 General Assembly Distr.: General 27 February 2017 Original: English A/HRC/WG.6/27/BRA/1

GE.17-01929(E)

Human Rights Council

Working Group on the Universal Periodic Review Twenty-seventh session

1–12 May 2017

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 ^*

Brazil

*

The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations .

United Nations A /HRC/WG.6/27/BRA/1

General Assembly Distr.: General

27 February 2017

Original: English

I. Methodology and consultation process

1. This report assesses Brazil's compliance with the recommendations accepted during the Second Cycle of the Universal Periodic Review (UPR). The report presents information and data related to the period of 2012–2016

.

2. In 2012, Brazil accepted 169 recommendations, having expressed partial support to ten of them

and the impossibility to accept one of them for being incompatible with national legislation. The information about the implementation of recommendations is organized according to themes, following as far as possible the same structure of the Addendum presented by Brazil to the UN Human Rights Council. Manifestations by civil society, universities, councils equally composed of members of civil society and government's representatives, and governmental entities have been taken into consideration in order to produce this report. The draft report was submitted to public consultation through the website of the Special Secretariat for Human Rights of the Ministry of Justice and Citizenship (SEDH), between October 21

and November 20

2016. The consultation process included a public hearing held before the Human Rights and Minorities Commission of the House of Representatives on December 7

2016. After the hearing, public consultation was reopened between December 8

and December 19

.

II. The legal and institutional framework for the promotion and protection of human rights in Brazil (Recommendations 6, 25, 26, 27, 28, 41, 127*)

3. Brazil monitors and assesses compliance with international human rights standards permanently. In 2016, Brazil was elected member of the Human Rights Council (HRC) for the mandate 2017-2019, when the country renewed its commitment to the promotion and protection of human rights, as well as to the strengthening of international dialogue and cooperation

. The execution of the Third National Human Rights Programme (PNDH-3)

, which is in force since 2009, has been followed by an inter-ministerial committee and a working group linked to the National Human Rights Council (CNDH)

. In 2013, the Observatory of PNDH-3

was launched, bringing to the public information on the execution of the actions of PNDH-3.

4. In 2014, the SEDH launched the National System of Human Rights Indicators

, which provides for monitoring and assessment of the progressive realization of human rights through a matrix of social indicators. In that same year, the Observatory of International Recommendations on Human Rights (ObservaDH)

– an online platform that assembles recommendations directed to Brazil within the United Nations and the Inter- American Human Rights System – was launched.

5. Some official measures to make human rights effective are noteworthy: the Annual

Socioeconomic Report of Women, whose first edition was published in 2013

; the National

System of Information on Public Security, Prisons and Drugs

, launched in 2013; the

National University Pact for the Promotion of Respect for Diversity and for a Culture of

Peace and Human Rights

; cooperation initiatives with a view to promoting human rights

education in the judicial branch, coordinated by the Ministry of Justice and Citizenship,

SEDH and the National Justice Council (CNJ); and the creation of a Working Group to

elaborate a preliminary version of a National Action Plan on business and human rights.

A. National human rights institution (Recommendations 16, 17, 18, 19, 20, 21, 22 and 23)

6. After 50 years of existence, the Council for the Defence of the Rights of the Human Person (CDDPH) was substituted by the National Human Rights Council (CNDH), according to the Law 12.986/2014. The strengthening of this body has been assured through the expansion of its attributions

and its further democratization, which allowed the participation of civil society with the same number of representatives as the government's institutions

.

7. Among its main activities, the CNDH followed the trial in 2015 of those accused of the murder of the human rights defender Manoel Mattos, first case subject to displacement of jurisdiction from state to Federal Courts, according to the constitutional provision that allows it in cases involving serious violations of human rights.

8. The CNDH also carried out a mission to the site of construction of the Belo Monte Hydroelectric Power Plant, in the State of Pará, which resulted in recommendations to public bodies for compliance with the conditions to this project in accordance to the Basic Environmental Plan (PBA)

, which has provisions related to the environment and to the respect for the human rights of indigenous peoples. Also noteworthy is the mission to the region of Doce River basin, in order to guarantee reparations by Samarco S/S to those affected by the collapse of Samarco's dam.

9. The Council has also been working with other pressing issues related to: the system to punish children and adolescents in conflict with the law; the rights of indigenous peoples, quilombolas and other traditional communities; the right to the city in the context of the Olympic Games; and the rights of the population living in the street; among other issues. In April 2016, the CNDH and the SEDH held the 12

National Human Rights Conference, which assembled more than two thousand people to discuss the construction of guidelines for human rights policies.

B. International human rights instruments (Recommendations 1, 2, 3*, 4, 5, 7, 8, 9* and 10*)

10. Brazil is a party to 16 out of 18 main human rights treaties

. On May 11

2016, Brazil promulgated the International Convention for the Protection of All Persons from Enforced Disappearances and the Inter-American Convention on Forced Disappearance of Persons. The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, signed in 2012, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families are under consideration by the National Congress

.

