Yearbook 2008/09 Human Rights: Brazil at the UN

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1 EXECUTIVE SUMMARY Yearbook 2008/09 Human Rights: Brazil at the UN This Yearbook addresses Brazil s participation in the main multilateral human rights forums of the UN. It focuses on the General Assembly, the Human Rights Council and the Treaty Bodies. THE GENERAL ASSEMBLY AND THE HUMAN RIGHTS COUNCIL In 2008, Brazil was reelected to the Human Rights Council, for a term that will end in 2011, getting one of the eight seats reserved for Latin American and Caribbean countries. In the pledge submitted upon the presentation of its candidature, Brazil committed itself to: combat the selectivity and politicization of the HRC; cooperate with the Universal Periodic Review, Special Rapporteurs and Treaty Bodies; adhere to international human rights instruments; human rights education; stimulate international cooperation; improve its relationship with the United Nations Office of the High Commissioner for Human Rights; strengthen regional human rights systems; and make efforts to overcome challenges in the implementation of human rights in the country. In 2008, the General Assembly (GA) and the Human Rights Council (HRC) approved resolutions that established human rights standards or that monitored cases of systematic violations throughout the world. Summary of Brazilian positions The chart below summarizes Brazil s positions in 2008 with respect to the different 1 presented both at the General Assembly (Third Committee and Plenary) and the UN Human Rights Council. General Assembly 63 rd session Brazilian initiatives and co-sponsorship Introduced Cosponsored 1 [resolution] 27 Brazilian votes at the Third Committee (79 considered) Joined the Votes in Votes Abstentions consensus favor against [16 resolutions, 1 motion and one 1 paragraph] 14 [2 motions and 12 amendments] 9 [6 resolutions, 2 non action motions and 1 amendment] Joined the consensus 39 Brazilian votes at the Plenary (64 considered) Votes in Votes Abstentions favor against 14 2 [amendments] 9 [6 resolutions, 1 non action motion and 2 amendments] Human Rights Council 7 th, 8 th and 9 th regular sessions Brazilian initiatives and co-sponsorship Introduced Co-sponsored Joined the consensus [in 16 resolutions and 1 amendment] Brazilian votes (111 considered) Votes in favor Votes against Abstentions 2 [amendments] 1 [resolution] 1 The following are called : resolutions, amendments, decisions and motions submitted to the approval process. In the case of the Human Rights Council, presidential statements from the body s president were also included since they are analyzed in a similar way.

2 Human Rights Council 6 th, 7 th and 8 th special sessions Introduced Co-sponsored Joined the consensus Votes in favor Votes against Abstentions 1 [ resolution] 0 0 The introduced by Brazil were as follows: 1. A resolution adopted by consensus at the GA on follow-up to the implementation of the International Year of Volunteers, presented in partnership with Japan; 2. A resolution adopted by consensus at the HRC that created human rights voluntary goals; and 3. A resolution adopted by consensus at the HRC that presented the Draft United Nations guidelines for the appropriate use and conditions of alternative care for children. The various which counted on Brazilian support, by means of co-sponsorship and/or by a vote in favor thereof or joining the consensus 2, are presented in the chapters that address the General Assembly and the Human Rights Council. It is important to note that the votes that were delivered by Brazil against certain in 2008, all were related to amendments or motions for separate votes on specific paragraphs and did not relate to cases of final decisions for resolution adoption or rejection. The following chart summarizes the cases in which Brazil opted not to take a stance, abstaining instead. This is a questionable position, particularly in the case of Iran and North Korea, where reports showing grave and systematic human rights violations were presented. Resolutions/Non Action Motions/ Amendments Combating defamation of religions Situation of human rights in the Islamic Republic of Iran [resolutions, non action motions and amendments] Situation of human rights in the Democratic People s Republic of Korea [resolution] Globalization and its impact on the full enjoyment of all human rights Equitable geographical distribution in the membership of the human rights treaty bodies The report of the Human Rights Council Observations Brazil abstained in the votes carried out at the Third Committee and Plenary of the GA, as well as at the HRC. In each of the 3 cases, the resolution was adopted. Brazil abstained at the Third Committee and Plenary of the GA in the voting process for non action motions, rejected in each instance. If at least one of these motions had been approved, the possibilities for adoption of the resolution on human rights violations in Iran would have been closed off. Because both were rejected, the resolution was taken to a vote and approved at the Third Committee, as well as at the Plenary. Brazil abstained again the two cases. In spite of having voted in favor of this resolution at the HRC in the same year, Brazil abstained in the vote carried out at the GA. Brazil abstained in the votes of the resolution at the Third Committee and Plenary of the GA. In the two cases, the resolution was adopted. Brazil abstained in the votes of the resolution at the Third Committee and Plenary of the GA. In the two cases, the resolution was adopted. Brazil abstained in the votes carried out at the Third Committee and Plenary of the GA and at the HRC. In the 3 cases, the resolution was adopted. 2 One important data point is the high number of consensual approvals at the UN. This value is even more expressive in the Human Rights Council, where 91 of 111 considered were approved without a vote (82%).

