In Dialogue with Brazil; Experts of the Human Rights Committee Commend Progress on Addressing Human Rights Violations in Prisons, Raise Issues Concerning Police Violence and Hate Speech
The Human Rights Committee this morning concluded its consideration of the third periodic report of Brazil on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the creation of the Mandela project, and raising issues concerning persistent police violence and hate speech.
A Committee Expert said that the Mandela project to address human rights violations in prisons was commendable.
Another Expert said excessive and sometimes lethal police violence had been unacceptably high for more than a decade and the victims were disproportionately young Afro-Brazilian men from poor communities. Could the delegation provide information on measures taken to reduce the death rate from police operations, such as body cameras, which dramatically reduced the death rate by 76 percent in Sao Paulo following their implementation in 2022?
Another Expert said hate speech in the country was concerning. Could the delegation provide specific examples of laws, cases, and justice? How would hate speech from political officials be addressed?
Rita Cristiana De Oliveira, Executive Secretary of the Ministry of Human Rights and Citizenship, and head of the delegation, introducing the report, said Brazil was in the midst of a total reconstruction of its human rights policies, following their active dismantling in recent years, during a dark period in the country’s history. For Brazil, the right to life bolstered its rights policies, but specifically the right to conditions which guaranteed a dignified existence. Therefore, the Government recognized the need to empower populations who had experienced historical discrimination, including black, indigenous, homeless people, quilombos and the lesbian, gay, bisexual, transgender and intersex community.
To that end, the country established several working groups which would generate new policies addressing the root causes of discrimination for black youth and political violence against women. A council for the rights of lesbian, gay, bisexual, transgender and intersex people was created, and the new Ministry of Indigenous Peoples would aid in undoing the harm of illegal mining and logging in previous years.
In the ensuing discussion, the delegation, in response to Experts’ questions concerning police violence, said a system for registered deaths caused by police, and an increased use of body cameras, were other proposed measures to combat institutional violence. The success of body cameras in Sao Paulo had influenced this. Following the pandemic, there was a prohibition of police operations in the favela and investigations were started to monitor police violence. Though body cameras were not obligatory, there had been a decrease in killings by police in 2022.
The delegation said there was no single legal definition of hate speech accepted within the country and internationally, which was a problem. However, hate speech could be prosecuted under different legislation concerning insults. The federal court recognised that freedom of speech did not cover antisemitic speech. Another law targeted insults in public settings, but the piecemeal way hate speech was addressed legally, made it difficult to provide statistics. Hate speech and discrimination undermined democracy and the government was working hard to fine tune the legal framework, to address this.
In concluding remarks, Ms. De Oliveira thanked the Committee for the opportunity to discuss the state of human rights in Brazil and demonstrate the country’s return to its former path on human rights. The country welcomed the participation of civil society and expressed openness to collaborate in the creation of public policy and its application in the future.
Tania María Abdo Rocholl, Committee Chairperson, thanked the delegation for its participation in the constructive and open dialogue and underscored the importance of Ms. De Oliviera’s ministry, as well as civil society participation. Brazil’s commitment was demonstrably genuine.
The delegation of Brazil was made up of representatives of the Ministry of Foreign Affairs; the Ministry of Justice and Public Security; the Ministry of Human Rights and Citizenship; the Ministry of Indigenous Peoples; the Ministry of Health; the Ministry for racial Equality; and the Permanent Mission of Brazil to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-eighth session is being held from 26 June to 26 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m., Tuesday 27 June to begin its consideration of the second periodic report of Uganda (CCPR/C/UGA/2).
Report
The Committee has before it the third periodic report of Brazil (CCPR/C/BRA/3).
