A/HRC/31/56/Add.1
education to be constitutional. Quotas are now established by individual universities on the
basis of State Law and demographics.3
45.
There are also specific government-led affirmative action initiatives to increase the
representation of Afro-Brazilians. Law 12990 of 2014 established an affirmative action
programme for federal civil servant positions countrywide, reserving 20 per cent of these
positions for Brazilian negros (blacks) and pardos (mixed race). This also applies to public
companies controlled by the federal government. It is notable that some Brazilian states,
such as Mato Grosso, Paraná, Rio de Janeiro, and Rio Grande do Sul, and cities including
São Paulo, have enacted similar affirmative action policies for their civil servants.
46.
The quota system, however, has some shortcomings. It does not apply to the
legislative and judicial branches and also excludes “positions of trust”, which are often the
decision-making posts. Thus, in the judiciary, only 15.7 per cent of judges are AfroBrazilians and Afro-Brazilians hold fewer than 10 per cent of posts in higher courts. 4 There
are currently no Afro-Brazilians judges on the Supreme Court. In Bahia, where 76.3 per
cent of the population identify as Afro-Brazilian, of 470 prosecutors in 2013, only 9 were
Afro-Brazilian.10
47.
The Special Rapporteur also observes that federal parliamentary quotas have been
rejected. This has translated to low levels of Afro-Brazilian political representation. At the
time of the visit, self-identified Afro-Brazilian descendants occupied only 8.5 per cent of
the seats in the Câmara (House). The 81-seat Senate had only one Afro-Brazilian member.
There is presently only one Afro-Brazilian minister.
48.
It should also be noted that, although quotas are not applicable to the private sector,
the Secretariat for Policies for the Promotion of Racial Equality has been working on a
voluntary programme with specific companies, and publicly recognizes good practices in
this regard.
V. Principal human rights concerns facing Afro-Brazilian
communities
49.
Brazil undoubtedly has, at both the federal and state levels, numerous laws, policies
and programmes aimed at addressing the situation of Afro-Brazilians. Nevertheless, sharp
inequalities remain for Afro-Brazilians across the full spectrum of human rights. While it is
beyond the scope of the present report to analyse all the human rights concerns facing AfroBrazilians, the Special Rapporteur highlights some of the principal violations she observed.
A.
Violence
50.
The Special Rapporteur was shocked to learn about the levels of violence in Brazil.
Regrettably this violence has a clear racial dimension. Of the 56,000 homicides that occur
each year, 30,000 victims are between 15 and 29 years old, of which 77 per cent are AfroBrazilian male youth.5 What is disconcerting is that a significant number are perpetrated by
the State, often through the apparatus of the military police. Research reveals that the
number of Afro-Brazilians who have died as the result of police actions in the state of São
Paulo is three times greater than that registered for the white population. In Rio de Janeiro,
3
4
5
10
The Committee on the Elimination of Racial Equality has noted that such policies play an important
role in achieving the objective of eliminating racial discrimination (see general comment No. 32).
See www.cnj.jus.br/images/dpj/CensoJudiciario.final.pdf.
See https://anistia.org.br/campanhas/jovemnegrovivo/.