11. In 2012, the VII Report to the Committee on the Elimination of Discrimination against Women (CEDAW) was submitted. In 2015, Brazil also submitted periodic reports to the Committee on the Rights of Persons with Disability and to the Committee on the Rights of the Child.

12. The signature of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is under consideration.

13. According to the provisions of the Rome Statute of the International Criminal Court (ICC), legislation that defines organized crime has been enacted in 2013 (Law n˚

12.850/2013). There are other two bills under consideration by the National Congress

to

define the crimes inscribed in the Rome Statute and regulate judicial cooperation with the

ICC

.

14. Equal rights for domestic workers and other urban and rural workers is guaranteed by the Federal Constitution (Constitutional Amendment n˚ 72/2013). Although not ratified yet, the ILO Convention 189 is under consideration by a Tripartite Working Group of the Ministry of Labour.

15. Freedom of association, including freedom to join unions, theme of the ILO Convention 87, is guaranteed by article 8 of the Federal Constitution, provided that the principle of one sole union is respected

.

C. Human rights defenders (Recommendations 31, 79*, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 141)

16. The National Policy for the Protection of Human Rights Defenders (PNPDDH), regulated by the Decree 6,044/2007, and the Programme to Protect Human Rights Defenders (PPDDH)

, regulated by the Decree 8,724/2016, aim to protect any person subject to coercion or threat due to their work as human rights defenders. The PPDDH also aims to eliminate the causes of threats, mobilizing public bodies to adopt measures of investigation, prevention and protection against human rights violations and impunity.

17. The PPDDH is responsible for 349 cases accepted by the Programme, and other 500 are under evaluation. The PPDDH has signed partnership agreements with five federal states

, while the federal team assists other states. Most of the cases are related to the right to land (114), indigenous peoples (65), quilombola communities (60) and natural environment (35). Despite efforts, there are still challenges to the protection of human rights defenders in Brazil, especially of communications professionals, rural leaders, indigenous peoples, quilombolas and environmentalists. In 2015 and 2016, the Federal Prosecutor's Office of Citizens' Rights (PFDC), the Ministry of Justice, the Ombudsman's Office of the National Foundation for Indigenous Peoples (FUNAI) and the Special Secretariat for Indigenous' Health (SESAI) attended a meeting on cases related to indigenous peoples followed by the PPDDH in Mato Grosso do Sul

.

18. Procedures of all protection programmes in force in Brazil (PPDDH, Provita and PPCAAM) demand improvements. In 2016, for instance, it was decided that partnership agreements related to the implementation of protection programmes must observe the Federal Government Multiannual Plan as to avoid the discontinuity of the protection offered to beneficiaries of these programmes.

III. Achievements and challenges in promoting and protecting human rights in Brazil

A. Reducing poverty and promoting social equality (Recommendations 29, 30, 32, 49, 131, 132, 133, 134, 135, 136, 137, 139, 141, 142, 143, 144, 145, 150, 154)

19. Between 2004 and 2014, 36 million Brazilians were lifted out of extreme poverty

. The Single Registry for Social Programmes of the Federal Government (Cadastro Único) is an instrument for the poorest families to have access to public policies. Through it, poor families benefit of initiatives of the Federal, State and local Governments. Enrolment in

"Cadastro Único" is a requirement to access the services provided by Bolsa Família

Programme (PBF), which is a conditional cash transfer policy that benefits poor families

,

as well as to subsidies of Social Fee for Electric Consumption and to the Continuous Cash

Benefit

. Nowadays, there are approximately 27 million families enrolled. In 2012, Brazil

inaugurated the International Seminar Social Policies for Development

, which provides foreign delegations with an overview of the Brazilian strategies for development, such as the Bolsa Família.

20. The investment in Bolsa Família Programme amounted to R$ 28.5 billion in 2016.

In December 2016, the number of benefitted families amounted to 13.57 million, and in July 2016 the average national benefit amounted to R$ 181.15 per family

. The cash transfer is conditioned to the enrolment of children in school. In August and September 2016, 95.25% of the 14.6 million children and youth benefitted by the Programme attended school according to the minimum frequency control

. In case of low attendance, possible situations of vulnerability are checked in order to provide specific services to solve any problem faced by the family concerned.

21. The My House, My Life Program

, launched in 2009 by the Brazilian Federal Government, delivered more than 2.512 million houses by the year 2015

, including accessible houses to meet the needs of persons with disabilities. In the year 2016 alone, R$

34.9 billion were invested in families with a monthly income of up to R$ 3,650

. In the same year, priority was also set to benefit low income families (monthly revenues of up to R$ 1,800

) in which there were cases of microcephaly.

