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Supreme Courts suspends 'presumption of good faith' in gold market to curb illegal trafficking

Areas of illegal gold mining in the Yanomami Indigenous Land seen in an overflight along the Mucajaí river, February 2023.

Credit: Fernando Frazão/Agência Brasil

3 May 23

Supreme Courts suspends ‘presumption of good faith’ in gold market to curb illegal trafficking

The Federal Supreme Court (STF) unanimously suspended the legal provision that established the “presumption of good faith” in the gold market. This instrument allowed gold to be traded in Brazil only based on the sellers’ information about the origin of the product. The court decided to follow the individual decision issued by justice Gilmar Mendes on April 4th.

The measure was considered by the Court as one of the main legal loopholes for laundering gold extracted from indigenous lands and environmental reserves. It is expected that the decision will make illegal gold trafficking more difficult and protect the environment and indigenous people.

 

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Attack in Yanomami Indigenous Territory leaves one dead and two wounded; government promises to intensify action

Flight records illegal mining areas inside the Yanomami Indigenous Land, in Roraima, in April 2021.

Credit: Reproduction

1 May 23

Attack in Yanomami Indigenous Territory leaves one dead and two wounded; government promises to intensify action

An attack in the community of Uxiú on Yanomami indigenous land resulted in the death of a Yanomami health agent, in addition to leaving two other indigenous people injured. The Hutukura Yanomami Association (HAY) and the Texoli Ninam Association of the State of Roraima (Taner) said that the attack occurred during a funeral ceremony, and that it was allegedly carried out by illegal miners from a boat with six people on the Mucajaí river.

After the tragedy, the Minister of the Environment and Climate Change (MMA), Marina Silva, stated in a press conference that the actions in Yanomami territory will be intensified. According to the minister, between 75% and 80% of the miners have already been removed from the Yanomami Indigenous Territory, and several mines have been deactivated. However, the task is far from being completed. The actions will be reinforced with the support of the Armed Forces and with the reinforcement of teams from Ibama and the Federal Police (PF).

“We were very sad to learn of the shooting attack by miners against three Yanomami, one of whom died and the other two are being treated in a serious condition. An inter-ministerial committee is on its way to Roraima to further reinforce the actions to find the criminals,” said the Minister of Indigenous Peoples, Sonia Guajajara.

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Indigenous people were the main victims of conflicts in the rural region in 2022

Relatório da Comissão Pastoral da Terra mostra que o ano de 2022 foi marcado pelo elevado crescimento nos dados sobre violência contra a pessoa em decorrência de conflitos no campo.

Crédito: Fernando Frazão/Agência Brasil

17 Apr 23

Indigenous people were the main victims of conflicts in the rural region in 2022

Almost 40% of people killed in rural conflicts in 2022 were indigenous, according to the Pastoral Land Commission (CPT) in a report released on Monday (17). The year was marked by a significant increase in violence against individuals resulting from conflicts in rural areas. In all, 553 incidents were recorded, resulting in the deaths of 1,065 people, 50% more than in 2021 (368 incidents with 819 victims). Traditional peoples are the main victims in this scenario, which includes murders, assassination attempts, threats, assaults, torture and imprisonment.

In 2022, 38% of the 47 people killed in rural areas were indigenous people, totaling 18 cases. Next came landless workers (9), environmentalists (3), settlers (3), and wage workers (3). In addition, the deaths of indigenous rights activist Bruno Pereira and journalist Dom Phillips in Vale do Javari, Amazonas state, were added to the critical scenario of victims of rural conflicts in 2022. The number of murders resulting from rural conflicts last year represented an increase of 30.55% compared to 2021 (36 deaths) and 123% compared to the data recorded in 2020 (21 deaths).

