Boletim December 05 English

NATIONAL CAMPAIGN FOR REGULARIZATION OF QUILOMBO LAND

QUILOMBOL@ www.cohre.org/quilombos

Editorial

No.10 december 2005

Colombia

Millions of refugees caused by armed conflicts Continuing our efforts to collect and update information on the conflicts involving the defence of the right of regularization of the quilombo territories, this issue of Quilombol@ brings you news on the official plans for Alcântara and the latest decisions on the Silva family in Porto Alegre.

We also publish some complaints from entities active in the quilombo and indigenous communities in the Northern region of Santo Espirito province, where social activists are being wrongly prosecuted by employees of the Aracruz Celulose Company.

Quilombol@ also issues a special article on the effects over the afro-descent communities in Colombia due to forty years of armed conflict.

Good Reading!

Four decades of continuous armed conflict between the Colombian Armed Forces and right-wing paramilitary organizations have created the most serious human rights crisis in the southern hemisphere. Estimates indicate that no less than 3500 persons die each year as a result of this civil war.

According to Columbia government statistics (2004) there are also 1.5 million internal refugees but several NGO´s as well as the UN High Commission for Refugees (ACNUR) disagree with this number and put the total nearer to 3 million persons.

The massive involuntary migration is caused in great part by systematic forced evictions and by the destruction of residences.

In fact, it has now become clear that forced dislocations are more of a premeditated war strategy than the simple outcome of armed conflict. All of the combatants employ forced displacements of the people to clear territories and control strategic zones such as transport corridors, natural resources and mining areas. Approximately two thirds of the displaced persons in Colombia are women and children and they are exposed to harrowing situations of violence and discrimination during the arbitrary displacement process. Although afrocolumbians make up only 11 percent of the total Colombian population, they represent 15 percent of the displaced communities, as well as being discriminated against in employment opportunities and housing in the places they are allowed to stay after being driven from the more important cities.

Afro-Colombians and other indigenous peoples represent a quarter of the internal refugee population and the worse affected areas are the Departamentos de Cauca, mountainous regions of the Sierra Nevada de Santa Marta and the Serrania Del Perija, as well as considerable areas in the Departamentos de Antioquia, Tolima,Nariño, utumayo,Córdoba, Sucre and Choco.

It is ironic that the Afro-Colombian Territories are threatened and under attack in spite of being protected by local and

international law. Recently, the United Nations Sub-Committee for the Promotion and Protection of Human Rights adopted the ´´Pinheiro Principles“ versing on the restitution rights of shelter and property confiscated from refugees and internally displaced persons, and this action is intended for the guidance of the competent authorities in handling legal and technical questions related to the practical realization of these rights.

Article 63 of the Colombian Constitution provides for special attention to be given to the communityowned territories of the country’s ethnic groups. The collectively-owned territories of the Afro-Colombians are governed by Law number 70/1993 and by the Decrees numbers 1.371/1994; 1.745/1995; and 1.3210/1998. These norms lay down that Afro-Colombians have collective rights to the properties they occupy and also concrete rights to all unoccupied lands on the banks of the rivers of the Pacific Basin.

These norms also protect the cultural Identity and accept that the AfroColombians are a separate ethnic group with a view towards their economic and social development. The communities consider themselves as a group of families descended from afro-Columbian stock, having their own culture, history, traditions and customs in their urban and rural relationships and maintain and demonstrate a feeling of separate identity which distinguishes them from other ethnic groups. To obtain collective property land titles, each afroColuombian community can establish a Community Council which is responsible for the distribution of the lands received, for conservation and protection of the natural resources and to ensure peaceful solutions to internal conflicts.

Read more about the Colombian conflicts on Page 3

Quilombol@, december 2005

Alcântara

Government clarifies their plans for the Space Center The Project for expansion of the area to be used for launching vehicles into Space at the town of Alcântara (Maranhão State, Brazil), calls for the construction of four launch sites on the seacoast of the Municipality. All together, the sites will occupy about 2881 hectares and are to be closed off, fenced and protected when ready for operation. These plans were revealed by a representative of the AEB (Brazilian Space Agency) at a meeting held on the 31st of November between the Federal Authorities and the local leadership.

The four launch sites are of different sizes and are located distant from each other.

In order that the population to be displaced may have access to the sea beaches, the construction of a kind of corridor between the sites is proposed.

