SAO PAULO (11 April 2022) – A UN expert today expressed concerns about restrictions on Brazilians’ rights to full and active social and political participation, and the appalling levels of violence directed against human rights defenders, women journalists, indigenous peoples and traditional communities in particular of African-descent.
Speaking at the end of a 12-day official visit to Brazil, the Special Rapporteur on the rights to peaceful assembly and of association, Clément Nyaletsossi Voule, urged the State to create and maintain a safe and enabling environment that is conducive to the exercise of the rights to peaceful assembly and association.
“I welcome the openness and cooperation of Federal and State authorities with the UN human rights mechanisms.” “I applaud the setting up of the Parliamentary Observatory on UPR in the Commission on Human Rights and Minorities of the House of Representatives, in partnership with the United Nations office in Brazil,” Voule said.
The Brazilian Constitution protects these two rights for everyone living in the territory without discrimination based on their colour, religion, sexual orientation, social status or origin of birth. “I am concerned that in recent years there have been emerging trends limiting the enjoyment of these rights in all areas,” the expert said.
“I deplore policies restricting social and political participation, limiting spaces for consultation concerning public policies and decision making,” he told reporters, condemning the closure of 650 councils.
Voule said he was also concerned about the frequent excessive use of force by law enforcement officials and human rights violations during protests. “I am concerned that there is neither a clear unified protocol for the use of force during protests nor an effective and independent mechanism for the oversight of law enforcement agents’ conduct” he said.
The UN expert said political violence against social leaders, candidates and politically elected leaders, in particular Afro-descendant and trans women posed a serious threat to political participation and democracy.
With the general elections scheduled for October 2022, he said the State must ensure that all electoral processes are non-discriminatory, free of misinformation, fake news and hate speech.” I urge the State to protect candidates from any threats or attacks online and offline,” he said.
During his visit, Voule travelled to Brasilia, Rio de Janeiro, Salvador and Sao Paulo.
“I am impressed by the robust, active and diverse civil society in Brazil that has played a critical role in the fight for social justice, to preserve democracy and the rule of law, and, more recently, to fight COVID-19,” he said. “On the other hand, I am appalled by levels of violence against human rights defenders, traditional communities, including Quilombolas and indigenous peoples as well as community leaders in the favelas, motivated by structural factors such as racism.” Violence and discrimination against those who practice religions of African origin is also a concern.
“I met collectives of mothers who want justice and accountability for the loss of their children. They are not asking for anything that is not already stated in Brazilian legislation yet live under threats and in constant fear of violence,” he said.
“Human rights defenders face a violent environment marked by stigmatisation, threats, harassment, physical attacks and killings”, Voule said. Indigenous, land and environmental defenders face severe risks and such communities and defenders are frequently and systematically targeted.
The Government should take measures so that traditional communities are free from the fear of persecution and enjoy the right to gather and organise themselves freely to build up autonomous decision-making processes.
Voule said he was deeply concerned that those who ordered the execution of Marielle Franco, the Afro-Brazilian human rights defender and city councillor in 2018, have still not been identified. The UN expert said the State must investigate her execution effectively, promptly, thoroughly and impartially, and take action against those responsible in accordance with domestic and international law.
The UN expert said there were about 20 bills before the National Congress, in particular Bill 1595/19, Bill 272/16 and Bill 732/2022, that, if adopted, would effectively criminalize social movements’ activities under the guise of national security and the fight against terrorism. He called on the government to amend the draft laws in line with international standards.
The Special Rapporteur will submit a comprehensive report to the UN Human Rights Council, including his findings and recommendations, in June 2023.
ENDS
Follow news related to the UNSR Clément Voule on Twitter: @cvoule
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