Experts of the Committee on the Elimination of Racial Discrimination Commend Brazil on Measures to Protect Migrants, Ask Questions on Police Violence against Racial Minorities and the Impact of Illegal Mining and Logging on Indigenous Communities

The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined eighteenth to twentieth periodic report of Brazil, with Committee Experts commending the State on measures to protect migrants, and asking questions on police violence against racial minorities and the impact of illegal mining and logging on indigenous communities.

Eduardo Ernesto Vega Luna, Committee Expert and Country Co-Rapporteur, congratulated Brazil on its adoption of a new migration law in 2017, simplified migrant processing procedures in 2019, new humanitarian visas, and measures to accommodate unaccompanied minors.  What was the status of policies related to migrants?

Mehrdad Payandeh, Committee Expert and Country Co-Rapporteur, raised concerns that the number of black men killed by police had increased in recent years.  The main victims of police violence were black boys and men aged between 12 and 21.  The Committee was concerned by an increase in extrajudicial killings and excessive use of force by the police in favellas, particularly against members of the Afro-Brazilian and lesbian, gay, bisexual, transgender and intersex communities.  What measures were in place to prevent police brutality and reduce the use of lethal weapons?

Mr. Vega Luna noted that recent legislative changes seemed to have made mining permits easier to obtain.  Did the State party include indigenous people in discussions involving mining projects?  Since 2016, deforestation had grown exponentially, and the land of indigenous communities had been reduced dramatically.  Mr. Vega Luna called for information on measures to control illegal logging, mining and deforestation.

Introducing the report, Cristiane Britto, Minister of Women, Family and Human Rights of Brazil and head of the delegation, said Brazil prioritised migration regulation, and migrant and refugees’ rights protection and their socio-economic integration, without any kind of discrimination.  The new migration law had established a humanitarian visa to allow for hosting foreigners who came from countries in situations of institutional instability or armed conflict.  The Government had granted humanitarian visas to Ukrainians, Haitians, people affected by the Syrian conflict, Afghan nationals, and to stateless persons and others.  Brazil also hosted the highest number of Venezuelans formally acknowledged as refugees in the world.

The delegation said the State party was disturbed by police violence.  Federal, state and local governments were working to fight the situation, and had had some small successes.  There had recently been a major drop in killings at the hands of police and a drop in police deaths on duty.  This could be attributed to the introduction of body cameras.  Seminars and online courses promoting racial equality in law enforcement were being held.

The delegation also explained that there were 11 environmental protection funds in place to protect indigenous populations.  The Government had fought more than 17,000 forest fires in 2021, issuing 1,500 fines and rescuing 1,000 animals.  The Government had also seized equipment and dismantled criminal gangs.  Indigenous communities were consulted regarding development projects according to protocols developed with indigenous communities.

In concluding remarks, Gay McDougall, Committee Expert and Country Co-Rapporteur, thanked the delegation for attempting to respond to the questions posed by the Committee.  Gradualism, she said, would not get the State party out of the current situation, nor would affirmative action programmes alone.  The Government needed to consult with civil society and make significant changes to improve the situation. 

Tovar Da Silva Nunes, Permanent Representative of Brazil to the United Nations Office at Geneva, said in concluding remarks that Brazil’s officials, judges and members of security forces would work to implement public policies addressing racial discrimination that were in place.  They were the first that were seriously engaged in the fight against racism.

The delegation of Brazil consisted of representatives of the Ministry of Women, Family and Human Rights; Ministry of Justice and Public Security; Ministry of Health; Ministry of Citizenship; Ministry of Education; National Council of Justice; Ministry of Foreign Affairs; and the Permanent Mission of Brazil to the United Nations Office at Geneva.

The Committee will issue its concluding observations on the report of Brazil after the conclusion of its one hundred and eighth session on 2 December.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.  The programme of work of the Committee’s one hundred and eighth session and other documents related to the session can be found here.

The Committee will next meet in public on Thursday, 17 November at 3 p.m. to consider the combined eighth to fourteenth periodic report of Bahrain (CERD/C/BHR/8-14).

Report

The Committee has before it the combined eighteenth to twentieth periodic report of Brazil (CERD/C/BRA/18-20).

