A/HRC/17/38/Add.1
reportedly suffers high rates of suicide and school drop-out, malnutrition, domestic and
other forms of violence and alcoholism, together with a lack of self-esteem and the
systematic loss of cultural identity.
72.
On the other hand, the independent expert observed and interacted with Guaraní
communities, which together with religious groups, the academia and the local government
have constituted a cultural point (Teko Arandu) in the Aldea Te'yikue in Caarapó, where
they teach in their own language and build the capacity of indigenous peoples as video
producers and journalists. They have rebuilt places for religious activities in close
proximity to schools so as to enable culturally appropriate transmission of cultural heritage,
teaching their belief systems to indigenous children and promoting their cultural
manifestations, including, sometimes, for tourism.
73.
Taking into consideration these contrasting trends, the independent expert
encourages indigenous peoples, in line with the recommendation made by the Special
Rapporteur on the rights of indigenous peoples, to endeavour to strengthen the capacities of
local communities to control and manage their own affairs and to participate effectively in
all decisions affecting them, in a spirit of cooperation and partnership with Governmental
authorities and the CSOs with which they choose to work (A/HRC/12/34/Add.2, paragraph
99). Further, a review of the dissimilar impact that programmes have on different
communities can provide the basis for tailoring interventions to the specific needs of
particular communities.
D.
1.
The right to profess and practice one’s own religion together with the
right to enjoy one’s own culture: the case of Afro-Brazilians
Freedom of religion in the Constitution and the law, and its implementation
74.
The Federal Constitution recognizes the inviolable character of the right to freedom
of thought, conscience, religion and belief. It seeks to protect places of worship, religious
celebrations and rituals, and the free exercise of religious beliefs. It recognizes that no one
shall be deprived of any rights because of religious beliefs or philosophical or political
convictions. (article 5, VI-VIII)
75.
The Federal Constitution (article 210.1) states that religious education shall be
offered as an optional course during normal school hours in public elementary schools. This
provision is further developed by Law 9.475 of 1997 (modifying law 9.394 of 1996), which
stresses that the implementation of the Constitutional provision should ensure respect for
the religious diversity of Brazil and proscribes any form of proselytism.
76.
The urgent need for the Federal State not to intervene in, and therefore not to
comment on, the content of religious teaching has been stressed by Brazil’s National
Council of Education, through Decision CNR/97/99.
The federated states and
municipalities have the prerogative both to define the contents of religious instruction and
to establish standards for the qualification and admission of teachers of religion. In most
instances, however, this is left to the discretion of teachers and principals, with detrimental
consequences particularly for religions of African origin. The dearth of governmental
guidance on this matter at the levels of the federated states and the municipalities has led
many stakeholders to advocate a constitutional amendment to article 210.1. A number of
stakeholders expressed concern at the absence of procedures to formally take up the issues
being confronted. Two existing mechanisms mentioned were DHESCA, a CSO platform
which has received complaints regarding racism in schools and, in the state of Bahia, the
municipal Secretariat of Reparation (SEMUR), which is part of the city administration
(prefeitura) of Salvador; but neither, it seems, is widely known or utilised.
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