- Neri Ramos de Silva, a 23-year-old Guarani Kaiowá man, was shot in the back of the head by military police in the southwestern state of Mato Grosso do Sul, Brazil, where the Ñande Ru Marangatu territory overlaps with private property.
- The violence has refocused attention on the country’s slow land demarcation process and the unsafe conditions it has created for Guarani and other Indigenous people.
- The Guarani Kaiowá have been trying to demarcate their land since the early 2000s but ran into delays because of the “time frame” law, which only allows reclamation for Indigenous communities who were physically present on land as of 1988, when the new constitution restored democracy.
Military police in Brazil last week killed an Indigenous Guarani Kaiowá man and wounded several others during altercations over contested land, which the communities have been trying to take formal control of for decades. The violence has refocused attention on the country’s slow land demarcation process and the unsafe conditions it has created for Guarani and other Indigenous people.
Neri Ramos de Silva, a 23-year-old Guarani Kaiowá man, was shot in the back of the head on September 18 by military police in the southwestern state of Mato Grosso do Sul, where the Ñande Ru Marangatu territory overlaps with private property, according to the Ministry of Indigenous Peoples (MPI). The violence stemmed from disputes over who had a right to occupy the area.
De Silva, a father of an 11-month-old, was a vocal supporter of Indigenous land demarcation for his community.
“The MPI expresses its deep regret and indignation for yet another Indigenous life lost in the actions of those who should have guaranteed their safety,” it said in a statement following the news.
The Guarani Kaiowá — a subgroup of the Guarani — lost most of their ancestral land in Mato Grosso do Sul throughout the 1960s, 70s and 80s, when rapid expansion of cattle ranching and farming resulted in deforestation and the loss of biodiversity.
Indigenous communities of all kinds have spent decades trying to reclaim their land through a demarcation process, in which territories are mapped and titled by the National Indigenous Peoples Foundation (Funai). But the work has been slow and often runs into obstacles.
For the Guarani Kaiowá, demarcation began in the early 2000s but stalled in 2014 due to a controversial law that only allows reclamation for Indigenous communities who were physically present on their land as of 1988, when the new constitution restored democracy.
Opponents of the “time frame” law, known as marco temporal in Portuguese, have pointed out that many communities, the Guarani Kaiowá included, were displaced long before that date. Proponents of the law, meanwhile, say that Indigenous people could theoretically claim the entire country if a limit isn’t imposed. However, Funai has refuted that as a realistic outcome.
The supreme court struck down the time frame law last year, opening up new pathways for Indigenous communities trying to reclaim control of ancestral territory. But now Congress is also considering a bill to reinstate the law, and even overrode President Lula da Silva’s veto of it last year.
Throughout the history of the land reclamation process, debates over the time fame law have created confusion about who can legally occupy what land and when, resulting in escalated violence against Indigenous communities trying to reclaim their territory.
On the one hand, Indigenous people have a right to the land, Gustavo Caminoto Geiser, forensic specialist for the Federal Police, told Mongabay. On the other, the demarcation process isn’t complete or clear in its interpretation, and farmers are the ones who can usually produce documents proving ownership.
“The accusation that, in some places, the police are more than just protecting property, but really working on the farmer’s side — I think it’s true. I think they do more than what’s their obligation. They really fight for the farmer,” said Geiser. “But the law is on the farmer’s side now because they have the property.”
Earlier this month, the MPI contacted the Mato Grosso do Sul Secretariat of Justice and Public Security (Sejusp) asking that an investigation be launched into an incident in which three Guarani Kaiowá were injured by law enforcement. The MPI also stressed the need for “due accountability of the agents” involved in the violence.
Sejusp publicly confirmed that there were no orders to forcibly clear people from the area. But military police continued to target Indigenous people, reportedly kicking them and firing their weapons.
The actions took place even though Funai officials were present in the area, according to MPI.
A few days later, despite the warnings from Sejusp, the Guarani Kaiowá Indigenous man was shot in the back of the head by military police.
The Mato Grosso do Sul state government and Funai didn’t respond to a request for comment for this story.
MPI minister Sonia Guajajara called on state governor Eduardo Riedel to hold the officer responsible for the shooting, including removing the officer from his post. She also sent a letter to the federal police requesting an investigation.
Last month, Mongabay reported increased security measures by the Ministry of Justice and Public Security in Mato Grosso do Sul, including more personnel and equipment. But critics say law enforcement haven’t been the solution. They say the supreme court needs to finish evaluating the time frame law and discussing whether there’s a clearer interpretation that could reduce conflicts.
“I think we should have a fast and complete decision from the supreme court about how to deal with [land demarcation],” Geiser said. “If the [Indigenous communities] don’t fight, they’ll never have the lands. So they have to fight. They will be forgotten if they just stay quiet.”
Banner image: Indigenous people protesting the time frame law. Photo by giuliannemartins/APIB
See related from this reporter:
Communities fend off attacks as officials study Brazil’s anti-Indigenous land rights bill
FEEDBACK: Use this form to send a message to the author of this post. If you want to post a public comment, you can do that at the bottom of the page.
Credits
