Brazil: Guarani Eviction
Order Has Been Overturned
After issuing a statement that both shocked and
confused the international community, the Guarani-Kaiowá community from
Pyelito Key/Mbarakay can rest easy--at least for now.
A federal judge ruled on Tuesday that the
community should be allowed to remain on their ancestral land until a final
decision is made on the area's lawful owner.
Specifically, Judge Cecília Mello of the Regional
Federal Tribunal of the 3rd Region stated that the community “can not be evicted
from the land that they occupy because those lands are the subject of an
administrative process of demarcation.”
The process of demarcating Indigenous territory,
as per the 1973 Statute of the Indian, involves an extensive ethnographic
and geographical survey of a land area in question, and a proposal that
aims to fairly resolve any existing land disputes. Such proposals have
frequently led to the eviction of non-indigenous occupants to lands, such
as the case with the territorial integrity of Raposa Serra do Sol in
Roraima.
Even so, the demarcation process can take decades
to complete, often to the detriment of the indigenous communities who must
either live in squalor alongside busy highways - or contend with private
land holders and their hired guns.
Knowing this all too well, the Guarani-Kaiowá
community from Pyelito Key/Mbarakay warned earlier this month that they
would rather die than lose what little land they managed to recover.
The Guarani's profound words--which echoes the
needs and fears of all Indigenous Peoples in Brazil--both shocked and
confused the international community.
Journalists and activists alike mistook the
Guarani's warning to mean that they were going to commit mass suicide if the courts ordered
them off the ancestral land.
To be sure, "mass suicide" was simply
never an option the Guarani considered. Rather, their plan was mass resistance, to the death.
Fortunately, the community will not have to follow
through on their promise unless this latest ruling is overturned or worse,
the current land title holder decides to take matters into his own hands.
There is alot of precedent in both scenarios, especially when the
land in question is Guarani land.
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