22. Among the 36 million Brazilians lifted out of extreme poverty, 22 million reached their new social status after the creation of the Programme Brazil without Poverty Plan (BSM)

in 2011. The following results achieved until 2014 are underlined: more than 1.75 million people of low income enrolled in professional training courses; approximately 900 thousand rainwater storages for consumption and production provided; and a 33% increase in the number of children benefitted by Bolsa Família enrolled in preschool, with the help of the programme Caring Brazil Action

. Regardless these initiatives, there are still challenges concerning poverty and socioeconomic inequalities, especially as far as regional inequalities and vulnerable groups, such as rural populations and indigenous peoples, are concerned.

23. In 2014, 72.6% of the population employed between 16 and 59 years old were covered by Social Security, which amounted to 65.31 million people

. Between 2008 and 2013, a 191.4% increase of autonomous workers enrolled in the Simplified Social Security Plan was registered. In 2013, 2.2 million people were covered. The number of low income housewives covered had a 322% increase between 2011 and 2013.

24. The number of elderly people and of people with disabilities who have been benefitted by Continuous Cash Benefit (BPC)

was 3.2 million in 2009, and achieved 4.2 million in 2015

. Since 2012, initiatives to provide jobs for people in situation of extreme poverty have been strengthened, such as the National Programme for the Promotion of Access to the Labour World (Acessuas Trabalho)

and the BPC Labour Programme, that targets people with disabilities between the age of 16 and 45 with the aim to enabling them to have access to apprenticeship and job placement programmes. The Programme BPC in Schools aims to eliminate barriers for access to education by children and adolescents with disabilities. This Programme made possible an increase from 30 to 70% in the inclusion of these groups in the educational system. Through Decree 8,145/2013, there was a ten-year decrease in the time of contribution required for special retirement of people with disabilities.

B. Combating slave labour (Recommendations 106, 107 and 119)

25. ILO has considered Brazil to be an example to be followed in the fight against

modern slavery. Between 2013 and 2016, the Ministry of Labour (MTb) rescued more than

six thousand workers from slavery-like conditions, by means of more than 500 inspection

operations

, in all federative states

. There are fifteen State Commissions for the Eradication of Slave Labour, besides the Municipal Commission of São Paulo.

26. Victims of modern slavery have benefitted from measures such as unemployment insurance, access to cash-transfer programmes, the promotion of literacy and training initiatives. Between 2013 and 2016, the MTb supported more than 4,735 workers, through the transfer of R$ 8.7 million in unemployment insurances. Moreover, compensation paid to workers between 2012 and 2015 amounted to more than R$ 25 million

. In 2015, a cooperation agreement between CNJ, ILO, the Superior Labour Tribunal, the National Union of Labour Inspectors, MTb, SEDH, the Public Prosecutor's Labour Office and the Federal Public Prosecutor's Office was signed aiming at the reintegration of workers rescued from slavery-like conditions.

27. The Registry of Employers in Breach of Labour Laws had 609 registers in July 2014, which represented a 142.6% increase compared to 2011. In December 2014, the Federal Supreme Court (STF) ruled that the list of employers in breach of labour laws should be suspended. In May 2016, the decision was overruled. Between January 2010 and November 2015, 2,503 extrajudicial proceedings and 1,604 inquiries were opened to investigate the crime of submission of someone to slavery-like conditions. During the same period, 706 criminal charges and 10 executions of judgements were registered

.

28. Between 2012 and 2014, the National Commission for the Eradication of Slave Labour (CONATRAE)

offered workshops for more than one thousand judges, prosecutors and labour inspectors regarding the fight of the crime of subjecting someone to slavery-like conditions, according to article 149 of the Brazilian Penal Code. In addition to this, the Federation's Agreement for the Eradication of Slave Labour between the Federal Government, the Governments of 13 states and the Federal District was signed in December 2016, fostering the strengthening and creation of more state commissions and state plans for the eradication of slave labour.

29. It is also important to mention the enactment of the Constitutional Amendment 81, which allowed expropriation of lands where slave labour be found.

C. Promotion of equality

People with disabilities (Recommendations 34, 35, 36, 37, 38, 39, 40, 42 and 55)

30. In 2015, Brazil passed the Law 13,146/2015, known as Statute of Persons with Disability or Brazilian Law for Inclusion (LBI)

. Among the innovations brought by this legislation, one shall mention: the creation of a benefit for social inclusion; the Civil Code’s amendment regarding the recognition of legal capacity; and the improvement of legislation on physical and communicational accessibility.

31. Other benchmark policy is the National Plan on the Rights of Persons with Disabilities – Living without Limits Plan, of 2011. 25 states, the Federal District and circa 1,480 municipalities have joined this initiative. The results of the Plan are accessible on the website Living without Limits Observatory

.