Presentation of Report

CRISTIANE BRITTO, Minister of Women, Family and Human Rights of Brazil and head of the delegation, said that pjolicies in Brazil promoting racial equality were adopted through the Statute of Racial Equality.  This was a law passed by the National Congress to assure the effective equality of opportunities to the black population; the protection of individual, collective and common ethnic rights; and the fight against discrimination and other forms of ethnic intolerance.  The Statute of Racial Equality had devised the national system of racial equality promotion policies (Sinapir), which organised and coordinated the implementation of policies and services to overcome ethnic disparities in the country.  The system was led by the Federal Government.  It was available for states and municipalities to sign up to, provided that they had an operational council of racial equality promotion policies and a public body inside the local administrative structure dedicated to racial equality.  Presently, 25 states out of a total of 27 were part of the system.

The quota law adopted 10 years ago established a reserve of openings for black and indigenous people in higher education institutions associated with the Ministry of Education.  Through this legislation, it had been possible to increase the presence of black people in federal public universities by nearly 400 per cent.  Black people were now the majority in the public universities for the first time in history, accounting for 50.3 per cent of the total of enrolled students.  The national comprehensive health policy for the black population promoted the reduction of ethnic inequalities and combatted racial discrimination in health institutions and services. 

The National Indian Foundation serviced around one million indigenous people, who occupied nearly 14 per cent of the national territory.  There were 305 ethnicities and 274 indigenous languages in Brazil, an immensurable cultural wealth.  Protections for indigenous people and inspection of indigenous lands had been strengthened and self-sufficiency and income generation in villages had been promoted.

Brazil for almost 20 years had had legislation which prescribed that the basic school curricula needed to contemplate the study of indigenous and Afro-Brazilian cultures.  The Federal Government had been promoting ongoing training of teachers on the subject.  In 2022, the Government had added the national policy of indigenous people’s health care to the single health system, which acknowledged the effectiveness of traditional indigenous health practices and systems and adopted a complementary model through which health care was provided to indigenous people without sacrificing their customs and traditions.

The Federal Government had also introduced this year the national programme of access to drinking water in indigenous lands, the goals of which included universal access to drinking water and implementation of educational actions on basic sanitation and the rational use of water.  The Government had also invested nearly three million dollars in a project for constructing cistern tanks, structures for rainwater collection, benefitting almost 4,000 Quilombola families with improved drinking water access.

Brazilian protection policies against discriminatory treatment made no distinction between national and foreign populations.  Brazil prioritised migration regulation, and migrant and refugees’ rights protection and their socio-economic integration, without any kind of discrimination.  Domestic legislation was based on the respect for human dignity, prevalence of human rights, and equal rights between the national and foreign population.  A new migration law had also established a humanitarian visa to allow for hosting foreigners who came from countries in situations of institutional instability or armed conflict.  The Government had granted humanitarian visas to Ukrainians, Haitians, people affected by the Syrian conflict, Afghan nationals, and to stateless persons and others.  Brazilian shelters currently housed more than 345,000 Venezuelan migrants, refugees and citizens seeking refuge.  Brazil hosted the highest number of Venezuelans formally acknowledged as refugees in the world.

In recent years, Brazil had developed a large legal framework to combat historic inequalities, especially those stemming from the scourge of slavery.  There was an exceptional number of public policies promoting racial equality and combatting all kinds of discrimination.  Brazil would continue making all efforts to construct a society free from racism and discrimination, so that absolutely no person was left behind.

TOVAR DA SILVA NUNES, Permanent Representative of Brazil to the United Nations Office at Geneva, said that the Group of Experts on people of African descent had visited Brazil in 2013, and the Special Rapporteur on the rights of indigenous peoples in 2016.  Brazil hoped, in 2023, to resume talks with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; with the International Mechanism of Independent Experts for the Promotion of Justice and Racial Equity in Law Enforcement; and with the Group of Experts on people of African descent, in order to organise respective missions to the country.  Brazil also supported the mandate of the Special Rapporteur on the rights of indigenous peoples and the annual resolutions on the subject, which raised the level of awareness of the international community on this issue.

MARIA YVELÔNIA DOS SANTOS ARAÚJO, National Secretary of Social Assistance of Brazil, said that Brazil was firmly committed to the promotion of social and economic equality.  It promoted economic inclusion in urban and rural areas.  A differentiated registry was in place to provide targeted support to minority groups.  The State had implemented an income transfer programme in response to the pandemic.  Thanks to this programme, extreme poverty was reduced from more than five per cent of the population to less than two per cent.  Based on this programme, the social assistance programme had been revised; 82 per cent of families received support through this programme.  Food baskets had been distributed to indigenous communities; 2.5 million families had received these food baskets.