Presentation of the Report
RITA CRISTIANA DE OLIVEIRA, Executive Secretary of the Ministry ofHuman Rights and Citizenship, and head of the delegation, said that Brazil was in the midst of a total reconstruction of its human rights policies, following their active dismantling in recent years, during a dark period in the country’s history. She noted that the report had been submitted under the previous government. For Brazil, the right to life bolstered its rights policies, but specifically the right to conditions which guaranteed a dignified existence. Therefore, the Government recognized the need to empower populations who had experienced historical discrimination, including black, indigenous, homeless people, quilombos and the lesbian, gay, bisexual, transgender and intersex community. President Lula had instituted the “Nova Bolsa Familia” income transfer program, serving over 54 million Brazilians who were in majority black people and woman-headed households. An interministerial working group was created, to oversee implementation of the Living Black Youth plan, which aimed to address violence, social vulnerability and confront institutional racism. Another interministerial working group was established to prepare the National Policy to Combat Political Violence against Women.
Brazil had withdrawn from the Geneva Consensus, as its objectives contradicted the country’s position on realising sexual and reproductive rights for the lesbian, gay, bisexual, transgender and intersex community. Further work on equality for this community included the establishment of a dedicated Deputy Minister, as well as a National Council for the rights of lesbian, gay, bisexual, transgender and intersex people. Additionally, this Pride Month, the Government adopted a simplified procedure for the recognition of asylum status, for those forced to flee their country of origin because of their sexual orientation or gender identity. Human rights defenders and environmentalists would be protected by a new legal framework, and in May this year, the Government sent the Escazu Agreement to be ratified by the Brazilian State.
The country was committed to combatting hate speech. The attack on Brazilian democracy on January 8th 2023, clearly highlighted the effects of the incitement to hatred and political violence encouraged in recent years. Another working group had been established to combat this. The Ministry of Human Rights and Citizenship, in partnership with the Ministry of Justice and Public Security, was building the “Mandela Project” based on the “Mandela Rules” to address human rights violations in the country’s prison system. This project would consider the role racism played in naturalising violence against the black and poor populations of the country, as well as lingering effects of the 20-year military dictatorship. The struggle for truth, memory and justice remained a priority for the new government.
A ”Housing First” programme would guarantee the right to housing for Homeless persons. Great attention had been paid to the Brazilian Indigenous Peoples, who in recent years, had been victim to the negligence and illegal mining and logging at the hands of those formerly in government. The creation of the Ministry of Indigenous Peoples in January this year, headed by Indigenous leaders, was a milestone for Brazil. The delegation expressed gratitude for the Experts’ work as well as civil society groups, as their input was essential for creating further solutions for the country.
Questions by Committee Experts
A Committee Expert noted the significant change in the country following the election of President Lula. The dialogue was taking place during a positive time in Brazil’s history and the Committee hoped that its concluding observations would help the country realise its goals. The State party noted developments in its legal framework, regarding the fight on corruption. As reportedly one of the most stringent legal frameworks worldwide, how was it implemented? Why had only a small number of cases been brought to trial and why were there more convictions than complaints lodged in localised in the Curitiba and Rio De Janeiro regions? The former governor of Rio De Janeiro had been convicted of fraud. Had his sentence been finalised and enforced?
How were the recommendations for the National Truth Commission implemented? Was their implementation aligned with the Covenant?
Dom Philips and Bruno Pereira were killed in the Javari Valley. What was the status of the investigations into these deaths? Would the State party implement the Committee’s previous recommendations fully? How was the International Covenant on Civil and Political Rights ranked within Brazilian Law? Were there plans to elevate its importance, so that it would be integrated into the country’s legal framework?
According to the State party, the definition of terrorism in legal frameworks and in Bill 1595/2019 was in line with international standards. Which standards were being referred to? Reportedly, a goal of the bill was to create a special police unit dedicated to country terrorism. What oversight was envisioned for such a specialised unit? The Committee was concerned that the legislation could target social movements. How would the bill be revised in the future to ensure that political and civil rights were protected in the country?
Another Committee Expert noted with appreciation, the legal protections established by the State party on non-discrimination. Though it was indeed praise-worthy to address individual discriminations, did the State party have any plans to create an intersectional comprehensive framework? The establishment of the Council for Indigenous people was commendable, as were advancements in legislation protecting the lesbian, gay, bisexual, transgender and intersex community from discrimination, but reports of discrimination persisted. Could the delegation address this?