32. Through the Accessibility Plan of Electoral Justice, of 2012, 32 thousand voting sites were adapted to the special needs of persons with disabilities, according to data from 2014. In 2014, electoral advertisement on TV obligatory started including closed captioning and sign language.

33. The principles of UN General Assembly’s Resolution 65/215 are followed by Brazil

in favour of people with leprosy. Between 2007 and 2014, in accordance to Law

11,520/2007, Brazil has granted people subject to isolation and compulsory treatment more

than 8.8 thousand special lifetime pensions.

34. In spite of progress in the promotion of persons with disabilities’ rights, communication presented through Dial-Human Rights (Dial 100) demonstrate that complaints are still recurrent. In 2015, the SEDH’s National Ombudsman's Office for Human Rights (National Ombudsman's Office) received 9,656 communications.

Elderly (Recommendations 32, 53 and 54)

35. The National Commitment for Active Aging

was established in 2013 in order to coordinate the efforts by the federal bodies in the appreciation, promotion and defence of the elderly’s human rights.

36. Other protection mechanisms in place are: Special Police Station for the Elderly; and obligatory notification to the police by health professionals in cases involving violence against older people. In 2015, 32,238 complaints were registered by the Dial 100 service regarding violations of older people’s rights, the second highest number.

37. It is worth mentioning the Reference Centres for Providing Healthcare to the Elderly, which is part of the States' Network for Healthcare to the Elderly, maintained by the Ministry of Health (MS), and the programmes Popular Pharmacy Programme

and Better at Home Programme

. Also, in 2015, Brazil signed the Inter-American Convention on Protecting the Human Rights of Older Persons.

LGBT (Recommendations 24*, 97 and 140)

38. In 2011, the Federal Supreme Tribunal recognized same-sex families, granting homosexual couples the right to civil union

. Based on CNJ’s Resolution 175/2013, Public Civil Register Offices cannot deny the celebration of civil marriage between same-sex people or deny the conversion of civil unions into marriage.

39. The promotion of LGBT’s rights still demands legislative and institutional responses, nevertheless. Discrimination against LGBT people is not considered a crime in Brazil. IBGE’s data, from 2014, demonstrates that only 7.7% of 5,570 municipalities in Brazil have specific policies regarding LGBT people.

40. The Report on Homophobic Violence

is a very important subsidy for the development of Government’s policies. It is a pioneering initiative coordinated by the SEDH, which brings detailed data about the profile of victims. The third edition of the report was published in 2016 with data from 2013

. In 2017, the fourth edition of the report will be disclosed with data from 2014 and 2015.

41. The 2016 Report indicates a context of constant violence and violation of human rights, having presented cases of homicide and robbery involving deaths against LGBT population. It is important to bear in mind that underreporting of such cases is a reality. The present scenario of negligence and violence requires from Brazil the creation of policies and legislation devoted to punish and prevent discrimination against the LGBT population.

42. The National System for the Promotion of Rights and Fight against Violence suffered by LGBT People of 2013 aims to allow the coordination of public policies

on all three levels of the federation. In 2014, the National Committee of LGBT Public Policies, a forum that assembles public agents from state and municipal levels in order to promote the National System, was established. In 2015, the Federal Government created the Inter- ministerial Committee to Fight Homophobia. In addition to this, there is the National Covenant to Fight Violence against LGBT People.

43. Through the Decree 8,727/2016, the use of social names by transgender people on

official documents provided by the federal public administration was authorized. In 2016,

one celebrated

the 15th anniversary of the National Council to Fight Discrimination and

Promote the Rights of Lesbians, Gays, Bisexuals and Transgender People (CNCD/LGBT)

.

Gender equality (Recommendations 43, 44, 45, 46, 47, 48, 50, 51 and 52)

44. The National Plan for Policies for Women 2013-2015 (PNPM)

addresses, among other matters, gender equality in the labour market, women's economic autonomy, with special attention to policies of eradication of poverty and the participation of women in the development of the country.

45. Inequality between men and women in the Brazilian labour market has been reduced in the past few years. Between 2004 and 2014, the average income of women employed had an increase of 61% in real terms and, for the first time, surpassed the threshold of 70% of men's income

. There has been progress in women's presence in the labour market, which reached 57.3% in 2014.

In 2015, women corresponded to 36.4% of all entrepreneurs

. Although women dedicate less hours to their main occupation (35.5 hours per week for women and 41.4 hours per week for men), domestic work represents 25.2 hours per week for women and 11 hours for men – a total weekly journey of 60.7 hours for women and 52.4 hours for men.

