MOTION FOR A RESOLUTION on the situation of the Guarani-Kaiowa in Brazilian State of Mato Grosso Do Sul

22.11.2016 - (2016/2991(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

António Marinho e Pinto, Nedzhmi Ali, Petras Auštrevičius, Izaskun Bilbao Barandica, Beatriz Becerra Basterrechea, Dita Charanzová, Ilhan Kyuchyuk, Pavel Telička, Fredrick Federley, Ramon Tremosa i Balcells, Marielle de Sarnez, Gérard Deprez, Martina Dlabajová, José Inácio Faria, María Teresa Giménez Barbat, Nathalie Griesbeck, Marian Harkin, Filiz Hyusmenova, Ivan Jakovčić, Petr Ježek, Louis Michel, Urmas Paet, Maite Pagazaurtundúa Ruiz, Carolina Punset, Frédérique Ries, Marietje Schaake, Jasenko Selimovic, Hannu Takkula, Ivo Vajgl, Hilde Vautmans, Paavo Väyrynen, Cecilia Wikström, Viktor Uspaskich, Valentinas Mazuronis on behalf of the ALDE Group

See also joint motion for a resolution RC-B8-1260/2016

B8‑1275/20169

European Parliament resolution on the situation of the Guarani-Kaiowa in Brazilian State of Mato Grosso Do Sul

(2016/2991(RSP))

The European Parliament,

- having regard to the United Nations Universal Declaration of Human Rights of 1948

- having regard to Article 21 of the Treaty of the European Union

- having regard to the European Convention on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights

- having regard to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

- having regard to its previous resolutions on the need to defend human rights and indigenous rights and the territories of the original peoples of Brazil , in particular, to its Resolution of 15 February 1996 on the violations of constitutional rights of indigenous peoples in Brazil;

- having regard to the report of the UN Special Rapporteur on the rights of indigenous peoples on her mission to Brazil (A/HRC/33/42/Add.1), the call to the Brazilian State from the Union Nations High Commission for Human Rights and the communiqués by the Inter-American Commission on Human Rights;

- having regard to the European Instrument for Democracy and Human Rights (EIDHR)

- having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

 

A. Whereas a long-lasting conflict persists in the Brazilian State of Mato Grosso do Sul between the Guarani-Kaiowa indigenous community and the landowners as regards their right to their ancestral lands; whereas numerous members of the indigenous community have systematically been expelled from their territories;

B. whereas the indigenous Guarani-Kaiowa community has been victim of successive and increasing attacks over the last years; whereas over the past 14 years, at least 400 members of the indigenous community were murdered including 12 indigenous leaders, 700 have committed suicide due to the defence of their territorial rights.

C. whereas several cases are still pending police investigation in relation to armed paramilitary militias established by large landowners; whereas violations are also regarded as the result of the excessive use of police force;

D. whereas the 1988 Brazilian Constitution preserves the indigenous people´s original right to their ancestral territory and establishes the obligation to delimit the land historically used by indigenous people who have been evicted from their ancestral lands;

E. whereas the Federal Public Ministry and the National Foundation for the Support of Indigenous people (FUNAI) signed in 2007 the Terms of Adjustment of Conduct (TAC) in order to identify and demarcate 36 territories of the Guarani-Kaiowa community in Mato Grosso do Sul by 2009;

F. whereas the State of Mato Grosso do Sul has the second largest indigenous population of the country and only less than 1.6% has been demarcated as indigenous land so far;

G. whereas the proposal for a Constitutional amendment (PECC 215/00) could put at risk the indigenous rights recognized by the Brazilian Federal Constitution while violating the several human rights treaties ratified by Brazil.

H. whereas around 30 000 members of the Guarani-Kaiowa indigenous community live in extreme poverty in the state of Mato Grosso do Sul;

J. whereas the State Government has not fulfilled its legal obligations in providing basic needs as food and drinking water to all indigenous populations of the State.

K. whereas the UN Special Rapporteur on the Right of Indigenous people underlined in 2009 the systematic and generalized nature of violence and strongly recommended the need for structural solutions, in the case of the Guarani -Kaiowá community.

O. whereas the UN Special Rapporteur on the Right of Indigenous people highlighted during her last visit to Brazil in March 2016, the disturbing absence of progress as regards the rights of indigenous peoples and the homologation of their territory.

 

1. Expresses it concerns towards the escalation of violence that the Guarani-Kaiowá indigenous community is currently facing in the State of Mato Gross do Sul in Brazil, in particular, over the regression in the protection of this community in the recent years.

2. Strongly condemns the violence perpetrated against the people of the indigenous communities as well as the situation of the poverty and the humanitarian crisis and the conditions of poverty that the Guanari -Kaiowá population is facing.

3. Calls on the Brazilian authorities to take immediate action measures to protect indigenous people’s security and physical integrity and to conduct comprehensive investigations into all attacks and killings of indigenous human rights defenders.

4. Urges the Brazilian Government to definitely demarcate and homologate all indigenous lands in Brazil in accordance with the Brazilian Constitution.

5. Calls on the Brazilian government to take immediate action in order to solve the serious humanitarian crisis faced by the indigenous community by fulfilling their basic needs for survival such as food, drinking water and children’s school enrolment.

6. Expects the Federal Supreme Court to continue to protect the constitutional rights of indigenous people.

7. Calls on the Council and the Commission to assess the situation of violence against indigenous communities and the guarantees of human and territorial rights in their political, economic and trade relations with Brazil.

8. Instructs its President to forward this resolution to the Council, the Commission, the President and the Government of Brazil, the European External Action Service, the EU Special Representative for Human Rights, the governments and parliaments of the Member State and the UN Special Rapporteur on the Rights of Indigenous Peoples.