Brazil
07.11.05
Urgent Interventions

Brazil: NGOs welcome HRC's concluding observations

NGOs welcome the UN Human Rights Committee’s concluding observations on Brazil and ask for their full and prompt implementation


Press Release: November 7, 2005 Geneva / Porto Alegre / Salvador and São Paulo<7b> – The Brazilian NGOs Fundação Interamericana de Defesa dos Direitos Humanos (FIDDH), Centro de Defesa da Criança e do Adolescente – Bahia (CEDECA-BA) and the Comitê Latino-Americano e do Caribe para Defesa dos Direitos das Mulheres (CLADEM Brazil) together with the Geneva-based NGO World Organisation Against Torture (OMCT) submitted a report on the human rights situation in Brazil, for the 85th session of the Human Rights Committee (HRC) from October 17th to November 3rd 2005 in Geneva. During this session, the HRC considered Brazil’s second periodic report on the implementation of the rights contained in the International Covenant on Civil and Political Rrights (ICCPR). The coalition of NGOs welcomes the adoption of the concluding observations and the recommendations made by the Human Rights Committee to the Brazilian authorities, as well as critical questions raised by the Committee during the examination of the report and notes that they reflect many of the human rights concerns expressed by the NGOs. The coalition welcomes the appeal made by the HRC to strengthen national human rights policies and ensure that the Secretariat for Human Rights be adequately funded and function effectively. The coalition shares the deep concerns raised by the HRC with regards to the widespread use of excessive force by law enforcement agents, as well as ill-treatment of detainees in police custody and extra-judicial execution of suspects. These issues were extensively addressed by the NGOs and were one of their main subjects of concern. “It is now urgent that the authorities take immediate action to ensure that such gross human rights violations are promptly and impartially investigated and that the culture of violence within the police and military are eradicated” Pr. Helio Bicudo, President of FIDDH, said. Moreover the Committee expressed its concern regarding the situation in detention facilities, especially in police custody and requested that the authorities urgently take steps to improve the condition of all persons held before trial and after conviction. The NGOs also fully support the HRC's concerns on the ineffectiveness of the new mechanism allowing the Prosecutor of the Republic to seek transfer of certain cases of human rights violations from state to federal jurisdiction. Moreover, the situation of women in the Brazil has been closely analysed by the HRC, which regretted the lack of information on the incidence of domestic violence and the lack of legal provisions to prevent and eliminate such violence. “NGOs presented detailed data on domestic violence against women and really hope that the authorities will now develop gender policies in order to prevent such violence, including specific law with regards to the right to abortion”, said Virgínia Feix, national coordinator of CLADEM Brazil. Finally, the HRC is alarmed by the situation of street children and the massive violations of their rights, including extra-judicial killings and ill-treatment. This situation and more broadly the abuse and exploitation of children are unacceptable said the Chairperson the HRC in conclusion of the examination of the Brazilian report. “This is probably one of the main challenges for the Brazilian authorities and the results are very poor as we pointed out in our shadow report”, Aparecida de Roussan from CEDECA-BA claimed, before concluding : “the violation of the rights of the child should now be an utmost priority otherwise Brazil will clearly show its non-compliance with the international human rights instruments it has ratified including the ICCPR”. It is now time for the Brazilian authorities to fully implement the recommendations adopted by the HRC and to ensure that at all levels of the administration clear policies are adopted and evaluated. “NGOs will closely monitor the implementation of the HRC's recommendations, as well as those adopted by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in 2000”, commented Patrick Mutzenberg, Programme Manager at OMCT.
Background information All States parties to the International covenant on civil and political rights (ICCPR) are obliged to submit regular reports to the Human Rights Committee (HRC) on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations”. The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties. The Committee meets in Geneva or New York and normally holds three sessions per year. For more information: http://www.ohchr.org/english/bodies/hrc/index.htm Contact :OMCT – Patrick Mutzenberg +41 / 22-809-49-39