46. The majority of undergraduate and graduate students are women, whose average number of years of study is higher than men's are. In 2014, women reached the average of 8 years of study, while the result for men was 7.5 years

. In this same year, women represented the majority of Brazilians with a doctorate awarded abroad (60% of total)

. The same applies to training courses offered by the National Programme for Access to Technical Tuition and Employment (Pronatec)

, in which women represented 68% of the students between 2014 and 2015.

47. In the countryside, the National Programme for Strengthening Family Farming (Pronaf)

expanded credit limits for women from R$ 50 thousand to R$ 150 thousand in 2013. Through Safra Plan for Family Farming, credit for women amounted to more than 562 thousand contracts during the period 2014-2015

. Women's participation in the Programme for the Acquisition of Food increased from 11.5% in 2009 to approximately 50% in 2015. The National Programme for the Documentation of Women Working in the Countryside

produced three million documents in 2015.

48. Other important results in terms of public policies for women are mentioned: the promotion of equal labour rights for domestic workers through the Constitutional Amendment 72/2013

; the expansion of the Programme Pro-Gender and Racial Equity

; and the expansion of social security benefits (pension for age or incapacitating condition, sickness benefit and maternity wage) in favor of low-income housewives by means of contribution based on minimum wage. The Brazilian Gender Equality Observatory

and the Observing Gender Panel

are dedicated to the systematization of data related to gender equality.

49. Elections held in 2014 indicated that women's participation increased (8,120 women or 31% of candidates) compared to the 2010 elections (5,056 women candidates or 22.43%

of candidates), according to data provided by the Superior Electoral Tribunal (TSE). In spite of the affirmative action inaugurated by the Electoral Law (Law 9,504/1997, altered by Law 12,034/2009), which reserves 30% of places for female candidates, the challenge to increase the number of elected women persists.

Fighting violence against women (Recommendations 90, 91, 92, 93, 94, 95, 96, 103, 116, 138 and 140)

50. The Law 12,845/2013 regulated the obligatory and integral treatment of people who

have suffered sexual assault, and the Law 13,104/2015, which defines the crime of

femicide

as a heinous crime. Rules and regulations

were introduced on guidelines for health and security professionals on attention to victims of sexual violence, and on criteria for collecting evidence of sexual violence. In addition to this, two important documents were published – Dossier Femicide

and the National Guidelines for Investigating, Prosecuting and Trying from a Gender Perspective Those Responsible for Violent Deaths of Women – Femicide.

51. The Programme Women Living without Violence

, created in 2013, consists of six strategic actions for fighting violence against women: the creation of the Brazilian Women House; the creation of Centres for Attention to Women in dry borders regions; mobile units for care for women in situation of violence in the countryside and in forests; the expansion of medical care centres for women; the organization and humanization of care provided to victims of sexual assault; and continuous awareness campaigns.

52. There has been an expansion of the assistance network to women in situation of violence.

Among other preventive actions, awareness campaigns were promoted between 2013 and 2015, such as: MERCOSUR's Campaign Free from Trafficking in Women

; the Campaign Commitment and Attitude in favour of Maria da Penha Law – Law is stronger

; the Campaign of the Programme Women, Living without Violence

; and the Campaign I Care

.

Ethnic-racial equality (Recommendations 31, 50, 51, 138, 162)

53. Affirmative actions are promoted in Brazil based on the Racial Equality Statute

. At the federal level, 20% of vacancies at the civil service are allocated to afro-Brazilians

and more 3,000 afro-Brazilians joined the civil service in the last 2 years

. In federal universities and technical institutes, 50% of the vacancies are reserved for students coming from secondary public schools, with the distribution of vacancies among afro-Brazilians and indigenous people based on the proportion of such groups in the community. Vacancies allocated to afro-Brazilians grew from 37,100 in 2013 to 82,800 in 2015

.

54. The Programme Bolsa Permanência (PBP)

, established in 2013, provides financial aid to students in vulnerable socioeconomic conditions and to quilombola and indigenous students enrolled in federal higher education institutions.

55. The Statute established the National System for the Promotion of Racial Equality (SINAPIR)

. It operates based on the voluntary accession of states and municipalities.

Until July 2016, 43 racial equality agencies from all regions had joined the System, and 28 others were in the process of joining it.

56. The National Plan for the Sustainable Development of Traditional Peoples and Communities of African Descent 2013-2015

aims at promoting productive inclusion, guarantee of rights and protection of cultural heritage and African tradition in Brazil. The Monitoring System of Racial Equality Policies

, available online, provides information on the implementation of the Plan to Prevent Violence against Black Youth

and the Brazil Quilombola Program.

57. Socioeconomic indicators show that living conditions of afro-Brazilians have

increased in the last 2 decades, as well as access to services and rights. Progress among

afro-Brazilians is higher when compared to other groups. However, challenges remain

. In

the case of quilombola communities, there is the additional challenge of guaranteeing land

rights.

