A/HRC/25/69
World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance of 2001 was important for the country and civil society. The Government now
recognized that structural discrimination exists, rooted in its slavery in the past and also
linked to poverty and social exclusion. She added that most people of African descent
suffer exclusion and the Government was working to address this through the adoption of
laws and other public policies which were having a positive impact on people of African
descent. The previous year, the Supreme Court ruled that affirmative action policies
instituted by the Government are constitutional. These affirmative action policies have
proven successful, however the Government has challenged to convince a sceptical public.
She added that a Statute for Racial Equality had also been adopted in Brazil impacting
several spheres including cultures, health, and education.
5.
The Ambassador of Morocco expressed his support for the Chairperson-Rapporteur
and expressed appreciation to Ms. Gomes for her presentation which provided a
comprehensive snapshot of racism and xenophobia in the region of Latin America. He
added that her presentation gave a broader perspective of xenophobia and racism in the
world and pointed to the universality of these scourges that were not confined to a single
country or region. He congratulated Brazil for the progress it was making and noted that
there are other countries which deny the existence of these problems. He stated that if
current laws had not remedied the situation, then it was only logical to consider new laws.
He expressed disappointment at the disdain with which the Committee was treated adding
that there was no hierarchy to rights and that any and all violations of human rights must be
condemned. He emphasized that education and leadership were very important factors,
which included a role for political, religious and academic leaders. He stated that
discrimination based on religion of belief against followers of religions are amongst the
worst forms of discrimination as they attack the core beliefs of people, which could lead to
violence and terrorism. He noted that racism persisted as there were not strong laws to
criminalize such behaviour and there was no clear definition of xenophobia. International
human rights law had not been able to eradicate these problems; therefore further actions
should be undertaken to combat racism and xenophobia. He stated that history would not
judge kindly the Ad Hoc Committee if it was silent. Stating that the evolution of
international human rights law does not end with the ICERD and Durban related
documents, it was time for the Ad Hoc Committee to come together, take its responsibility
and fully implement its mandate to elaborate complementary standards to the ICERD.
6.
The delegate of Uruguay thanked Ms. Gomes for her presentation and reaffirmed
that racism and xenophobia are indeed everywhere. He noted that in the Latin American
region was still challenged by racism, often not acknowledging its existence. It was
important to be self-critical and recognize that people face discrimination. He stated that
Uruguay had only recently taken actions to recognize the existence of the phenomenon of
racial discrimination in the country. He stated that about 10% of the population of Uruguay
are people are African descent and they face social rather than structural discrimination. He
highlighted a recent campaign about the positive attributes of immigration which was
taking place in Uruguay. He queried how it was possible to distinguish xenophobia from
racial discrimination.
7.
Ms. Gomes emphasized that human rights instruments and mechanisms were
important, as that without them the situation would be far worse. With regard to
immigration, she noted that while new immigrants brought new issues to countries of the
region, xenophobia clearly had a colour and that colour more than nationality was the
factor. She reiterated the importance of raising the awareness of people about xenophobia,
racial discrimination and history and culture of different communities and groups,
especially since surveys in Brazil effectively showed that while there was racism, no one
would admit to being a racist. She noted that affirmative action policies had always existed
for others groups, such as farmers, however the reluctance seemed to have arisen with
respect to affirmative action for people of African descent. While the Government was
supportive of affirmative action programmes, much work remained to be carried out to
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