The State
The Brazilian National State plays a central part in the native
policy. It is responsible for the 
protection
of both physical and cultural integrity of several indigenous
peoples living in Brazilian territory. Oriented by the notion
of tutelage (see the Rights
section), which defines Native Brazilians as relatively incapable
of exercising the civil rights, the State has monopolized almost
all services to Native Brazilians for decades.
Some of the innumerous tasks for which the State is responsible
are: the process of recognition and legal regulation of indigenous
lands; the organization of health care; the creation of specific,
special education policies; the protection of groups threatened
by economic expansion fronts like gold diggers, squatters, and
independent loggers etc.
Currently, Funai is the official organ responsible for the native
policy in Brazil. Founded in 1967, it replaced the Native Brazilian
Protection Service (SPI) created in 1910 and extinct because of
a series of corruption allegations.
Funai's institutional structure is made up of 46 Regional Administrations,
5 Native Brazilian Support Centers, 10 Surveillance Centers, and
344 Indigenous Centers spread across the country.
Nevertheless, Funai is severely criticized for not being in
compliance with the Constitution terms. In a nutshell, the criticism
focuses on the government's incompetence and inability to act
in benefit of Native Brazilians, failing to comply with the agenda
under its responsibility, and to fulfill the Native Brazilians'
needs.
These are times of important changes in the official native
policy. There is a major discussion concerning the new Indigenous
Peoples Statute Law , which would among other things implement
and regulate changes previously determined by the 1988 Constitution
(see the Rights section). One
of the topics which fuels the heated discussion concerning the
new statute law is the end of Native Brazilians tutelage by the
government. This decision will most certainly have important implications
regarding the fate of Native Brazilians and their partners.
On the other hand, there has been a progressive process of decentralization
of Funai's duties. More and more the official native organ is
forced to share its responsibility with other governmental agencies,
as well as civil society institutions. Indigenous education and
health are examples of the decentralization process, with the
creation of the Special Indigenous Sanitary Districts (DSEI).
Indigenous health policy
In 1999, an important change took place in the indigenous public
health system when the National Foundation of Health (Funasa)
- an organ of the Health Department - took charge of the Funai
sector. Marcos Pellegrini, a Funasa doctor who has worked
with indigenous health for 15 years talks about the transition:
The lack of definition of a health policy based on the multiplicity
of factors involved in the process of becoming ill and seeking
treatment compromised the Native Americans' access to health services
and hindered the implementation of health measures with effective
results. In addition to ignoring historical and geographical contrasts
in Brazilian society, as well as languages and particular ways
of perceiving and interacting with the world, the limitation of
health services available was worsened by the lack of resources
for the execution of acts, especially at Funai - organ of the
Justice Department which had no resources to provide health care.
In the meantime, the population was struck by intestinal and
espiratory diseases, malaria, tuberculosis, venereal diseases,
undernourishment, and diseases which can be prevented by vaccination,
revealing a sanitary scenario marked by serious cases which could
have been significantly reduced by introducing systematic measures
to provide basic health care to indigenous communities.
The creation process of a national indigenous health policy which
came to alter the careless scenario described above was resumed
by the Health Department in the second semester of 1998 and intensified
in 1999. Several regional and national discussions were part of
the process which resulted in an organization plan of 34
Special Indigenous Sanitary Districts to attend the entire indigenous
population in Brazil.
In compliance with most of the specifications discussed in indigenous
health conferences, the Native Brazilian Special Sanitary District
was defined as an organizational unit under responsibility of
Funasa, based on population and territory determined by socio-cultural,
geographical, epidemiological, and service access criteria; with
its own service network in indigenous lands, equipped to provide
basic health care, and working with the regional network for procedures
of both average and high complexity. Indigenous participation
is guaranteed at the Health District Boards made up of indigenous
users (50%), service providers, and health professionals discussing
the elaboration of the district's health plan, the evaluation
of actions, and the auditing of outsourced services.
The proposal was regulated by the 3156 decree of 27th of August,
1999 on the conditions of indigenous peoples' health care, and
by the 1911-8 Provisory Act on the organization of the Presidency
of Brazil and its Departments, including the transfer of human
and health care resources from Funai to Funasa. Finally, on 31st
of August, 1999 the Federal Congress approved the 9836/99 Act
from the project presented by congressman Sérgio Arouca
in 1994, based on the general principles of the final report of
the 2nd Indigenous Peoples Health National Conference, which
complements the Organic Law on Health (Acts 8080/90 and 8142/90).
