Killing of Mr. Semião Fernandes Vilhalva, one of the leaders of the Guarani-Kaiowá indigenous people in Brazil
URGENT APPEAL - THE OBSERVATORY
BRA 002 / 0915 / OBS 073
Killing
Brazil
September10, 2015
TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT) requests your urgent intervention in the followingsituation in Brazil.
Briefdescription of the information:
TheObservatory has been informed by Justiça Global and Indigenous MissionaryCouncil (Conselho Indigenista Missionário – CIMI) about the killing of Mr.Semião Fernandes Vilhalva, one of the leaders of the Guarani-Kaiowáindigenous people in Brazil, who actively participated in efforts undertakenfor the recognition of indigenous territories and the recognition of the landsof the Guarani-Kaiowá people[1].
According tothe information received, on August 29, 2015, Mr.Semião Fernandes Vilhalva was shot in the face while trying to find his sonduring a land recuperation operation held in the municipality of Antônio Joãoin the western state of Mato Grosso do Sul.
Thekilling of Mr. Semião Fernandes Vilhalva occurred in the context in which landand environmental rights defenders, in particular indigenous rights defendersin Brazil, are increasingly at risk as a result of their human rights work.
Attacksagainst the Guarani-Kaiowás continue even after the killing of Mr. SemiãoFernandes Vilhalva. The Nanderu Marangatu territory was attacked again onAugust 30 by 60 gunmen, who entered the land shooting against children, elderlypeople, women and indigenous men. On September 3, 4 and 5, anotherGuarani-Kaiowá territory was targeted by the farmers, Guyra Kamby’I, which wasattacked with fire conflagration and gun shooting.
TheObservatory strongly condemns the murder of Mr. SemiãoFernandes Vilhalva and the use of excessive force against human rightsdefenders, including indigenous leaders and activists participating in peacefulland reclamation actions. The Observatory urges the authorities to adoptmeasures to ensure their effective protection in Brazil and to conduct an immediate, thorough, impartial and transparentinvestigation into the above-mentioned events.
Actionsrequested:
Pleasewrite to the authorities in Brazil, urging them to:
i. Carryout an immediate, thorough, impartial and transparent investigation into the above-mentionedevents in order to identify all those responsible, bring them before anindependent tribunal, and sanction them as provided by the law;
ii.Move forward in the processes of Guarani-Kaiowá land demarcation, as delays inthe finalization of such processes results in legal uncertainty and insecurityregarding land ownership and foster increased violence in land dispute;
iii.Guarantee in all circumstances the physical and psychological integrity of allhuman rights defenders in Brazil, including in particular land rightsdefenders;
iv.Conform to the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially:
- Article 1, which statesthat “everyone has the right, individually and in association with others, topromote and to strive for the protection and realisation of human rights andfundamental freedoms at the national and international levels”;
- Article 12 , whichstates that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms. The State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration. In this connection, everyone is entitled, individuallyand in association with others, to be protected effectively under national lawin reacting against or opposing, through peaceful means, activities and acts,including those by omission, attributable to States that result in violationsof human rights and fundamental freedoms, as well as acts of violenceperpetrated by groups or individuals that affect the enjoyment of human rightsand fundamental freedoms”.
v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Brazil.
Addresses:
· H.E. Ms. Dilma Rousseff, President of the Federative Republic of Brazil, Paláciodo Planalto, Praça dos Três Poderes, 70150-900, Brasilia DF, Brazil.
Mr.GilbertoJosé Spier Vargas, Secretary for Human Rights,Secretariat for Human Rights of the Presidency of the Republic, Setor Comercial Sul - B, Quadra 9, Lote C,Edificio Parque Cidade Corporate, Torre A, 10º andar, Brasília, DistritoFederal, Brasil - CEP: 70308-200. Email: direitoshumanos@sdh.gov.br;snpddh@sdh.gov.br.Twitter: @DHumanosBrasil
· Ms. Izabella Mônica VieiraTeixeira, State Minister of the Environment, Ministry of theEnvironment, Esplanada dos Ministérios - Bloco B, CEP 70068-900 - Brasília/DF,Brazil. FAX: 2028-1756. Email: gm@mma.gov.br Twitter: @mmeioambiente
· Mr.João Pedro Gonçalves da Costa, President of the Indian National Foundation(FUNAI), SBS, Quadra 02, Lote 14, Ed. Cleto Meireles, CEP 70.070-120 –Brasília/DF, Brazil, Email: presidencia@funai.gov.br.
· H.E. Ms. Regina Maria CordeiroDunlop, Ambassador, Permanent Mission of Brazil to the United Nations inGeneva, Chemin Louis-Dunant 15 (6th Floor), 1202 Geneva, Switzerland. Fax: +4122 910 07 51, Email: delbrasgen@itamaraty.gov.br
· H.E. Mr. André Mattoso Maia Amado,Ambassador, Embassy of Brazil in Brussels, Avenue Louise, 350 B-1050, 1050Brussels, Belgium. Fax: +32 2 640 81 34, Email: brasbruxelas@beon.be
Pleasealso write to the diplomatic mission or embassy of Brazil in your respectivecountry.
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Paris-Geneva,September 10, 2015
Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.
TheObservatory, an FIDH and OMCT venture, is dedicated to the protection of humanrights defenders and aims to offer them concrete support in their time of need.
Tocontact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29
[1] In 2005, the territory of NanderuMarangatu was finally demarcated and approved as belonging to the indigenouspeople. However, the decision was suspended in the same year by the FederalSupreme Court following an injunction filled by the land owners. As a result,many Guarani were forced to live in overcrowded reserves or in makeshift campson the roadside where malnutrition, disease and suicide are high.
After ten years of displacement fromwhat they consider their ancestral lands, on August 21, 2015, around 1,000Guarani-Kaiowá people decided to occupy the ranches of the city of Antônio Joãodemanding access to their basic land right. Peaceful protesters were violentlyrepressed by the farm owners supported by Mato Grosso do Sul's police who usedexcessive force and fired shots at members of the indigenous communities.