Hate speech in the country was concerning. Could the delegation provide specific examples of laws, cases, and justice? How would hate speech from political officials be addressed? Could the delegation provide updates on its Humaniza Redes programme and its outcomes? What new measures were in place to combat online hate speech? The measures taken during the State of Emergency during the COVID-19 pandemic did not align with the Convention. Could the delegation provide information on measures taken during the State of Emergency in Public Health, lasting from February 2020 to April 2022, and address the various allegations of derogations during the pandemic?
Another Expert asked for more information on the resources dedicated to programmes for promoting gender equality? While the quota system in the political sphere was admirable, reports had been received that some parties had created fake candidatures. How would the State party ensure the enforcement of these quotas? What measures had been taken to protect women who participated in electoral processes from harassment, threats, and violence? Were there specific measures taken for indigenous, Afro-Brazilian and lesbian, gay, bisexual, transgender and intersex women, so they could hold office without the threat of violence and discrimination?
The recognition of femicide as an aggravating circumstance for murder was a positive step to combatting violence against women. How would the State party address the high rate of femicide and violence? Would the Parental Alienation Law be repealed now that the Maria Da Penha law was passed? What measures have been taken by the State party to protect women and girls from sexual violence and ensure their sexual and reproductive rights, including legal access to abortion? How many women had faced criminal charges for seeking abortion services? Would the State party consider widening the circumstances under which pregnancy could be legally terminated?
Another Expert said excessive and sometimes lethal police violence had been unacceptably high for more than a decade and the victims were disproportionately young Afro-Brazilian men from poor communities. Reports indicated that persons of African descent accounted for 60 percent of victims in Sao Paulo and 90 percent in Rio de Janeiro. Disaggregated data was lacking, however. Could the delegation provide information on measures taken to reduce the death rate from police operations, such as body cameras, which dramatically reduced the death rate by 76 percent in Sao Paulo following their implementation in 2022?
The raid on the Jacarezinho favela on May 6 2021, which resulted in the deaths of 27 residents, was unlawful. What information was available on the current investigations of the officers who had planned and carried out the raid? What was the State party doing to ensure effective, timely and independent investigations and address the difficulties faced by victims and their families in securing appropriate reparations? Could the delegation further provide information on the creation and then dissolving of the Group of Specialized Action in Public Security, which carried out a helicopter attack on a neighbourhood and another which resulted in the death of a 14-year-old boy? What was the status of the investigations into these events?
Further increasing levels of violence and homicide against lesbian, gay, bisexual, transgender and intersex persons was concerning. What measures were Brazilian authorities taking to criminalize and punish all forms of hate crimes? Was the State party collecting disaggregated data on the rate of homicide on the basis of the victims’ race, colour, indigeneity, and sexual orientation?
Another Committee Expert asked for more information on reports of enforced disappearances, committed by paramilitary groups, police officers and state officials. What measures were adopted to investigate these cases and how would they be brought to justice? What information was available on the case of Davi Fiùza? What measures were taken to minimize preventable deaths during the COVID-19 pandemic? The information received by the committee noted that the pandemic was downplayed or referred to as a “flu”. What measures were adopted to protect people belonging to vulnerable groups and were there statistics on deaths within these groups, versus the general population?
What efforts were underway to mitigate the effects of climate change? The implementation of environmental legislation was insufficient. Could the delegation address this? What was the scope of the deforestation in the Amazon Rainforest and what was the Government doing to address this? How many lawsuits to protect citizens, following degradation due to climate change, were underway?
Responses by the Delegation
The delegation said President Lula had established several agencies which demonstrated the country’s commitment to human rights. The Ministry for Indigenous Peoples was a watershed moment in this regard. The creation of a Ministry of Health, which would address the situation faced by the Yanomami people, was also headed by an indigenous man. An almost year-long operation to fight illegal mining in the Yanomami region was underway, involving collaboration between federal agents and indigenous peoples. Results included the seizure of assets and the destruction of illegal aircrafts. Monitoring mechanisms were established to monitor the invasion of indigenous territories and remove intruders. 774 non-indigenous squatters had been removed from an indigenous region.
