E/CN.4/2006/16/Add.3 page 17 constitutional right to cultural diversity, which provides for the adaptation of each educational system to the lifestyle of each community. As a result, there is currently no differentiated education, infrastructures are very poor and the few assigned teachers have temporary contracts and are underpaid. 57. The Special Rapporteur also met with representatives of the Krahô/Kanela group, which migrated there in 1924 and settled in lands called Mata Alagada, in the State of Tocantins, in 1963. In 1984, the Krahô/Kanela were violently expelled by a private company which allegedly claimed ownership of that land. After living for some time in the streets, the group was transferred by FUNAI to another indigenous land, awaiting the settlement of the issue of the Mata Alagada land with the private company, while parts of the group scattered. In 1999, they were again moved to other lands, while FUNAI refused to recognize them as being Indian. After prolonged pressure by human rights NGOs, FUNAI started the process of identification of the land requested by the Krahô/Kanela. In September 2004, the anthropologist designated by FUNAI identified the land as their indigenous land, but the President of FUNAI did not launch the demarcation process. After having been expelled and moved several times, the Krahô/Kanela today live in a small, filthy parcel of land. They have very poor access to food since the land is not arable. According to FUNASA doctors, 80 per cent have serious health problems. They cannot practise their culture for lack of space and fear of hostile behaviour of the local population. They have been asking FUNAI for the last 10 years to be allowed to return to their land, but FUNAI is continuing to act against their interests. The Krahô/Kanela also proposed a programme for the enhancement of their culture and traditions, which was refused. 58. Indigenous peoples feel abandoned and persecuted by public authorities: on one hand there is a total lack of dialogue with the Government, and on the other hand a conflictual relationship with FUNAI. The President of FUNAI asserts that the trusteeship regime still exists, in blatant violation of the law, makes discriminatory statements against the Indians, decides who is Indian and who is not in violation of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and does not provide the assistance required. Finally, the police threaten and kill leaders and members of the Indigenous communities and the judiciary largely keeps guaranteeing the impunity of the police, while criminalizing the actions of Indian leaders. C. Migrants, asylum-seekers and refugees 59. According to the Office of the United Nations High Commissioner for Refugees (UNHCR) in Brasilia, there are 3,000 refugees in Brazil, of which 2,500 are Africans who are victims of the same discrimination suffered by Brazilians of African descent, as confirmed by a number of NGOs. Considerable progress was achieved in 1997 with the adoption of a new law on refugees and the creation in 1998 of a National Committee on refugees. In 2004/05 for the first time microcredits for refugees were established. A major problem is the treatment of refugees at the border: since border agents receive no specific training, refugees are discriminated against and their rights are violated. UNHCR is providing such training, together with SEPPIR. 60. Discrimination does not occur so much in terms of granting of refugee status, but in terms of integration, in relation to education and housing, as for the black Brazilian population. Between November 2003 and July 2004, a flow of asylum-seekers arrived in Pernambuco through Recife: according to several NGOs, the 27 asylum-seekers of African origin were

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