EcoCare joins forces with human rights organizations and signs the manifesto “Justice for Nega Pataxó Hãhãhãe”

By: Mariana Reinach with the support of all the ECOCARE Team

In line with its commitment to the principles of empathy, compassion and care, the EcoCare Project has joined forces with various human rights organizations and signed the manifesto “Justice for Nega Pataxó HãHãHãe”, drawn up by the Paraguaçu Indigenous Women's Association and the Ybityra Porang Tupinambá Association, both located in the Caramuru Catarina Paraguaçu Indigenous Territory, in the state of Bahia, Brazil.

We are following with concern the serious situation of the Pataxó Hãhãhãe indigenous people through one of our associate researchers, Mariana Homem de Mello Reinach, who is carrying out her doctoral research in partnership with that community.

At the beginning of 2024, the spiritual leader of the Pataxó Hãhãhãe people, Nega Pataxó, was cowardly murdered by a member of the “Zero Invasion Movement” with the complicity of the military police, while participating in a protest to reclaim her traditional territory[1]. The murderer, who is son of local farmers, was arrested in the act. However, late last month, just seven days after confessing to the crime and forensic evidence confirmed that he had fired the shot, he was released on bail, despite a contrary decision by the Federal Public Prosecutor's Office[2].

The killer, only 19 years old, belongs to a powerful family involved in illegal activities, including environmental violations, illegal clay extraction, land grabbing, and connections with militias. His family also has close ties to Bolsonaro supporters who carried out the anti-democratic attack and attempted coup d'état in Brazil on January 8, 2023[3].

The Zero Invasion Movement, with which he is associated, has gained strength in Brazil since the Temporal Framework Law (Law 14.701) was approved late last year by the Chamber of Deputies, contrary to a decision by the Supreme Court that ruled it unconstitutional. This law seeks to reverse the demarcation of indigenous lands throughout the country. It represents a serious setback to territorial rights, and has fueled numerous violent conflicts between large landowners and indigenous peoples across Brazil that are escalating throughout the year.

The impunity surrounding the murder of Nega Pataxó Hãhãhãe reflects the impunity enjoyed by reactionary sectors of agribusiness, who use violent and illegal methods to dispossess lands and territories from Indigenous peoples, traditional communities, and small farmers in Brazil.

We share the manifesto in full and call on our partners to support this cause as well:

https://docs.google.com/forms/d/e/1FAIpQLSfc9h10wh1vRyKJuz7_WttEPxvZ9O7DREMvkZdJOotMrLdkUw/viewform

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Manifesto Justice for Nega Pataxó Hã Hã Hãe - Indigenous emergency!

On January 21, during an action to retake an area originally designated as part of the Caramuru Catarina Paraguaçu Indigenous Land, Maria de Fátima Muniz, Pajé Nega Pataxó Hãhãhãe, the spiritual and community leader of our people, was cowardly murdered by members of a movement called “Invasão Zero” (Zero Invasion). The movement, which is nationwide and operates in at least 12 Brazilian states, is led by rural landowners and politicians linked to agribusiness. They organize illegal "repossession" actions, without court orders, in areas occupied by indigenous peoples, quilombolas and landless workers, forming a paramilitary group that acts like an armed militia. To make matters worse, the group of more than 200 participants in the attack that culminated in Nega's murder had the support of agents from the public security forces of the state of Bahia. These agents were accompanying the action and allowed the group to approach, which resulted in the assassination of the pajé and the shooting of her brother, Chief Nailton, as well as Chief Aritanan. Several other relatives were injured, including pregnant women, children, and elders. In addition to their complicity, the Bahia Military Police denied immediate aid, leaving the wounded leaders at the spot.

In April, the Federal Prosecutor's Office for Citizen's Rights, part of the Federal Public Ministry, issued a technical note warning that "the method employed by Invasão Zero resembles illegal 'repossession' attempts occurring in various states across the country, involving threats, firearm shootings, the criminal misuse of administrative law, public institutions, and public security forces outside legal frameworks, which may result in serious bodily harm and homicide, as in the case of Nega Pataxó."[4]

Recognizing the seriousness of the situation, the Inter-American Commission on Human Rights determined that the Brazilian State must expand protection measures by adopting the necessary and culturally appropriate actions to safeguard the life and personal integrity of members of the Pataxó Hãhãhãe Indigenous People[5]. The initiatives taken by the State so far have been insufficient to mitigate the risks we face daily in our territory due to the escalation of conflicts, threats, defamation, disinformation campaigns, and all kinds of attacks on our people.

In April of this year, the UN human rights rapporteur, Mary Lawlor, came to Brazil on an official visit and warned that land issues and the conflicts arising from the struggle in defense of land and territory, led by Indigenous peoples, quilombolas, rural workers, and other traditional peoples, are central to understanding the alarming context of violence and human rights violations taking place in the country today: "The historical discrimination and dispossession they have suffered in Brazil continue to this day, and for their fight against it, they are being murdered"[6].

About seven months after the violence that took place in our territory, we have received few effective responses regarding measures to ensure that the murder of Pajé Nega and the attempted murder of our chiefs and leaders do not fall into oblivion and impunity. To make matters worse, on August 22 we received news that the young man who murdered our spiritual leader had been released on bail. The mere identification of the person responsible for the murder does not end our demand for justice: we know that the hand that pulled the trigger was not acting alone and remains supported by institutions that guarantee privileges for those who continue to reproduce a way of being in the world that is colonialist, racist, and seeks to exterminate the ways of life of Indigenous populations.

We are here to echo our call for Justice for Nega Pataxó Hãhãhãe and for all the leaders of the peoples of the land and territory whose lives have been taken in the struggle for land and life. The damage they have done to us is irreparable, our people and our families deserve justice and accountability for these crimes. Enough of impunity in our country! We want those truly responsible for this criminal movement to be punished. We demand the annulment of Law 14.701 for its unconstitutionality, and we want our territories to be properly demarcated and recognized by the Brazilian State. We demand the guarantee of safety and protection for the leaders whose lives remain under threat in the territory. This blood is not shed in vain. When one spiritual leader is taken down, many others rise up! Nega is resistance, Nega is a seed, and her strength lives within us!

We will not be silent.

We want justice for Nega!

Demarcation now!

Nega Pataxó Hãhãhãe, present!!!

[1]     Detailed reports on this case can be found here: https://www.culturalsurvival.org/news/killing-pataxo-spiritual-leader-and-activist-exposes-violence-law-against-indigenous-peoples ; and here: https://news.mongabay.com/2024/02/attack-on-pataxo-hahahai-indigenous-leaders-must-be-investigated-commentary/amp/

[2]     https://reporterbrasil.org.br/2024/08/homem-matou-nega-pataxo-invasao-zero-e-solto-na-bahia/

[3]     https://www.brasildefatoba.com.br/2024/02/28/advogada-e-latifundiaria-mae-de-acusado-de-assassinar-pataxo-defendeu-pastora-no-8-de-janeiro

[4]     https://www.mpf.mp.br/pfdc/manifestacoes-pfdc/notas-tecnicas/nota-tecnica-3-2024-pfdc-mpf

[5]     https://www.oas.org/pt/cidh/decisiones/mc/2024/res_38-24_mc_61-23_br_pt.pdf

[6]     https://terradedireitos.org.br/noticias/noticias/direito-a-terra-e-a-chave-para-protecao-de-defensores-de-direitos-humanos-aponta-relatora-da-onu/23997