The 1988 Constitution provided a legal basis for non-discrimination which guaranteed the inviolability of the right to life, safety, and property. The Government had committed to eradicate poverty and to promote material equality. A 2023 decree stipulated that at least 30 per cent of public administration positions would be filled by persons of African descent and the creation of affirmative action initiatives for poor populations were underway in education as well. Early successes were notable, but the Government sought to increase the reach of affirmative action programmes. The Ministry of Racial Equality launched a public education campaign focusing on the intersections of race and gender. By decree, racial slurs had been criminalised in sports, recreational activities and politics. The Supreme Court addressed complaints of discrimination against lesbian, gay, bisexual, transgender and intersex persons, through legislation against racism. Likewise, the court established a quota which stipulated that a minimum 30 per cent of political candidates had to be women.
Migrants and refugees had the same rights as citizens. Since 2007, a law on foreigners established non-criminalisation of migration and prohibited administrated detention for migrants. Measures to address intersectional discrimination included education campaigns on the discrimination of black women in society and the adoption of the Inter-American Convention’s definition of aggravated discrimination, granting it the equivalent status of a constitutional amendment. International treaties were adopted with the status of ordinary law on human rights.
A legal framework to combat corruption included a newly amended law used widely by the prosecution system, which addressed corruption amongst entrepreneurs and public sector contracts. Not much data had been kept, but this problem would be resolved. Over 200 entities carried out investigations in this regard. In 2021, 37,000 civil investigations for corruption were underway. 20 percent of cases had been dropped. During the past year there were 777 cases underway. Digital cases could be resolved in about three years, but physical cases might take up to ten years. The “Carwash” case was very complex. 10 percent of cases related to it has been concluded. 25 entities were involved in the fight against money laundering in the country.
The delegation said, a three-pillar strategy including the right to memory, institutional reform and symbolic and financial reparation as well as accountability had been undertaken by the Truth Commission. 300 people had been recognised as dead and work was being done to identify remains. In 2021, the Commission was created to address state violence. 60,000 applications had been reviewed. The inter-American court of human rights found in 2010 that the Gomes case was contrary to international law. In 2022 a court convicted an individual connected to those crimes. The Commission reviewed the sentence, and an appeal was underway before the Supreme Court. In the specific case of Claudio Gare, who participated in hiding bodies, this was recognised as equivalent to crimes against humanity and international human rights legislation was applied.
The country was in the process of signing an accord with Paraguay, to better implement international recommendations by the judiciary. There was no single legal definition of hate speech accepted within the country and internationally, which was a problem. However, hate speech could be prosecuted under different legislation concerning insults. The federal court recognised that freedom of speech did not cover antisemitic speech. Another law targeted insults in public settings, but the piecemeal way hate speech was addressed legally, made it difficult to provide statistics.
An increased rate of violence against the lesbian, gay, bisexual, transgender and intersex community was rooted in structural hatred. Trans-women were the group most targeted by violence, followed by gay men. Hate speech and discrimination undermined democracy and the government was working hard to fine tune the legal framework to address this.
Several measures had been implemented to address gender equality, including a budget increase. A working group would propose a “Care policy” stipulating that care work often prevented them from attaining career goals. A sexual harassment prevention campaign was implemented within the civil service and a working group was currently addressing political violence against women. Marielle Franco Day was established to facilitate dialogue on discrimination and the faking of candidacies to meet quotas in political parties had been criminalised. President Lula’s goal was to drastically reduce the amount of femicide in Brazil. The pandemic had a staggering effect on violence against women, with femicide rates peaking in the first half of 2021. Over 60 percent of victims were black women and the perpetrators were often partners. Observation efforts were under way inside the country, but policy would also be informed through international exchange. The Government was seeking to strengthen the quality of women’s shelters and already existing hotlines.
