Complexity of indigenous reality demands from Funai a greater coordination power

The Chamber is assessing the Bill 4295/08, proposed by the Deputy Waldir Neves (PSDB-MS), which re-defines the competency of the National Foundation of the Indian (Funai). Among other measures, that bill forbids the signature of agreements between Funai and foreign Non-Governmental Organizations. Current legislation does not forbid that kind of agreement.

The Bill determines that Funai closes agreements with municipalities to refund expenses with health, education and transportation of indigenous populations. In addition to that, the foundation should submit to the Chamber a yearly work plan and a report regarding the actions developed in the former year.

The text of Waldir Neves also establishes, among the functions of Funai, the implementation of public policies targeting the indigenous peoples; the supervision of activities developed by government bodies to guarantee the right of those peoples; and the harmonization of the interests of bodies and public and private agents, with the mediation of conflicts involving the indigenous cause.

The prevailing law (5.371/67) determines, in general, that Funai should establish guidelines and guarantee the enforcing of indigenist policies, based on principles such as the respect to the Indian. The basic principles of current legislation are maintained in the bill proposed by Waldir Neves.

The bill does not include the provision that Funai will exert the police power in reserved areas and in matters regarding the protection of the Indians, which currently exists in the prevailing law. The foundation, according to the bill, also stops exerting powers of attorney or legal assistance regarding the Indian’s protection regime.

Coordination
According to Waldir Neves’ evaluation, the definition of the role of Funai was overcome by the complexity of the reality of Indigenous people. He affirms that, because of that complexity, different public bodies and NGOs have involved themselves in the subject.

"There are currently many people taking care of the Indian peoples’ problems. They lack, though, coordination. That function should be in charge of Funai, but that foundation currently represents only one agent in the tangled complex of that sector. That fact, instead of making the Indians’ life easier, leaves them at the mercy of conflicts”, says the deputy.

Procedure
The bill is being processed in conclusive character and will be analyzed by the Committees on Labor, Administration and Public Service; and on Human Rights and Minorities; and on the Constitution and Justice and Citizenship.

Report - Noéli Nobre
Editing - Pierre Triboli
Translation - Positive Idiomas Ltda