A/HRC/53/62
establishes severe penalties for practising, inducing or inciting discrimination or prejudice on
the basis of race, colour, ethnicity, religion or national origin. In addition, the legislation
reportedly establishes severe penalties for manufacturing, commercializing, distributing or
conveying symbols, emblems, ornaments, badges or propaganda that use the swastika cross
for the purposes of promoting Nazism. Furthermore, under Law No. 14532 of 11 January
2023, a judge must consider any attitude or treatment directed towards a person or group that
causes embarrassment, humiliation, shame, fear or undue exposure, and that would not
usually be directed towards other groups, as discriminatory when applying provisions
relating to racism.
14.
According to the information provided, the Inter-American Commission on Human
Rights has reported an increase in discriminatory hate speech in the public sphere and on
social networks, particularly with regard to women, lesbian, gay, bisexual, transgender and
intersex persons, persons of African descent in urban settings and members of social
movements struggling for land, housing and a safe environment. Following the observation
of the Commission, the Ministry of Human Rights reportedly set up a working group to
develop strategies and public policies to combat hate speech and extremism. Brazil reported
that discriminatory hate speech in the public sphere and on social networks had increased, in
particular in the political context.
15.
According to the information provided by Brazil, the Commission considered the
situation of Indigenous Peoples and communities, as a group subjected to discrimination
within Brazil, to be serious and worrying. It reportedly expressed concern that Indigenous
Peoples faced the threat of invasion of their territories by non-Indigenous individuals in
addition to major challenges with respect to the titling and protection of their lands.
16.
Brazil reported that the Commission had also identified a pattern of discrimination
against Afro-Brazilians, including numerous hurdles to accessing and exercising their rights,
particularly regarding their effective participation in democratic forums; access to the formal
job market and management positions in the corporate private sector; quality health care;
education; decent housing; and effective access to justice. The Commission had reportedly
further identified systemic violence practised by State agents, especially members of police
institutions and agents in justice systems rife with racial profiling designed to criminalize and
punish the Afrodescendent population.
17.
According to the submission, violence against women has reportedly increased. The
Commission reportedly reiterated that intersectional discrimination factors tended to
heighten the vulnerability of women and compound their victimization, including through
gender-based murders, with women of African descent suffering the cumulative impact of
gender-based exclusion, discrimination and violence. That vulnerability is exacerbated by
structural racial discrimination based on their ethnic or racial origin. Violence against the
lesbian, gay, bisexual, transgender and intersex community is reportedly also an issue of
concern.
Burundi
18.
According to the information provided, new trends in discrimination, intolerance,
violence, racism and xenophobia involving the participation of extremist movements and
groups, including neo-Nazis and skinheads, do not exist in Burundi.
19.
The Constitution of Burundi enshrines the equality of all citizens in rights and
obligations. Article 13 reportedly states that all Burundians are equal in merit and dignity,
that all citizens enjoy the same rights and are entitled to the same protection under the law
and that no Burundian shall be excluded from the social, economic or political life of the
nation on the basis of race, language, religion, sex or ethnic origin. Burundi reported that it
had integrated all international human rights instruments to which it was a signatory into its
national legislation. As a result, any acts of discrimination are criminalized by the
Constitution and Penal Code. In addition, the Government of Burundi has adopted antidiscriminatory measures to prohibit political parties that promote violence, exclusion and
hatred in all their forms, including those based on ethnicity, region, religion or gender. The
Constitution also reportedly provides for ethnic balance in the Government and Parliament.
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