Intervenção de Sua Excelência, a Senhora Embaixadora Maria Nazareth Farani Azevêdo / apresentação das respostas ao Mecanismo de Revisão Periódica Universal das Nações Unidas / 20 de setembro de 2012
Mr. President,
Excellencies Ambassadors,
Representatives of international organizations,
Representatives of civil society institutions,
Dear colleagues,
Ladies and gentlemen,
It is an honour to represent Brazil in the adoption of the report of our Universal Periodic Review by the Plenary of the Human Rights Council.
Brazil participated in the second cycle of the Universal Periodic Review in a transparent, constructive and inclusive manner, reiterating its unwavering support for the International Human Rights System.
Today is the culmination of a long and arduous, but very fruitful work. For more than a year now, my Government – and our Mission in Geneva – has been actively preparing for this exercise.
This includes a thorough process of consultations amongst governmental bodies; countless discussions with special procedures mandate-holders, colleagues from the Office of the High Commissioner and from other delegations; and numerous consultations with civil society.
We thank all stakeholders who took their time and energy to help us prepare ourselves for this second cycle of the UPR. We also thank those delegations who participated in our review. A special thanks to our troika: China, Ecuador and Poland.
We received with great satisfaction the international recognition of the positive results achieved by recent public policies for the realization of human rights. Nearly a third of the recommendations used the expression "to continue its efforts", and a number of them referred to "sharing with other countries the good practices and progresses achieved", especially with regard to poverty reduction and social inclusion.
Mr. President,
This long process led us to this moment, when my Government has the honour to share the results of our thorough analysis of all comments and the 170 recommendations received at our review on May 25, an average of 2.2 recommendations per participant.
During the past few months, a careful examination of the recommendations was undertaken from a legal, political and institutional point of view. 15 Ministries were involved.
This broad discussion was essential to lay the foundation for a more effective implementation of the accepted recommendations, in partnership with the Legislative and the Judiciary branches, and with civil society.
In reviewing the recommendations, our goal has been to accept as many recommendations as possible, and to do so in a way to facilitate their implementation by the competent bodies.
Mr. President,
I have the honour to announce, in accordance with the Addendum to the report of the Working Group, that Brazil has accepted nearly all recommendations as formulated: (159 out of 170), in the extent that we share their ideals and are committed to their implementation.
A small number of recommendations, 10 of them, whose content face institutional constraints, have enjoyed our partial support.
Only one recommendation, which is inconsistent with constitutional and legal principles of the Brazilian legal system, could not enjoy our support.
During this presentation, I will focus on the grounds for accepting partially those 10 recommendations and rejecting on sole recommendation out of 170.
Mr. President,
My Government supports nearly all general recommendations on human rights.
Among those general recommendations, Brazil expresses partial support for recommendation No. 127 [“Protect the natural family and marriage, formed by a husband and a wife, as a basic cell of society as it provides the best conditions for raising children”]. The Federal Constitution provides for the State protection of the family, which is the basis of society. Brazil has public policies aimed at protecting the family and ensuring the conditions for raising their children. However, Brazilian institutions recognize other family arrangements as also eligible for protection, such as women raising children alone.
Mr. President, dear colleagues,
All recommendations regarding development and social inclusion enjoy the support of Brazil.
Brazil also supports all recommendations regarding a National Human Rights Institution.
Mr. President,
On the issue of international human rights instruments, the following recommendations enjoy the support of Brazil: 1, 2, 4, 5, 7 and 8.
Recommendation No. 3 [“Consider withdrawing reservations to the core international human rights instruments, in particular to the Second Optional Protocol to ICCPR”] enjoys the partial support of Brazil. The BrazilianState has ratified nearly all international human rights treaties. Regarding the Second Optional Protocol to the International Covenant on Civil and Political Rights, to which Brazil is a signatory, the reservation mentioned at the recommendation was fundamental to the consensus needed for the celebration of the instrument, and is provided for in its Article2 (1).
Brazil expresses partial support for recommendation No. 9 [“Sign and ratify as soon as possible the optional protocol to the International Covenant on Economic, Social and Cultural Rights”]. The BrazilianState attaches great importance to the promotion and protection of economic, social an cultural rights. Nevertheless, the ratification of the Protocol shall be preceded by comprehensive discussions among the different bodies and national councils responsible for debating the formulation and monitoring of public policies affecting economic, social and cultural rights, since its ratification will generate obligations whose implications need to be understood by all key State and non-State actors.
Recommendation No. 10 [“Ratify the ILO conventions No. 189 and 87 regarding, respectively, decent conditions of work for female and male domestic workers and freedom of association and protection of the right to organise”] enjoys the partial support of Brazil. Regarding ILO Convention No. 189, the Ministry of Labor created, in 2012, a Tripartite Commission on Domestic Work, which is responsible for examining the Convention and for issuing advisory opinions on its content and its referral to the Congress. On the same topic, it must be highlighted that the Proposed Constitutional Amendment No. 478 of 2010, which extends rights to domestic workers, is under consideration at the Congress. With regard to Convention No. 87, Brazil recognizes the right to freedom of professional or union association, according to Article 8 of the Federal Constitution, observing the principle of union unity, as provided for in item II of Article 8.
