Police murder Guarani man as Brazil struggles to demarcate indigenous territories

Last week, military police in Brazil killed an indigenous Guarani-Kaiowá man and injured several others in clashes over disputed land that communities have sought to formally gain 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 peoples.

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 area overlaps with private property. according to the Ministry for Indigenous Peoples (MPI). The violence stemmed from disputes over who had the right to occupy the territory.

De Silva, father of an 11-month-old child, has been a vocal supporter of indigenous land delimitation for his community.

“MPI expresses its deep regret and outrage that another Indigenous life has been lost due to 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 in the 1960s, '70s and '80s, when rapid expansion of livestock farming and agriculture led to deforestation and loss of biodiversity.

Indigenous communities of all kinds have tried for decades to reclaim their lands through a delimitation process that involves mapping and titling areas by the National Indigenous Peoples Foundation (Funai). But the work is slow and often encounters obstacles.

For the Guarani Kaiowá, demarcation began in the early 2000s but came to a halt in 2014 due to a controversial law that only allows reclamation for indigenous communities that had been physically on their land since 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, including the Guarani Kaiowá, were displaced long before this date. Meanwhile, proponents of the law say that if no limit is set, indigenous peoples could theoretically claim all of the land. However, Funai has rejected this as a realistic outcome.

The Supreme Court struck down the time frame law last year, opening new avenues for indigenous communities seeking to regain control of traditional territory. But now Congress is also considering a bill to reinstate the law and even overrode President Lula da Silva's veto last year.

Throughout the history of land reclamation, debates over the Time Fame Act have led to confusion over who can legally occupy what land and when, leading to an escalation of violence against indigenous communities seeking to reclaim their territory.

On the one hand, indigenous peoples have a right to the land, Gustavo Caminoto Geiser, a federal police forensic scientist, told Mongabay. On the other hand, the demarcation process is neither complete nor clear in its interpretation, and farmers are usually the ones who can provide documents to prove ownership.

“The accusation that in some places the police are doing more than just protecting property, but really working on the side of the farmers – I think that’s true. I think they are doing more than their duty. They really fight for the farmer,” Geiser said. “But the law is now on the farmers’ side because they own the property.”

Earlier this month, MPI contacted the Secretariat of Justice and Public Security (Sejusp) of Mato Grosso do Sul, requesting the opening of an investigation into an incident in which three Guarani Kaiowá were injured by law enforcement. The MPI also emphasized the need for “appropriate accountability of actors involved in the violence.”

Sejusp publicly confirmed that there were no orders to forcibly evacuate the area. But military police continued to attack indigenous people, reportedly kicking them and firing their weapons.

According to MPI, the actions took place despite the presence of FUNAI officials in the area.

A few days later, the Guarani-Kaiowá indigenous man was shot in the back of the head by military police, despite Sejusp's warnings.

The state government of Mato Grosso do Sul and Funai did not respond to a request for comment for this story.

MPI Minister Sonia Guajajara called on the state's governor, Eduardo Riedel, to hold the officer responsible for the shooting and also to remove him from his post. She also sent a letter to the federal police demanding 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 is not the solution. They say the Supreme Court needs to finish evaluating the time frame law and discuss whether there is a clearer interpretation that could reduce conflict.

“I think we should get a quick and full decision from the Supreme Court on how to deal with this [land demarcation]said Geiser. “If the [Indigenous communities] Don't fight, they will never get the land. So they have to fight. They will be forgotten if they just remain silent.”

Banner image: Indigenous peoples protest against the time frame law. Photo by giuliannemartins/APIB

See related from this reporter:

Communities fend off attacks as officials study Brazil's indigenous land rights law

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