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Entschließungsantrag - B8-1265/2016Entschließungsantrag
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MOTION FOR A RESOLUTION on the situation of the Guarani-Kalowa in the Brazilian State of Mato Grosso

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

Ignazio Corrao, Fabio Massimo Castaldo, Isabella Adinolfi, Rolandas Paksas on behalf of the EFDD Group

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

Verfahren : 2016/2991(RSP)
Werdegang im Plenum
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European Parliament resolution on the situation of the Guarani-Kalowa in the Brazilian State of Mato Grosso


The European Parliament,

- 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 and in particular to its Resolution of 15 February 1996 on the violations of constitutional rights of indigenous peoples in Brazil;

- having regard to the message of the EU Special Representative for Human Rights during the EU-Brazil Human Rights Dialogue

- having regard to its resolution of 14 April 2016 on Honduras: situation of human rights defenders;

- having regard to the European Union Guidelines on Human Rights Defenders;

- having regard to the report of the UN Special Rapporteur on the rights of indigenous peoples on her mission to Brazil, 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;

A. Whereas that the current Brazilian Constitution of 1988 and legal framework enshrine indigenous people´s original right to their ancestral territory, without establishing any kind of time limitation for the recognition of such right.; whereas the State must only regulate and protect it;

B. Whereas according to the National Survey on Health and Nutrition of Indigenous Population carried out in 2009, the rate of chronic malnutrition among indigenous children is 26% compared to an average of 5,9% among non-indigenous children; whereas these figures reveal the bad living conditions in which the majority of indigenous people in Brazil live;

C. Whereas the information published by the Ministry of Health of Brazil (DSEI-MS), on the cases of assassinations and suicides of indigenous Guarani and Kaiowá in Mato Grosso do Sul State, highlights that over the past 14 years, at least 400 indigenous people were murdered, 700 committed suicide, mostly young people, and that at least 14 indigenous leaders were killed due to the defence of their territorial rights;

D. Whereas 98.6% of indigenous lands in Brazil are in the Amazon region; whereas the protection of these lands is important for the protecting the way of life of indigenous people, for the preservation of biodiversity and to counteract climate change;

E. Whereas the official indigenous body, FUNAI had its budget cut by more than 40%; whereas FUNAI has stated that there are 479 new processes of indigenous territory claims;

F. Whereas there has been an escalation of different types of violence against indigenous leaders and communities, with the presence of organised armed groups acting freely in the indigenous territories, especially in the Guarani and Kaiowá cases,

G. Whereas a number of initiatives of reform, interpretation and application of the Brazilian Federal Constitution are ongoing and whereas these possible changes jeopardise the indigenous rights recognized by the Brazilian Federal Constitution;

1. Condemns the violence perpetrated against indigenous peoples and communities in Brazil; is extremely concerned by the humanitarian crisis that the Kaiowá Guarani people are facing in Mato Grosso do Sul;

2. Calls on the Brazilian authorities to conduct comprehensive and impartial investigations into cases of assassinations of indigenous people defending their rights as well as to investigate the actions and hold accountable armed groups attacking indigenous communities

3. Calls on the Brazilian Government to definitively demarcate all indigenous lands in Brazil, creating technical and operational conditions for this purpose; stresses that adequate living conditions for indigenous people must be guaranteed by the state, including access to fundamental rights such as food, health, education and water.

4. Calls on the Commission to assess the situation of violence against indigenous communities and their territorial rights and to raise the issue in the political dialogue with Brazilian authorities, taking this data into account for future trade negotiations with brazil; calls on the Commission to offer support in the preparation of a working plan for the full demarcation of all territories claimed by Guarani and Kaiowá;

5. Urges the Brazilian National Congress to safeguard constitutional norms in their current form, in particular regarding the exclusive competence of the executive branch with regard to demarcating indigenous lands, thus guaranteeing the legal security of indigenous peoples,

6. Urges the Brazilian Federal Supreme Court to continue protecting the original and constitutional rights of the indigenous peoples and the National Council of Justice to develop mechanisms and actions to support quick and fare trials involving vulnerable populations, territorial disputes and humanitarian crisis

7. Urges the Federal Supreme Court to continue to safeguard the indigenous and their constitutional rights and to not accept the temporal framework theory as an argument for denying the right to the territory of indigenous peoples;

8. Instructs its President to forward this resolution to the Council, the Commission, the President and the Government of Brazil, the President of the Brazilian National Congress, the United Nations Permanent Forum on Indigenous Issues, the UN Special Rapporteur on the Rights of Indigenous Peoples, the Special Adviser to the United Nations Secretary-General for the Prevention of Genocide,the Kaiowá People and the Articulation of the Indigenous Peoples of Brazil (APIB).