The Human Rights Committee this morning concluded its consideration of the third periodic report of Brazil on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the creation of the Mandela project, and raising issues concerning persistent police violence and hate speech.
A Committee Expert said that the Mandela project to address human rights violations in prisons was commendable.
Another Expert said excessive and sometimes lethal police violence had been unacceptably high for more than a decade and the victims were disproportionately young Afro-Brazilian men from poor communities. Could the delegation provide information on measures taken to reduce the death rate from police operations, such as body cameras, which dramatically reduced the death rate by 76 percent in Sao Paulo following their implementation in 2022?
Another Expert said hate speech in the country was concerning. Could the delegation provide specific examples of laws, cases, and justice? How would hate speech from political officials be addressed?
Rita Cristiana De Oliveira, Executive Secretary of the Ministry of Human Rights and Citizenship, and head of the delegation, introducing the report, said Brazil was in the midst of a total reconstruction of its human rights policies, following their active dismantling in recent years, during a dark period in the country's history. For Brazil, the right to life bolstered its rights policies, but specifically the right to conditions which guaranteed a dignified existence. Therefore, the Government recognized the need to empower populations who had experienced historical discrimination, including black, indigenous, homeless people, quilombos and the lesbian, gay, bisexual, transgender and intersex community.
To that end, the country established several working groups which would generate new policies addressing the root causes of discrimination for black youth and political violence against women. A council for the rights of lesbian, gay, bisexual, transgender and intersex people was created, and the new Ministry of Indigenous Peoples would aid in undoing the harm of illegal mining and logging in previous years.
In the ensuing discussion, the delegation, in response to Experts' questions concerning police violence, said a system for registered deaths caused by police, and an increased use of body cameras, were other proposed measures to combat institutional violence. The success of body cameras in Sao Paulo had influenced this. Following the pandemic, there was a prohibition of police operations in the favela and investigations were started to monitor police violence. Though body cameras were not obligatory, there had been a decrease in killings by police in 2022.
The delegation said there was no single legal definition of hate speech accepted within the country and internationally, which was a problem. However, hate speech could be prosecuted under different legislation concerning insults. The federal court recognised that freedom of speech did not cover antisemitic speech. Another law targeted insults in public settings, but the piecemeal way hate speech was addressed legally, made it difficult to provide statistics. Hate speech and discrimination undermined democracy and the government was working hard to fine tune the legal framework, to address this.
In concluding remarks, Ms. De Oliveira thanked the Committee for the opportunity to discuss the state of human rights in Brazil and demonstrate the country's return to its former path on human rights. The country welcomed the participation of civil society and expressed openness to collaborate in the creation of public policy and its application in the future.
Tania María Abdo Rocholl, Committee Chairperson, thanked the delegation for its participation in the constructive and open dialogue and underscored the importance of Ms. De Oliviera's ministry, as well as civil society participation. Brazil's commitment was demonstrably genuine.
The delegation of Brazil was made up of representatives of the Ministry of Foreign Affairs; the Ministry of Justice and Public Security; the Ministry of Human Rights and Citizenship; the Ministry of Indigenous Peoples; the Ministry of Health; the Ministry for racial Equality; and the Permanent Mission of Brazil to the United Nations Office at Geneva.
The Human Rights Committee's one hundred and thirty-eighth session is being held from 26 June to 26 July. All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Meeting summary releases can be found here. The webcast of the Committee's public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m., Tuesday 27 June to begin its consideration of the second periodic report of Uganda (CCPR/C/UGA/2).
Report
The Committee has before it the third periodic report of Brazil (CCPR/C/BRA/3).
Presentation of the Report
RITA CRISTIANA DE OLIVEIRA, Executive Secretary of the Ministry of Human Rights and Citizenship, and head of the delegation, said that Brazil was in the midst of a total reconstruction of its human rights policies, following their active dismantling in recent years, during a dark period in the country's history. She noted that the report had been submitted under the previous government. For Brazil, the right to life bolstered its rights policies, but specifically the right to conditions which guaranteed a dignified existence. Therefore, the Government recognized the need to empower populations who had experienced historical discrimination, including black, indigenous, homeless people, quilombos and the lesbian, gay, bisexual, transgender and intersex community. President Lula had instituted the "Nova Bolsa Familia" income transfer program, serving over 54 million Brazilians who were in majority black people and woman-headed households. An interministerial working group was created, to oversee implementation of the Living Black Youth plan, which aimed to address violence, social vulnerability and confront institutional racism. Another interministerial working group was established to prepare the National Policy to Combat Political Violence against Women.
