A/HRC/59/62/Add.1 welcomes the fact that the Ministry of Racial Equality includes a secretariat dedicated to affirmative action and that it was successful in ensuring the renewal of the university quota system by the National Congress, in 2023. 40. Notwithstanding the foregoing, the Special Rapporteur stresses that the affirmative action programme would benefit from further strengthening and expansion. She notes with concern reports that the programme does not apply to all higher education and public institutions and does not include all marginalized racial and ethnic groups. Roma persons are not able to gain access to affirmative action programmes despite experiencing systemic racial discrimination and inequality. This non-inclusion of the Roma community in the marginalized racial or ethnic group category has resulted in the underrepresentation of the Roma community in higher education. The judiciary is also not included in formal affirmative action programmes, reportedly resulting in very low representation of those from marginalized racial and ethnic groups in judicial positions. In addition, the programme does not take intersectional discrimination into account and its effective implementation reportedly differs significantly between states, creating inequitable access. For example, the Special Rapporteur noted with concern reports of the non-implementation of the affirmative action programme in Santa Catarina. 41. Affirmative action and its beneficiaries can be subjected to racialized misconceptions and stereotypes within society. Affirmative action does not always comprehensively address the systemic barriers that those from marginalized racial and ethnic groups face in gaining access to education and decent work opportunities. Special measures work most effectively when they are complemented by a suite of other anti-racial discrimination and equality measures.15 In this respect, the Special Rapporteur welcomes the fact that the Government provides scholarships to beneficiaries of affirmative action in higher education. However, she notes reports that the support available does not fully meet the needs of students. She notes the recognition among many officials with whom she spoke of the negative stereotypes surrounding these special measures and how they can contribute to exclusion and hostility towards beneficiaries in universities and public sector organizations. She did not, however, get a clear sense of the policies in place to effectively address such stereotypes or to build and maintain strong societal support for affirmative action. The Special Rapporteur also notes with concern some resistance to affirmative action that she observed among state officials in Santa Catarina. H. Systemic racial discrimination in law enforcement and the criminal justice system 42. The Special Rapporteur received shocking reports of the endemic use of excessive and lethal use of force by Brazilian law enforcement officials, particularly against people of African descent. Such violence includes frequent incidents of highly militarized police raids carried out in favelas by law enforcement officials from multiple State security entities, including the military, the civilian police and the federal highway police. These raids, ostensibly aimed at curtailing the activities of drug cartels, often deploy highly militarized policing techniques involving heavy and indiscriminate machine gunfire in densely populated civilian areas. This frequently results in the death and injury of residents, who are predominantly Afro-Brazilian civilians, including pregnant women and children. Law enforcement officials have also been accused of other very serious forms of violence, including sexual violence and assault, against people of African descent during raids in favelas. The secondary human rights violations resulting from these raids are also significant, as they disrupt education, health and other essential services that are in the vicinity of favelas and cause damage to people’s property. 43. The excessive and lethal use of force is not limited to raids in favelas. The Special Rapporteur received reports about endemic racial profiling of Quilombola people and people of African descent and about how frequent stops made on the basis of non-objective, discriminatory criteria can lead to escalation of the situation, resulting in the use of excessive and lethal force. The Special Rapporteur also received disturbing reports of violence 15 GE.25-06011 A/79/316, para. 59. 11

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