The largest site covers 931 hectares while the other three are 888, 622 and 440 hectares respectively. Each site will have an institutional area with factories, industries, hospitals, schools and the public services necessary for the support of the launch centres. These are to be made available for use of the local population.

Alcântara was chosen for the Brazilian Space Centre because it lies almost on the Equator and thus reduces the energy needed to launch vehicles into orbit.

Furthermore, the launch sites are strategically located in relation to the seacoast, because the ocean indexes of luminosity, salinity and temperature all contribute to reduce the nefarious effects of possible fuel spillage in the event of accidents with the launch vehicles.

According to the AEB representative, the authorities intend to avoid displacements of the populations ´´to the maximum extent possible“ but points out that ´´isolated“groups and persons live right on the areas planned for the launch sites. These residences have been located by photography from orbiting satellites. Furthermore, a second group of launch site is planned if the first one is a successful. The second site could be in service within 10 years.

It had been previously planned that any families dislocated from the launch site be transferred immediately to housing nearby similar to those from which they had been evicted, and which would have the same facilities for them to grow or obtain their food. One resident of the Brito Community expressed his

AEB map indicating the locations of the commercial sites and the institutional areas.

Source: Final GEI Report Available on https://www.planalto.gov.br/casacivil/gei_alcantara/static/index.htm

repudiation of the whole expansion project and insisted that he would not accept dislocation even as a possibility for the future. The resident questioned the Federal Authorities about their responsibility of guarantying the privacy of the population when it is clear that the population must leave the area when each launch is made for security reasons. ´´You may pay for a cow, or a donkey or such things that a poor peasant possesses, but you cannot pay for our loss of dignity“ he said The plan for the implantation of the CEA - Alcântara Space Centre (the responsibility of the Ministry of Science and Technology) was described in detail during a meeting of the Sub-Group for Land Ownership regularization, Environment and Housing with the presence of Represents of Social Action movements and local leaders to the community of Santa Maria in Alcântara.

This Sub-Group was instituted by Order Number 267 (13.04.05) issued by the Presidential Civil Affairs office to speedup the work of the GEI (Interministerial Executive Group – the organizers of the Alcântara project). Its representative, Dr. Celso Corrêa, took advantage of the meeting to deliver replies to questions made by the Communities at the July 2005 meeting on the land regularization proposal However, the INCRA representative pointed out that the Regional Superintendent of the State of

Maranhão had suspended operations for land ownership regularization in the quilombo territories in Alcântara in July while the work of registering the resident families and the demarcation of the space launch boundaries was still incomplete. The Institute hopes to resolve the problem of titling the quilombo territories together with the overall problem of the regularization of the areas needed by the CEA (Alcântara Space Centre).

The constant interruptions in the relationships between the State, the Communities and differences abut Government policy for development of the Region, add to the frustrations experienced by those quilombo communities who were transferred in the first project phase to the so-called ´´agro-vilas“. Those changes impoverished the community and disturbed the traditional social and cultural structures. The resulting negative reflexes soured the relationship between the State and civilian society and finished up inhibiting constructive agreement on the wider problem of the efficient implantation of the CEA. From the 19th to the 21st of December the community plans to discuss the latest official proposals in a workshop entitled ´´ Tracing Strategies for the defence of the ethnic territory of Alcântara“. This event is a part of a Forum for the Defence of Alcântara which has the support of OXFAM, CESE, CONAQ and ACONERUQ.

Quilombol@, december 2005

Community

Communities resist actions by armed groups in Colombia COHRE went to Colombia to promote a improvement course for communities of internally displaced persons in the town of Sincelejo (Department of Sucre) and also to present the report ´´Defending Rights of Internal Refugees in Colombia to Restitution of Housing and Property“, in the capital city of Bogotá. On the 8th of December, Ms. Leticia Osório, coordinator of COHRE AMERICAS, interviewed an Executive officer of the CND (National Coordinator of Displaced Persons) and another from AfroDes (Association of displaced Afrodescendents) in Bogotá, Colombia.

Their names are herein concealed for security reasons.

A.N, an activist since 1970 in CND (Organisation of Rural Users), said: 1. What does CND do for the AfroColombians?

