A/HRC/59/62/Add.1
65.
The Special Rapporteur welcomes the fact that the Government of Brazil has
recognized that racism is a systemic phenomenon and has institutionalized efforts to
prevent and address racial discrimination. Nevertheless, dismantling systemic racism
in Brazil demands more urgency, and policies and laws need to more effectively reach
the most marginalized. The current pace of change does not appear to fully match the
severity of the situation. There are significant gaps in the implementation and reach of
laws and policies and progress on key racial justice issues is too slow. Those from
marginalized racial and ethnic groups in Brazil have already waited far too long for
racial justice and equality. Given the persistent and endemic levels of violence, the very
existence of marginalized lives depends on bolder and more urgent action being taken.
66.
Anti-racial discrimination efforts need to recognize, address and remedy the root
causes, historical drivers and underlying power structures of contemporary systemic
racism through a reparatory justice approach. To achieve the effective implementation
of a reparatory justice approach, Brazil should dedicate significant additional resources
to anti-racial discrimination efforts to address the historical underinvestment in
marginalized racial and ethnic groups, provide reparations for historical harms and
accelerate the pace of change towards substantive racial equality.
B.
Recommendations
67.
The Special Rapporteur lists below several categories of recommendations.
Unless otherwise specified, all recommendations are for the Government of Brazil.
1.
Cross-cutting considerations
(a)
Invest significant resources at the federal and state levels to develop a
comprehensive reparatory justice approach, which includes reparations for
enslavement, colonialism and sustained systemic racism, in full and meaningful
consultation with affected individuals and communities;
(b)
Ensure that all parts of the State, including the legislature, comply with
their obligations under international human rights law to prevent and address all forms
of racial discrimination and uphold the foundational principle of non-retrogression in
the realization of human rights;
(c)
Establish a national human rights institution consistent with the Paris
Principles with a mandate and the capacity to monitor the effectiveness of efforts to
address racial discrimination, receive and investigate complaints of all forms of racial
discrimination and coordinate efforts to achieve racial equality and justice;
(d)
Ensure that all efforts to address racial discrimination take intersectional
forms of discrimination into consideration;
(e)
Ensure the full implementation of relevant international racial justice
standards, including the International Convention on the Elimination of All Forms of
Racial Discrimination, including the most recent recommendations of the Committee
on the Elimination of Racial Discrimination, 18 and the Durban Declaration and
Programme of Action;
(f)
Strengthen efforts to collect and coordinate the collection of data, fully
disaggregated by race and ethnicity, across all areas of government activity in order to
monitor the situation of marginalized racial and ethnic individuals and groups,
including those experiencing intersectional forms of discrimination, and better target
laws, policies and programmes;
(g)
Ensure that data is collected about Roma people, such as by including such
individuals in the next national census;
18
16
See CERD/C/BRA/CO/18-20.
GE.25-06011