Authorities continued investigations into the attempted coup on January 8th, 2023, where acts of terrorism were committed, led by the extreme right, who questioned the legitimacy of democratic elections. Measures were also being taken to root out terrorism in schools. 330 arrests had been made to date and 2,800 investigations were under way. Increased attention was being paid to online platforms. Specific legislation to fight terrorism, such as threats to democracy and school shootings, was being developed.
A presidential decree had been established to reduce the violence suffered by black youth. A “Living Black Youth” caravan aimed to reform policy by promoting direct dialogue throughout Brazil. A system for registered deaths caused by police and an increased use of body cameras, were other proposed measures to combat institutional violence. The success of body cameras in Rio de Janeiro had influenced this. The legislative branch has been discussing how to criminalise enforced disappearances and reparation. The Ministry of Racial Equality met with the family of João Pedro after he was killed to hear their demands for reparation and would follow their case.
A working group had been set up to investigate the killings of Bruno Pereira and Dom Philipps. A police inquiry produced a criminal investigation. Three suspects had been identified and questioned, and the investigation was still underway. Regarding the killing of João Matos Pinto, three police officers were accused of aggravated manslaughter and a hearing would take place in July this year. Following the pandemic, there was a prohibition of police operations in the favela and investigations were started, to monitor police violence. Though body cameras were not obligatory, there had been a decrease in killings by police in 2022. The delegation was aware of unfair racial profiling practices.
The State party sought to reduce the number of at-risk persons from entering the prison system. Instead, guidelines had been established to introduce house-arrest measures. The prison population were given priority access to the COVID-19 vaccine.
Abortion was legal to save the life of the mother or in the case of encephalitis, of the foetus. Abortion was stigmatised for those who practised it and those who sought it, and the Government was working to address this. Abortions took place in hospitals for pregnancies under 12 weeks. Access to reproductive health would be restored and the new national policy for comprehensive women’s’ health care would provide neonatal and maternal healthcare. Limits were not placed on abortions in certain cases and would be provided if necessary.
Follow-Up Questions by Committee Experts
A Committee Expert welcomed information on the policies combatting violence against women. How were the women protected by these policies made aware of their frameworks? Could the State party provide more information on the measures being taken to address the root causes of discrimination and violence? Stigma was an obstacle to obtaining an abortion. How would the State party make women feel comfortable to freely obtain a legal abortion?
Another Committee Expert asked about the outcome of the 90-day precautionary measures to reduce police violence? What data was available on the adoption of body cameras outside of Rio de Janeiro? Would the Government encourage the creation of specialised units to investigate police violence?
An Expert asked if there had been a general reduction on the rate of corruption in the country? Had the recommendations of the Committee been implemented?
Responses by the Delegation
The delegation recognised that challenges existed in gender equality for the most vulnerable women. Strategies were under way to increase awareness, education and communication between the government and the public, but the current administration first needed to correct the work of the previous several years which had even banned the use of the word “gender” in various debating forums. Once the groundwork was laid, policy work would follow. The current legislation working to define terrorism was informed with respect to protecting the freedoms outlined in the Covenant.
There had been a clear change in corruption levels. It was a permanent problem, but people knew that it was much more difficult to commit today. No specific data was available, but the levels were certainly decreasing. The previously mentioned system of monitoring recommendations meant that Brazil would absolutely implement the recommendations from the United Nations system and the Inter-American system. There was no formal derogation from any of the rights inscribed in the Covenant.
Violence had become more visible in Brazil and the justice system was attentive to this. Structurally speaking, better policies were needed to combat the root causes of gender-based violence affecting women, trans people and the lesbian, gay, bisexual, transgender and intersex community. The Working Group would create the necessary policies.
Questions by Committee Experts
A Committee Expert asked if an investigation was opened into the deaths of Dom Philiips and Bruno Pereira?
Another Expert noted that there was no data on prosecutions related to hate speech due to its ambiguous legal definition. Would the State party clearly define hate speech in the future? Was data available on prosecutions under death threats and insults?
