park of Pico da Neblina. No doubt, over the medium and long range, the measure intends to segment the Yanomami people into islands, freeing the national forests for economic projects.

Another point to be mentioned is the suppression of approximately 2,500,000 hectares. In 1985, Funai, through Decree nº 1817/85, recognized a continuous area of 9,419,108 hectares as "Yanomami Indian lands". But Decree 160 ignores this difference and the original 9 million hectares are mentioned, in documents distributed by Funai, merely as "Areas of pretension of the CCPY". Without the necessary justification for the removal of these lands, the expectation remains that they will be turned over to mining or other projects unrelated to the reality of the Yanomami.

The old National Security Council has always expressed its concern for the frontier areas - enough to not wish its disorderly occupation. However, despite the fact that the 8 million hectares of Yanomami Indian land are by law protected against the invasions of non-Indian persons or groups, today there are from 30,000 to 40,000 gold-panners there, and the press of Boa Vista calculates that by the end of 1988, a hundred thousand invaders would be in the area. The rate of entry is about 150 gold-panners per day. Considering the intent of the ex-president of Funai and present Governor of Roraima, Romero Jucá Filho, to normalize the situation of the gold-panners, the consequences of this 'gold rush' become even more dramatic.

Yanomami lands are strangled between gold-panners and agricultural colonization projects. Studying the map of the actual Yanomami Indian lands, as set forth in Decree 160, government policy becomes clear.

The area of the Northern Perimeter highway is in part outside areas bordering on the indigenous colonies, thus providing evidence of the governrnent's plans for completing its construction.

The strangling of the Mucajai colony between the areas of colonization and gold-panning seeks to separa te it rapidly from the rest of Yanomami territory. It will certainly have the same end as the communities of the Ajarani River area which in less than 20 years became practically extinct as a result of the building of the Northern Perimeter highway in the decade of the '70s and the settling of colonists around the remaining Yanomami communities. In fact, the Ajarani is no longer included in the 1988 project for Demarcation.

Finally, we note that several communities located principally on the frontier strip were not included in the indigenous area established by the Decree. Judicial measures against Decree 160.

Fundamental aspects of the demarcation by Decree 160 are being questioned by Yanomami support organizations and are being studied by lawyers and jurists, for the purpose of discovering legal measures to contest the decree. Even 50, we believe that political pressure is fundamental. Most urgently, we need to continue to dernand the rernoval of the gold-panners, in light of Decree 160, which recognizes 8,216,925 hectares as being of perrnanent possession of the Yanomami.

We ask that letters be sent, with copies to the CCPY, to the following authorities:

President José Sarney
Presidência da República
Palácio do Planalto
70150 Brasilia DF

General Bayrna Denys
secretário Geral do Conselho de Segurança Nacional
Palácio do Planalto
70150 Brasilia DF

Dr. Iris Pedra de Oliveira
Presidente Funai
Seup/Sul Q.702 Bl. A
Ed. Lex 3º andar 5/316
70330 Brasilia DF

OAS COMMISSION ASKS FOR CLARIFICATION FROM THE BRAZILIAN GOVERNMENT
The annual meeting of the Inter-American Commission on Human Rights of the OAS, held on 15 September 1988, produced a new docurnent which questions the Brazilian government as to the events which have marked the lives of the Yanomami people since the Commission's Resolution nº 12, of 1985, which recommended to the government that, among other things, medical assistance be given to the Indians, as well as the demarcation of the Yanomami Park.

The CCPY participated in the meeting, together with representatives of Indian defense organizations the Indian Law Resource Center and Survival International, the same organizations that 8 years ago denounced the situation of the Yanomami to the OAS. As there has been no progress on the question, and in line with the conclusions of the Commission itself, which has continued to be duly informed, these organizations, together with the CCPY, demonstrated the need to re-open the case. The OAS Commission prepared a series of questions for the Brazilian govenment which, without giving any explanations, has ignored the requests made in Resolution 12/85.

INTERNATIONAL PRESS CONFERENCE AT THE CCPY
Eleven foreign journalists (American, British, Italian, and Japanese) came together at the CCPY on 3 October to obtain information on the Yanomami. After a briefing on recent events which have mobilized various organizations, of the country and abroad, on behalf of the largest, recently-contacted Brazilian na tive population, the journalists decided to prepare a document to Funai requesting permission for a visit to the Yanomami area.

EX-GOVERNOR OF RORAIMA PLANS TO LEGALIZE GOLD-PANNING AREAS
The magazine Veja of 19/10/88 announced that the ex-governor of Amazonas, Gilberto Mestrinho, who was a candidate for mayor of Manaus, has become an associate of the businessman Naji Nahas of são Paulo in a mining company which intends to work in areas liberated by the former National Security Council in Yanomami Indian lands.

According to the press report, Nahas has already sent a helicopter to the region in order to begin explorations for gold in the vicinities of the Yanomami area. According to the journal, gold-panning production on the Yanomami Indian reserve, in the Federal Territory of Roraima, has already reached a ton a month. Mr. Nahas is known in são Paulo and in Brazil as a big speculator on the são Paulo stock market where he negotiates tens of millions of dollars in transactions that cause strong fluctuations in the market.

NEW GOVERNOR OF RORAIMA PLANS TO LEGALIZE GOLD-PANNING AREAS
The Folha de Boa Vista of 9/10/88 announced that the new Governor of Roraima, Romero Jucá Filho, ex-president of Funai, would meet during that week with the leadership of the gold areas, at the same time that he would discuss the areas that have been requested by foreign mining companies and which can be rationally exploited, depending on agreements with the prospectors' cooperatives, mining companies and the government of the State.

According to the report, the Governor believes that if measures to organize mining exploitation are taken now, as the State of Roraima is being created (note: the Federal Territory of Roraima was elevated to statehood by the new Brazilian Constitution, passed on 5 October 1988), the environement itself will be protected, thereby avoiding a future ecological disaster and harm to the health of the Indians and gold-panners. " Indians and gold-panners have gotten along well, they are long-standing friends, and they themselves will know how to support us in our plan", Jucá told the Folha on being asked about the receptivity arnong the Indians and gold-panners of his decision to legalize the gold mines located in indigenous areas.