E/CN.4/1996/72/Add.1
page 10
on the dignity of the human being. [...]" (art. 1); "The fundamental
objectives [of Brazil] are the following: I. To build a free, fair and
mutually supportive society; [...] III. To eradicate poverty and
marginalization and reduce social and regional inequalities; [...] IV. To
promote the well-being of all, without prejudice as to origin, race, sex,
colour, age or any other form of discrimination." (art. 3); "[Brazil] adheres
to the following principles in its international relations: [...] II. The
primacy of human rights; [...] VIII. Rejection of terrorism and racism [...]"
(art. 4). Article 5 of the Constitution stipulates: "The law shall punish
any discrimination that undermines fundamental rights and freedoms"
(para. XLI); "The practice of racism constitutes an offence for which no
statute of limitations shall be applicable and for which there shall be no
release on bail; it shall entail a prison term as stipulated by the law"
(para. XLII).
30.
"The expression ’Negro’, an official in the Department of Education
explains, is not negative; children are taught to see that Black people exist
and that that is the way things are. Other segments of Brazilian society are
referred to similarly, such as ’Germans’, ’Japanese’, or ’Italians’, of the
’German’ or ’Japanese’ community or colony. We say we are ’Brazilians’. The
term ’Negro’, for example, only becomes derogatory when it is accompanied by
an adjective, as in ’the wandering Negro’ or when Blacks are denied entry to
nightclubs or employment; it can even be used in an affectionate and tender
sense: ’mi negrigna’, my little Negress, when speaking of one’s lady-love."
31.
Thus there is neither racism nor racial discrimination in Brazil: it is
categorically prohibited by the Constitution. The discrimination is economic
and social, a product of history; it has become structural. It would
correspond to what is generally described today as exclusion. The
International Convention on the Elimination of All Forms of Racial
Discrimination (General Assembly resolution 2106 A (XX), annex), indicates
that "the term ’racial discrimination’ shall mean any distinction, exclusion,
restriction or preference based on race, colour, descent or national or
ethnic origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other
field of public life" (art. 1, para. 1). Societies today are experiencing the
phenomenon of exclusion, in Europe especially, but also in some countries of
Latin America.
32.
In Brazil, even though racial discrimination is prohibited by the
Constitution and represents an offence that is not subject to a statute of
limitations, even though it is denied as a racial phenomenon, it has to be
acknowledged that what is generally considered to be mere economic and social
discrimination is exclusion based on race, colour, descent or ethnic or
national origin, aimed at Indians, Blacks and people of mixed parentage. As
the eminent Brazilian professor and statesman, Cristovam Buarque, Governor of
Brasilia, said in his meeting with the Special Rapporteur, it is "apartançao
sociais" that conveys exclusion, i.e. the "social apartheid" experienced by
indigenous people, Afro-Brazilians, people of mixed parentage and poor Whites
in the North and the South. Many people with whom the Special Rapporteur
spoke feel that racism and racial discrimination exist on a frequent, even
daily, basis, but have become an ordinary feature of life.