Congressman Arouca's act determines that the approach to indigenous
health care "must be distinctive and global, considering
health care, sanitation, nutrition, habitation, environment, territory
marking, sanitary education, and institutional integration",
making the State responsible for providing not only medical services,
but also necessary tools for the indigenous communities to improve
and control their health. From this point of view, ensuring sanitary
equality means reducing the differences between the indigenous
peoples' health condition and that of other Brazilians, guaranteeing
equal opportunities. It also raises questions concerning peace,
legalization of land deeds, stable ecosystem, education, income,
and social justice; fundamental and comprehensive aspects when
it comes to the promotion of health.
Despite important efforts regarding services organization, the
challenge of considering the specificity of each context when
implementing the Special Indigenous Sanitary Districts is still
far from being overcome. Funasa has set up partnerships with indigenous
organizations, indigenous affairs scholars, universities, and
local governments in an attempt to meet various needs and has
had to face different potentialities and obstacles to an effective
system. Even with a significant increase in service offer, it
should be taken into consideration that health needs go beyond
the limits of the health sector and cannot be met solely by the
organizations which signed agreements with Funasa to execute acts.
In addition to the difficulties in hiring qualified personnel
to work in an intercultural context, as well as poor management
skills in some organizations - especially the indigenous ones
which were built aiming at political representation of communities'
interests and not execution of major projects - such organizations
have to tackle the difficult task of executing proposed acts and
at the same time question the creation and implementation of public
policies which deal with their situation.
Despite these difficulties, the organization process of the
Special Indigenous Sanitary Districts presents Native Brazilians
with the opportunity of participating and playing a major role
in Brazilian history as never before, with the creation of local
councils and health districts. These will ensure that the services
suit different realities, as long as the indigenous representatives
be heard and real needs - as well as the population's health
problems - be discussed openly. To make it so, both the District
Councils' role and the representative's profile (who will represent
the interests of the entire district's population) have to be
very clear. There is always the risk of actions restricted by
pacts, alliances, and corporate interests instead of being motivated
by a common goal.
The decisive step towards a national health process is the search
for ways of having effective society participation in the reflection
and decision-making process related to welfare issues (April,
2000).
Indigenous education
In the last years, a series of measures were adopted aiming
at implementing a national public policy on indigenous education.
Anthropologist Luís Donisete Benzi Grupioni comments
on the topic:
Improvements to indigenous education were made in both legal and
administrative fields. However, a system which meets the educational
needs of indigenous peoples has not been created yet. A system
established according to their interests, respecting their lifestyle
and pace, ensuring that they are heard when it comes to define
what kind of school they want and how it should be run. The impression
one might have is that indigenous education is moving slowly:
some goals are about to be achieved, but innumerous obstacles
are still in the way. In that respect, a fact must be mentioned:
indigenous education has become a relevant political issue to
Native Brazilians, the indigenous movement, and Native Brazilians
supporters. It is no longer a secondary issue; it has become more
important, involving different actors, institutions, and resources.
Conferences, meetings, and seminars have become more frequent
to discuss educational legislation, curriculum proposals
for the indigenous school, qualification of indigenous teachers,
the right of having education which should meet their needs and
fulfill their future plans. Today it is no longer discussed whether
Native Brazilians should have schools or not, but what kind of
schools they should have.
If we look into the legislation, we will find a slow but steady
process where the right to special education - guaranteed by the
Constitution of 1988 - has been regulated by subsequent legislation.
In addition to the Scholastic Educational Directives, and the
Resolution 3/99 of the National Board of Education, indigenous
education is part of the National Plan of Education and the revision
law project of the Statute Law for Indigenous Peoples, both under
discussion in Federal Congress.
The legislation which rules over indigenous education has presented
aspects which point to the implementation of an indigenous school
which - being part of the national educational system - should
keep particular features such as the use of indigenous language,
the systematization of traditional knowledge, the use of adequate
materials prepared by indigenous teachers themselves, a calendar
adapted to pace, everyday activities and rituals, the creation
of special curriculum, an effective participation of the community
in the definition of school goals. The legislation has also attributed
to Native Brazilians and their communities the main roles in the
indigenous school, reserving them the right to have their own
appointed members to become teachers after going through specific
preparation and graduation programs.
