A/HRC/31/56/Add.1
84.
Concerns were raised that Afro-religions are not given equal protection as
religions,16 but rather considered as folklore or as a mere cultural manifestation. In this
regard, it was noted that Afro-religious titles are not officially recognized on formal
documents. Moreover, practitioners also expressed concern that many of their specific
religious practices and symbols are appropriated without consent, in a perceived attempt to
transform and dilute Afro-religious traditions and culture. In Bahia, certain Afro-religious
traditions have been reproduced as cultural artefacts for tourism, without the consent of the
communities.
85.
The Special Rapporteur is also concerned that community members report
widespread impunity surrounding attacks on their person, places of worship, or instances of
discrimination, including against children in schools. Lack of responsiveness to complaints
filed, or failure to investigate allegations, further contributes to a sense of marginalization
and discrimination on the part of the communities. Moreover, the lack of accountability and
trust in law-enforcement services has meant that followers of Afro-religions report feeling
unsafe in their neighbourhoods and cities. The Special Rapporteur notes the need for police
and judicial training in order to better ensure that the rights of Terreiros and their followers
are protected.
86.
The Special Rapporteur was pleased to learn that an interministerial working group
on religious bigotry is being established under the Ministry of Justice. However, to date, no
meeting has been convened. The Special Rapporteur notes that it is important that this body
addresses the allegations of violence against members of Afro-religions and places of
worship, and establishes tools to ensure that the perpetrators of such actions are held to
account. However, it is equally important that it addresses the indirect discrimination,
including through recognition and ensuring protection adequately and on an equal basis
with other religions.
87.
Finally, the Special Rapporteur observed that the increasing dominance of certain
religious groups and their concentration in power may have a serious negative impact on
the secularist nature of the Brazilian State. In this connection, the Rapporteur is concerned
by proposed constitutional amendment No. 99 (PEC 99), which would give religious
associations the capacity to challenge the constitutionality of laws and to propose
constitutional amendments.
IX. Conclusions and recommendations
A.
Conclusions
88.
Significant progress has been made on the policy and legislative level to combat
the structural racism which continues to dominate Brazilian society. Indeed, given
that many of these initiatives have been adopted only in the past decade, the Special
Rapporteur commends Brazil on the steps it has taken to face its 500-year legacy of
slavery, racism and injustice against minority groups, including Afro-Brazilians.
89.
However with regard to Afro-Brazilians, despite more than two decades of
targeted policies and actions designed to advance their rights, there has been a failure
to address the entrenched discrimination, exclusion, and poverty faced by these
communities, particularly those living in favelas, periferias, and Quilombos, as well as
16
18
Recently a Federal Court did consider that African-Brazilian religions should be afforded the
protection of freedom of religion, as they cannot be considered a true religion. (Ação Civil Pública,
Processo No. 0004747-33.2014.4).