Brasília, March 26, 2004 (Agência Brasil) - The Indigenous Council of Roraima (CIR) is filing a petition against Brazil in the Inter-American Human Rights Council of the Organization of American States (OAS) in Washington, USA. The petition accuses the country of delaying the process sanctioning the demarcation of the Raposa/Serra do Sol Indian Reserve, located on the frontier between Brazil, Venezuela, and Guyana.

The case will be argued on March 29 by the lawyer, Joênia Batista de Carvalho, a member of the Wapixana ethnic group. In May, Joênia, who is Brazil's first native lawyer, will receive the Reebock 2004 Defense of Human Rights award, alongside Nader Nadery, from Afghanistan, Yinka Ekpe, from Nigeria (for her work on behalf of women with Aids), and Vanita Gupta, from the United States (for her battle against racism in the judical system).

"We don't want to fight with the Brazilian government," the lawyer explained in an interview with the National Radio of the Amazon. She assured that what is driving the Indians to an international venue is the delay. She acknowledges that, if the Council deems that the case should be presented before the OAS's Inter-American Court, "there can indeed be adverse egal consequences for Brazil."

In the petition that will be delivered in Washington, the CIR accuses the Federal Republic of Brazil of violating the rights and guarantees of the Macuxi, Wapixana, Ingarikó, Taurepang, and Patmona peoples. Carvalho claims that Brazil is not protecting the patrimonial rights of these indigenous groups.

The process of delimiting the Raposa/Serra do Sol Reserve, in Roraima, began in 1993, when the area was officially recognized. In 1998 permanent title was granted. The Reserve was demarcated and guaranteed by the Constitution. But it still needed to receive official sanction, that is, the declaratory act that will permit registration of the title in notary public offices.

"We believe that Indian rights are also human rights. Therefore, we want the OAS to call upon Brazil to explain the reasons for this delay in the homologation. And to give us guarantees that the Indian territory will not be diminished," Carvalho added.

The attorney, who will represent the CIR before the OAS, insists that the question of non-native residents in the two municipalities that exist within the reserve will be resolved according to law. She explains that, in accordance with the law that deals with usufruct on Indian lands, "the rights of those who have made property improvements in good faith will be respected." She says that she does not accept being pressured by politicians. "That is why it is important for the federal government to have a very well structured plan for the non-forcible removal of the whites who live in the reserve."

Translator: David Silberstein