However, these definitions in the legal field are but principles,
not actual practices which guide the indigenous school implementation
process. There are several administrative issues slowing down
the process, although it is already possible to catch a glimpse
of a scenario which is different from that of some years ago.
From Funai to Education and Culture Department (MEC)
The transfer of responsibility and coordination of educational
initiatives in Indigenous Territory from the indigenous organ
(Funai) to the Education Department [working with the state departments
of education upon decree of the President of Brazil (no. 26/91)],
is the cause of many of the changes in the sector. This transfer
made it possible - even though it has not actually happened yet
- for the indigenous schools to be incorporated into the country's
educational system and for the "bilingual monitors"
to be formally educated and respected as education professionals;
it also made it possible for the fulfillment of the educational
needs of Native Brazilians to be treated as a public policy, responsibility
of the State. The transfer of responsibilities from the indigenous
organ to religious missions in order to meet the educational needs
of Native Brazilians marked the end of a period.
This is an ongoing process. It is possible to list several positive
aspects of this responsibility transfer which triggered the involvement
of other public sectors, opening new communication channels for
the Native Brazilians. It is also possible to point out the reluctance
of these very sectors to accept the indigenous schools and respect
the right of Native Brazilians to special education, a task which
requires new theoretical, methodological, and administrative approaches.
Parameters of a national policy
When assuming responsibility for the coordination of educational
actions in indigenous lands, MEC's first task was the creation
of a document which would define the parameters of a national
policy on this type of education, in order to guide the work of
several agencies. Thus, in 1993, the "Directives for a National
Policy on Education for Indigenous People" document was issued,
establishing as guiding pedagogical principles - in a context
of cultural diversity - specificity, distinctiveness, intercultural
aspects, use of mother tongues, and global aspects of the learning
process. This document, elaborated by the National Committee of
Indigenous Education - made up of representatives of both governmental
and non-governmental organs which work with indigenous education,
and representatives of indigenous teachers - was based on innovative
experiences carried out by non-governmental organizations which
work with different indigenous peoples. Those experiences - motivated
by the need of presenting autonomy alternatives to indigenous
peoples facing the State's integration policy - generated a distinctive
qualification model for indigenous teachers, in order to qualify
them to teach at and run their schools. In its turn, this model
was embraced by MEC as a system to be disseminated nationwide.
General coordination of indigenous education
Other important initiatives were added to this new context.
A general coordination of indigenous education was consolidated
in the Education Department and the creation of management levels
in state departments of education - to take charge of schools
and qualification of indigenous teachers - was stimulated. At
MEC, it was elaborated a project financing program for indigenous
education to support plans developed by indigenous support organizations
and universities. Also, FNDE financial resources were invested
so that the state departments of education could develop specific
action plans in this field. With that, the importance of the role
of non-governmental experiences in the qualification process of
indigenous teachers was acknowledged, and at the same time it
raised the possibility of creating new qualification courses,
this time by governmental initiatives. Another significant action
took place with the support to the publishing of pedagogical material
elaborated by indigenous teachers themselves, an important step
to their qualification process and also an opportunity to increase
the number of literary texts written by indigenous teachers.
National Curriculum Standards for Indigenous Schools
Consolidating this scenario, a new document was presented to
indigenous schools nationwide: the National Curriculum Standards
for Indigenous Schools (RCNEI), a guideline of new practices elaborated
by specialists, technicians, and indigenous teachers. It is long
and detailed, containing general observations about indigenous
education based on historical, legal, anthropological, and pedagogical
aspects which support the proposal for an indigenous school which
should be special, intercultural, and bilingual. The document
also contains work suggestions which may help elaborate a specific
curriculum, closer to the reality of different communities, in
order to integrate ethnic knowledge with selected universal knowledge.
In a field characterized by innumerous concepts and different
practices, the RCNEI compiles and systematizes consensual ideas
which may lead to several interpretations and proposals for autonomous
curriculum and pedagogy. To make it so, educational agents must
be professionally qualified, and administrative flexibility in
the state departments must be achieved, opening new communication
channels where indigenous communities may have an active part
in the definition of their schools' pedagogical and political
project.