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Supreeme Court justice suspends 'good faith' to certify origin of gold sold in Brazil

Federal Police operation fighting illegal gold mining

Credit: Federal Police/Handout

5 Apr 23

Supreeme Court justice suspends ‘good faith’ to certify origin of gold sold in Brazil

The justice of the Federal Supreme Court (STF), Gilmar Mendes, suspended a section of Law 12,844/2013 that provides for the presumed legality of gold sold in Brazil, as well as the “good faith” of buyers of the metal. The decision was made after a request made by the Green Party (PV) in a direct action of unconstitutionality, arguing that the rule makes private monitoring unfeasible by disempowering the buyer and encouraging the illegal market. In addition to suspending the section of the law that deals with the matter, the justice gave the federal government 90 days to adopt a new regulatory framework for monitoring the gold trade.

The decision by Gilmar Mendes took into account the manifestation of various supervisory agencies of the gold trade in Brazil, such as the National Mining Agency (ANM) and the Central Bank (BC). The magistrate granted the injunction after the Attorney General of the Republic, Augusto Aras, expressed himself for the overturning of the rule that provided for the presumed legality of gold and the good faith of buyers. The minister justified the urgency of the injunction in view of the environmental and humanitarian damage and the increase in generalized criminality caused by illegal mining. The decision will be submitted to the referendum of the STF plenary in virtual plenary as soon as possible.

Illegal mining rates drop but invasion continues in Yanomami Indigenous Land

Yanomami people were disproportionately affected by mining during the last government

Credit: Fernando Frazão / Agência Brasil

5 Apr 23

Illegal mining rates drop but invasion continues in Yanomami Indigenous Land

The presence of environmental enforcement in the Yanomami Indigenous Land has had an effect on the reduction of illegal mining activity in the region of the Uraricoera river, one of the most targeted by miners. According to Agência Pública, the number of warnings of mining hotspots in this region has dropped by 88 percent since IBAMA set up an inspection base and blocked the passage of illegal vessels.

However, in the Yanomami territory as a whole, the drop in garimpo [illegal mining] has been less, at 60%, and 94 new garimpo points or extensions of existing mining areas have been identified since February 20. Furthermore, mining continues to be intense in more remote areas, benefiting from irregular air transport. Other criminal activities, such as the sexual abuse of young people and indigenous women by miners, also continue to occur on Yanomami land, states the report.

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Bruno and Dom: Crime mastermind is suspect of having ordered public servant murder in 2019

The Temporary Commission on Crime in the Northern Region (CTENORTE), formed by congressmen and representatives of federal agencies, meets with leaders of the Union of Indigenous Peoples of Vale do Javari (Univaja). On the wall is a photo of British journalist Dom Phillips and indigenist Bruno Pereira.

Credit: Roberto Stuckert Filho/Gab. Senador Humberto Costa

21 Mar 23

Bruno and Dom: Crime mastermind is suspect of having ordered public servant murder in 2019

The Federal Police is investigating the possible participation of Ruben Dario da Silva Villar, known as Colombia, in the death of Maxciel Pereira dos Santos, a FUNAI [Brazilian indigenous peoples agency] employee, in Tabatinga (AM), in September 2019. He is already suspected of having been the mastermind of the deaths of British journalist Dom Phillips and indigenist Bruno Pereira, last year.

Investigations are trying to assess whether Colombia hired the gunmen to kill the FUNAI employee. The line of investigation is that they would have crossed the triple border with neighboring countries to commit the crime at the behest of Colombia. No suspects have yet been arrested for the crimes.

The investigation was reopened in September 2021, three months after Bruno and Dom’s deaths, and is under secrecy. The police team found several coincidences between the group accused of the double murder and the attack on Maxciel, who worked alongside Bruno in the fight against illegal fishing and mining in Vale do Javari in 2019. According to the. In the past, the police had suggested the archiving of the investigations, but the Federal Public Prosecutor was against it and the investigation was resumed after pressure from Maxciel’s relatives and the international repercussion of Bruno and Dom’s deaths.