Questions by Committee Experts

GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said that the report of Brazil was detailed, comprehensive and candid.  She thanked civil society for their input.  Racism in Brazil was structural, institutional and multi-layered, and rooted in the State’s past.  There were problems with the data on race collected in the last State census.  When would the next census be held?  Would international standards on racial categorisation be conformed to?  Would data on lesbian, gay, bisexual, transgender and intersex persons be collected?

Black and indigenous women were harmed by racism and the COVID-19 pandemic, among other issues; 28.6 per cent of indigenous children had chronic malnutrition.  There had been a reduction of resources for programmes to fight racial inequality.  Why had these programmes been replaced with less effective programmes?  What support was provided beyond food baskets?  Were there plans to reintroduce income transfer programmes?  What measures were in place to combat the long-term effects of the pandemic on the black and indigenous communities? 

The largest percentage of deaths in the pandemic were those of black women.  Black women also experienced higher rates of maternal mortality and morbidity.  There was a crisis in the provision of abortion services, and women and girls who sought those services were sometimes criminalised.  There were reports of rape victims not being able to access abortions.  The national health policy aimed to ensure greater equality regarding the right to health, but in 2016, investments in this policy had been frozen for 20 years.  What measures had the State party taken to ensure that the black community could access COVID-19 vaccines?  What was the status of the provision of mental health services to the black community?  What programmes were in place to meet the health needs of the black and indigenous community?  What efforts were being made to repeal discriminatory practices regarding voluntary termination of pregnancy, and to combat discrimination in the health sector?

Over 60 per cent of black women-led households lived in the favellas, which had poor facilities and environmental pollution.  Inadequate housing had exacerbated the spread of the COVID-19 pandemic.  What impact had measures taken to address racial segregation in housing had?  What measures were in place to address the sanitation and water needs of black people and others who lived in favellas?

Fifty-six per cent of all murdered women were black.  There had been an alarming increase in violence against the lesbian, gay, bisexual, transgender and intersex community.

Extreme poverty had decreased 63 per cent in recent years.  However, black and indigenous persons had lower employment rates compared to the rest of the population.  Black women were engaged in unpaid or underpaid care work at a disproportionate level.  Afro-Brazilian women earned about 40 per cent of what the white population earned.  The public service quota law was under threat under current austerity measures.  What measures were in place to support the employment of Afro-Brazilian persons and protect the quota law?  What measures were in place to prevent discrimination of Afro-Brazilians in the workplace, and to provide reparation to victims.

Illiteracy was a serious problem for the Afro-Brazilian community.  Affirmative action legislation to increase the participation of this community in education had led to significant increases, but there were still issues.  What measures were in place to decrease illiteracy rates, particularly for indigenous people?  Had the pandemic deepened disparities between black and white students in terms of access to education?  The Committee hoped that the State party would strengthen laws supporting participation in education for indigenous and Afro-Brazilians.

The level of political representation of Afro-Brazilians in Parliament was at around five per cent.  There was a programme in place that granted funding to political parties that had black representatives, but there were claims that this programme had been abused by political parties falsely declaring that they had black representatives.

What steps had been taken to protect the black community and black politicians from violence and online discrimination?  What measures were in place to monitor the practices of political parties and encourage the participation of black delegates in the political sphere?

MEHRDAD PAYANDEH, Committee Expert and Country Co-Rapporteur, asked whether anti-discrimination laws covered all forms of discrimination, including indirect discrimination and discrimination based on race, gender and religion.  Was discrimination prohibited in terms of access to housing and private firms? 

What was the status of the Convention in Brazil?  Were there any court cases that had referenced it?  What measures had the State party taken to implement the Convention into domestic legislation?

The Committee had expressed concern regarding the low number of court cases involving racist crimes.  How did the State party assess the effectiveness of its anti-discrimination laws?  What was the reason for the limited use of anti-discrimination legislation?  Was implicit bias and a lack of sympathy from the police and the judiciary a factor?  What role did the lack of financial resources play?  There was a lack of accessibility to public defenders for the black and indigenous population.  What measures were in place to enhance the accessibility of the judicial system for victims of discrimination?  Did minority groups have access to legal aid?  Were anti-discrimination institutions able to bring suits to court?  Were there representatives of Afro-Brazilian communities and indigenous communities in the judiciary?

Were there plans to re-establish State institutions working to fight racial discrimination that had been disbanded or weakened under the current administration?

EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Co-Rapporteur, said that Brazil had several institutions working to promote human rights, but these institutions did not comply with the Paris Principles.  Brazil did not have a national human rights institute that complied with the Paris Principles.  What measures were in place to establish such an institute?  What measures were in place to strengthen human rights institutions and promote their cooperation and independence?  What budgets were provided to these institutions?

