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SPECIAL REPRESENTATIVE ON HUMAN RIGHTS DEFENDERS: VISIT TO BRAZIL
20 December 2005
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20 December 2005
The Special Representative of the Secretary General on the situation of Human Rights Defenders, Hina Jilani, visited Brazil from 5 to 20 December 2005. At the end of her mission she held a press conference in Brasilia during which the following statement was issued:.
The SRSG thanked the Government of Brazil for extending the invitation to her and the excellent cooperation that she received in preparation of and during her mission. She also thanked the defenders’ organizations and groups for their efforts in preparing for the mission and for assisting her in collecting comprehensive information relevant to her mandate. She also expresses gratitude for the cooperation and assistance provided to her by the office of the UN Resident Coordinator in organizing the mission. In addition to Brasilia, The SRSG visited several locations in the states of Para, Bahia, Pernambuco, Sao Paulo and Santa Catarina and had the opportunity of meeting with Government authorities, members of Federal and State legislatures and the judiciary. She regrets that she could not meet with His Excellency President Lula De Silva, and hopes that her concerns will be brought to his attention by the members of his Cabinet whom she had met. She exchanged views with the diplomatic community and thanks them for this opportunity. She also met with human rights defenders engaged with a range of human rights issues in the fields of civil and political rights as well as social economic and cultural rights.
In view of the information she gathered she expressed her appreciation of the government’s understanding of the problems and its efforts to overcome the hurdles in improving the environment for the effective functioning of human rights defenders and for their protection. She noted the comprehensive policies and initiatives on human rights adopted by the government, in its efforts for better implementation of the strong legal framework provided by the Constitution for the protection of human rights.
She found that the work of human rights defenders is generally respected within the governmental structures and that authorities do engage the civil society and seek its participation and involvement in the design and implementation of human rights initiatives. The SRSG particularly commends Government’s positive response to civil society demands for the establishment of the Special Secretariat on Racial Equality and for the restoration of ministerial status of the Special Secretariat for Human Rights. She acknowledges the potential for advancement of human rights through these initiatives. She particularly notes the sensitivity of the Special Secretariat for Human Rights on the issue of security for defenders and the significant role that this institution can play in the formulation and implementation of a strong human rights agenda, including measures that provide an enabling and safe environment for defenders to conduct their work freely in all fields of human rights that they are engaged in.
However, despite government initiatives and the efforts of an active and experienced civil society, serious concerns regarding the situation of human rights defenders persist because of a wide gap between the declaration of the policy and its implementation and between the creation of mechanism and their effectiveness. The damage that incidents of violence and threats have caused to the security of human rights defenders, many of whom have had to flee their homes and have been living away from their families for a long time, should not be under estimated. Such a situation has perpetuated a climate of distrust and lack of faith in existing mechanisms and initiatives for human rights.
In their efforts to attain social, economic and cultural rights, in seeking to expose human rights violations and to end impunity for these violation and in resisting discrimination or marginalization human rights defenders are experiencing serious harm. Their right to life, liberty and physical security continues to be threatened. They are subjected to unfair and malicious prosecution, harassment and vilification as retaliatory action by state as well as by powerful and influential non-state entities. Leaders and supporters of social movements, in particular, have suffered and are placed at serious risk for activities in defense of human rights. Even government functionaries performing their tasks have not been safe and the Special Representative received reports of labour inspectors, as well as civil servants who were targeted.
The SRSG was greatly disturbed by reports indicating that when human rights activists organize they are accused of forming criminal gangs and when they mobilize for collective action to protest violation of rights they are accused of creating public disorder. While she does not discount allegations made by some state governments of violence accompanying collective action in some instances, she has noted, with grave concern, that peaceful public action for defense of human rights has frequently been met with disproportionate use of force. She is particularly concerned at the use of “non-lethal weapons” like rubber bullets by security forces in their operations during such events. In response to her questions, authorities in certain states could not satisfy her about the procedures that streamline authorization and monitoring of such use. She has also noted the serious allegations of violence against defenders and abuse of powers by the State Military Police. In her estimate Federal Police and other mechanisms for administration of justice enjoy a relatively higher level of trust from the population.
Much of the violence against defenders is rooted in conflicts over land and environmental protection. The SRSG had the opportunity of examining the situation of defenders involved in social movements, such as those for the rights of landless rural workers, peasants, indigenous communities and people of African descent, sexual minorities, the homeless, and people affected by dams. She believes that these social movements are an asset and add value to Brazilian democracy. They have developed modes of social action and are evolving rules of engagement that limit the possibility of the use of violence in social action. She believes that this aspect of the role of defenders in social movements must be projected by the State as well as the media.
