A/HRC/59/62/Add.1
welcomes the fact that the Ministry of Racial Equality includes a secretariat dedicated to
affirmative action and that it was successful in ensuring the renewal of the university quota
system by the National Congress, in 2023.
40.
Notwithstanding the foregoing, the Special Rapporteur stresses that the affirmative
action programme would benefit from further strengthening and expansion. She notes with
concern reports that the programme does not apply to all higher education and public
institutions and does not include all marginalized racial and ethnic groups. Roma persons are
not able to gain access to affirmative action programmes despite experiencing systemic racial
discrimination and inequality. This non-inclusion of the Roma community in the
marginalized racial or ethnic group category has resulted in the underrepresentation of the
Roma community in higher education. The judiciary is also not included in formal affirmative
action programmes, reportedly resulting in very low representation of those from
marginalized racial and ethnic groups in judicial positions. In addition, the programme does
not take intersectional discrimination into account and its effective implementation
reportedly differs significantly between states, creating inequitable access. For example, the
Special Rapporteur noted with concern reports of the non-implementation of the affirmative
action programme in Santa Catarina.
41.
Affirmative action and its beneficiaries can be subjected to racialized misconceptions
and stereotypes within society. Affirmative action does not always comprehensively address
the systemic barriers that those from marginalized racial and ethnic groups face in gaining
access to education and decent work opportunities. Special measures work most effectively
when they are complemented by a suite of other anti-racial discrimination and equality
measures.15 In this respect, the Special Rapporteur welcomes the fact that the Government
provides scholarships to beneficiaries of affirmative action in higher education. However,
she notes reports that the support available does not fully meet the needs of students. She
notes the recognition among many officials with whom she spoke of the negative stereotypes
surrounding these special measures and how they can contribute to exclusion and hostility
towards beneficiaries in universities and public sector organizations. She did not, however,
get a clear sense of the policies in place to effectively address such stereotypes or to build
and maintain strong societal support for affirmative action. The Special Rapporteur also notes
with concern some resistance to affirmative action that she observed among state officials in
Santa Catarina.
H.
Systemic racial discrimination in law enforcement and the criminal
justice system
42.
The Special Rapporteur received shocking reports of the endemic use of excessive
and lethal use of force by Brazilian law enforcement officials, particularly against people of
African descent. Such violence includes frequent incidents of highly militarized police raids
carried out in favelas by law enforcement officials from multiple State security entities,
including the military, the civilian police and the federal highway police. These raids,
ostensibly aimed at curtailing the activities of drug cartels, often deploy highly militarized
policing techniques involving heavy and indiscriminate machine gunfire in densely
populated civilian areas. This frequently results in the death and injury of residents, who are
predominantly Afro-Brazilian civilians, including pregnant women and children. Law
enforcement officials have also been accused of other very serious forms of violence,
including sexual violence and assault, against people of African descent during raids in
favelas. The secondary human rights violations resulting from these raids are also significant,
as they disrupt education, health and other essential services that are in the vicinity of favelas
and cause damage to people’s property.
43.
The excessive and lethal use of force is not limited to raids in favelas. The Special
Rapporteur received reports about endemic racial profiling of Quilombola people and people
of African descent and about how frequent stops made on the basis of non-objective,
discriminatory criteria can lead to escalation of the situation, resulting in the use of excessive
and lethal force. The Special Rapporteur also received disturbing reports of violence
15
GE.25-06011
A/79/316, para. 59.
11