A/52/471
English
Page 18
"5. Concerning the dissemination of the International Convention on the
Elimination of All Forms of Racial Discrimination, it is worth mentioning
the publication of the tenth periodic report to the Committee on the
Elimination of Racial Discrimination. This joint initiative by the
Ministries of External Relations and Justice made possible the
dissemination of knowledge about the rights guaranteed in that juridical
instrument and contributed to raising awareness about the international
obligations of Brazil in the matter. The dissemination of the Convention
was helped through seminars held in different regions of Brazil, with the
participation of diplomats and officials of the Ministry of Justice.
"6. As far as legislation is concerned, it must be noted that the National
Congress has approved and the President has sanctioned a law which foresees
a penalty of one to three years' imprisonment for those who commit a crime
of racism by uttering insults of a racial nature or discriminating on
grounds of race, ethnicity, colour, religion or nationality. The principal
innovation introduced by this law is to characterize as a crime of racism
insults or prejudice in labour or personal relations, thus widening the
scope of the previous law on the subject which foresaw sanctions only for
cases of racism involving the media and restrictions of access to public
places on grounds of race.
"7. It should be mentioned also that Law No. 9.455 of 7 April 1997,
defining the crime of torture, contains specific reference to the racial
question, which demonstrates how the subject has been definitively
incorporated in the national agenda. The reference is: 'Art 1 - The crime
of torture is characterized when:
A person constrains another using violence or grave threat, with the
infliction of physical or mental pain:
(...) c) for reason of racial or religious discrimination'."
42. The Special Rapporteur takes note of and commends the Brazilian Government
for these measures. He is, however, concerned about the potential drawbacks of
including a mention of race on school and birth certificates, as well as other
documents, however laudable the original intent (affirmative action). The
Special Rapporteur also continues to be concerned about the fate of indigenous
peoples, with whom he had a number of working meetings during his mission to
Brazil. He hopes to continue the dialogue with the Government on this matter
and looks forward to receiving, at the earliest juncture, information about
measures taken or envisaged in favour of these peoples.
E.
Australia
43. As mentioned above (para. 11), the Special Rapporteur wrote to the
Australian Government on two occasions to solicit a response to allegations
contained in two communications which he had received in 1996. Since no reply
was forthcoming, the Special Rapporteur requested and received permission from
the Government of Australia to undertake a mission to that country in the near
future. The Special Rapporteur expresses his appreciation to the Australian
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