She believes that more uniformity of commitment and complementary efforts to implement human rights policies by the Federal and State governments could mitigate many of these concerns. She senses an urgent need for critical adjustments in the role of the judiciary in order that the social policy of the state, enunciated in the Constitution, has a stronger assurance of practical implementation. In this context she recommends constitutional interpretations and judicial action that ensure not only equal respect for economic, social and cultural rights but also for removal of any superficial conflict with regard to the enforcement of different rights guaranteed by the Constitution.
The human rights committees of the Parliament and state legislative assemblies are generally active on human rights issues and are accessible to human rights defenders. However, the legislature as an institution needs to be more sensitive to human rights issues and assign more priority to the protection of activities for the defense of human rights in their legislative agenda. The SRSG is also aware of apprehensions that political polarizations within the legislative bodies have undermined many human rights related initiatives.
While security arrangements for protection of defenders at risk, is a necessary measure of immediate and interim nature, it is not a solution to the problem. The Special Representative urged the government to adopt more comprehensive strategies for the protection of human rights defenders together with the ending of impunity for violations affecting them and by unambiguously articulating support for activities in defense of human rights. She welcomed the investigation and prosecution for the killing of Sister Dorothy, but hoped that this step at removing impunity will not end with this case and other similar incidents will be effectively addressed.
In view of the urgency to address the problem of criminalization of human rights activity, the SRSG recommends that the Special Secretariat for Human Rights and the Federal Ministerio Publico make joint efforts to collect and analyze the cases brought against human rights defenders in order to propose legislation or policy guidelines to prevent prosecution of defenders for carrying out activities in defense of human rights.
She also recommends a more proactive role of the State in mediation of social conflict and in legitimization of defenders’ participation and intervention on behalf of local movements. In particular defenders must not be left isolated in their struggle for or support of social justice against powerful or influential social entities and economic interests.
She strongly recommends review of existing mechanisms for the monitoring and accountability of state security apparatus, particularly the military police. There is a general lack of confidence in the competence, vigilance and independence of the existing mechanisms.
The Special Representative of the Secretary General on the situation of Human Rights Defenders, Hina Jilani, visited Brazil from 5 to 20 December 2005. At the end of her mission she held a press conference in Brasilia during which the following statement was issued:.
The SRSG thanked the Government of Brazil for extending the invitation to her and the excellent cooperation that she received in preparation of and during her mission. She also thanked the defenders’ organizations and groups for their efforts in preparing for the mission and for assisting her in collecting comprehensive information relevant to her mandate. She also expresses gratitude for the cooperation and assistance provided to her by the office of the UN Resident Coordinator in organizing the mission. In addition to Brasilia, The SRSG visited several locations in the states of Para, Bahia, Pernambuco, Sao Paulo and Santa Catarina and had the opportunity of meeting with Government authorities, members of Federal and State legislatures and the judiciary. She regrets that she could not meet with His Excellency President Lula De Silva, and hopes that her concerns will be brought to his attention by the members of his Cabinet whom she had met. She exchanged views with the diplomatic community and thanks them for this opportunity. She also met with human rights defenders engaged with a range of human rights issues in the fields of civil and political rights as well as social economic and cultural rights.
In view of the information she gathered she expressed her appreciation of the government’s understanding of the problems and its efforts to overcome the hurdles in improving the environment for the effective functioning of human rights defenders and for their protection. She noted the comprehensive policies and initiatives on human rights adopted by the government, in its efforts for better implementation of the strong legal framework provided by the Constitution for the protection of human rights.
She found that the work of human rights defenders is generally respected within the governmental structures and that authorities do engage the civil society and seek its participation and involvement in the design and implementation of human rights initiatives. The SRSG particularly commends Government’s positive response to civil society demands for the establishment of the Special Secretariat on Racial Equality and for the restoration of ministerial status of the Special Secretariat for Human Rights. She acknowledges the potential for advancement of human rights through these initiatives. She particularly notes the sensitivity of the Special Secretariat for Human Rights on the issue of security for defenders and the significant role that this institution can play in the formulation and implementation of a strong human rights agenda, including measures that provide an enabling and safe environment for defenders to conduct their work freely in all fields of human rights that they are engaged in.
