E/CN.4/2006/16/Add.3
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53.
The Special Rapporteur visited Indian communities in Pernambuco to witness their living
conditions and received their direct testimonies of social marginalization, economic deprivation
and extreme police violence. He met leaders of the Xukuru, Truká and other groups, who had
themselves been the victims of murder attempts, or whose fathers, spouses or sons had been
assassinated. Thirty-three Indians were murdered from January to September 2005, while there
were 22 murder attempts and 12 cases of death threats. In the recent case of the appalling
murder of the Truká leader and his adolescent son in June 2005, which occurred in front of their
family and community, members of the police have been publicly identified as the murderers.
However, no arrest or investigation has taken place so far to sanction the murders, while the
federal police is investigating an alleged crime of resistance by the murdered Indians. This
murder seems to be linked to the opposition of the Truká to the deviation of the river
San Francisco, which would gravely endanger the survival of the Truká community on their
ancestral land. This is the last in a series of murders since 1984, when the Truká decided to
return to their land: the military police then started an open confrontation with them, with a first
assassination in 1986 and the criminalization of the Truká which started in 1994. In 1999 the
Truká recuperated another part of their land and were declared, the following year, the primary
producers of rice for the State, which was repeated for the next five years. Today, all Truká
leaders are criminalized by the federal police. In this extremely precarious context, FUNAI does
not protect them.
54.
The Xukuru land was recognized as indigenous land, with many difficulties, because of
the attraction of their beautiful territory for investors. After several appeals against that
recognition, the federal justice authorities finally recognized the rights of the Xukuru to their
land. The father of the current Xukuru leader, who was also the previous leader, was
assassinated in 1998. The current Xukuru leader received numerous death threats and escaped
an ambush in 2003, in which two of his friends were killed. He has not received protection,
despite a request for protective measures by the Inter-American Commission on Human Rights.
Several members of the community are persecuted by the police and the judiciary. Other Indian
communities with which the Special Rapporteur met are facing the same situation of violence
while requesting without success the assistance of FUNAI for the repossession of their land.
55.
In addition, basic services are lacking in Indian communities. Health services are
extremely poor: few doctors are available in neighbouring towns, medicines are not available
and months pass before a member can get an examination. FUNASA is responsible for the
health of the Indians, but the system does not work, its actions are entrusted to the municipalities,
or NGOs, without coordination, and services do not reach the communities. Child mortality is
much higher than the national average: many die from lack of health care or undernutrition.
Also, due to the very harsh conditions of life, the lack of perspective and the humiliation and
violence suffered by the Indians, the rate of suicides is high.
56.
The lack of appropriate education is a major concern. The regulation of 1999 concerning
indigenous education creates the categories of indigenous schools and teachers, transfers the
responsibility of primary education to the State, reaffirms the duty of the State to consult with the
indigenous communities before taking any decision, recognizes the right to a specific calendar,
and allows Indian leaders to participate in the development of educational programmes.
However, the implementation of such provision is extremely difficult. For example, in
Pernambuco, the State has no such educational policy, has established no system of consultation
with Indian leaders, has trained no teachers, and most worryingly has no understanding of the