A/HRC/21/11
43.
Spain congratulated Brazil on its progress in the field of human rights. It noted that
Brazil was party to the main international and regional instruments, had ratified the Statute
of the International Criminal Court and had a standing invitation for all the special
procedures. It made recommendations.
44.
On the subject of human rights defenders, Ms. Nunes pointed out that Brazil
promotes a global policy for their protection, which encompasses measures to support the
work of defenders, to monitor risk and to provide police protection. As informed by the
Minister, the National Programme for the Protection of Human Rights Defenders, created
in 2004, is implemented by local governments and civil society. It has assisted 464 persons
and currently has 299 people under protection, including individuals from indigenous and
Quilombola communities. Brazil has two other protection programmes: the Programme for
the Protection of Victims and Witnesses and the Programme for the Protection of
Threatened Children and Adolescents. In 2011, the budget for these three programmes was
increased by 30 per cent.
45.
Regarding indigenous peoples, Ms. Nunes stated that the Federal Constitution
ensures their exclusive rights to their land. She also said that there are currently 660
indigenous lands in Brazil, which corresponds to 13 per cent of the total national territory,
or 1.1 million km2. In the last five years, 49 new lands have been demarcated. Paulo
Pankararu, Ombudsman of the National Indigenous Foundation, stated that, in 2010,
800,000 Brazilians declared themselves as indigenous (in 1970, there were around
200,000). Regarding land protection, 196 lawsuits were registered in 2011 to combat
invaders and prevent illegal occupation. He informed the Council that Brazil currently has
2,819 schools for indigenous people and there are 83,000 indigenous families that benefit
from the “Bolsa Família” Programme. Mr Pankararu also highlighted the creation of the
Special Secretariat of Indigenous Health in 2010.
46.
In response to questions concerning International Labour Organization (ILO)
Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, the
Deputy Secretary of Social Articulation in the President’s Office, Juliana Miranda, recalled
the policy of full social participation in Brazil, and that Brazil has initiated regulation of the
previous consultation process provided for in the Convention, with the participation of all
relevant stakeholders.
47.
The delegation recognized the need for improvement in the justice and prison
systems. The Director of the National Penitentiary Department, Dr Augusto Rossini,
highlighted the National Programme to Support the Prison System, launched in November
2011, with a 650 million dollar budget, in addition to federal State resources. He indicated
that this will lead to the creation of 62,000 additional prison places by 2014. The main
goals are to ensure that there be no space deficit in women’s prisons and that those
incarcerated in police stations be reallocated to appropriate facilities. Mr. Rossini also
mentioned the implementation of a National Programme for Health in Prisons, with special
attention to women’s health, and the efforts to enhance education in prisons, recalling that
there are currently 48,000 prison inmates studying in Brazil.
48.
In this context, Mr. Luciano Athayde Chaves, representative of the National Council
of Justice, spoke about the Collective Mobilization for Prison Reviews, based on three
pillars: improving the effectiveness of criminal justice, guaranteeing due process of law and
promoting social re-integration.
49.
At the end of this segment, Ms. Nunes stated that torture shall not be tolerated under
any circumstances in Brazil and that all efforts have been made to prosecute and punish this
practice. She added that national legislation determines that torture cannot be pardoned or
amnestied and that Brazil ratified the Optional Protocol to the Convention against Torture
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