Responses by the Delegation
The delegation said the investigation into the deaths of Dom Philipps and Bruno Pereira had been underway in the Federal Justice system of Amazon State, and three persons had been charged. A second investigation conducted by the police focused on those who ordered the hiding of the bodies. The former president of Funai was also charged because they did not take measures to prevent the murders and concealment of the corpses.
The COVID-19 pandemic was indeed just treated as a flu by the previous government, which was negligent. Appropriate measures were not taken, resulting in over 703,000 deaths. Brazil had the second highest number of deaths from COVID-19, just behind the United States, with black people and minorities disproportionately represented. Indigenous people were similarly neglected and were denied access to masks and treatments. A previous genocidal project in the Yanomami region aimed to dismantle vaccine access, increase illegal mining and decrease easy access to food, had caused many deaths. The Government was addressing this, re-establishing access to vaccines and treatments for malaria, as well as addressing malnutrition. It was a priority for the government to provide the indigenous persons living in the region with dignified living conditions.
The Parental Alienation law had been used to deny mothers access to their children, following accusations of domestic violence and a technical note had been produced to address this. The Federal Government had put forth guidelines for media to prevent hate speech. More broadly, public policy would attempt to respond to the dire need for a legal framework curbing hate speech in the future.
Follow-Up Questions by Committee Experts
A Committee Expert said the national mechanism for combatting torture was commendable. However, a lack of human resources and an adequate budget prevented its proper functioning. What measures were taken to address this, including within the prison system? Torture affected persons of African descent and other vulnerable persons disproportionately. Could data be provided on the number of cases and their outcomes?
Forced evictions were concerning for indigenous persons, but particularly during the 2016 Olympics. Almost 20,000 evictions took place during in the context of the COVID-19 pandemic. Could the delegation comment on these events and could victims seek redress? The use of digital technology such as Ad Tech and facial recognition technology was of great concern, as it was shared with third parties. A moratorium on such technologies was recommended, until systematic due diligence on their use could be conducted. How did the State party’s general data protection law address this? How was sensitive data stored, and for how long?
Another Committee Expert expressed concern about prison conditions. Overcrowding was a problem. The efforts to create alternative sentence solutions was noted; how many people did this affect? How many people were currently in the prison system? How was the right to a fair trial guaranteed? Were “digital court rooms” hearings effective in decongesting the prison system? What branch of government was responsible for ensuring the rights of prisoners? How had the State party addressed racism in the justice system?
In rural areas, trust in the justice system was declining. How was the State party addressing this? Had the budget for the National Public defender’s office been restored after cuts in 2020? How would the State party protect the independence of the judiciary in the future? How were judges appointed? Reportedly there was one justice for the rich and one justice for the poor. Could the delegation address this?
An Expert said victims of forced labour were entitled to three payments of salary, but what did full reparation look like? What measures ensured non-recurrence of forced labour for those who had suffered cruel treatment, as in the case of vineyards? How were the perpetrators brought to justice? Over 52 percent of asylum applications were from Venezuela, and they had reportedly been sleeping in streets due to the slow process. Could the delegation comment on this?
Attacks against politicians were concerning. What measures was the Government taking to protect them. What was the status of the investigation into the murder of Mirielle Franco? What measures were in place to facilitate diversity in political life?
Another Committee Expert said that efforts to combat religious intolerance were commendable, specifically the Programme to Combat Religious Racism, and the recent adoption of laws prohibiting religious discrimination in three States. What measures were in place to protect indigenous persons, Afro-Brazilian religious leaders and Jewish people from attacks? Were conscientious objectors stripped of their political rights, including voting? What was progress on the so-called “Fake News” bill? The National Observatory on Violence Against Journalists and Communicators was commendable. Could the delegation provide more information on its activities, including statistics?
What was the State party doing to curb violence against peaceful protesters? What was the status of investigations against peaceful protestors, including Deborah Fabri, Sérgio Silva and Edvaldo Alves, as well as anti-racism rallies and protests by student and indigenous groups in Brasilia in 2021?