However, despite government initiatives and the efforts of an active and experienced civil society, serious concerns regarding the situation of human rights defenders persist because of a wide gap between the declaration of the policy and its implementation and between the creation of mechanism and their effectiveness. The damage that incidents of violence and threats have caused to the security of human rights defenders, many of whom have had to flee their homes and have been living away from their families for a long time, should not be under estimated. Such a situation has perpetuated a climate of distrust and lack of faith in existing mechanisms and initiatives for human rights.
In their efforts to attain social, economic and cultural rights, in seeking to expose human rights violations and to end impunity for these violation and in resisting discrimination or marginalization human rights defenders are experiencing serious harm. Their right to life, liberty and physical security continues to be threatened. They are subjected to unfair and malicious prosecution, harassment and vilification as retaliatory action by state as well as by powerful and influential non-state entities. Leaders and supporters of social movements, in particular, have suffered and are placed at serious risk for activities in defense of human rights. Even government functionaries performing their tasks have not been safe and the Special Representative received reports of labour inspectors, as well as civil servants who were targeted.
The SRSG was greatly disturbed by reports indicating that when human rights activists organize they are accused of forming criminal gangs and when they mobilize for collective action to protest violation of rights they are accused of creating public disorder. While she does not discount allegations made by some state governments of violence accompanying collective action in some instances, she has noted, with grave concern, that peaceful public action for defense of human rights has frequently been met with disproportionate use of force. She is particularly concerned at the use of “non-lethal weapons” like rubber bullets by security forces in their operations during such events. In response to her questions, authorities in certain states could not satisfy her about the procedures that streamline authorization and monitoring of such use. She has also noted the serious allegations of violence against defenders and abuse of powers by the State Military Police. In her estimate Federal Police and other mechanisms for administration of justice enjoy a relatively higher level of trust from the population.
Much of the violence against defenders is rooted in conflicts over land and environmental protection. The SRSG had the opportunity of examining the situation of defenders involved in social movements, such as those for the rights of landless rural workers, peasants, indigenous communities and people of African descent, sexual minorities, the homeless, and people affected by dams. She believes that these social movements are an asset and add value to Brazilian democracy. They have developed modes of social action and are evolving rules of engagement that limit the possibility of the use of violence in social action. She believes that this aspect of the role of defenders in social movements must be projected by the State as well as the media.
She believes that more uniformity of commitment and complementary efforts to implement human rights policies by the Federal and State governments could mitigate many of these concerns. She senses an urgent need for critical adjustments in the role of the judiciary in order that the social policy of the state, enunciated in the Constitution, has a stronger assurance of practical implementation. In this context she recommends constitutional interpretations and judicial action that ensure not only equal respect for economic, social and cultural rights but also for removal of any superficial conflict with regard to the enforcement of different rights guaranteed by the Constitution.
The human rights committees of the Parliament and state legislative assemblies are generally active on human rights issues and are accessible to human rights defenders. However, the legislature as an institution needs to be more sensitive to human rights issues and assign more priority to the protection of activities for the defense of human rights in their legislative agenda. The SRSG is also aware of apprehensions that political polarizations within the legislative bodies have undermined many human rights related initiatives.
While security arrangements for protection of defenders at risk, is a necessary measure of immediate and interim nature, it is not a solution to the problem. The Special Representative urged the government to adopt more comprehensive strategies for the protection of human rights defenders together with the ending of impunity for violations affecting them and by unambiguously articulating support for activities in defense of human rights. She welcomed the investigation and prosecution for the killing of Sister Dorothy, but hoped that this step at removing impunity will not end with this case and other similar incidents will be effectively addressed.
In view of the urgency to address the problem of criminalization of human rights activity, the SRSG recommends that the Special Secretariat for Human Rights and the Federal Ministerio Publico make joint efforts to collect and analyze the cases brought against human rights defenders in order to propose legislation or policy guidelines to prevent prosecution of defenders for carrying out activities in defense of human rights.
She also recommends a more proactive role of the State in mediation of social conflict and in legitimization of defenders’ participation and intervention on behalf of local movements. In particular defenders must not be left isolated in their struggle for or support of social justice against powerful or influential social entities and economic interests.
She strongly recommends review of existing mechanisms for the monitoring and accountability of state security apparatus, particularly the military police. There is a general lack of confidence in the competence, vigilance and independence of the existing mechanisms.