D. Indigenous people (Recommendations 31, 50, 138, 162, 163, 164, 165, 166, 167, 168, 169)

58. 817,963 indigenous peoples

from 305 different ethnic groups and speaking 274 languages live in Brazil

.

59. There are 462 demarcated areas in Brazil

. Most of the indigenous lands (IL) are in the Amazon region. Brazil's challenge is to go forward in the regularization of ILs in the rest of the country.

60. There are 77 references to indigenous peoples in voluntary isolation in record, most in the north of Brazil. In order to guarantee their integrity, a policy based on the non- mandatory contact and on ethno-environmental protection of such groups and the territories where they live was developed. Such model acknowledges indigenous autonomy.

61. The National Policy for the Environmental and Territorial Management of Indigenous Lands (PNGATI)

aims at promoting actions with a focus on the protection and conservation of ILs, guaranteeing the integrity of indigenous heritage, better living standards and the full physical and cultural development of indigenous peoples.

62. Brazil promotes social and citizenship rights of indigenous peoples through inter- agencies coordination, participation and social dialogue. The National Council of Indigenous Policy (CNPI)

is a collegiate body with a consultative nature. Established in April 2016, CNPI is responsible for the development, monitoring and implementation of public policies aimed at indigenous peoples.

63. ILO Convention 169 was ratified by Brazil in 2004. An Inter-agencies Working Group was established in 2012 to promote dialogue with indigenous peoples and communities with a view to providing guidance in the process that will lead to the definition of regulation on procedures and modalities for free, prior and informed consultation. A consensus has yet to be reached. Many indigenous peoples, with the support of civil society organizations, have brought elements for the development of guiding principles and procedures, through their own consultation protocols. Brazil sees it as an important contribution to better implement free, prior and informed consultation, in good faith and as a democratic instrument of indigenous protagonism.

64. Indigenous peoples remain among the most vulnerable groups within the Brazilian population when indicators such as income, child mortality, malnutrition, health, schooling and access to sanitation

. Brazil is implementing actions to fight nutritional and food insecurity, under-notification of births and difficulties in the access to basic documentation and social security. Regularization of civil documentation is under way, particularly in border areas, as well as active search and consultation for the inclusion of indigenous people in the Federal Government Single Registry of Social Programmes.

65. Formal education policy for indigenous peoples aims at promoting their right to an educational process based on the recognition and appreciation of social-cultural and linguistic diversity, autonomy and protagonism of indigenous peoples. Actions for the construction of adequate schools, capacity building and training of teachers, development of adequate bilingual courseware, school meals, definition of Ethno-Educational Territories and access to higher education are developed, implemented and assessed through the coordination among federal, state and local public agencies

.

66. The National Policy of Indigenous Peoples Health Care establishes actions for

integral indigenous health care and training in health, taking into account traditional

indigenous health practices. Measures in planning and coordinating the sanitation initiatives

and the establishment of health centres in indigenous areas were taken in coordination with

states, municipalities and civil society, respecting cultural specificities and epidemiological

profiles of each indigenous people. It also took into consideration the need to strengthen communities' social participation and monitoring

.

E. Migrants, refugees and human trafficking

Fighting human trafficking (Recommendations 98, 99, 100, 101, 102)

67. The II National Plan to Fight Human Trafficking (II PNETP)

seeks the prevention and repression of human trafficking, punishment of perpetrators and attention to victims. Its operative lines deal with the regulatory framework, public policies, capacity building, information sharing and public campaigns. The II PNETP involves 12 ministries and coordinates actions at federal, state and local levels, taking into account existing sectorial policies and the crosscutting nature of the fight of human trafficking. The II PNETP assessment document demonstrated an average progress of 82% in the implementation of its activities

.

68. Law 13,344/2016 provides for the prevention and repression of domestic and international human trafficking, including human trafficking for sexual exploitation, and measures of attention to victims. It added to the Penal Code the crime of human trafficking, whose punishment is increased if the crime is committed against children, adolescents and elderly people or if the victim is taken out of the Brazilian territory. It also foresees inter- sectorial preventive measures in the fields of health, education, work, justice, tourism, culture and human rights.

Migrants and refugees (Recommendation 170)

69. In 2015, 28,670 refugee applications were filed in Brazil, a 3,000% increase when compared with 2010, when 966 applications were registered

. Most of the applicants come from Africa, Asia (including the Middle East) and the Caribbean. In April 2016, 8,863 recognized refugees lived in Brazil, holding 79 different nationalities

.

70. In 2013, the National Committee for the Refugees – CONARE authorized the issuing by Brazilian consular authorities of a special visa for people affected by the conflict in Syria. In 2015, the measure was extended for 2 additional years and Brazil signed an agreement with UNHCR to enhance the visa issuing process in Lebanon, Turkey and Jordan.