Mr. President, dear colleagues,
On the issue of human rights defenders, all recommendations enjoy the support of Brazil. However, Brazil partially supports recommendation No. 79 [“Adopt a policy of taking an explicit and published decision on instituting a federal investigation and prosecution in all cases involving violence against human rights defenders”]. In 2004, the Federal Constitution was amended to allow the Attorney-General of the Republic to request the Supreme Federal Court, at any stage of the investigation or judicial proceeding, the transfer of cases involving serious human rights violations to the jurisdiction of the Federal Justice.
Mr. President,
On public security, justice and prison system, Brazil supports the great majority of recommendations.
However, Brazil partially supports recommendation No. 12 [“Prompt adoption of Bill no. 2442 with amendments that guarantee the independence and autonomy of the National Preventative Mechanism members, in conformity with Brazil’s OPCAT obligations”]. The Executive Power drafted a bill, currently under discussion at the Congress, which ensures the independence and autonomy of the members of the National Mechanism for the Prevention and Combat of Torture, in accordance with the Optional Protocol to the Convention against Torture.
Recommendation No. 60 [“Work towards abolishing the separate system of military police by implementing more effective measures to tie State funding to compliance with measures aimed at reducing the incidence of extrajudicial executions by the police”] cannot enjoy the support of Brazil, in light of the constitutional provision on the existence of civilian and military police forces. Civilian Police Forces are responsible for the tasks of judiciary police and for the investigation of criminal offenses, except military offenses. Military police forces are responsible for ostensible policing and for the preservation of public order. It should be noted that Brazil has adopted measures to improve control over the actions of public safety professionals, in particular through ombudsmen and internal affairs offices, as well as through the permanent training of professionals in human rights and the encouragement of the differentiated use of force.
Brazil expresses partial support for recommendation No. 62 [“That other state governments consider implementing similar programmes to Rio de Janeiro’s UPP Police Pacifying Unit”]. The government has violence-reduction policies aimed at the security of the population, such as "Brasil Mais Seguro" (“Safer Brazil”) and "Crack, é possível vencer” (“It is possible to beat crack”). The extension to other federal states of any action, such as Pacifying Police Units, depends on the specifics of each location and on the acquiescence of each federal entity, due to the federal pact enshrined in the Federal Constitution. It must also be noted that the model of proximity policing, integrated in the program of Pacifying Police Units in the state of Rio de Janeiro, is encouraged by the Brazilian government in the other states of the federation, within the framework of the National Policy of Public Safety.
Mr. President,
Nearly all recommendations on the promotion of equality enjoy the support of Brazil.
Brazil partially supports recommendation No. 24 [“Amend its legislation for the legal recognition of same-sex couples”]. The civil union of persons of the same sex is already legally recognized in Brazil, as a result of a decision of the Supreme Federal Court.
Mr. President,
All recommendations on the rights of indigenous people enjoy the support of Brazil.
In what concerns recommendation No. 167 [“Ensure that indigenous peoples are able to defend their constitutional right to ancestral lands without discrimination and their prior, informed consent is sought in cases of projects that may affect their rights”], the Federal Constitution provides that indigenous communities shall be heard, and that the Congress shall issue an authorization for the use of water resources, research and mining of mineral resources in indigenous lands. Moreover, the Convention 169 of the ILO, internalized in Brazil in 2004, provides for previous consultation of indigenous people. The BrazilianState, therefore, already acts accordingly with the recommendation.
Mr. President,
All recommendations regarding migrants, refugees and trafficking in persons, related to children and adolescents’ rights, on the subject of major works and major events, and on the subject of right to memory and the truth enjoy the support of Brazil.
Mr. President,
On education, health, food security and the environment, Brazil supports the great majority of the recommendations.
On recommendation No. 149 [“Continue the process of expanding the possibilities of accessing the voluntary termination of pregnancy in order to ensure the full recognition of sexual and reproductive rights”], Brazil manifests its partial support. The BrazilianState provides access to health services in the cases of termination of pregnancy allowed by the legislation and by decision of the Supreme Court.
Brazil partially supports recommendation No. 156 [“Continue with its religious education programmes in public schools”], based on the understanding that both the Federal Constitution and Federal Law provide for religious education, with optional enrollment, at public schools of primary education, while ensuring respect for cultural and religious diversity and forbidding all forms of proselytism. Therefore, in compliance with the secular nature of the BrazilianState, religious education in Brazil does not constitute confessional or inter-confessional teaching of faith.
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(CONSIDERAÇÕES FINAIS)
Mr. President,
Excellencies Ambassadors,
Dear colleagues and friends,
First, allow me to thank the delegations and civil society representatives who addressed us today. We take due note of their views, and hope to work together, in a cooperative manner, towards the implementation of all accepted recommendations.
In fact, our challenge now is to implement the accepted recommendations. My Government attaches great commitment to this effort.
As a matter of priority, Brazil will integrate all accepted recommendations into our National Human Rights Policy. This will be done through widespread consultations, including with civil society. The monitoring of recommendations will also benefit from the already existing mechanism. This will help ensure that the UPR is implemented as a core commitment of our government.
We intend to maintain and intensify our dialogue with the High Commissioner and her Office, including her Regional Office, fellow governments, civil society, and other stakeholders, both in Brazil and in Geneva, to ensure the implementation of the accepted recommendations.
You can count on our openness to continue discussing openly with all partners. With the promotion and protection of human rights in mind, we will continue to listen.
Thank you very much.