MEHRDAD PAYANDEH, Committee Expert and Country Co-Rapporteur, said that incidents of hate speech against Afro-Brazilian and indigenous persons were rising, but most incidents were not reported.  What measures were in place to address this issue?  What training had been provided to the judiciary on hate speech?  How did Brazil ensure accountability when Government officials used hate speech?  Were racist organizations prohibited?

Had the State’s online complaint system for hate speech been evaluated?  There seemed to be a low rate of removal of hate speech, and a lack of punishments issued to perpetrators.  What was being done to address this?  What measures would the State party take to address racial stereotypes in the media?  

GUN KUT, Committee Expert and Follow-Up Rapporteur, said that the last concluding observations on Brazil dated back to 2004.  The follow-up procedure was not applied to these concluding observations.  Under the follow-up procedure, the Committee expected the State party to submit an interim report on implementation of the recommendations of the Committee within one year of the issuance of the concluding observations.  Mr. Kut called on the State party to submit the upcoming interim report in a timely fashion.

A Committee Expert said that there were more than 6,000 cases of deaths at the hands of security forces, and over 60 per cent of persons killed were black.  Who gave orders to kill, and what oversight was in place on the actions of security forces?  Were there plans to pass legislation protecting human rights defenders?  What representation did black and indigenous persons have in the media in Brazil?

Another Committee Expert said that illiteracy was higher in the north region.  The dropout rate in schools was higher in rural areas than in urban areas.  Why was this?  Women had higher literacy and education levels than men.  Was this the case for both the white and black community?

One Committee Expert said that violence against black women occurred with a high degree of impunity.  Was it true that the murderers of a black female councillor had not been prosecuted?  What measures had been taken to address the digital divide for the indigenous population and Afro-Brazilians?

A Committee Expert asked for information on police violence in combatting the drug trade.  What was the state of freedom of worship in Brazil?

Another Committee Expert said that there were measures to stop deforestation in Brazil.  What had happened to indigenous communities that had been affected by deforestation, and what would become of indigenous communities still living in forests?

One Committee Expert said that the delegation did not have enough black and indigenous representatives, considering the make-up of the Brazilian population.  What measures were in place to address the impact of historical racism in Brazil?

Responses by the Delegation

The delegation said that Brazil had the largest black population outside of Africa.  After slavery was abolished, Brazil had been fighting to restore the place of black people in society.  Black women received the lowest wages and were affected by the highest level of unemployment.  COVID-19 had unveiled deep racial inequalities.  The number of unemployed black women had increased by around two million from 2019 to 2021.  Food baskets had been distributed to families in need in 2021, and financial aid had also been distributed.  A programme was in place to support the employment of black and indigenous women through courses and workshops.  As a result, there had been an increase in the female employment rate. 

The rate of black women who were victims of femicide was more than 60 per cent.  The Government planned to invest 80 million dollars by 2023 to tackle femicide and violence against women.  Lack of access to education and illiteracy was higher for the black population.  However, the number of black students in higher education had been increased by 400 per cent.  A policy had been implemented to improve school attendance and the performance of black and indigenous children in education.  The quota law allowed the Government to ensure a higher percentage of participation of black students in higher education.  African history was taught in school curricula.  The Government was also working to fight religious intolerance.

Black representation in Parliament had increased by 10 per cent since 2018.  Black congresspeople would hold a quarter of seats in national congress in 2023, but there was work to be done to further increase their representation.  In 2017, the Government had approved legislation encouraging the participation of black people in politics.

The Ministry of Women and Human Rights had a hotline to receive complaints regarding hate speech.  Brazil had enacted the Inter-American Convention on Racism and Hate Speech.  States parties to this Convention were required to prevent and eliminate all acts of intolerance, including financing of these acts, and prevent the dissemination of hate speech online.  Hate speech was addressed by the Ministry of Women and Human Rights.  The Government had introduced legislation that clearly stated what was and what was not acceptable in the digital environment.

The Ministry of Health was working to minimise the effects of the pandemic on the population.  Monitoring systems on the vaccination status of the population had been developed.  Brazil ensured the vaccination of all citizens willing to be vaccinated.  Specific funding had been dedicated to supporting the health of the black and indigenous communities.  More than 40 million reals had been invested in training health services to provide support to vulnerable populations.  In 2021, federal funding for primary health was invested in indigenous communities.  More than 90,000 people received care in the universal care system in 2021.  It was not true that black people had limited access to COVID-19 vaccines, or that there was a higher rate of maternal mortality for black women.  The State provided contraception at health centres free of charge.  All persons who had the right to receive an abortion could obtain it through State health care system. 

