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Urgent Action

17 July 2002

UA 216/02 Fear for Safety

BRAZIL
Hiparidi Top'tiro(m), Indigenous leader, and members of his family Dr Mariana Ferreira(f), Anthropologist Anthropological and ethnological researchers working in Sangradouro indigenous territory

Death threats have been received by Hiparidi Top'tiro, an indigenous leader from the Sangradouro indigenous reserve in Primavera do Leste, Mato Grosso state, his family, and Dr Mariana Ferreira, an anthropologist from the University of Tennessee who has been working in the area. Amnesty International is concerned for their safety, and for the safety of other researchers who have been working with Dr Ferreira.

Both Hiparidi Top'tiro and Dr Mariana Ferreira are working for the Xavante Wara Association in Primavera do Leste. They are working together on an environmental project called Salve o Cerrado (Save the Sierra), that is being developed by the Xavante Wara association in conjunction with the Brazilian federal government and the Universities of Sao Paulo and Tennessee. The death threats they have both received are believed to be connected to their work on this project, and therefore other researchers working on this project may also be in danger.

Hiparidi Top'tiro is the president of the Xavante Wara association, and a well-known environmental campaigner. He has been the target of death threats for some time, allegedly related both to his work on Salve o Cerrado and a legal action that he brought against local landowners for allegedly deforesting part of an indigenous area. According to reports, the regional administrator of the National Indigenous Foundation (Fundacao Nacional do Indio, FUNAI) in Primavera do Leste, who has strong links to landowners in the region, has long been intimidating and threatening Hiparidi Top'tiro and his family. Although they have reported this behaviour to the national FUNAI Directive on several occasions, no action has been taken to address it.

Dr Mariana Ferreira works as a consultant to the Xavante Wara and makes regular visits to Primavera do Leste. In June she spent 16 days there, carrying out research. The regional FUNAI administrator told Dr Mariana Ferreira and her team, on numerous occasions during this period that Hiparidi Top'tiro and members of his family were in grave danger. Dr Ferreira has also received what appear to be veiled death threats, or even attempts on her life. While driving in Sangradouro in June, a car tried to force her off the road. On another occasion the car she was travelling in nearly crashed into a boulder that had deliberately been moved onto the road into her path.

BACKGROUND INFORMATION
Amnesty International is concerned that indigenous people face human rights violations ranging from assault to massacres during disputes over land rights. The organization believes that the authorities' failure to arbitrate promptly in disputes between the indigenous and non- indigenous community leaves indigenous groups vulnerable to attack.

Although the 1988 Constitution required all indigenous lands in Brazil to be demarcated by 1993, only half of the 555 identified territories have been demarcated so far. In January 1996, this process was slowed down further by Decree 1775/96, which introduced complicated procedures by which non-indigenous claimants can challenge the demarcation of indigenous areas.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:

expressing serious concern for the safety of Hiparidi Top'tiro, his family, Dr Mariana Ferreira and other anthropological and ethnological researchers working in Sangradouro indigenous reserve;
asking the authorities to investigate the threats they have received and to bring those responsible to justice;
calling on the authorities to provide federal protection, as deemed appropriate by those under threat, to guarantee their safety;
expressing your concern that consistent reports of threatening behaviour by the regional administrator of the FUNAI in Primavera do Leste have not been investigated;
should these reports be verified, calling on the authorities to implement all appropriate disciplinary and legal sanctions to address threatening behaviour by the regional administrator of the FUNAI in Primavera do Leste.

APPEALS TO:

Federal Secretary for Human Rights
Sr. Paulo Sergio Pinheiro
Secretaria de Estado dos Direitos Humanos
Ministerio da Justica
Esplanada dos Ministerios,
Bloco T,40 andar , Sala 420
70064-900 Brasilia - DF, Brazil
Telegrams: Secretario de Estado dos Direitos Humanos, Brasilia - DF, Brazil
Fax: 011 55 61 226 7980
Salutation: Exmo.Sr, Secretario/Dear Federal Secretary

President: National Indian Foundation
Exmo. Sr. Presidente da Fundacao Nacional do Indio - FUNAI
Otacilio Antunes dos Reis Filho
SEPS Quadra 702/902 Projecao A, Ed. Lex
70390-025 Brasilia - DF, Brazil
Telegrams: Presidente da Fundacao Nacional do Indio, DF, Brazil
Fax: 011 55 61 226 8782 (When someone answers say 'Me da tom de fax por favor')
Salutation: Exmo. Sr, Presidente/Dear President

Federal Attorney General: Mato Grosso State
Dra Fabiola Dorr Kaloy
Procuradora da Republica - Mato Grosso
Rua Osorio Duque Estrada 107, Ed. Capital - Bairro Araes
78005-720 Cuiaba - MT, Brazil
Telegrams: Procuradora da Republica - Mato Grosso, DF, Brazil
Fax: 011 55 65 612 5085
Salutation:Exma. Sra, Procuradora/Dear Federal Prosecutor

COPIES TO:
Mato Grosso State Governor
Exmo. Sr. Governador do Mato Grosso
Sr. Jose Rogerio Salles
Palacio Paiaguas, Centro Politico Administrativo
78050-970 Cuiaba - MT, Brazil
Telegrams: Governador do Mato Grosso, DF, Brazil
Fax: 011 55 65 613 4120
Salutation: Exmo. Sr, Governador/Dear Governor

Indigenous Rights Organization
CIMI Regional Mato Grosso
Rua dos Nambikuara, 32
Santa Helena - Caixa Postal 147
78005-970 Cuiaba - MT, Brazil

Ambassador Rubens Barbosa
Brazilian Embassy
3006 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 238 2827

Please send appeals immediately. Check with the Colorado office between 9:00 am and 6:00 pm, Mountain Time, weekdays only, if sending appeals after August 28, 2002.

Amnesty International is a worldwide grassroots movement that promotes and defends human rights.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881

Sample letter:

July 22, 2002

Federal Secretary for Human Rights
Sr. Paulo Sergio Pinheiro
Secretaria de Estado dos Direitos Humanos
Ministerio da Justica
Esplanada dos Ministerios,
Bloco T,40 andar , Sala 420
70064-900 Brasilia - DF, Brazil

Dear Federal Secretary,

Concerns over the safety of Hiparidi Top'tiro, a Xavante man from the Sangradouro Reserve in Mato Grosso, his family and anthropologist Dr. Mariana Ferreira have recently come to my attention.

I write to request that threats against them be investigated immediately and that, should they be substantiated, those responsible be brought to justice. I am concerned that persistent reports of threatening behavior made by the FUNAI regional administrator in Primavera do Leste, MT have not been investigated.

Should these reports be verified, I urge you and other authorities to implement all appropriate disciplinary and legal sanctions to the FUNAI regional administrator and other involved parties.

I request that federal authorities provide protection for Mr. Top'tiro, the members of his family, and for Dr. Ferreira and the members of her research team until this situation has been investigated and the situation is resolved.

Thank you for your attention to my concerns and requests.

Sincerely,