A/HRC/31/56/Add.1
27.
At the federal level, Brazil has also adopted a series of dedicated laws on racial
inequality. Law 7716 of 1989, as modified by Law 9459 of 1997, prohibits racism and
discrimination based on ethnicity, religion or nationality, and criminalizes racial
discrimination and discrimination based on ethnicity, skin colour, religion and nationality.
The Statute on Racial Equality (Law 12288 of 2010) also prohibits racism and
discrimination as well as guaranteeing the rights to non-discrimination and racial equality
in other fields including health, culture, housing, work, education and freedom of belief and
conscience. Several states have passed their own racial equality legislation. For example,
the State of Bahia has adopted a statute on fighting racism and religious intolerance (Law
13.182 of 2014).
28.
Law 10369 of 2003 amended the General Education Law and makes the teaching of
the history and culture of Africa and Afro-Brazilians at the basic and secondary levels
obligatory. Under Article 33 of the Law of Guidelines and Bases of Education, religious
teaching is optional and schools must respect the religious diversity of Brazil and not allow
proselytism.
29.
Decree 6040 of 2007 recognizes the existence of distinct traditional peoples and
communities, and establishes that their rights must be guaranteed and respected. The
Decree also established the National Policy for the Sustainable Development of Traditional
Peoples and Communities, whose main objective is to promote the sustainable development
of traditional peoples and communities, with emphasis on the recognition, strengthening
and guarantee of their territorial, social, environmental, economic and cultural rights, with
respect and appreciation of their identity, their organization and their institutions.
30.
A specific legislative framework has been established for Quilombo communities.
The 1988 constitution, through its articles 215 and 216, provides that Quilombo lands are to
be considered Afro-Brazilian Cultural Territory and should be protected as a national public
asset. In addition, article 68 of the Temporary Constitutional Provisions Act, enabling
decree 4887 of 2003, provides for further legal recognition of the rights of Quilombo
communities to the demarcation of their lands and territories.
31.
While general prohibitions against discrimination remain relevant for Roma
communities, to date there has been no other legislation concerning discrimination against
Roma specifically. However, there is a Roma Bill currently pending before the Senate,
which, if adopted, will provide important legal recognition of the rights of Brazilian Roma
as a minority group. The Ministry of Education has also developed curriculum guidelines
for travelling populations, which may be relevant for Roma who travel (resolution
CNE/CED No. 3 of 2012). Administrative instruction No. 940 of 2011 of the Ministry of
Health, which regulates the system of national health cards, is also pertinent for Roma, as it
affirms that it is not necessary to have a permanent address, thereby ensuring that nomadic
Roma communities are not excluded from the system. Finally, Presidential Decree of 25
May 2006 established the National Day of Brazilian Cigano, an important symbolic step
recognizing Roma as an integral part of Brazilian society.
C.
Institutional framework
32.
There are some positive institutional initiatives at the federal and state levels that
advance the rights of minority communities. Of particular note is the establishment of
federal secretariats with the same status as ministries on issues relevant to minority rights,
including the Secretariat for Policies for the Promotion of Racial Equality, the Special
Secretariat for Human Rights and the Secretariat for Policies Involving Women’s Rights. In
October 2015, these secretariats were merged into one, larger, Ministry of Women, Racial
Equality and Human Rights.
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