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Serra do Mar State Park in São Paulo state becomes a target of illegal mining

View of the Serra do Mar

Crédito: Denise Mayumi

21 Mar 23

Serra do Mar State Park in São Paulo state becomes a target of illegal mining

The Serra do Mar State Park in São Paulo state, the largest Atlantic rainforest reserve in Brazil, is being targeted for illegal mining, according to reports received by the Federal Public Prosecution (MPF). Indigenous people who live in the region found clandestine bridges, a house and trails used by miners, as well as a road that goes through the forest.

Images were recorded inside the Renascer Indigenous Land, in Ubatuba, on the northern coast of São Paulo, showing a truck being loaded with gravel inside a protected area. Attorney Walquíria Picoli stated that there is no authorization from the Union for the mining activity and no environmental license to mine, constituting two crimes: the crime of usurpation of Union property and the crime of illegal mining.

 

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Yanomami Genocide: military refuses to fix 46 landing strips that would help indigenous rescues

De acordo com o relatório apresentado pela Funai, a vegetação alta nas cabeceiras de várias dessas pistas “compromete os procedimentos de pouso e decolagem”. Nas laterais, “dificulta os procedimentos de manobras durante a corrida da aeronave nas pistas.

Crédito: Reprodução

13 Mar 23

Yanomami Genocide: military refuses to fix 46 landing strips that would help indigenous rescues

A report prepared by FUNAI, Brazilian indigenous agency, pointed out that 46 landing strips on Yanomami lands in the Amazon region need maintenance to ensure transportation of the sick and emergency aid to those affected by illegal mining. However, military personnel responsible for the Army’s operation in the region refuse to carry out repairs.

According to the report published by Agência Pública, the military justifies their refusal by alleging that FUNAI did not correctly report the maintenance needs of the landing strips. Furthermore, the Federal Public Prosecutor’s Office (MPF) has been pressuring the responsible authorities to resolve the impasse.

Meanwhile, President Lula traveled to Roraima to participate in an assembly of indigenous people and discuss actions to defend the rights of native peoples.

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Marina Silva visits base attacked by gold miners in Yanomami Land and cites 'immense degradation' in the territory

Ibama helicopters in operation against miners in Yanomami Land

Credit: G1

4 Mar 23

Marina Silva visits base attacked by gold miners in Yanomami Land and cites ‘immense degradation’ in the territory

The Minister of the Environment, Marina Silva, visited Yanomami Land on Saturday (4) to see firsthand the actions implemented by IBAMA to curb illegal gold mining. She went to the inspection base in the Palimiú community, where armed gold miners fired at agents, and flew over regions invaded by the garimpeiros. She was astonished by what she saw in the territory: “The degradation is immeasurable,” she said.

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G1

Yanomami Genocide: Illegal gold scheme involves millionaire companies accused of environmental crime and money laundering in Pará state

Illegal gold miner searches for gold at Uraricouera River, inside Yanomami territory

Credit: Bruno Kelly/Amazônia Real

3 Mar 23

Yanomami Genocide: Illegal gold scheme involves millionaire companies accused of environmental crime and money laundering in Pará state

A joint investigation by the Federal Police and the Federal Public Prosecution revealed that financial institutions accused of environmental crimes in the Amazon and gold laundering in Pará state bought illegal Yanomami gold, according to a story in Reporter Brasil. Companies with million-dollar billings and headquarters in prime neighborhoods of the São Paulo capital are accused of participating in a scheme that may have legalized, in 2019 and 2020, more than 4 tons of illegal gold from several indigenous lands in the Amazon, according to the Federal Public Prosecutor’s Office. Three of these intermediaries – Ourominas, FD’Gold and Carol – appear in the investigations into mining on Yanomami Indigenous Land.

As a result of these investigations, the Federal Police launched on Tuesday (February 28) “Operation Kukuanaland”, which aims to identify and dismantle a criminal organization dedicated to the illegal extraction of gold from indigenous reserves and federal conservation units, to its commercialization, export and money laundering.