An Expert asked what steps the State party had taken to protect all human rights defenders? How did it ensure justice, and hold perpetrators to account? What data was available on attacks against human rights defenders? Protection measures from the human rights defenders programme had not been implemented throughout the country and it did not respond to the needs of indigenous and Afro-Brazilian human rights defenders. Could the delegation address this? Did the State party plan to establish a human rights institution, in line with the Paris principles, in the near future?
The State was obligated to demarcate indigenous lands to ensure access to natural resources and land rights. Which ministry was now responsible for this and why had it changed? Could an update be provided on the status of the Xokleng case before the Supreme Court? How would the State party ensure the proper functioning of the Funai? How were indigenous people protected from retaliation or slander? What measures were taken to prevent illegal logging, mining and other acts that destroyed the environment?
Responses by the Delegation
The delegation said protecting the freedom of assembly was a priority for President Lula. To that end, social dialogue had taken place between trade unions, the free land movement, government actors, to exchange good practices. A partnership between civil society organisations and the State would be emphasized so a repeat of the curtailment on their activities would not reoccur. For example, “inspections” of civil society organizations were replaced with partnerships, and civil society would have a larger role in public policy creation. A law undermining the creation of civil society organisation and their budgets, adopted under the previous presidential mandate, was repealed. The creation of a national human rights institution was an ongoing conversation within the government.
The Brazilian State was investigating the killing of Marielle Franco. However, its progress and findings had not been made public. Two suspects had been arrested, including a military police officer. Charges were brought and appeals were rejected, so the defendants would stand trial.
The previous administration refused to demarcate indigenous land, but the initiative had been relaunched and six indigenous territories had been recognised. The Funai had completed the review of several territories and the Ministry of Indigenous People would approve them soon. All ministries in the government were committed to indigenous land demarcation and the Funai had established over 20 new working groups to facilitate the task. The Government was clear on its stance that the cut-off point was illegal and was equivalent to backsliding on indigenous rights.
Illegal mining that took place under the previous presidency was being combatted through the establishment of draft laws on indigenous land management. In 2020, the Supreme court prohibited the expulsion of indigenous persons from their land and a conciliation department was created to settle land conflicts and promote joint management. The delegation condemned the arson attacks on religious sites. The Funai received a special loan to hire more human resources. A free, prior and informed consent protocol would be carried out for the Yanomami people, which was the first of its kind.
The policy to protect human rights defenders was created by decree in 2007, and was currently being carried out by 11 States. Unlike other protection policies, the policy sought to protect both community leaders and also popular leaders. Though sometimes ineffective, a plan was underway for improvements, through the construction of a technical working group which participated with civil society.
A decree of 2019 by the former President, moved the mechanism to combat torture to the Ministry of the Economy, depriving the experts of salary. The Supreme Court recognised that the previous government had acted to dismantle a public institution which resulted in backsliding on human rights. The decree had been repealed and the budget for the national prevention mechanism had been significantly increased. Complaints of torture within the prison system were not disaggregated by race. Capacity would be increased to receive complaints through the Mandela Project, but difficulties persisted. 18 State committees and five State mechanisms existed to prevent and combat torture. Prison overcrowding led to human rights violations, such as a lack of access to food and increased risk of disease. The prison population in the country was over 18 million. 44 percent were in pre-trial detention. The Mandela project also would seek to monitor the prison system through visits throughout the country, ensuring due process and promoting reintegration.
Forced labour was criminalized by a prison sentence of two years and a fine, as well as being put on a “dirty” list which would prevent employers from accessing loans or obtaining resources for business. Over 1000 people had been rescued from forced labour conditions this year, and 461 ongoing investigations were underway. A national referral system was established in 2021 to protect victims of forced labour.