71. Integration policies for refugees and migrants in Brazil were enhanced, although challenges remain. Partnerships between the Federal Government and state and local governments created reference and host centres for migrants and refugees in São Paulo, Rio Grande do Sul and Santa Catarina in 2014 and 2015. The Federal Government also signed agreements with civil society organizations in São Paulo, Rio de Janeiro and the Federal District providing financial support to assistance for refugees and refugee applicants. Brazil also implemented the Entrepreneur Refugee Project

and Portuguese courses through PRONATEC.

72. Bill 2,516/2015, currently being considered at the Parliament, will become, once approved, the new Migrants Law, replacing the Statute of the Foreigner of 1980. The Law will incorporate a human rights perspective to the issue.

73. In 2010, following the earthquake in Haiti, a significant migrant influx started,

reaching, in 2015, a total of 72,406 Haitians admitted to Brazil. In 2012, a special

protection category was created allowing Brazilian consular authorities to issue

humanitarian visas to Haitians. Such measure was extended until 2017. Since then, 48,361

visas were issued and 51,124 residence authorizations were granted to Haitians

.

F. Right to truth and reconciliation (Recommendations 124, 125, 126)

74. The Special Commission on Political Deceased and Missing Persons (CEMDP) was established to formally recognize persons who were killed or are missing because of acts perpetrated by public agents between 1961 and 1979. The CEMDP has already analyzed 480 requests of recognition and reparation, 362 of which have been granted. Currently, the CEMDP's actions aim at finding and identifying political missing persons. A special reference should be made to the Working Group Perus (GTP), which aims at identifying persons buried at the Dom Bosco cemetery, in São Paulo, and to the Working Group Araguaia (GTA), which aims at finding the remains of political missing persons in the area of the Araguaia River.

75. The Amnesty Commission

aims at providing economic reparation for victims of violations perpetrated during the military dictatorship. Since its establishment, the Commission has received 74,000 requests of reparations, of which 63,500 have been analyzed and 43,000 have been recognized as political amnestied, with or without economic reparation

.

76. The National Truth Commission (CNV)

was in place between 2012 and 2014. In its final report, it recognized the systematic grave human rights violations perpetrated by State agents between 1964 and 1985

. CNV has also recognized 191 political deaths and 210 political missing persons, having located 33 bodies, bringing the total number of fatal victims during the dictatorship to 434. 337 people acting on behalf of the State were identified as perpetrators.

77. The report presented 29 recommendations, underlining the need for institutional reforms, legal measures and follow-up of CNV action. Such recommendations aim at guaranteeing follow-up of investigation and reparation actions, as well as non-repetition measures.

78. In order to guarantee victims' right to justice, ten penal procedures were initiated by the Federal Public Prosecutor Office (MPF) based on juridical theses affirming that the Amnesty Law

and prescription period are not applicable to crimes against humanity and that kidnapping and concealing of body can be defined as having a permanent nature. It is important to note that applicability of the Amnesty Law is still under consideration by the Brazilian Supreme Court.

G. Freedom of expression and internet law (Recommendation 130)

79. Brazil’s Internet Bill of Rights

is a cornerstone, both because of its negotiating process – in which civil society played an important role

– and of its substance – principles and rules for Internet use in the country. Its following articles must be highlighted: article 8, which guarantees the rights to privacy and freedom of expression as a condition for the full enjoyment of the right to Internet access; and articles 3 and 9, that guarantee Internet neutrality in Brazil. In addition, the Cybercrime Law

was enacted in 2012. Remaining challenges refer to the effectiveness of the legal framework and to progress in other related areas, as the discussions in Parliament on data protection

and consumer rights and guarantees.

H. Judicial system and access to justice (Recommendations 31, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121)

80. In 2013, Constitutional Amendment 74 granted to the Office of the Union Public

Defender functional, administrative and budgetary autonomy. In 2014, Constitutional

Amendment 80 established an eight-year deadline to the Union, states and the Federal District for the provision of public defenders in all their jurisdictional units

.

81. Average annual budget of state public defender's offices went from R$ 68 million in 2009 to R$ 137 million in 2014. R$ 102 million of such amount comes from the Federal Treasury. Annual budget of the Union Public Defender's Office went from R$ 96 million in 2008 to R$ 365 million in 2014. The average number of public defenders per federate unit went from 190 in 2008 to 227 in 2014. There are, however, regional disparities

.

