A/HRC/31/56/Add.1
96.
Following the merger of the Secretariats for Policies for the Promotion of
Racial Equality, for Human Rights and for Policies involving Women’s Rights in
October 2015, the Special Rapporteur recommends that the merger does not lead to a
reduction in function, budget, level of decision-making authority or programming
capacity for these Secretariats. To the contrary, the new Ministry must be further
empowered to ensure that minority rights remain a priority, not only within the
Ministry, but throughout all levels of Government.
97.
Positive initiatives, such as those in Bahia by the Public Ombudsman and the
Nelson Mandela Centres should be fully resourced, and considered as good models for
other states to replicate.
98.
The Government of Brazil should also ensure that its national human rights
institution is compliant with the Principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles),
ensuring that it is both functionally and financially independent of government, and
vested with the authority to investigate all issues relating to human rights, including
those of minorities. This could be further enhanced by establishing a unit for minority
rights, and through including dedicated training on minority rights for authorities,
including for public officials, police forces, and judicial authorities.
99.
Brazil should take swift action to submit its overdue combined eighteenth to
twentieth periodic report to the Committee on the Elimination of Racial
Discrimination, which was due on 4 November 2008.
2.
The situation of Afro-Brazilians
100. The Government must better respond to the homicide crisis which is claiming a
large number of Afro-Brazilian lives. Proper investigation must be carried out
regarding cases of police violence, and all perpetrators must be brought to justice.
101. The Special Rapporteur noted an overall need for more and improved
investment in community-led spaces and services in marginalized Afro-Brazilian
neighbourhoods, as community-driven prevention mechanisms.
102. The Special Rapporteur would welcome the passage of Bill No. 4471 of 2012,
which abolishes “resistance or arrest followed by death” and similar mechanisms
(auto de resistência) as an important development to address the abuse of police power
and impunity. However, she observes that this must be accompanied by other
measures, including the restructuring of the police force, and in particular the
abolition of the military police and the strengthening of the independent police
ombudsman so that police can be held accountable.
103. Efforts must also be made to combat the criminalization of Afro-Brazilians,
including re-examining the “war on drugs”. The proposed constitutional amendment
to lower the age of criminal responsibility of children to 16 years of age instead of 18
should be rejected, as it will further negatively impact Afro-Brazilian youth and
contravenes the recommendations of the Committee on the Rights of the Child.
104. While affirmative action measures already taken are significant, concrete and
robust, measures must be taken to continue to address the underrepresentation of
Afro-Brazilians in political structures, State institutions and decision-making bodies
at all levels. In this connection, the Special Rapporteur draws attention to the
recommendations of the Forum on Minority Issues on minorities and effective
political participation (see A/HRC/13/25) and urges their appropriate implementation.
105. In order to strengthen affirmative action policies, further efforts should be
made to improve the quality and availability of education for minority youth, in
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