A/HRC/12/34/Add.2 page 15 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.

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