Indigenous School Census
An indigenous school census - both quantitative and qualitative
- is being taken in the administrative field, with long-awaited
results: the inclusion of indigenous schools in the educational
system, and the creation of records of schools and indigenous
teachers, which will make the evaluation of difficulties and advances
possible as far as governmental actions are concerned. Data are
not available yet, but some figures were issued by MEC based on
information from state departments of education. There is still
a lot to be done for the inclusion of indigenous education in
the national education system. According to those figures, there
are 1,666 schools in indigenous areas, of which 631 are state
schools and 1,035 are municipal ones at different legal stages.
Very few are acknowledged as indigenous schools, despite the creation
of this category by CNE's 3/99 resolution. The great majority
is deemed as rural schools or urban school extension rooms, following
their calendar and curriculum.
According to MEC, there are 4,000 teachers working in those
schools: 959 non-indigenous teachers and 3,041 indigenous teachers.
Little is known about these teachers' profile and qualification.
Out of 24 state departments of education, which have either state
or municipal indigenous schools, fewer than 10 have elaborated
indigenous teacher qualification programs aimed at their graduation.
The majority carries out preparatory courses with different methodology,
theme, and duration. This is directly reflected on the school's
performance: with the exception of one state, in which all indigenous
schools have their own curriculum proposal, most of the country's
indigenous schools have no specific curriculum proposal. They
follow the curriculum of regular state schools. In fact,
most of the schools in indigenous territory are not even acknowledged
as indigenous schools.
Legislation and reality
There is a major gap between legislation and reality, between
words and action. Despite advancements in the national elaboration
of a policy on indigenous education, there are still many difficulties
in implementing it in all states, which would actually establish
the indigenous school.
The fundamental issue here is the lack of political and administrative
willingness of states' government to accept indigenous education
as a priority. Thus, the consolidation of a scenario where the
school serves indigenous peoples' interests and helps them fulfill
future plans is far from being achieved. This scenario would allow
them to have access to essential information for a more harmonious
and less destructive way of living in peace with the remainder
of Brazilian society.
By and large, it is possible to notice little involvement of
several state departments of education which have not yet included
the indigenous education in their line of work. That is one of
the main points to be faced, since the execution of the indigenous
education policy is now under those departments' responsibility.
Few are those which have structured an administrative technical
body to create and implement an indigenous education policy, keeping
regular courses to qualify and graduate indigenous teachers. Most
of the state departments do not have their own budget to act in
this field, being limited to offering short courses, meetings,
and workshops with few resources distributed by FNDE. In several
states, the continuous work of indigenous support organizations
is not acknowledged, and desirable partnerships are not formed.
A great number of indigenous schools have not yet felt the changes
proposed in the legislation.
Advances in the Indigenous Education Legislation
The publication of the 1988 Constitution presented a regulation
process of Native Brazilians' right to a special education. Effective
legal provisions, or those under discussion in the Congress point
to a true revolution concerning the recognition of Native
Brazilians' right to specific education aimed at exalting
indigenous knowledge and committed to ensuring means and tools
for a more balanced life with the Brazilian society.
The 1996 Scholastic Educational Directives (LDBEN) establish
that right for the first time. In 2 articles it establishes as
a duty of the State to offer bilingual intercultural education
which should make socio-cultural practices and the mother tongue
stronger in every indigenous community, enabling the restoration
of their historical legacy and reaffirming their identity, as
well as providing access to Brazilian society's technical-scientific
knowledge. To make it so, LDBEN determine the articulation of
educational systems for the elaboration of integrated programs
of education and research - with the participation of indigenous
communities in their elaboration - aiming at developing specific
curriculum including the communities' respective cultural contents.
LDBEN also determine the qualification process of specialized
staff to work in that field, as well as the creation and publication
of specific, special teaching material.
When requested to construe LDBEN, the National Board of Education
issued a resolution (no. 3/99) which establishes directions
for the operation of indigenous schools. Important definitions
were issued and regulated, of which 3 should be highlighted: (a)
the creation of the category "indigenous school", recognizing
"their school status, with their own rules and legal bases";
(b) the guarantee of specific qualification for indigenous teachers,
which may occur in service or along with their own education when
applicable and (c) a precise definition of responsibilities in
a cooperative basis involving the Federal Government, states and
municipalities. The Federal Government is supposed to devise laws,
define directions and national policies, technically and financially
support educational systems as well as create specific programs
for education development aid.
