Boletim June 05 English

NATIONAL CAMPAIGN FOR REGULARIZATION OF QUILOMBO LAND

QUILOMBOL@ www.cohre.org/quilombos

Editorial

No.4 June 2005

Widening of BR 101 damages quilombos

Housing rights for people living in Quilombos have been constantly put to the test. On the one side, real estate speculators have been trying to get legal support for the removal of black communities, both rural and urban, from lands with high market values, such as in the cases of Caçandoca (SP) and the Silva family (RS).

On the other, the government has been implementing projects with high social and economical impacts that directly effect communities such as the ones in Alcantara (MA) and Morro Alto (RS).

Deforestation for the widening of BR 101, in Morro Alto (RS)

The 230 families in the Morro Alto community are in fear of becoming isolated and having their possibilities of economic survival reduced as a consequence of the construction of two tunnels in their lands, which are called for in the plans for the widening of the In Rio Grande do Sul, the southern section of interstate BR 101. controversies surrounding The project and the slowness in the titling process of Gaucho Quilombo lands Quilombo communities were reasons for the protest that question the idea of a State interrupted the traffic in the street on the nationally known and 13th of May, a date which marks the recognized as “European”. signing of the bill abolishing slavery in Brazil.

Situations such as those The community occupies an area of more experienced by the Silva family, who in the beginning of than 4,000 hectares in the cities of Maquiné and Osório, on the northern June were almost evicted, coast of Rio Grande do Sul. The land is make us wonder what kind of divided by two important highways. place is reserved for African Interstate BR 101, the main route connecting the Mercosul to Sao Paulo, Americans in Gaucho culture and in what way is our society crosses the territory from north to south, and state road RS 407 divides the area dealing with matters such as from east to west. The widening of BR racial discrimination.

101 will require an investment of R$ 500 million for the section, which connects In this bulletin, we examine Osorio (RS) to Florianopolis (SC), in the situation of the Quilombo 2005. The communities complain that communities, both rural and proper attention is not being paid to their urban, in Rio Grande do Sul, needs, such as compensatory measures emphasizing the conflict like the construction of schools and experienced by the Silva family improvements in the infrastructure for all those who will be affected along the 343 and the beginning the project kilometers of street construction. for widening the southern The main problem in Morro Alto is the section of interstate BR 101, construction of the tunnels, at a cost of which will affect changes in the around R$ 84 million, which make Quilombo community in Morro communication difficult and isolate the Alto (RS). inhabitants, undermining their chances of

increasing income and making their daily commutes even more complicated.

Besides that, the landscape of the hills around the Quilombo area is being drastically altered by the removal of vegetation and undergrowth, which is considered to be a remnant of the Atlantic Forest in the region.

The community of Morro Alto is made up of the towns of Aguapes, Barranceira, Morro Alto, Ribeirao, Faxinal and part of Espraiado, besides maintaining very close relations with the communities of Prainha and the black communities in Terra de Areia.

The group was the subject of a detailed historical-anthropological study from 2001 to 2002, and received the “Certificate of Self-Recognition as a Descendent of Quilombo Communities”, awarded by the Palmares Cultural Foundation on March 1st, 2004. The titling of the area fell under the responsibility of the INCRA, which is due to begin studies some time this June.

One of the strongest traits which identifies the community is a figurative dance called the Maçambique, in which the “King of the Congo” and “Queen Jinga” dance and sing with their warriors in praise of Our Lady of the Rosary.

The community of Morro Alto requires a detailed analysis of the impact the widening of BR 101 will have on their lifestyles and culture, and demands that the studies done by the INCRA result in the titling of their ancestral lands.

Quilombol@, june 2005

Community

The Silva Family: agony in the first urban quilombo in Brasil The Silva family faces a real-life battle in attempting to guarantee their right to remain on the roughly four thousand meter squared plot of land in which they live, located in the Três Figueiras neighborhood, today one of the most sought after for real estate investments in Porto Alegre.

The community, formed of about 60 people, is winning at every step for recognition of the right to remain on the land, but they continue to be threatened with eviction by a court action initiated by the supposed owners of the area.

On June 2nd, the eviction was almost carried out, and the case has earned some repercussions from the Gaucho public opinion.

The Silvas had already received the Certificate of Self-Recognition, awarded by the Palmares Cultural Foundation on April 30th, 2004. On September 14th of the same year, the Historical and Anthropological Award was delivered to the Municipal Prefecture of Porto Alegre and to the Palmares Cultural Foundation by the anthropologist Ana Paula Comin de Carvalho and by the historian Rodrigo de Azevedo Weimer. On the 22nd of October, Administrative Process no.

54220.002094/2004-28 was initiated in the jurisdiction of the INCRA/RS, for the demarcation and titling of the lands in the community.

However, the 13th Civil Court, Porto

Neighboring Condominiums, as seen from Familia Silva’s plot

Alegre District filed the Return of Possession Action no. 01198180786, in which was expedited an eviction order against the Silva family, in February, 2005.

On the 3rd of May in 2005, answering the summons of the Federal Public Ministry, the attorney from the INCRA/ RS entered a petition stating its interest and requesting the transference of the jurisdiction to the federal sphere, as per Decree no. 4887/03. The request was not evaluated by the judge responsible for determining the enforcement of the earlier court order, by sending a Justice Official and the Military Police to notify the residents of the evacuation of the area, on May 2nd.

According to the substitute

superintendent of the INCRA/RS, Paraclito Braseiro de Deus, the organization took a series of measures, such as writ of mandamus, in order to oppose the court order and to request that the reasons which lead to transference of jurisdiction not to be judged be clarified.