CND works with many different Communities. As regards the Afro’s, we fight for recognition of collective ownership of their lands and for the defence of these lands against attacks by armed bands trying to forcibly dislocate them and also against the unconsidered implantation of megaprojects. For example, we oppose the construction with local capital of an inter-oceanic canal connecting the Atlantic and Pacific Oceans as part of the Pan-American Highway. While we recognize the importance of the project, we insist that the land rights of the indigenous and Afro-Colombian people

There is no right to equality and they have to struggle much more than others to gain access to education, health and 2. How are they organised and what the basic services as well as for do the Afro-Colombian communities recognition of their costumes and traditions. desire?

The majority are located along the Atlantic Coast near Cartagena de las A member of the AfroDes coordination Índias .They originated in communities Group, R.R. was interviewed also and of African slaves who had been replied as follows to our questions: imported in the past when slavery was legal in Colombia, but who had escaped 1. Can you describe the struggle for the captivity and formed communities called Afro-Colombian land? ´´palanques“ or ´´cimarrones“ in then The process started with steps to obtain remote places. As a result, until quite security of possession as the Afrorecently, the Atlantic Coast Afro- Colombian communities held their lands Colombians were rural dwellers. informally. The Law number 70/93 was Nowadays however they form part of obtained by actions in which the Afro the general Afro-Colombian population. movements took part and which They are organized into local collectives involved Delegations organized and regional sessions in order to attend around the Colombian rivers. At that consultations and reach decisions on time, the intention was to elect these various matters. The AfroDes Delegates organization is specifically created for To Parliament but sufficient support was black communities which had been not received from the electorate. forcibly evicted from their traditional Therefore, they joined forces with other territories by armed groups utilization indigenous leaders, who were or exploration by third parties. The successfully elected to Congress where organization cooperates with the CND they were able to intervene in the in the struggle to integrate the black Constitutional Reform Process and succeeded in inserting the Transitory action movement.

Provision number 55 into the 3. How does the CND evaluate the Constitution. This Article of the effect of the displacements on the Afro- Constitution led to the promulgation of Law 70/93, which they feel is in Colombians?

They suffer a great deal of agreement with the 169 Convention of discrimination and stigmatization when the International Labor Organization at they reach the cities where they go with least in respect of the regulation of the their wives and children to escape the right of the Afro-Colombian and Indigenous to their traditional territories. forced displacements. who live on the planned route should not be ignored as they are now.

Racial Equality : Statute is to be revised by the Federal Assembly Following analysis by the lower house Committees for Economic, Education, Social and Constitutional affairs and the Senate committees for Justice and Citizenship a substitute text for the Statute of Racial Equality propose by Senator Rodolfo Tourinho (PLB/BA) was approved in on the 9th of November and sent for revision by the Chamber of Deputies on the 29th of the same month. This Statute had been originally proposed by Senator Paulo Paim in 29th of May 2003 but had been retained in the Senate until now.

The principle objective of the Statute is to combat racial discrimination and the structural and gender inequalities that affect the Afro-Brazilians in addition to introducing the wider racial subject into the public policies and other State actions in the education and health areas. In the text of the Statute, a chapter is dedicated to the Rights of the Remaining Descendents of the original quilombo communities (called “remanescentes“) to their lands, wherein the self-definition mechanism for ethnoracial identification is accepted as the determining factor. Legal competence for the implementation of the procedures for entitlement remains with INCRA. Procedures foreseen in the Decree Number 4.887/2003 and in the Procedural Instruction Number 20/2005 issued by INCRA were improved and perfected in the new text.

For example, in the Statute the time allowed for contestation of a Technical Report issued by INCRA was reduced from 90 to 30 and final Judgment must take place within 60 days – this differs considerably from the older Instruction (which did not fix any limits) and will therefore speed up the whole process.The new text also provides for the elaboration of special public policy directed to promoting sustainable development along ethnic lines for the remanescentes of the quilombo communities as well as laying down equitable legal treatment in the land entitlement process for quilombo communities located in rural and urban areas. The full text of this Statute may be obtained from the Senate’s Citizen Attention Central – telephone 0800.612211.

Quilombol@, december 2005

Human Rights

Aracruz Cellulose prosecutes activist in Brazil New development is reported in the already tense situation created by the artificial monoculture of the Eucalyptus tree and the demand for land for commercial plantations in the north of the State. At the same time as religious leaders are reporting advances in mobilization of the local indigenous communities the multinational Aracrux (planter of the trees) takes legal action against members of the Network Against Green Deserts.

