A/HRC/59/62/Add.1
National Council of Justice to address the sentencing that is driving mass incarceration and
to encourage the use of non-custodial alternatives.
49.
The Special Rapporteur notes information she received about some efforts to improve
detention conditions in Brazil. These efforts include work done by the Ministry of Justice
and Public Security to implement the 2019 judgment of the Supreme Court on the
unconstitutionality of detention conditions, and state-level programmes in Bahia to ensure
access to education and other programmes for incarcerated persons. However, she met with
individuals who described dehumanizing conditions of detention where persons deprived of
their liberty live in squalid and overcrowded conditions without access to basic necessities,
essential services, such as healthcare, and opportunities to access education, employment
experience or rehabilitation services. Those with whom the Special Rapporteur met
articulated the parallels between current detention conditions and historical patterns of
enslavement.
50.
In addition, dehumanizing detention conditions and a lack of social support services
when people are released from prison are reportedly only compounding their marginalization
and exclusion, leading, in some cases, to recidivism. The Special Rapporteur was also deeply
disturbed by testimonies about racial profiling and targeted violence by law enforcement
officials against individuals who have recently been released from prison.
I.
Religious intolerance and discrimination
51.
Systemic racism, oppression and violence in Brazil intersects with religious
intolerance and discrimination, including against those who practise African religions. The
Special Rapporteur is concerned by reports about the high – and growing – numbers of cases
of such religious intolerance and discrimination, often referred to in Brazil as “religious
racism”, against persons who practise Afro-Brazilian religions. These reports included
deeply harmful acts of everyday racism, such as taxi drivers shutting the door on persons
wearing clothes associated with Afro-Brazilian religions, restrictions on the wearing of such
clothes in workplaces and the bullying of children who practise Afro-Brazilian religions.
52.
Moreover, the Special Rapporteur received deeply concerning information about high
and increasing rates of attacks against terreiros – Afro-Brazilian religious and sacred sites
and hubs of community support and care – and seeming impunity for such violence. These
attacks, which often involve the desecration of religious sites and violence against individuals
practising Afro-Brazilian religions, are reportedly perpetrated by State actors or individuals
involved in drug trafficking. The Special Rapporteur perceives such violence to be acts of
misogyny and racism given that many terreiros are led by women of African descent. She is
also concerned at reports that women who practise Afro-Brazilian religions face losing
custody of their children on the basis of their religious affiliation. The Special Rapporteur is
also concerned by reports that public events organized by practitioners of Afro-Brazilian
religions have been threatened or attacked by members of neo-Pentecostal groups. She notes
that the Government and both federal and state officials recognized the growing issue of
religious racism and welcomes the fact that the Ministry of Racial Equality is taking steps to
develop a programme to address this deeply concerning phenomenon.
53.
The Special Rapporteur was also concerned by reports she received during her visit
of incidents of Islamophobia targeting Brazilian Muslims and migrants, including refugees
and asylum-seekers, particularly in Santa Catarina. These incidents include public abuse,
violence and intimidation, with women at particular risk, especially women who wear the
hijab. Some individuals with whom the Special Rapporteur met reported an increase in
Islamophobia since the escalation of violence in Israel and the Occupied Palestinian
Territory, since 7 October 2023. The Special Rapporteur notes with concern a lack of
information from state and federal officials about the steps being taken to address
Islamophobia.
GE.25-06011
13