A/HRC/59/62/Add.1
development goal on the elimination of racial discrimination, support for the International
Decade for People of African Descent and some efforts to implement the Durban Declaration
and Programme of Action.
IV. Key issues relating to the Special Rapporteur’s mandate and
relevant government initiatives
8.
While recognizing positive elements in the response of the Government of Brazil to
racism and racial discrimination, it was evident to the Special Rapporteur during her visit that
people of African descent, Indigenous Peoples, Quilombola communities, Roma persons and
those from other marginalized racial and ethnic groups in Brazil, including those who face
intersectional discrimination on the basis of disability, gender, lesbian, gay, bisexual,
transgender or intersex status and/or migrant or refugee status, continue to experience
multifaceted, deeply interconnected and pervasive manifestations of systemic racism. In the
present section, the Special Rapporteur outlines key areas where additional efforts are needed
to address contemporary manifestations of systemic racism and racial discrimination.
A.
Cross-cutting considerations
9.
The effectiveness of anti-racial discrimination measures needs to be continually
monitored and regularly evaluated to ensure that they are reaching all affected communities
and are contributing to the realization of substantive racial equality. Disaggregated data on
all racial and ethnic groups is therefore essential. The Special Rapporteur welcomes the
information that she received on the efforts being made to ensure the collection of
disaggregated data, including the Racial Equality Hub, the inclusion of Quilombola people
in the 2022 census, the National Observatory for Human Rights and the National Human
Rights Evidence Network. She is, however, concerned that gaps in the available
disaggregated data persist. These include a seeming lack of data on the situations of Roma
persons and on persons facing intersectional discrimination, and gaps in data on the situation
of Indigenous Peoples.
10.
Another cross-cutting concern is the continued lack of an independent national human
rights institution that is fully compliant with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles). The
Special Rapporteur welcomes the steps that have been taken to operationalize a national
human rights institution and stresses the importance of completing this process given the
essential role that such institutions play in the development, implementation and monitoring
of measures to combat racial discrimination.
11.
The Special Rapporteur highly commends Brazil on the setting up of the Ministry of
Racial Equality and welcomes information about the Ministry and its coordination of
anti-racial discrimination initiatives across government. She notes, however, the absence of
a national action plan for the eradication of racial discrimination, which would help to
consolidate and monitor the different measures being taken at the federal and state levels.
She also notes reports that, despite some recent increases, the overall budget allocated to
anti-racial discrimination initiatives remains limited.
12.
The Special Rapporteur notes with concern information about the potentially racially
disproportionate impact of efforts made in the National Congress to introduce legislation that
would contravene existing protections in national law and obligations under international
human rights law. These efforts include the passing by the National Congress of Law
No. 14.701/2023 on the demarcation of Indigenous land, and consideration of a number of
bills, including bill No. 1904/2024 by which penalties of up to 20 years of prison could be
imposed on those who seek an abortion on the permitted grounds beyond 22 weeks of
gestation, proposed constitutional amendment No. 164/2012 aimed at amending article 5 of
the Constitution to establish that the right to life must be guaranteed from conception and
proposed constitutional amendment No. 45/2023 criminalizing the possession of all illegal
drugs. In this regard, the Special Rapporteur reminds the State, including the legislature, of
its obligations under international human rights law to prevent and address all forms of racial
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