violations of the rights of the guarani of mato grosso do sul state, brazil

RODRIGUES, GUARANI KAIOWÁ FROM ARROIO-KORÁ, WERE SHOT IN THE CHEST AND SERIOUSLYINJURED IN AUGUST 2000. ARISTEU CAMPOSOF THE POLEGAR RANCH WAS ACCUSED OFATTEMPTED MURDER.PRESIDENT LULA RATIFIED THE INDIGENOUSTERRITORY OF ARROIO-KORÁ IN PARANHOS ON 21 STDECEMBER 2009, THREE YEARS AFTER THIS LANDWAS DECLARED AN INDIGENOUS TERRITORY BY THEMINISTRY OF JUSTICE. HOWEVER, JUDGE GILMARMENDES OF THE SUPREME COURT HAS SINCESUSPENDED THE RATIFICATION OF 94% OF THISLAND AT THE REQUEST OF RANCHERS ON THEGUARANI’S LAND, FOLLOWING THE ARGUMENT THATSINCE THE RANCHES WERE REGISTERED EARLIERTHAN THE 1988 CONSTITUTION, THE INDIANS DONOT HAVE THE RIGHT TO LIVE ON THEIR LAND. 31THE FACT THAT THE JUDGE CONSIDERED THISARGUMENT IS OF GREAT CONCERN AS MOST OF THEGUARANI WERE EVICTED FROM THEIR ANCESTRALLAND BEFORE 1988.BY GUNMEN, AND THREE CHILDREN HAVE DIEDFROM MALNUTRITION. THE RANCHERS AND THEIRGUNMEN HAVE NOT BEEN BROUGHT TO TRIAL FORTHEIR CRIMES.A SURVIVAL RESEARCHER VISITED THE ROADSIDECAMP OF THE COMMUNITY IN FEBRUARY 2008 ANDINTERVIEWED FIVE GUARANI KAIOWÁ WHO HADBEEN SHOT AND BADLY INJURED AFTER ONE OFTHE REOCCUPATION ATTEMPTS. THEIR LEADERHAD GONE INTO HIDING AFTER RECEIVINGDEATH THREATS.THE MOST RECENT ATTEMPT AT REOCCUPATION BYTHE GUARANI OF KURUSU MBA TOOK PLACE ON25TH NOVEMBER 2009. THE GUARANI ATTESTEDTHAT THE NIGHT AFTER THE REOCCUPATION,RANCHERS AND GUNMEN ARRIVED IN TEN TRUCKSAND FIRED SHOTS AT THE 250 PEOPLE WHO HADRETURNED TO THEIR LAND. IN DECEMBER 2009,THE BODY OF 15-YEAR-OLD OSMAIR FERNANDES OFKURUSU MBA WAS FOUND BEATEN AND TORTURED.IN A LETTER WRITTEN BY THE GUARANI OF KURUSUKURUSU MBAUNDER PRESSURE FROM RANCHERS, THECOMMUNITY OF KURUSU MBA ABANDONED ITSLAND IN 1975. SINCE THEN, THEY HAVE LIVED INTHE OVERCROWDED RESERVES OF SASSORÓ ANDAMAMBAI 32 , AND MORE RECENTLY FROM 2005 UNTILTHE PRESENT DATE THEY HAVE BEEN LIVING AT THESIDE OF HIGHWAY MS 289, WHERE THEY HAVE NOMBA, THEY STRESS THAT THEY HAVE BEEN WAITINGFOR A LONG TIME FOR THEIR LAND TO BEDEMARCATED. THEY WRITE ‘WE ARE GROWINGIMPATIENT WITH THE EXCESSIVE DELAY (OFDEMARCATION). IT IS SLOWLY KILLING USAND EXPOSING US TO GENOCIDE’. 34ACCESS TO CLEAN DRINKING WATER. 33THE GUARANI OF KURUSU MBA HAVE ATTEMPTEDTO REOCCUPY THEIR ANCESTRAL LAND AT LEASTTHREE TIMES. IN THIS PROCESS, THEIR LEADERSHAVE BEEN SYSTEMATICALLY TARGETED AND SOMEASSASSINATED, AND THE COMMUNITY HAS BEENEVICTED FROM THEIR LAND AND ENDED UP ON THESIDE OF THE ROAD.SINCE 2007, KURETÊ LOPES (A 70 YEAR-OLD WOMANLEADER AND SHAMAN), ORTIS LOPES AND OSVALDOLOPES, ALL FROM KURUSU MBA, HAVE BEEN KILLEDGuarani reoccupations of their landoften lead to violence and death.8