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Yanomami Genocide: Pro-mining Senator caught with money in his underwear to preside special committee

Senator Chico Rodrigues (PSB-RR)

Credit: Roque de Sá/Agência Senado

16 Feb 23

Yanomami Genocide: Pro-mining Senator caught with money in his underwear to preside special committee

Senator Chico Rodrigues (PSB) was elected president of the Temporary Committee to monitor the situation of the Yanomami in the Senate on Wednesday (15). In October 2020, the senator gained national attention after being caught with R$ 33,000 hidden in his underwear during a police operation investigating an alleged criminal scheme of diverting public resources to combat Covid-19 in the state of Roraima. In the same operation, a stone that may be a gold nugget was found in the safe in the senator’s room.

Chico Rodrigues has previously declared his support for mining and has advocated for the legalization of the activity on indigenous lands, in addition to requesting the creation of a bill to regulate mining.

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G1

Yanomami Genocide: Federal Police conducts operation against illegal mining on indigenous land; suspects moved R$ 422 million in 5 years

Diamonds found at a suspect’s house

Credit: Federal Police

14 Feb 23

Yanomami Genocide: Federal Police conducts operation against illegal mining on indigenous land; suspects moved R$ 422 million in 5 years

On Tuesday (14), the Federal Police started an operation to fight illegal mining on the Yanomami Indigenous Land in Roraima. The suspects include businessmen, lawyers, and a municipal government employee from Boa Vista, capital of the state of Roraima, who allegedly moved about R$ 422 million in five years. The money was transported by land to Roraima, while the gold was taken by aircraft.

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G1

Supreme Court orders the investigation of Bolsonaro administration officials for genocide

Justice Rosa Weber presiding over a Supreme Court session

Credit: Carlos Moura/SCO/STF

30 Jan 23

Supreme Court orders the investigation of Bolsonaro administration officials for genocide

Justice Luís Roberto Barroso, of the Federal Supreme Court (STF), ordered on Monday (30) the investigation of possible participation of Jair Bolsonaro (PL) government officials in the practice of crimes of genocide, disobedience and breach of judicial secrecy related to the security of indigenous communities.

The decision was made after the minister received information about the situation faced by the Yanomami community, which is suffering from a humanitarian crisis in Roraima and Amazon states.

Sources:

UOL

Yanomami Genocide: Indigenous Association says Denarium was "accomplice" of the tragedy

Davi Kopenawa Yanomami is lifted at the center of the Xihopi village

Credit: Christian Braga/ISA

30 Jan 23

Yanomami Genocide: Indigenous Association says Denarium was “accomplice” of the tragedy

The Hutukara Yanomami Association, an organization that represents the Yanomami people, published a note in which it repudiates the words of the governor of the state of Roraima, Antonio Denarium (PP), about the indigenous people needing to “acculturate”. For the entity, Denarium has been “accomplice of the tragedy” and maintains a colonizer view.

“While the Yanomami people live one of the biggest crises in their history, which has been denounced in recent years by the Hutukara Yanomami Association, the governor Denarium not only denies reality, but argues that indigenous people “have to become acculturated, can no longer stay in the middle of the forest, looking like animals,” says the association.

“Our ways of life are denied to us as if we were primitive, incapable, inhuman. Far from being limited to political discourse, this thinking has been reflected in policies of genocidal tendency that have been systematically implemented in recent years to make it impossible for the Yanomami to maintain their lives,” states the association.

 

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Yanomami Genocide: Using federal structure, illegal mining caused a 309% increase in deforestation on Indigenous Land

There’s an estimate of more than 20,000 illegal miners living and working inside the territory

Credit: Agência Pública

27 Jan 23

Yanomami Genocide: Using federal structure, illegal mining caused a 309% increase in deforestation on Indigenous Land

Between October 2018 and December 2022, deforestation resulting from illegal mining in the Yanomami Indigenous Land increased by 309%, according to a survey prepared by the Hutukara Yanomami Association. In December 2022, the last month of Jair Bolsonaro’s government, the deforested area was 5,053.82 hectares, compared to 1,236 hectares detected at the beginning of the monitoring.

