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48. Indigenous peoples have attempted to regain traditional lands that are now under the
control of non-indigenous occupants. In Mato Grosso do Sul and elsewhere, FUNAI is
considering demands for the expansion of the indigenous land areas registered under the
pre-1988 regime and has initiated the procedure, described above, for the demarcation of
additional areas. In a number of instances, in advance of a final resolution by the State,
indigenous groups have simply reoccupied places within their traditional territories that are titled
to non-indigenous farmers.
49. The efforts to regain traditional lands have led to tensions that on numerous occasions
have erupted into violence. Alarmingly, the homicide rate among the indigenous population in
Mato Grosso do Sul has increased significantly in recent years, with 19 homicides in 2004,
28 in 2005, 27 in 2006, and some 53 in 2007. The homicides were a result of both internal and
external tensions, and many killings and threats of violence against indigenous individuals are
either directly or indirectly related to the indigenous land struggle. The Special Rapporteur heard
reports of violent clashes between local police forces and indigenous peoples, and accounts of
harassment by local police forces. He also received reports of violent confrontations between
private armed guards, allegedly hired by non-indigenous farmers, and indigenous groups that
have reoccupied land to which the farmers claim title. Related to these kinds of confrontations is
the criminal prosecution of indigenous individuals for occupying land or engaging in other acts
of protest.
50. In Mato Grosso do Sul, the Special Rapporteur met with a group of farmers who asserted
that they or their forebears had acquired in good faith Government-sanctioned titles to the lands
they now use for agricultural production, which is considered the backbone of the state’s
economy. They complained that the federal Government now only offers compensation for
improvements on the land, and not for the value of the land itself, when non-indigenous
occupants are removed from land that is demarcated and registered as indigenous. They also
expressed concern that they are unable to ascertain from FUNAI which lands in particular are
being targeted for demarcation, leaving them in a condition of perpetual uncertainty. A
polarization of positions and interests was apparent to the Special Rapporteur during the
visit, and he observed the need for every effort to be made to form a transparent and
constructive dialogue among all the stakeholders, including indigenous groups, FUNAI, and the
non-indigenous occupants of lands that may be targeted for demarcation and registration as
indigenous.
51. A related problem is the invasion of lands that have remained or are now in the possession
of indigenous peoples, including lands that have been demarcated and registered. The Special
Rapporteur heard reports of the presence of new or persistent invaders (usually for illegal mining
or logging) on Yanomami and Yekua territory in the Amazon, Cinta Larga lands in Rondônia
and Mato Grosso, and on Guajajara lands in Maranhão. The invasion of miners and loggers has
various residual security and health implications for indigenous communities, including
restrictions to freedom of movement, sexual violence against women and girls, and the arrival of
new diseases brought into the territory against which indigenous peoples have little or no
immunity, including malaria, tuberculosis and smallpox, among others. For example, in the
territory of the Cinta Larga people, women and children are reported to have been particularly
affected by abuse. In Mato Grosso the lack of adequate action to remove the illegal occupants of
Maraiwatsede territory (ratified in 1998) - the land of the Xavante people - has intensified
conflict.