Brazil had withdrawn from the Geneva Consensus, as its objectives contradicted the country's position on realising sexual and reproductive rights for the lesbian, gay, bisexual, transgender and intersex community. Further work on equality for this community included the establishment of a dedicated Deputy Minister, as well as a National Council for the rights of lesbian, gay, bisexual, transgender and intersex people. Additionally, this Pride Month, the Government adopted a simplified procedure for the recognition of asylum status, for those forced to flee their country of origin because of their sexual orientation or gender identity. Human rights defenders and environmentalists would be protected by a new legal framework, and in May this year, the Government sent the Escazu Agreement to be ratified by the Brazilian State.
The country was committed to combatting hate speech. The attack on Brazilian democracy on January 8th 2023, clearly highlighted the effects of the incitement to hatred and political violence encouraged in recent years. Another working group had been established to combat this. The Ministry of Human Rights and Citizenship, in partnership with the Ministry of Justice and Public Security, was building the "Mandela Project" based on the "Mandela Rules" to address human rights violations in the country's prison system. This project would consider the role racism played in naturalising violence against the black and poor populations of the country, as well as lingering effects of the 20-year military dictatorship. The struggle for truth, memory and justice remained a priority for the new government.
A "Housing First" programme would guarantee the right to housing for Homeless persons. Great attention had been paid to the Brazilian Indigenous Peoples, who in recent years, had been victim to the negligence and illegal mining and logging at the hands of those formerly in government. The creation of the Ministry of Indigenous Peoples in January this year, headed by Indigenous leaders, was a milestone for Brazil. The delegation expressed gratitude for the Experts' work as well as civil society groups, as their input was essential for creating further solutions for the country.
Questions by Committee Experts
A Committee Expert noted the significant change in the country following the election of President Lula. The dialogue was taking place during a positive time in Brazil's history and the Committee hoped that its concluding observations would help the country realise its goals. The State party noted developments in its legal framework, regarding the fight on corruption. As reportedly one of the most stringent legal frameworks worldwide, how was it implemented? Why had only a small number of cases been brought to trial and why were there more convictions than complaints lodged in localised in the Curitiba and Rio De Janeiro regions? The former governor of Rio De Janeiro had been convicted of fraud. Had his sentence been finalised and enforced?
How were the recommendations for the National Truth Commission implemented? Was their implementation aligned with the Covenant?
Dom Philips and Bruno Pereira were killed in the Javari Valley. What was the status of the investigations into these deaths? Would the State party implement the Committee's previous recommendations fully? How was the International Covenant on Civil and Political Rights ranked within Brazilian Law? Were there plans to elevate its importance, so that it would be integrated into the country's legal framework?
According to the State party, the definition of terrorism in legal frameworks and in Bill 1595/2019 was in line with international standards. Which standards were being referred to? Reportedly, a goal of the bill was to create a special police unit dedicated to country terrorism. What oversight was envisioned for such a specialised unit? The Committee was concerned that the legislation could target social movements. How would the bill be revised in the future to ensure that political and civil rights were protected in the country?
Another Committee Expert noted with appreciation, the legal protections established by the State party on non-discrimination. Though it was indeed praise-worthy to address individual discriminations, did the State party have any plans to create an intersectional comprehensive framework? The establishment of the Council for Indigenous people was commendable, as were advancements in legislation protecting the lesbian, gay, bisexual, transgender and intersex community from discrimination, but reports of discrimination persisted. Could the delegation address this?
Hate speech in the country was concerning. Could the delegation provide specific examples of laws, cases, and justice? How would hate speech from political officials be addressed? Could the delegation provide updates on its Humaniza Redes programme and its outcomes? What new measures were in place to combat online hate speech? The measures taken during the State of Emergency during the COVID-19 pandemic did not align with the Convention. Could the delegation provide information on measures taken during the State of Emergency in Public Health, lasting from February 2020 to April 2022, and address the various allegations of derogations during the pandemic?
