BRAZIL

In the context of the UPR, Amnesty International makes the following recommendations to Brazil

Follow up to the previous review:
•    Ensure that the federal and state authorities work more effectively in producing data, statistics and regular human rights reports, to allow for the better creation and evaluation of policy and legislation;
•    Pass legislation to confirm the official status of the National Program for the Protection of Human Rights Defenders;
•    Take action to improve prison conditions, in line with the commitment it made during its previous review.

Crimes of the past:
•    Ensure that the Truth Commission is properly mandated, independent and resourced to guarantee that the victims of violations perpetrated by the 1964-1985 military regime have full access to justice as well as truth and reparations;
•    Fully implement the ruling of the Inter-American Court of Human Rights in the Julia Gomes Lund and Others case, especially in relation to law 6,883/79 (the Amnesty Law) to enable the prosecution of acts of torture and extra-judicial executions, and ensure that victims of human rights violations and their families have full access to justice.

The Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and its Optional Protocol:
•    Complete efforts to create national and state preventative mechanisms, with all states creating and implementing the necessary legislation for this process, and ensuring that all such mechanisms operate in accordance with the Paris Principles and are fully and independently funded so as to be effective;
•    Submit its second periodic report to the Committee against Torture, mindful that the initial report was submitted 11 years ago;
•    Agree to the publication of the report of the Subcommittee on the Prevention on Torture, following its visit to Brazil in September 2011.

Public security:
•    Pass legislation to bring the registration and investigation of all killings by the police in line with international human rights law and standards; to end the description of police killings as “acts of resistance” in national law; to ensure that all crime scenes are properly secured and that forensic teams are independent of the police; and to create a national register to ensure effective national oversight;
•    Investigate and prosecute criminality in the police service, and to pass pending legislation to allow for the federalization of investigations into the activities of milícias and death squads, and the classification of such groups as criminal;
•    Ensure the protection of those involved in denouncing, investigating and prosecuting police criminality, and to conduct thorough investigations into the killing and threats against those conducting such investigations.

Indigenous Peoples:
•    Ensure that Indigenous Peoples are able to defend their constitutional right to ancestral lands without suffering discrimination, deprivation, threats, attacks or killings;
•    Fully implement the requirements, set out in the 1988 Constitution, to demarcate and ratify Indigenous lands;
•    Establish mechanisms and procedures, in consultation with Indigenous Peoples and in line with international human rights standards, to guarantee their right to free, prior and informed consent before projects that may affect Indigenous rights are initiated;
•    Abide by promises made by Brazil on election to the UN Human Rights Council to comply with and strengthen the Inter-American Human Rights system.

Access to land and housing:

•    Address the plight of individuals and communities fighting for access to land and security of tenure in rural areas, and protect them from forced evictions, intimidation, threats and killings;
•    Fulfill obligations under the International Covenant on Economic, Social and Cultural Rights, municipal law and the Brazilian Constitution, including by giving residents full and timely information about government proposals affecting their community; engaging in a genuine negotiation with the community to explore all alternatives to eviction; and where necessary offering full compensation or alternative, adequate housing close to the existing community.

 

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Brazil: Amnesty International's submission to the UN Universal Periodic Review

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