Law May Expel Foreign Research Missions

7/11/97
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Written 6:26 PM Jul 11, 1997 by cimi@embratel.net.br in
igc:rainfor.genera
Subject: LAW MAY EXPEL FOREIGN RESEARCH MISSIONS

Newsletter n. 268

LAW MAY EXPEL FOREIGN RESEARCH MISSIONS

The first Brazilian biodiversity law was passed in the state of
Acre early this month and, according to its provisions, foreign
missions engaged in research activities in that state may be expelled
from it. The law, which was proposed by state deputy Edvaldo Magalhaes
(Communist Party of Brazil), aims to fight biopiracy and makes it
compulsory for foreign scientists and entities to associate with a
Brazilian group before they can carry out any research activities in
the state and to leave part of the collected material in it. Mission
already engaged in such activities are being requested to comply with
the new law.

The law resulted from the work carried out by an Investigating
Committee set up by the State Legislature after a Public Civil Action
was filed by Cimi, the Union of Indigenous Nations of Acre (UNI-Acre)
and deputy Edvaldo Magalhaes himself at the Federal and State Public
Prosecution Office. Between April 3 and May 2, the Committee
investigated and confirmed through depositions the involvement of the
nongovernmental organization "Selva Viva", founded by Ruediger Von
Reninghaus, a Swiss citizen, in possible acts of biopiracy. Selva Viva
was being supported by the multinational drug companies Ciba-Geisy,
Hoechst, Sandoz, Lilly and Johnson & Johnson to encourage Indians to
prepare a list of medicinal plants available in indigenous communities
in the state of Acre and to produce those plants in arboretums. In
exchange, the entity donated medicines and promised funds to be
applied in subsistence projects.

In its report, the Investigating Committee concluded that the
denunciations were grounded and determined, among other meassures,
that the activities of the Selva Viva organization were to be
interrupted and that no further research was be allowed inside the
areas in question. It requested an investigation by the Public
Prosecution Office and the approval of a bill providing for access to
biogenetic resources. The investigation is being jointly carried out
by federal and state attorneys, who announced the opening of a police
inquest against Selva Viva. They argue that the facts seem to confirm
that a crime was committed against indigenous populations, as their
culture was used for profit purposes and indigenous areas were
exploited without the authorization of the Union.

MILITARY POLICE TORTURE INDIAN IN AMAZONAS

After being tortured and beaten for almost three hours, Tukano
Indian Ediberto Aires Gama, 29, was left disorientated, disfigured and
with exposed fractures. The incident took place in the municipality of
Santa Izabel do Rio Negro (700 km from Manaus, capital of the state of
Amazonas), on June 7. The communications infrastructure is very poor
in the region, and that is why the crime only became known now. It was
denounced by the Human Rights Center of Sao Gabriel da Cachoeira,
which accused officer Joel Elizan de Souza, a Military Police
lieutenant, of having ordered the torture.

The incident happened after Ediberto Tukano accidentally threw an
empty beer can near a passing police car from a local club. A military
policeman, two municipal guards, and officer Joel Elizan grabbed the
Tukano Indian immediately, beating and handcuffing him even after he
had been fully immobilized. They continued to beat him at the local
police station until his kneecap was damaged and one of his leg bones
had an exposed fracture. Because of the torture, Ediberto Aires
suffered from mental disturbances for several days. After being
treated at the local hospital, his aggressors threatened to kill him
if he denounced the crime.

Brasilia, 11 July 1997

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