A new maternity policy had been developed to improve protections from maternal mortality.  Maternal mortality had increased during the pandemic.  The Government had invested more than 700 million reals in care for mothers and babies.  In the past, intensive care unit beds were difficult to access, but the Government had increased the number of beds available to 7,000 and reduced barriers to access.  The indigenous community was vaccinated with priority.

There were two income transfer programmes in place, one of which had been established to provide emergency aid during the pandemic.  The efficiency of the emergency public programme was undeniable, and the programme had led to a reduction in the number of people in extreme poverty.  Brazil’s current level of extreme poverty was now at its lowest rate of all time.  The other programme, Brazil Aid, was a fixed income transfer programme.  This programme enabled low-income families to overcome their social vulnerability.  The budget of this programme had been tripled by the current Government, and the number of families benefiting from the programme had increased; 198,000 families in these programmes were indigenous families.

The Supreme Court of Brazil interpreted the Convention and ensured that it was incorporated into the Brazilian legal system.  The development of public policies to tackle racial discrimination was ongoing.  In 2015, the Government had adopted racial quotas for exams for entering the judiciary.  All courts in the country were required to reserve 30 per cent of positions on the judiciary for black people.  Events had been held to debate issues related to racism with civil society.  A group of mainly black judges had been established to research racism in the judiciary and build a public policy on racial discrimination in the judiciary.  Proposals made by this group aimed to address the impacts of structural racism.  The rate of black judges had increased from less than 10 per cent in 2013 to over 20 per cent in 2021.  The group had also recommended increased monitoring of cases where black people and indigenous populations were victimised.  To participate in competitive examinations for judges, applicants needed to have taken courses in anti-discrimination. 

The Government was disseminating good practices regarding gender equality and ethnic diversity, hoping to eliminate the focus on race in the judiciary.  It was also providing training for judges who worked with vulnerable sections of the population, including migrants.  The Government was trying to promote the equal treatment of all people in prisons.  Procedures for dealing with indigenous people in prisons had been developed.  The Government promoted indigenous methods for solving conflicts.  It aimed to protect indigenous people working in Brazil.  A taskforce had been created to improve the training of the judiciary.  Special channels had been created to promote access to the judiciary for vulnerable groups. 

Questions by Committee Experts

GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said that her perceptions were based on impact.  It was interesting to hear how much money had been invested into the health system.  Was the 20-year freeze on investment in health policies still in place?  It was hard to understand the impact of health policies based solely on amounts of money.  Statistics on maternal mortality from the United Nations Population Fund indicated that black women had a far higher rate of maternal mortality than white women.  The situation was woefully inadequate and the disparities totally unacceptable.  How was money invested in the health system spent, and what happened when it was given to municipalities?  Racism occurred at the municipal level.

Ms. McDougall said that the delegation had provided very different numbers regarding the representation of black politicians.  The current system of incentivisation of black representation in political parties was problematic.  In how many federal departments were there affirmative action programmes, and how many Afro-Brazilians and indigenous persons had obtained employment through these programmes?

MEHRDAD PAYANDEH, Committee Expert and Country Co-Rapporteur, asked for more information on measures to strengthen institutions aiming to combat racial discrimination.  What measures were in place to assess the degree of implementation of anti-discrimination legislation?  There were numerous bills addressing online hate speech.  What were the measures and instruments to implement these bills?  Which institution was responsible for this?

Another Committee Expert called for more information on training for security forces to eliminate the killing of racial minorities. 

MEHRDAD PAYANDEH, Committee Expert and Country Co-Rapporteur, said the State party’s report pointed out the high level of homicides of Afro-Brazilians.  Children, especially boys, were disproportionately affected.  It was heart-breaking that homicide was the main cause of death for boys and men aged 15 to 19.  There was also a disproportionate number of black women victims.  What measures were in place to address this crisis?  How would the State party protect women, children and members of the transgender community?  How could the State party address the increasing level of gun ownership?  Why had gun controls recently been loosened?

Around 40 per cent of all incarcerations were pre-trial detentions.  Would Brazil consider revising policies on drugs?  Afro-Brazilians were disproportionately imprisoned.  How had Brazil responded to this?  How did the State party address the problem of over-policing in favellas?  What measures would the State party take to guarantee that incarcerated persons were treated in a manner that complied with international human rights standards?

