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Brazil considers Indian land case Brazilian Indians 'win land case'
(about 8 hours later)
Supreme Court judges in Brazil are debating how to proceed with a key indigenous land rights ruling after one justice asked for more time. Indigenous leaders in Brazil say they have won an important victory for the rights of their community, at a key hearing of the Supreme Court.
The court has been asked to rule on whether a reservation in the Amazonian state of Roraima can remain a single unbroken territory. Eight of the court's 11 judges voted to keep a reservation in the Amazonian state of Roraima as a single territory.
Indian leaders in Brazil say the case could set a crucial precedent for the protection of their ancestral lands. However the case is not expected to be formally concluded until next year as one judge asked for more time to consider his ruling.
But rice farmers say they could be forced to leave the area. The judgement will lead to the eviction of non-indigenous farmers.
The Supreme Court judges gathered in Brasilia to decide if they should uphold the status of Raposa Serra do Sol as an official reservation, which was granted in 2005.
However, they must first decide whether to continue as planned after one judge asked for more time and it is not clear whether the judgement, which was already delayed last August, will be interrupted again, Brazilian media say.
There are more than 100 similar cases before the Supreme Court but it is thought this ruling will establish an important legal precedent, which touches on a number of sensitive issues.There are more than 100 similar cases before the Supreme Court but it is thought this ruling will establish an important legal precedent, which touches on a number of sensitive issues.
'Half a celebration'
Outside the court, indigenous lawyer Joenia Battista de Carvalho said she was satisfied with the votes so far, but she was disappointed the formal outcome would be delayed.
"I was expecting the case to be concluded today - unfortunately our feeling is one of half a celebration, because what we wanted to see was the practical result of this - to see our land free of any invaders," she said.
But local Mayor Paulo Cesar Quartieiro said the government was using it support for indigenous rights to hand over control of parts of Brazil to foreign groups.
Unbroken territoryUnbroken territory
At the centre of this case is a large area of land in the far north of Brazil, known as Raposa Serra do Sol, which is home to 19,000 Amazonian Indians and which was approved as an official reservation in 2005.At the centre of this case is a large area of land in the far north of Brazil, known as Raposa Serra do Sol, which is home to 19,000 Amazonian Indians and which was approved as an official reservation in 2005.
Indian leaders want the court to confirm that the reservation, which stretches over 1.7m hectares, should be preserved as a single unbroken territory. Indian leaders said that if the court ruled against them it would send a signal to land grabbers, prospectors and loggers that it would be acceptable to invade indigenous territory.
They say if the court rules against them it will send a signal to land grabbers, prospectors and loggers that it would be acceptable to invade indigenous territory. However, around 200 rice producers who also live and work in the area said that would force them to leave and would undermine economic development in the state of Roraima.
However, around 200 rice producers who also live and work in the area say that would force them to leave and would undermine economic development in the state of Roraima.
To add to a complicated dispute, one indigenous group in the reservation supports the farmers, and the issue has been the subject of growing tension and conflict.To add to a complicated dispute, one indigenous group in the reservation supports the farmers, and the issue has been the subject of growing tension and conflict.
Some military leaders say they fear a large, almost autonomous Indian reservation running along a lengthy section of Brazil's frontier would have implications for national security - a claim strongly contested by indigenous communities who say it would remain Brazilian territory.Some military leaders say they fear a large, almost autonomous Indian reservation running along a lengthy section of Brazil's frontier would have implications for national security - a claim strongly contested by indigenous communities who say it would remain Brazilian territory.
Police have stepped up security in the area, although officers say they are not expecting major trouble, reports BBC Brasil's Edson Porto from Roraima. To ally this fear some of the judges made clear in their rulings that the army and police should have full access to the region without having to consult indigenous leaders.
Dionito Jose de Souza, co-ordinator of Roraima's Indigenous Centre, said he doubted the Supreme Court would rule against the continued demarcation of the reserve as it is. But the BBC's Gary Duffy in Brasilia says it will only be clear in the months ahead if the court has done enough to ease the still simmering tensions surrounding this debate.
"We are not even going to consider that. It would be disrespectful to indigenous people and to the constitution," he said.
However, reports in the Brazilian media suggest that some of the judges are now inclined towards what they see as a compromise verdict, which would recognise indigenous rights, but also take account of worries about the country's sovereignty as well.