3 Situation of human rights in Myanmar [resolutions and non action motions] Brazil abstained in the vote for a non action motion at the Third Committee of the GA that, if approved, would have closed off all possibilities for adoption of a resolution. Because the motion did not achieve the necessary votes and was rejected, the resolution was put to a vote and was adopted at the Third Committee and Plenary of the GA. Brazil voted in favor in the 2 cases. Also in 2008, 3 special sessions of the Human Rights Council were carried out in relation to: (1) Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory, including the recent ones in occupied Gaza and West Bank town of Nablus, (2) The negative impact on the realization of the right to food of the worsening of the world food crisis, caused inter alia by the soaring food prices, and (3) The situation of the human rights in the East of the Democratic Republic of the Congo. At each session, a resolution was approved. At the first session, a vote was taken in which Brazil voted in favor. At the other two sessions, Brazil joined the consensus. It is worth underscoring that Brazil cosponsored the request to convene the first two sessions and not the third, on the Democratic Republic of Congo. It is important to highlight that it was the first time that a thematic special session was convened, instead of addressing the situation of human rights in a specific country or territory. Brazil played an active role in convening and carrying out the thematic special session which addressed the world food crisis. BRAZIL AND THE HRC S SPECIAL RAPPORTEURS Since December of 2001, Brazil has extended a standing invitation to all of the Special Rapporteurs to visit the country. In August of 2008, Brazil received the visit of James Anaya, Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People. Anaya s presence in the country was marked by intense debates and disagreements, especially for having occurred on the eve of the Federal Supreme Court s consideration on the demarcation of the indigenous territory, Raposa Serra do Sol, in Roraima. Following his visit, the Special Rapporteur noted with satisfaction the expressed commitment of the government to advance the rights of indigenous peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, by means of the existence of constitutional and legal protections in the country, considered by Anaya one of the most advanced provisions in the world. Nonetheless, in the words of the Rapporteur, "there is much left to do to improve the human rights situation of indigenous peoples in Brazil and to fully implement the constitutional protections and accepted international norms." 3 In the same month, Philip Alston, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, released the report on the visit he had made to Brazil in November of In this report, he presented recommendations referring to: (a) extrajudicial executions by on-duty police officers; (b) extrajudicial executions by off-duty police officers (death squads, extermination squads and militias); (c) extrajudicial executions in the prison system; (d) combating impunity (criminal justice system); and (e) accountability of police officers (internal and external control mechanisms). 3 This quote from James Anaya was taken from the press release (25 August 2008) on his visit to Brazil. The report containing recommendations and observations of the Rapporteur will be the object of analysis of the 2009 edition of the Yearbook, since this was just released in September of 2009.