The main victims of police violence were black boys and men aged between 12 and 21.  The number of black men killed by police had increased in recent years.  The State party report did not sufficiently address this problem.  The Committee was concerned about an increase in extrajudicial killings and excessive use of force by the police in favellas, particularly against members of the Afro-Brazilian and lesbian, gay, bisexual, transgender and intersex communities.  Decisions of the Federal Supreme Court aimed at reducing police violence had not been sufficiently implemented.  Recent legislative proposals could expand the powers of the police force and make convictions for the use of force more difficult. 

What measures were in place to prevent police brutality and reduce the use of lethal weapons?  Would the State party consider increasing the use of body cameras?  What were the protocols for investigating killings by police?  How did the State party ensure that investigations were conducted by independent parties?  What measures were in place to protect witnesses?  Often, military police were involved in operations in favellas.  Would the State party consider the demilitarisation of the police?  What redress was provided to victims of police violence?  Had any law enforcement personnel been convicted for unlawful killings?  Why had five officers recently been acquitted in a past murder case?  What measures were in place to combat racial profiling, especially of Afro-Brazilians?  Facial recognition systems recently introduced in public facilities had the potential to discriminate based on race.  How did the State party ensure that they did not?

What measures had the State party taken to guarantee freedom of assembly?  How did it ensure that excessive force was not used against protesters? 

There were reports of growing discrimination against persons that practiced traditional religions and medicine, and of religiously motivated attacks and a lack of sensitivity in the justice system regarding traditional religions.  Had the State party developed an effective policy to address discrimination of religious minorities?

EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Co-Rapporteur, said that between 2015 and 2019, Brazil ranked second on the list of most dangerous countries for human rights defenders.  Human rights defenders faced a violent environment characterised by harassment and murders.  Civil society had alleged that some attacks had been encouraged by the executive.  Women human rights defenders faced a higher level of violence.  What measures were in place to provide proper protection for human rights defenders?  The State programme to protect human rights defenders had had its budget gradually decreased.  Would the State investigate discrimination of human rights defenders promptly and effectively?

Recent legislative changes seemed to have made mining permits easier to obtain.  Did the State party include indigenous people in discussions involving mining projects?  Since 2016, deforestation had grown exponentially, and the problem had been worsened by the plan to control deforestation introduced in 2019.  The land of indigenous communities had been reduced dramatically.  Mr. Vega Luna asked for information on measures to control illegal logging, mining and deforestation.  The Government had reportedly failed to issue land titles to indigenous communities that had lost their land through logging activities.  Attacks by illegal miners and loggers against indigenous communities were ongoing.  What measures were in place to protect communities from these attacks, and from the dangers of mercury and other pollutants caused by illegal mining and logging activities?  What measures were in place to remove illegal miners and loggers, to demarcate and register indigenous lands, and to remove legislation that weakened indigenous persons’ claims on land?

What measures were in place to provide social services and social security to the Roma community, and to address gaps in access to services for this community?  Was Brazil collecting data on the status of the Roma?  What was the status of draft policies and legislation intended to protect the Roma people?  What strategies were in place to provide the Roma people with access to birth registration?

A new migration law had been introduced in 2017, and Brazil had adopted simplified migrant processing procedures in 2019.  The report stated that Brazil had created new humanitarian visas and measures to accommodate unaccompanied minors.  The Committee congratulated the State for these measures.  What was the status of policies related to migrants?  The Committee had received information that the third national plan to combat human trafficking lacked gender-sensitive policies and measures to address trafficking of children.  What measures would be introduced to address these issues?  

GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said that racialised domination persisted in Brazil.  Black and indigenous people were starving and employment for them was scarce.  The police cracked down violently on favellas.  Over two-thirds of rainforests had been burned, and human rights defenders who resisted were murdered.  The Government was a minority Government that was reminiscent of apartheid South Africa.  Policies of affirmative action could not alone constitute reparations.  Would the State party be willing to open negotiations with Afro-Brazilian and indigenous communities on reparations?  The Government’s time was running out.

Another Committee Expert said strategies had been adopted to achieve sustainable development goals one, two and three?  What strategies would be adopted for the Decade of People of African Descent?  Did Brazil have disaggregated data on Afro-Brazilians and indigenous people in the prison system?  Was there an observatory on the prison system?  Had studies been carried out on racism in Brazil?  Did Brazil have a housing policy for people of African descent and indigenous people?  Did it have a policy on statelessness?

