A/HRC/31/56/Add.1
IV. Minority rights: legal and institutional framework
A.
International legal framework
21.
Brazil has ratified the core United Nations human rights instruments and some of the
optional protocols thereto, which contain numerous legal obligations regarding the rights of
minorities. These include the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, and the International
Convention on the Elimination of All Forms of Racial Discrimination.
22.
Brazil has also ratified International Labour Organization (ILO) Indigenous and
Tribal Peoples Convention, 1989 (No. 169) which was implemented into domestic law
through Presidential Decree 5.051 of 2004. Notably, the lands protected under Convention
No. 169 include all lands used for traditional activities by traditional groups, and the
Convention is therefore applicable to all traditional communities. Convention No. 169
further provides that governments should: (a) consult the peoples concerned through
adequate procedures and in particular through their representative institutions, whenever
legislative and administrative measures are passed that could affect them directly (art. 6).
The Special Rapporteur notes with regret that, in June 2014, Congress representatives of the
agribusiness and industrial sectors tried to cancel Brazilian commitment to Convention No.
169.
23.
Brazil is also party to the Inter-American Convention on Human Rights and the
additional protocol thereto in the area of economic, social and cultural rights, both of which
have important implications for minorities. Brazil has also supported the establishment of
the Organization of American States Special Rapporteur on the Rights of Persons of
African Descent and against Racial discrimination, and signed the Inter-American
Conventions against Racism, Racial Discrimination and Related Forms of Intolerance (A68) and against All Forms of Discrimination and Intolerance (A-69). The Conventions,
which still require approval and ratification by Congress, require the establishment of a
committee for the prevention and elimination of racism, racial discrimination and all forms
of discrimination and intolerance, which will strengthen efforts to combat racism in Brazil
and the region.
24.
Importantly, constitutional amendment No. 45 of 2004 confers on human rights
treaties the status of constitutional amendments. Human rights treaties ratified prior to the
amendment are considered to be supralegal provisions and the constitution must be
interpreted in conformity therewith.
B.
National legal framework
25.
Brazil is a federal republic with 26 states, a federal district and 5,507 municipalities.
The states have powers to adopt their own constitutions and laws; their autonomy, however,
is limited by the federal constitution, which specifically protects human rights.
26.
It is set forth in article 3 of the constitution that the fundamental objectives thereof
include the reduction of social and regional inequalities and the promotion of the well-being
of all, “without prejudice as to origin, race, sex, colour, age and any other forms of
discrimination”. The fundamental right of equality before the law is established under
article 5, together with that of freedom of conscience and of belief and the protection of
places of worship (sect. VI); the prohibition of discrimination by reason of religious belief
(sect. VIII); the criminalization of acts of racism (sect. XLII) and the outlawing of
discrimination against fundamental rights and liberties (sect. XLI).
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