E/CN.4/1998/79
page 33
124. 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.
125. 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.
126. 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'."
Special Rapporteur's observations
127. The Special Rapporteur takes note of and commends the Brazilian
Government for these measures. He is, however, concerned about the
potentially undesirable effects 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
128. As mentioned earlier (para. 15) the Special Rapporteur wrote to the
Australian Government on two occasions to elicit a response to allegations
contained in two communications which he had received in 1996 concerning
Aborigines and the “Hanson syndrome”. Having received the observations of the
Australian Government, the Special Rapporteur proposes to undertaken a mission