One Committee Expert asked whether Roma had been included as a category in the national census.  Young pregnancy rates for black and indigenous girls had increased in recent years.  Did programmes intending to prevent youth pregnancy apply to black and indigenous girls?

A Committee Expert said that the problem seen in Brazil was a common problem across the world.  It was time for Brazil to understand that the way in which it considered indigenous populations needed to change.  There was no fish and water for these populations.  How would the State address this problem?

Responses by the Delegation

The delegation said that it was hurt by comparisons with apartheid South Africa.  The State party was trying to do the opposite of what the apartheid regime did, working to repair issues created by past administrations.  Affirmative measures such as the quota policy were intended to fight apartheid-like policies and encourage mutual respect. 

Brazil was disturbed by the police violence.  Federal, state and local governments were working to fight the situation, and had had some small successes.  There had recently been a major drop in killings at the hands of the police and a drop in police deaths on duty.  This could be attributed to the introduction of body cameras.  Seminars and online courses promoting racial equality in law enforcement were being held.  There were also programmes to prevent released prisoners from reoffending.

The national secretariat for racial equality policies and the national council for indigenous peoples had been created to encourage civil society participation in policy making.  The Senate had approved the Gypsy Statute in May 2022, which protected the rights of the gypsy population, and the Government was working to develop policies on education and training for this population.

The funds freeze did not affect investments in health, so sufficient funds for investment in health were still available.  Maternal mortality was more associated with income than race.  Health care facilities provided dignified care to all races.  A new policy for maternal and new-born health had been developed to address the problem of high maternal mortality for low-income mothers.  Providing care for gypsies was a priority for the Government.  The Government was working to prevent sexual activity among children below 14 years of age.  There had been 13,000 maternal deaths in 2021, with the majority occurring in the poorer regions of the country.  There had been an increase in maternal deaths of white women in 2020 and 2021, as well as of other races.  Health budgets had been expanded to improve maternal care.  The Ministry of Health had also increased training for health care workers to encourage contraception use in rural areas.  Obstetric and remote care was provided in the Amazon. 

Brazil had integrated a subsystem of indigenous health to its health care system.  More than 32,000 health care workers were stationed in indigenous communities, including indigenous health care professions; 84 million real had been invested in measures tackling COVID-19 in indigenous communities and 714 new professionals had been hired in indigenous communities during the pandemic.  Sanitary measures were also implemented in these communities to prevent the spread of the disease, and vaccination of the indigenous population was prioritised.  As of 2022, 92 per cent of the indigenous population had received a first dose of the vaccination. 

A suicide prevention programme targeting indigenous populations was in place.  The number of psychologists working with indigenous persons had been increased.  There had been a reduction of deaths due to suicide by more than 40 per cent through this programme.  Financial support was provided to the indigenous population to improve the nutritional health of indigenous peoples.  The Government had this year launched a programme to improve access to drinking water in indigenous communities.  The Government aimed to increase indigenous access to drinking water to 93 per cent over the next few years.  This week, the sixth national conference on indigenous health was being held and 87 per cent of participants were indigenous.  The conference aimed to strengthen health policies for indigenous people.

The Brazilian Government had implemented a national plan on security, which contained 13 goals to improve public safety, including goals to reduce homicide rates, reduce violence against women, improve security for young, black and other vulnerable populations, and reduce unregistered firearms and firearm violence.  There had been a reduction in victims of violent crimes in Brazil over the past five years, from 59,000 to 41,000 victims.  The public fund for security had been increased.  There were programmes in place to strengthen the safety of women, locate disappeared persons, and protect the lives of law enforcement personnel and others.  There were also measures in place to reduce police violence.  The national secretariat had been aiming to adjust policies based on national and international guidelines.  Training for law enforcement agents had been updated, and specifically focused on human rights.  Police officers were taught to use less lethal techniques.  Police followed international protocols for appropriate use of force, especially regarding firearms.

In 2021, there had been a reopening of the case of five police officers previously acquitted of murder.  The Brazilian State sent reports to the Inter-American Court and attended hearings on the matter.

Starting 2017, investments had been made to improve conditions in the prison system.  Preventative policies had been implemented that had led to 300,000 persons being given alternative punishments to detention.  There were 193 alternative rehabilitation teams in place, and 88,000 people were currently under home arrest.  In 2018, there were 780,000 people in Brazilian prisons, but this had been reduced to 650,000 in 2022.  Virtual hearings were also implemented to reduce incarcerations in some districts.  Over 4.5 million reals had been invested in oversight bodies for prisons.

