51996IP0152

B4-0152, 0159, 0210 and 0228/96

Resolution on the violation of the constitutional rights of the indigenous peoples of Brazil

The European Parliament,

- having regard to its earlier resolutions on the need to protect the rights of the indigenous peoples of Brazil, in particular its resolution of 12 October 1995 ((OJ C 287, 30.10.1995, p. 202.)),

A. whereas indigenous peoples' 'native' right to their land is enshrined in the Brazilian Constitution,

B. recalling that the history of the struggle of the indigenous peoples to achieve institutional recognition of their rights has been a long and tragic one, punctuated by massacres and murders, and the demarcation of territory has been constantly accompanied by pressure being brought to bear on the authorities and by intimidation, illegal occupation, violence and murder,

C. noting that Decree 1775 establishes the right of any 'interested party' to challenge Indian possession of land reserved for them by Decree 22/91, but whose demarcation has not yet been fully completed in the Serviço do Património da União (land register), following pressure from powerful landowners, gold prospectors and mining and forestry companies, and whereas only half the land reserved for the indigenous peoples had been demarcated by 1995 and the demarcation process has been frozen,

1. Strongly condemns this decision, taken despite the clear requests of the European Parliament and the clearly stated opposition of the Brazilian public, many international organizations and the indigenous peoples' defence groups; supports all current initiatives calling for the revision of the federal decree and the anxieties expressed by the chairman of the Human Rights Committee of the Brazilian Congress and by other Brazilian groups providing assistance to indigenous peoples;

2. Calls on the Council and the Commission to make the Brazilian authorities aware of their disapproval, to demand guarantees concerning funding for the reserved areas in the context of the pilot programmes, and to make consideration of the position of the indigenous peoples an obligatory part of their political, economic and trade relations with Brazil;

3. Instructs its Delegation for relations with South America to raise this matter with its Brazilian colleagues at the earliest opportunity;

4. Instructs its President to forward this resolution to the Council, the Commission, the President and the Government of Brazil, the Chairman of the Human Rights Committee of the Brazilian Chamber of Deputies, the UN High Commissioner for Human Rights, the Council of the Indigenous Peoples of Brazil and the National Forum for the Defence of Indigenous Rights.