4 Among their attributions, the Rapporteurs are able to receive complaints and communicate with governments when violations occur. In 2008, nine Special Rapporteurs presented reports to the Human Rights Council containing communications submitted to Brazil as a result of complaints that had been received regarding: torture; disrespect for freedom of opinion and expression; violence against women; nonrealization of the right to adequate housing; threats against and attacks on human rights defenders; summary, extrajudicial and arbitrary executions; and violations of indigenous peoples rights. These reports include responses from the Brazilian government to only 3 communications submitted by the Rapporteurs. It can furthermore be highlighted that, in 2008, a Brazilian, Raquel Rolnik was nominated as UN Special Rapporteur on adequate housing. By April of 2008, the mandate of Paulo Sérgio Pinheiro as UN Special Rapporteur on Myanmar, been held by him since 2000, ended. BRAZIL AT THE HRC S UNIVERSAL PERIODIC REVIEW In 2008, the first cycle of the Universal Periodic Review (UPR) of the Human Rights Council began. The UPR is the main innovation introduced by the Council to combat selectivity in the cases it analyzes, requiring the 192 UN member States to undergo, every four years, an analysis of their human rights situations, including the fulfillment of international obligations undertaken thereby. Brazil was among the first 16 countries to undergo the Universal Periodic Review in March of The report submitted by the Brazilian government, which joined two other reports 4, that together serve as the basis for the review, covered 15 themes: women s rights; the right to racial equality; the right to food; the fight against poverty and social inequality; the right to land; the right to education; the right to health; the right to work; the fight against the practice of torture and extrajudicial executions; the right to public security; the right to memory and truth; the right to free sexual orientation and gender identity; rights of indigenous population; rights of the child and teenager; and rights of persons with disabilities. Brazil sent an inter-ministerial delegation to Geneva, lead by Rogério Sottili, Vice-Minister of the Special Secretariat for Human Rights of the Presidency of the Republic. In addition to presenting the report, the Brazilian delegation responded to questions made by member States and observers of the Council and received from these delegations, recommendations for the improvement of the human rights situation on the ground. Overall, 15 recommendations were addressed to and accepted by Brazil. For this reason, in 2012, when the country undergoes the UPR again, the fulfillment of these recommendations will be part of the evaluation process. It is important to stress that, in addition to having undergone the UPR, Brazil participated in the review of 47 other countries in By observing the recommendations made by Brazil to the countries reviewed in 2008, one can verify its constant concern for the ratification and implementation of international human rights treaties which Brazil has already ratified. Also highlighted is Brazil s call for countries to improve their dialogue with the UN Treaty Body System and Special Rapporteurs. Following the approval of HRC s resolution A/HRC/RES/9/12 which set forth, as a result of Brazilian initiative, human rights voluntary goals, Brazil s recommendations also systematically incorporated the request for progressive implementation of such goals. 4 Produced by the UN Office of the High Commissioner for Human Rights, including: (1) a compilation of information submitted by civil society entities and other interested actors and (2) information on Brazil in other UN human rights mechanisms.

5 RATIFICATION OF INTERNATIONAL TREATIES AND REVIEW BY TREATY BODIES In August of 2008, Brazil ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol on Individual Petitions. The Convention was approved by the UN in 2006, and Brazil s ratification can be considered as prompt in comparison to its ratification of other international instruments. It is important to emphasize that Brazil has not yet ratified two important international instruments: the International Convention for the Protection of All Persons from Enforced Disappearance and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Furthermore, the country has not yet ratified the two optional protocols on the International Covenant on Civil and Political Rights. The first, adopted in 1966, has conferred authorization on the corresponding Committee to receive individual complaints, and the second, adopted in 1989, is related to the abolishment of the death penalty. In 2008, the process for ratification of these optional protocols was underway in the Brazilian National Congress 5. Upon presenting its candidature for reelection to the HRC in 2008, Brazil announced in its pledge that it was considering ratifying these protocols. In 2008, Brazil itself reported to or received reports and communications from the following Treaty Bodies: >> Committee on Economic, Social and Cultural Rights: the periodic evaluation process of Brazil in the Committee responsible for monitoring the fulfillment of the United Nations International Covenant on Economic, Social and Cultural Rights was formally initiated in As a result, 25 recommendations for the improvement or implementation of economic, social and cultural rights set forth in the international covenant were made to Brazil. >> Human Rights Committee: in July of 2008, Brazil submitted additional information to the Committee responsible for monitoring the application of the International Covenant on Civil and Political Rights with respect to paragraphs 6, 12, 16 and 18 of the Final Observations made to the country by the body in These paragraphs discuss, respectively: the demarcation of indigenous lands; extrajudicial executions and torture; guarantees for persons deprived of their liberty; and the right to the truth. >> Committee on the Elimination of Racial Discrimination: In 2008, Brazil received two communications from this body referring to the situation of the processes of demarcation of the indigenous lands of Raposa Serra do Sol. In March, the Committee requested information regarding the concrete actions that had been carried out by the Brazilian government in order to respect the rights of these indigenous communities. Since there was no response, the Committee sent another letter in August, reinforcing its request for information. Among the independent experts that comprise the Treaty Bodies, there were two Brazilians in 2008: Silvia Pimentel, reelected in 2008 to the Committee on the Elimination of Discrimination against Women and José Augusto Lindgren Alves, member of the Committee on Elimination of Racial Discrimination since Information available at: Last accessed on: 13 July 2009.

6 Each of the points described briefly above will be developed in more detail throughout this publication. We hope that the information contained herein helps human rights organizations and civil society organizations generally, to monitor and influence Brazil s foreign policy in human rights within the context of the United Nations. This policy should be more transparent, participatory and driven by the constitutional principle of the prevalence of human rights in its international relations.