The law on migrants ensured the same rights to migrants as nationals and promoted access to services, jobs and accommodation for migrants.  Legislation allowed refugees and asylum seekers to obtain work permits and secured rights to family reunions.  Almost 300,000 persons had requested refugee status in Brazil in the last decade, and the State had granted over 60,000 humanitarian visas.  The process for obtaining humanitarian visas for certain nationalities had been simplified, helping Venezuelans and Africans to obtain visas.

There were 11 environmental protection funds in place to protect indigenous populations; 640 temporary workers had been hired during the pandemic to boost social services in indigenous communities, more than 600 of whom were indigenous.  Brazil had invested more than 16 million dollars in protection of indigenous tribes and to fight illegal actions.  A web platform had also been developed to monitor indigenous land.  Inspections of mining and other development projects were carried out by State officials. 

The Government had been fighting deforestation through an interdepartmental effort, and had fought more than 17,000 forest fires in 2021; 1,500 fines had been issued in 2021, and 1,000 animals had been rescued.  The Government had also seized equipment and dismantled criminal gangs.  Investments in environmental protection had been increased by 335 per cent, and 135 work groups were analysing land claims from indigenous groups.  The Government had distributed more than two million food baskets to indigenous families.  Indigenous communities were consulted regarding development projects according to protocols developed with indigenous communities.  More than eight million dollars had been invested in strengthening indigenous agriculture, fishing and traditional arts and crafts.  These investments led to reduced numbers of indigenous children dropping out of school.

The Council of National Justice had held seminars for judges focusing on preventing discriminatory actions.  Conduct standards were in place for judges.  The Council had established a work group of experts from the justice system and non-governmental organizations to address racial profiling and discrimination in the judicial system.  This work group focused on investigating causes for the higher number of convictions of black people, and the impact of facial recognition software and racial profiling.  It had also recommended methods and guidelines for preventing racial profiling, and developed measures to prevent discrimination within the judiciary.  Draft guidelines and procedures had also been developed on recognition of criminal offenders, and on the rights of people suspected of crimes.  The approval of these guidelines would contribute to reducing racial discrimination in the criminal justice system.

Questions by Committee Experts

GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said it was reported that one institution that was mandated to protect the rights of Afro-Brazilians instead reportedly promoted hostility toward Afro-Brazilians.  Was this report accurate?

The problem with the police was that they were not seriously punished for killing people.  Sixty-five per cent of women who died giving birth were Afro-Brazilian.  Food baskets did not address the problem of food insecurity.

EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Co-Rapporteur, said that progress had been made on migration.  How could protection mechanisms for human rights defenders be strengthened?  Mr. Vega Luna asked for detailed information on how the land registration process for indigenous persons was taking place.

A Committee Expert said that quotas did not always work to improve representation in the civil service, as measures were sometimes abandoned when quotas were met.  Would the State party implement other measures to encourage representation?  What measures were in place to support girls and women in indigenous communities?

Another Committee Expert asked whether the Government planned to ratify international conventions on statelessness.  Did it plan to compensate indigenous people who had been affected by development policies?

Closing Remarks

GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, thanked the delegation for attempting to respond to the questions posed by the Committee.  She also thanked civil society for informing the Committee.  Gradualism would not get the State party out of the current situation.  The current Government was a minority Government.  Ms. McDougall strongly supported affirmative action programmes, but these would not address the current situation.  The Government needed to consult with civil society and make significant changes to improve the situation.  The situation in Brazil was based on blood and tears, and it would take significant efforts to change this.

TOVAR DA SILVA NUNES, Permanent Representative of Brazil to the United Nations Office at Geneva, said that the delegation was made up of officials that were experts in relevant fields, and did not accept judgements on its racial makeup.  There was severe blocking in the Human Rights Council of the Durban Declaration and Plan of Action.  Mr. Da Silva Nunes called on the Committee to support the Durban Declaration.  Brazil’s officials, judges and members of security forces would work to implement public policies addressing racial discrimination that were in place.  They were the first that were seriously engaged in the fight against racism.

VERENE ALBERTHA SHEPHERD, Committee Chairperson, said she had spoken at the last session of the Human Rights Council on racism, colonialism and the way forward.  Ms. Shepherd assured the delegation that the Committee had participated in consultations about the Durban Declaration, and thanked Brazil for its efforts to promote the Declaration.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/11/examen-du-rapport-du-bresil-devant-le-cerd-les-experts-relevent