Illegal miners also used a FUNAI (National Indigenous Foundation) base that was supposed to protect the Yanomami, according to an unpublished document obtained by Agência Pública. Document from 2021 cites clandestine helicopters, armed men and miners using government structure inside the territory.

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Yanomami Genocide: government declares public health emergency

Over 570 children died during Bolsonaro’s administration

Photo: Ricardo Stuckert/Palácio do Planalto

20 Jan 23

Yanomami Genocide: government declares public health emergency

After a visit by President Luiz Inácio Lula da Silva and the Minister of Indigenous Peoples, Sônia Guajajara, the Ministry of Health (MH) declared a public health emergency in Yanomami Indigenous Land. The region is being affected by health negligence, malaria and severe malnutrition. 

“It is very sad to know that indigenous people, especially 570 Yanomami children, have died of starvation during the last government. The Ministry of Indigenous Peoples will take urgent action to fight this humanitarian crisis imposed against our peoples,” said Sônia Guajajara.

Also present at the government visit, Health Minister Nísia Trindade, said that the Bolsonaro government was been “omissive” regarding health care for the Yanomami and blamed illegal gold mining for the state of calamity found. 

 

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Two young Pataxó indigenous individuals are murdered in Bahia

Shells found in the murder scene

Credit: Pataxó People

18 Jan 23

Two young Pataxó indigenous individuals are murdered in Bahia

The government of the state of Bahia confirmed that two indigenous Pataxó individuals were killed yesterday (17) in the extreme south of the state. According to preliminary information from the Civil Police, Samuel Cristiano do Amor Divino, 25, and Nawir Brito de Jesus, 17, were shot yesterday afternoon in Itabela. The region is home to the Barra Velha indigenous land, which is the site of intense conflicts with ranchers.

After the crime, the Minister of Indigenous Peoples, Sônia Guajajara, said she requested the Ministry of Justice and Public Safety to send the National Force to the location. “Yesterday, we lost two young Pataxó due to conflict over land and struggle for demarcation. My first agenda of the day will be with indigenous leaders in the extreme south of Bahia. I will follow closely what has been happening in the region and I will request immediate action from the State,” he wrote.

In the last days of 2022, on December 27, another village in the same Indigenous Land, the Quero Ver, in the municipality of Prado, had been invaded by armed men. According to Brasil de Fato, the atmosphere in the region is of fear and mourning, but giving up is not an option for the community.

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Under pressure from indigenous leaders, Minister of Justice Flavio Dino said the government will act on the killings of Bruno Pereira and Dom Phillips

Indigenista Bruno Pereira e o jornalista Dom Phillips

Cris Vector

5 Jan 23

Under pressure from indigenous leaders, Minister of Justice Flavio Dino said the government will act on the killings of Bruno Pereira and Dom Phillips

The minister of Justice, Flávio Dino, said in an interview on that he will determine the Federal Police to do “as much as they possibly can” to resolve and bring justice on the killings of indigenous expert Bruno Pereira and British journalist Dom Philips, in the Javary Valley in Amazonas state in June 2022. 

Beto Marubo, an indigenous leader and member of the Union of Indigenous Peoples of Javari Valley (Univaja) who worked with Dom and Bruno, has demanded, in his social media channels, that the resolution of the case gets the same effort and priority as the murder of Marielle Franco, the Rio de Janeiro city council deputy murdered in March 2018. “This case also needs to be resolved, to Brazil and to the world”, Marubo tweeted. Due to security issues, Beto Marubo has not been back to the Javari Valley since the brutal murders.  To him, the continued threats and the presence of criminal groups in the region means that “there was absolutely no justice” with regards to the deaths of his colleagues.