Braseiro even remembered that besides the INCRA, the Silva family lawyer and the State and Federal Public Ministries also questioned the jurisdiction of the state courts over the case. The eviction was suspended by the secondary judge of the 13th Civil Court of Porto Alegre until such time as the requests for transference to the federal sphere can be evaluated.

Black Resistance in a Gaucho Community

Rita de Cassia Silva and her son, Gustavo

For Rita de Cassia da Silva, the main problems faced by the members of the Silva family are “the sewer that runs in the open air” and the lack of basic sanitation in the area. The electrical grid is precarious and is not accessible to all the families that still have to live with the trash deposited daily by local restaurants in the street leading to their property.

The situation of the 60 people living on the property is in stark contrast with the mansions that surround it, as it is located in one of the most expensive neighborhoods in Porto Alegre.

According to Rita, the Silvas “want the deed to their lands”, not just to assure the property rights to the area where

they have lived for decades, but also to have access to services such as telephone and mail. “Having an address is also important if you ever need credit,” Rita gives as an example.

She also calls attention to the fact that they have been losing “pieces” of land to real estate agency projects that have been expanding in the region. The latest loss occurred in 2002, when a wall “pushed” one of the family’s houses toward the center of the property, taking up several square meters of area.

Rita remembers that with the visibility obtained by the Silvas in the media, the “private threats” seem to have diminished, but constant offers to buy the property have continued.

Rita points out that, although they have received the Certificate of SelfRecognition as a Descendent of Quilombo Communities “personally from president of the Palmares Cultural Foundation”, little has changed in the daily life of the family. One of the few

investments by the federal government was a set of industrial sewing machines that were distributed to the houses and now occupy the community meeting hall.

The equipment was sent, in 2004, without there being any place to put them and requiring a different voltage than that supplied by the local electrical grid. Besides that, no one knows how to operate the industrial machines. Rita argues that they asked to be included in an artisan project and ended up getting those machines. “We thought we would be able to work with crochet, painting, food and day to day things”, said Rita.

Now they need some training to learn how to use all those stopped machines.

Quilombol@, june 2005

Alcântara

Communities discuss proposals for Alcântara The main land regularization proposal for the Quilombo territories and the expansion of the Alcântara Launch Center (CLA) was presented by the Ministry of Agrarian Development (MDA) to the People Affected by the Base Movement (MABE) and to the Rural Workers of Alcantara (STTRA), in May. The advantages of the international technology agreements ratified by Brazil and the necessity of the country to enter the world scientific circuit to promote the Brazilian Space Program were pointed out. Among the nine launch centers that exist in the world, the one in Brazil is the lowest operational costs in the world.

The proposal considers the possibility of the expansion projects of the CLA to exist peacefully and harmoniously with the titling of the Quilombo territories.

On April 14th, the Civil House of the Presidency of the Republic created the Executive Subgroup for Housing, Land and Environmental Regularization. The subgroup will function within the jurisdiction of the Inter-ministerial Executive Group (GEI) and will have 60 days to present a plan of action and a time table for carrying it out.

According to Mozart Dietrich from the MDA, many meetings of the subgroup have been held in Brasilia to make the projects compatible favoring dialog with the Brazilian Space Agency and the Minister of Aeronautics.

In agreement with the MDA, the expansion project of the base would consist of the delimitation of the areas or centers that would function as technological support structures for countries that accept the conventions for use of the base. These centers would not fall upon the areas occupied by Quilombo, Mangue and Igarape communities and the beaches would retain free access for the population of Alcântara.

The proposal will be presented in a detailed format to the Quilombo communities in Alcântara and their representative entities, to the Federal Public Ministry, to the Prefecture and Municipal Chamber of Alcântara and to partnering organizations at the beginning of June.

Mozart Dietrich, coordinator of the subgroup, explained that the titling process for the ethnic territory in Alcântara, a measure that would benefit the Quilombo communities, is linked with the discussion and approval of the expansion project of the CLA.

Staff Letícia Osório, Sebastian Tedeschi, Emily Walsh, Cíntia Beatriz Muller e Sinara Sandri (8073 DRT/RS)

The government estimates that by the end of 2005 it will be able to remit a declaration of property for the Quilombos based on the anthropological report by Professor Alfredo Wagner, excluding those areas which would be reserved for the expansion of the CLA, the title of which will go to the Union.

The MDA has shown itself to be a vital part for the approval of the government project for the Quilombo communities.

After the declaration of property is announced by the INCRA, there will be a period of time open for the contestation and desappropriation of any areas belonging to third parties.

The proposal presented by the government will be discussed during the month of June by the communities and representative entities in Alcântara. The Maranhão Entities Forum has already been reassembled with the participation of the MABE, Maranhão Society for Human Rights, CONAQ, ACONERUQ, STTRA and the entities that have participated in the discussion of the project presented by the GEI. These entities do not accept any new relocations of the communities to make way for the expansion of the CLA. The GEI presented in writing to the communities, the government and the entities of Alcântara the terms of the Agreement on Technical Cooperation ratified by the member organizations of the GEI the representative entities of the Quilombo communities and the Municipal Prefecture and City Council of Alcântara to promote actions to aid in the sustainable development of the region.

These actions were discussed during a seminar held in March in Alcântara, and cover the regularization of land, housing and the environment, infrastructure, social policies, the generation of jobs and income and the strengthening of the institutions.

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Center on Housing Rights and Evictions Demétrio Ribeiro 990 / 305 Porto Alegre (RS) Cep - 90.010-313 Tel (x) - (51) 3212.1904 This publication has been made possible with the support of :