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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