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Yanomami indigenous people suffer from malnutrition as a result of illegal mining and demand an end to exploitation on their lands

This is the Yanomami people that takes care of the forest

Credits: Júnior Hekurari Yanomami/Reproduction

17 Dec 22

Yanomami indigenous people suffer from malnutrition as a result of illegal mining and demand an end to exploitation on their lands

New images of Yanomami in a dramatic situation reverberated this Friday (12/09/2022). They reveal residents of the Kataroa community affected by severe acute malnutrition. Kataroa is located in the Surucucu region, in the municipality of Alto Alegre, north of Roraima, Brazil.

The health crisis results from the fatal combination of the prospector invasion, the federal government’s neglect and cases of corruption, with the diversion of resources from indigenous health. The mining invasion causes contamination of rivers and degradation of the forest, which reflects on the health of the Yanomami, especially children, who face malnutrition due to the scarcity of food.

In November, the Federal Police and the Federal Public Prosecutor’s Office (MPF) carried out an operation against fraud in the purchase of medicines destined for the Yanomami Special Indigenous Health District (Dsei-Y). Among the targets of the Yoasi operation are businessmen and employees of the Yanomami Indigenous Health District (Dsei-Y), a Ministry of Health agency responsible for Yanomami indigenous health. According to investigations, the criminal scheme left at least 10,000 indigenous children without medication.

Under Bolsonaro, the Yanomami suffer the highest rate of deaths from child malnutrition in the country. With only 0.013% of the Brazilian population, the Yanomami had 7% of deaths due to child malnutrition between 2019 and 2020 – 24 children died. According to Agência Pública, more than 50% of Yanomami children are underweight, and many Yanomami health posts have gone more than a year without food.

On Tuesday (06), another fact raised the alert for the territory. The Homoxi Indigenous Basic Health Unit (UBSI), in the Homoxi region, was set on fire.

In the midst of this serious situation, PSOL and the Urihi Associação Yanomami accuse the Security Secretary of Roraima of leaking an operation against miners in the Yanomami Indigenous Land. Secretary of State Edison Prola gave details of the operation that aims to remove prospectors from the largest indigenous reserve in Brazil. Organizations filed a criminal complaint asking him to be investigated for disclosing confidential information.

Yanomami women ask Lula to put an end to mining in the indigenous reserve: ‘We don’t want to cry because people are dying’. Letter signed by 49 women reveals concern if the federal government does not act to curb the action of miners in the largest indigenous land in the country. The document was delivered on Monday (12), the day Lula (PT) received a diploma from the Superior Electoral Court (TSE).

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Illegal fishermen attack indigenous boat and threaten to kill Kanamari woman in Javari Valley

Bruno Pereira and Dom Phillips were murdered in the same region

Credit: Cícero Pedrosa Neto/ Amazônia Real

16 Nov 22

Illegal fishermen attack indigenous boat and threaten to kill Kanamari woman in Javari Valley

A group of 12 indigenous people (five women, four men and three children) of the Kanamari indigenous people were threatened by three illegal fishermen with guns near the base of the Itacoaí-Ituí Protection Front in the Vale do Javari [Javari Valley] Indigenous Land (Amazonas) on the 9th of this month around 9:30am. A Kanamari woman had a rifle pointed in the direction of her chest by one of the fishermen, who threatened to kill her. Without a weapon, the other indigenous people feared the worst and tried to dissuade him from the crime.

The three fishermen then left, carrying in their boats dozens of tracajás (Amazon turtle) that had been taken from the indigenous land. From a distance they fired five shots at the fuel drums (already empty) of the “canoe” in which the indigenous people were traveling. A second, smaller “canoe” accompanied the attacked boat, bringing the total number of Kanamari people to 30 at the time of the illegal fishermen’s action. The indigenous woman threatened by the illegal fisherman said that the only reason she did not die was because there were several witnesses aboard.

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