The CIMI (Conselho Indigenista Missionário – Missionary Council for Indigenous Peoples), states that, following the occupation of the buildings of Aracruz Cellulose on 6th and 7th of October, the Tupinikim and Guarani leaders went to the Ministry of Justice and obtained assurances that the surveying and delimitation of their lands would be finished quickly. In fact, a few days later, on November 4th,the FUNAI dispatched a technical group to update boundary studies of 11000 hectares made in 1994 and 1998 by the Tupinikim and Guarani themselves as being traditional indigenous land.

The Working Group has 30 days to check the field work and issue a final report.

However, rather than await the outcome of this sensible procedure, Aracruz Cellulose opted to take legal action against four members of the Alert Network against the Green Desert, alleging that they had made ´´ turbulent and insulting pronouncements‘‘ against the Company and created disturbances in the area. The argument was accepted by the Judge of the 2nd Civil and Commercial Court

in Aracruz who prohibited the accused from ´´practicing turbulent or insulting acts against the company‘‘ , stated that their real objective was ´´to promote disorder thereby demonstrating that they were guided by anarchical ideas and principles“ and ordered daily fines of R$ 5.000,00 and/or criminal sanctions in case of disobedience.

CIMI states that the protest occupation of the Aracruz Cellulose installations was pacific and was executed entirely by the indigenous people themselves. Therefore, the entity believes that the company action is merely an attempt to incriminate those who are supporting the indigenous struggle. The Alert Network is composed of organizations, action movements, religious and citizens who work with the populations effected by the monoculture of eucalyptus.

CIMI also informs us that some 30 years ago, the Aracruz Cellulose company destroyed about 35 Indian villages, including the Tupinikim village known as Macacos located where the company industrial complex was installed. ´´This caused social, environmental, economic and cultural impacts of which we are witness and which we published and denounced so that the Brazilian State, instead of legitimizing and encouraging the Company’s actions, should instead respect the rights of these populations and alter the dominant and perverse development model to which they are being subjected“ explains a communiqué issued by CIMI.

Staff Letícia Osório, Sebastian Tedeschi, Emily Walsh, Cíntia Beatriz Muller e Sinara Sandri If you have any comments, or wish to subscribe to the mailing list for Quilombol@, please contact : quilombo@cohre.org If you have more information about National Campaign for Promotion of Ownership Regularization of Quilombos Territories or about other programmes and activities of Cohre Americas, please contact cohreamericas@cohre.org

UN Representative visits Brazil The UN Special Representative for the Defence of Human Rights, Ms Hilda Jilane, will be in Brazil on a special Mission between the 5th and 20th of December. She will visit the States of Pará, Pernambuco, Bahia, São Paulo and Santa Catarina. The Mission will result in the publication of a report on the types and kinds of violence being practiced against those who defend Human Rights in Brazil.

Silva Family

Closer to getting title to their lands

The INCRA/RS Regional Decisions Commission decided to reject the all three contestations entered against the Technical Report for the Identification and Delimitation of the area of the Silva Family Quilombo, which had been published in the Federal Register of 21st of June 2005 (Order 19/2005). This decision reinforces the family’s right to remain on the lands (located in the Porto Alegre suburb of Três Figueiras ) The Commission concluded that the Silva Family was long established in the Três Figueiras suburb where they had made their stand and enjoyed a dignified existence. Furthermore, the INCRA commission understands that the OIT Convention 169 has been fully accepted in the respective Brazilian legislation and that therefore, the State may not question the selfdefinition of the identity of any of its citizens. The next steps in the process involve sending the decision to Brasilia and the publication of the respective INCRA order in the Federal Register, registering the boundaries of the quilombo territory in question. The Minister of Agrarian Development, Dr. Miguel Rosseto, plans to visit the Silva quilombo on the 19th of December to deliver the signed INCRA order to the Residents Association.

In addition, the Congressmen of Porto Alegre Municipal Legislative Chamber decided, by 26 votes for to 3 against, to denominate the area as one of Special Cultural Interest. In this way the Municipality hopes to publicize the recognition of the area as a remaining trace of the quilombos, thus affording it additional special protection.

Center on Housing Rights and Evictions Demétrio Ribeiro 990 / 202 Porto Alegre (RS) Cep - 90.010-313 Tel (x) - (51) 3212.1904 This publication has been made possible with the support of :