The state government is in charge of "providing and implementing
indigenous school education, either directly or in partnership
with municipalities", integrating indigenous schools as "self-contained,
autonomous and specific units in the state's educational system".
In addition, the state government is supposed to supply those
schools with human, material and financial resources, as
well as implement and regulate indigenous teaching.
Two other laws which also deal with the indigenous peoples' right
to differentiated education are under discussion in the congress:
The National Education Plan and the revision of the Statute for
Indigenous Peoples.
There's a whole chapter in the National Education Plan regarding
indigenous school education, with short and long-term goals, which
establishes the universalization of educational programs' availability
to indigenous peoples in all stages of elementary education, ensuring
autonomy for those schools in terms of their pedagogical project
as well as in the use of their financial resources, and also ensuring
the participation of the indigenous communities in the decisions
related to the administration of those schools.
The National Education Plan (PNE) yet establishes the creation
of specific programs to attend those 'indigenous schools' as well
as the opening of credit lines for the implementation of educational
projects in indigenous areas. Attributing to state education systems
the legal responsibility for indigenous education, the PNE assumes
professional qualification and public recognition of indigenous
teaching as a goal to be achieved, with the creation of the category
'indigenous teacher' as a specific career and with the implementation
of continuous programs of systematic 'indigenous teacher' qualification.
A law proposal for a revision of the Statute for Indigenous Peoples
(act n.6001 of 1973) is also under discussion in the National
Congress, as these statutes have become outdated as a result of
the Constitution's innovations. In the last alternative devised
by Congressman Luciano Pizzato, the indigenous education chapter
has become a mishmash, joining contrasting and antagonistic proposals.
The Federal Government has presented a new text that is believed
to be incorporated by the congressman in charge. It establishes
that "indigenous people should have access to valued and
socialized knowledge in the national context, so as to ensure
them the defense of their own interests and the participation
in the national life in equal conditions as ethnically differentiated
groups" and guaranteeing "respect for the educational
and knowledge transmission projects of indigenous communities".
The process of school implementation shall, as mentioned in the
Executive's proposal, guarantee the autonomy for the pedagogical
project as well as for the administrative management, in a plural
context of ideas and pedagogical conceptions. It also ensures
the provision of "curriculums, programs, learning and pedagogical
material assessment processes, differentiated school calendars
which shall be adequate to the various indigenous communities",
as well as the right of those communities to participate in the
processes of recruiting and selection of teachers, giving priority
to indigenous people themselves. So that it happens, the proposal
for a reformulation of the Statute for Indigenous Peoples also
includes "specialized human resource qualification programs,
allowing the indigenous communities themselves to pedagogically
conduct their school education".
Although the new formulations and changes in the laws can be considered
positive, one must admit the realization of such achievements
has taken too long. A principle which was present in the new Constitution
was detailed by the following legislation only 20 years after
that Constitution was put into effect. How many years will it
take for such advances to produce practical effects? The challenge
seems to be how to realize those advances included in the legal
plan, so as to make schools in indigenous areas, historically
used as an instrument of domination, become an instrument of self-determination,
which respects indigenous traditions and ways of living and is
at service of the various future projects these peoples may have.
In short, an instrument that can open new perspectives, for them
and not against them!
The great challenge in this moment is to overcome obstacles so
that indigenous schools become an instrument of political and
cultural autonomy as opposed to historical submission. A challenge
for indigenous people themselves to discover and build a sense
for the school, a challenge for researchers, indigenous affairs
scholars and indigenous movement allies, and a challenge for legislators
and governmental agents.
In this scenery, a certain lack of 'political willingness' becomes
evident. Where there is such willingness, correct or incorrect
steps are being taken. Where it is not present, it is necessary
to create conditions so that things happen. The native Brazilians
play an important role in this process, qualifying their demands
and demanding law compliance. The Federal Public Department has
a large field to act here in defense of native Brazilians' interests,
as many state governments do not seem to leave their apathy. If
it is not possible to foresee any change in the management of
indigenous education, mechanisms so as to make the current ways
work properly must be created. In the present rhythm, many years
will still be needed so that native Brazilians can effectively
assume their school's destiny (October 2000).
