A/HRC/17/38/Add.1
stressed. The need to establish mechanisms at the Federal, State and municipal levels to
monitor and make recommendations for the effective implementation of these laws with the
participation of Afro-descendents and indigenous peoples was also highlighted as a
precondition for achieving the goals of these laws.
Legislation on racial equality and cultural rights
31.
Law 12.288 of 2010, known as the Statute on Racial Equality, aims to combat
prejudice on racial grounds and to remedy historical wrongs. It created the National System
for the Promotion of Racial Equality (SINAPIR) and promotes coordination among all
institutions working in this area. The Statute aims to protect freedom of religion and belief,
promote respect for cultural diversity through education, ensure access to land rights and
recognize the collective manifestations of Afro-descendents as historical and cultural
heritage, including, but not limited to, their clubs and associations, with a proven history.
The Statute further seeks to ensure the cultural rights of Quilombo communities, to
celebrate key dates related to Samba and other Brazilian cultural expressions of African
origin nationally, and to promote and protect Capoeira, a sport of Brazilian origin, as
intangible cultural heritage.
32.
The independent expert considers that the celebration of the International Year for
People of African Descent in 2011 will provide an impetus for redoubling efforts towards
the effective implementation of this new law in Brazil.
2.
National policy framework
The National Human Rights Policy
33.
The third edition of the National Human Rights Policy (NHRP-III), published in
2009, addresses the promotion of the right to culture, leisure and sport as formative
elements of citizenship contributing to the major goal of universalizing human rights in a
context of inequalities. Priority actions include (i) expanding cultural programmes for the
protection and promotion of Brazilian culture in accessible formats; (ii) developing cultural
programmes and actions sensitive to the needs of specific ages and social groups in
accessible formats; (iii) mapping all languages spoken in Brazil; (iv) expanding and
decentralizing “cultural points” to ensure equal geographic coverage and equal access for
low-income populations; (v) expanding the development of audiovisual productions, music
and crafts of indigenous peoples; (vi) ensuring the right of persons with disabilities and
mental illness to participate in cultural life on an equal footing with others and developing
and utilizing their creative, artistic and intellectual potential.
The National Plan on Culture
34.
As prescribed by the Federal Constitution (article 215.3), the National Plan on
Culture (NPC) is the main long-term policy framework that guides affirmative action by the
State in the protection and promotion of cultural diversity in Brazil. The NPC was adopted
in December 2010, after seven years of wide consultations involving a variety of
stakeholders, to set priorities in light of desired outcomes and the specific needs of the
Brazilian context.
35.
The primary goal of the NPC is to promote universal access to the production and
consumption of cultural goods and services in Brazil. It seeks to ensure access by all to
culture with a view to increasing reading habits within the population, and access to, as well
as use of, theatres, museums and cinemas at all levels of society and in all regions. It also
aims to ensure the documentation, promotion and protection of cultural diversity, including
the cultures of indigenous peoples and Afro-Brazilians, and to strengthen the capacity of
the State in the planning and execution of cultural policies.
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