CERD/C/64/CO/2 page 2 B. Positive aspects 4. The Committee welcomes the adoption, in 2002, of the National Affirmative Action Programme, as an important mechanism to implement the Durban Declaration and Programme of Action, as well as the second National Human Rights Programme. 5. The Committee commends the entry into force, in January 2003, of the new Civil Code, which is in line with the 1988 Constitution and eliminates discriminatory restrictions on the exercise of civil rights by indigenous peoples contained in the former 1916 Civil Code. 6. The Committee takes note of the enactment of Law No. 9459 of 13 May 1997, which modifies Law No. 7716 of 1989 by expanding its focus to include acts arising not only from discrimination based on race or colour, but also discrimination based on ethnicity, religion or nationality. 7. The Committee notes the establishment of specialized institutions to combat racial discrimination, demonstrating the commitment of the State party in this area, such as the National Council for Combating Discrimination established in 2001, which will become the National Council to Promote Racial Equality in 2004, and the Special Secretariat for the Promotion of Race and Equality (SEPPIR) established in 2003. 8. The Committee welcomes the fact that in 2002 the State party made the optional declaration provided for in article 14 of the Convention. 9. The Committee notes with satisfaction the entry into force in August 2003 of International Labour Organization Convention No. 169 concerning indigenous and tribal peoples in independent countries. 10. The Committee acknowledges with satisfaction the open standing invitation to all thematic rapporteurs of the Commission on Human Rights to visit Brazil. 11. The Committee also expresses satisfaction with the statement that non-governmental organizations were consulted in the preparation of the report. C. Concerns and recommendations 12. The Committee reiterates the concern expressed in its previous concluding observations (CERD/C/304/Add.11) about the persistence of deep structural inequalities affecting black and mestizo communities and indigenous peoples. The Committee recommends that the State party intensify its efforts to combat racial discrimination and eliminate structural inequalities, and provide information on the implementation of measures taken, in particular those provided by the second National Human Rights Programme and the National Affirmative Action Programme. 13. The Committee is concerned about de facto racial segregation faced by some black, mestizo and indigenous peoples in rural and urban areas, such as the commonly known “favelas”, and regrets that the State party has not provided sufficient information in this regard.