A/HRC/59/62/Add.1
government in affected states, such as Santa Catarina. She welcomes the establishment by
the National Human Rights Council of a Special Rapporteur for Combating the Growth of
Neo-Nazi Cells in Brazil but urges further action.
L.
Access to justice and remedy for victims and survivors of racial
discrimination
59.
The Special Rapporteur received concerning reports about the low number of
investigations, prosecutions and convictions regarding racial discrimination and racist
crimes. This can contribute to impunity and sends a disturbing message that racism and racial
discrimination are acceptable, thus perpetuating systemic oppression.
60.
The Special Rapporteur welcomes the fact that the “Dial 100” (Disque 100) hotline
for reporting human rights violations is in place and that the Ministry of Racial Equality is
taking steps to improve the reporting and referral of racist incidents, including those that
might constitute crimes. While such steps are welcome, the Special Rapporteur also received
concerning information about barriers to access to justice and remedy once incidents of
racism and racial discrimination have been reported and referred to the justice system. These
include long delays in proceedings, difficulties in accessing legal aid and hostility in the
justice system towards those from marginalized racial and ethnic groups.
61.
One way that the justice system can build trust with those from marginalized racial
and ethnic groups is through adequate racial representation. As such, the Special Rapporteur
is concerned about information she received about the lack of representation of those from
marginalized racial and ethnic groups in the judicial system. She welcomes the National
Justice Council programme on racial equality for the Brazilian justice system, which includes
measures to improve racial representation, and encourages its effective and timely
implementation.
V. Conclusions and recommendations
A.
Conclusions
62.
It was very evident to the Special Rapporteur that people of African descent,
Indigenous Peoples, Quilombola communities, Roma people and persons from other
marginalized racial and ethnic groups, including those who face intersectional
discrimination on the basis of disability, gender, lesbian, gay, bisexual, transgender or
intersex status, or migrant or refugee status, continue to experience multifaceted,
deeply interconnected and pervasive manifestations of systemic racism.
63.
Endemic structural violence and exclusion – which dehumanize persons from
marginalized racial and ethnic groups, cause often irreparable harm and render people
invisible within society – were consistently reported to the Special Rapporteur as being
integral characteristics of systemic racism. Neither racial identity nor racial
discrimination are monolithic in Brazil. It is clear that there is heterogeneity among the
different racial and ethnic groups. There also appear to be differences in the lived
experiences of those living in rural and urban areas. While such differences are
significant and should be reflected in anti-racism measures, the systematized nature of
racial discrimination and pervasive racialized violence and exclusion appear to be
common characteristics of the lived experiences of those from diverse marginalized
racial and ethnic groups.
64.
There is a direct link between these contemporary manifestations of systemic
racism and the complex history of Brazil, which includes Portuguese colonialism,
previously legalized enslavement and military dictatorships. Systemic racism appears
to have endured since the formation of the State of Brazil, despite courageous and
sustained advocacy among anti-racism human rights defenders.
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