Much had changed in the asylum application system. In 2019 the Cartagena declaration was applied to refugee legislation. As such, Venezuelan asylum seekers doubled the refugee population in the country. Currently 90,000 cases were unresolved due to an influx of 4,500 asylum seekers per month in the first half 2023 alone. During that time, however, 68,000 cases had been resolved. 31,000 of them were granted asylum, and the others were awaiting the guidelines of the Migration Act. An applicant could choose between protection under the Migration Act or the Refugee Act. Residence permits were granted for humanitarian reasons for those from Syria, Haiti, Afghanistan and Ukraine. Under the Cartagena rules, Mali and Burkina Faso were added to facilitate asylum access. Further, the asylum system would grant prima facie protection to women who were victims of female genital mutilation as well as lesbian, gay, bisexual, transgender and intersex people coming from countries who were hostile to them.
The judiciary was constructed through a public competition. Quotas existed for judges for black and indigenous persons and persons with disabilities. An increase in black judges had been observed over a five-year period, which indicated the success of previous initiatives. Even with the difficulty faced in previous years, access to justice increased. In 2021, there was a large increase in cases, largely due to the digitisation of legal proceedings. Detention hearings were regulated by the National Justice Council by a 2015 resolution, stating that any arrested person had to be brought before a judge within 24 hours. The number of pre-trial detainees decreased in previous years. Further, release was obligatory if charges were not brought after 24 hours. The National Council of Justice decided that all detention hearings would be in person after 2021, requiring that all lawyers were present.
Attacks on the Supreme Electoral Court after the previous election were successfully dealt with. The court issued a decision regulating electoral propaganda, which provided protection to candidates and victims of fake information, and issued fines for the perpetrators. That same resolution provided for the protection of female candidates from any kind of harassment. Freedom of peaceful assembly was a constitutional right and use of excessive force did occur during them. The Deborah Fabri court case sent to inter-American court was awaiting admissibility. The public defender’s offices were constitutionally obliged to promote democratic rights and needed to provide council to protesters. The public defender’s office was undergoing budget cuts, to curb public spending to accommodate inflation.
Follow-Up Questions by Committee Experts
An Expert hailed the reconstruction of the National Prevention mechanism on Torture as well as the progress on the Mandela Project. Could the delegation clarify who was responsible in terms of the penitentiary system? Was it the federal government or each individual State? What measures would be taken to avoid politicisation of the judiciary and for it to remain independent? The “revolving door” phenomenon between politics and justice was not desirable for an independent judiciary. Was the public competition to become a judge open for all, without restriction? Could the delegation provide more details about the process?
Another Committee Expert recognised that the electoral results of the 2022 election were important for human rights throughout South America. How would the State party ensure appropriate participation of indigenous women and minorities in politics?
An Expert welcomed the progress made on human rights defenders’ policy. How would all legislative reforms strengthen indigenous persons’ rights to natural resources and not weaken them?
Another Expert noted that Brazil’s black population was larger than Nigeria’s, and was underrepresented, and subject to harassment and even extermination. How would transitional justice be ensured in the future for black people and indigenous people?
A Committee Expert asked about current Afro-Brazilian representation in politics. What was the current situation of street children in the country? Was there a government programme to ensure their protection? How were police and judges trained to guarantee the human rights of prisoners? How would the excessive use of force by the police be controlled?
Closing Statements
RITA CRISTIANA DE OLIVEIRA, Executive Secretary of the Ministry of Human Rights and Citizenship, and head of the delegation, thanked the Committee for the opportunity to discuss the state of human rights in Brazil and demonstrate the country’s return to its former path on human rights. The country welcomed the participation of civil society and expressed openness to collaborate in the creation of public policy and its application in the future.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation for its participation in the constructive and open dialogue and underscored the importance of Ms. De Oliviera’s ministry as well as civil society participation. Brazil’s commitment was demonstrably genuine. The dialogue had covered many areas including the treatment of indigenous persons, persons of African Descent, lesbian, gay, bisexual, transgender and intersex persons, freedom of assembly, treatment of foreigners and religious freedom. Ms. Rocholl wished the delegation a safe journey home.
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CCPR23.012E