82. Efforts to enhance access to justice must also be mentioned: adoption of Law 12,726/2012, which established itinerant courts in low inhabited areas or to deal with conflicts in rural areas

; Law 13,140/2015, which adopted mediation as a means of dispute settlement and conflict resolution within the public administration; signing, in 2013, of the Protocol to Reduce Barriers of Access to Justice for Black Youth in Situation of Violence;

the Safer Brazil Programme to abbreviate inquiries and judicial procedures; establishment in courts of Permanent Centres of Consensual Methods for Dispute Settlement

; the Full Justice Programme, which provides for full access to procedures of social interest

; the Open Justice Programme

; and the Project for Diagnosis and Strengthening of State Justice

. Since 2014, the National Council of Justice (CNJ) exclusively uses electronic judicial procedures, abbreviating its length and reducing costs

. In 2014, most of the complaints addressed to the CNJ Ombudsman mentioned the length of procedures in the Brazilian justice

.

83. Seeking to strengthen the human rights culture within the judicial system, the Federal Government and the CNJ launched in 2016 the I National Contest of Judicial Rulings on Human Rights, whose categories took into account the most vulnerable groups in the society.

84. It is also important to underline the National Strategy to Fight Corruption and Money Laundering and international judicial cooperation actions in the fields of penal law, civil law and repatriation of assets, as well as Law 12,846/2013, which brings legal entities to account in the administrative and civil spheres for acts perpetrated against national or foreign public administrations.

85. Law 12,694/2012 defines a series of protective measures in favour of judges and public prosecutors. Currently, there are actors in the justice system under protection in the context of the PPDDH.

I. Preventing and combating torture (Recommendations 11, 12*, 13, 14, 15, 31, 59, 63, 64, 120, 122, 123)

86. In 2013, Brazil established the National System for the Prevention and Combat of Torture

. It comprises four bodies: the National Committee for the Prevention and Combat of Torture (CNPCT)

; the National Mechanism for the Prevention and Combat of Torture (MNPCT)

; the National Penitentiary Department; and the National Council of Criminal and Penitentiary Policy. The MNPCT is formed by 11 autonomous and independent experts, with a three-year mandate. The CNPCT is the body for civil society participation in the policy of prevention and combat against torture

. At state level, there are 18 committees and 2 mechanisms in place

.

87. The MNPCT has the legal competence to inspect places of detention, without

previous notice, in order to assess protocols and proceedings. It makes reports with

recommendations to public authorities. Since the beginning of its activities, in 2015, the

MNPCT has inspected approximately 50 detention places in 11 different states and in the

Federal District. Its reports are available at the SEDH's website

. Between April 2015 and

March 2016, the MNPCT has issued 813 recommendations, 65% of which on the prison system, 20% on the system to punish children and adolescents in conflict with the law and 15% on mental health units

.

88. Based on the Istanbul Protocol, the CNJ has regulated custody hearings

. It has reaffirmed such hearings as a means to prevent and combat torture and has created basic proceedings that need to be followed by judges.

89. The reports of the 2011 visit of the Subcommittee for the Prevention of Torture (SPT) to Brazil were made public in July 2012 and March 2014, followed by the Government's responses, respectively in February 2013 and March 2014. In 2015, Brazil received visits of the Special Rapporteur on Torture and the SPT. In spite of significant legal and institution progress, challenges remain in making existing policies and legal framework effective, as well as in fighting overcrowding and precarious detention conditions.

J. Public safety and extrajudicial killings (Recommendations 31, 59, 61, 62*, 65, 101, 103, 110, 120, 122, 123)

90. The National System of Information on Public Safety, Prisons and Drugs (SINESP)

aims at gathering, standardizing and treating data related to drugs, public safety, the prison system and criminal justice produced by all federate members

.

91. Taking into account the need to strengthen guidelines for the reduction of police killings because of excessive use of force, Law 13,060/2014 promotes priority use by security agents of instruments with lower offensive potential. The Executive branch has also submitted to the Parliament Bill 5,124/2016, which deals with criminal forensics and the inquiry in cases where the use of police force results in deaths or injuries. A resolution issued in 2015 by the National Council of Public Prosecutors (CNMP) establishes basic proceedings for the work of public prosecutors in the external monitoring of investigations on deaths resulting from the use of police force. In some states, the Office of the Public Prosecutor has created special units to investigate occurrences of violence and excessive use of police force.

92. In the same line, CDDPH’s (currently CNDH) Resolution 08/2012 recommends the end of the so-called “resistance reports” or “resistance followed by death” in police reports.

Resolution 06/2013 deals with human rights guarantee and non-violence in the context of public assemblies, as well as in the fulfillment of judicial orders aiming at maintaining or repossession. The Federal Government promotes the strengthening of internal audit bodies in charge of monitoring security agents’ actions. The National Forum of Police Ombudsmen (FNOP), linked to the SEDH, puts forward proposals to enhance the work of security and social defense agents in the promotion and protection of human rights. To that end, it develops monitoring and complaint follow-up tools; favours autonomy and independence of state police ombudsmen; and promotes the establishment of ombudsmen offices.

93. The Safer Brazil Programme, established in 2012 aims at reducing violent criminality based on cooperation between the Union and federal states. The Programme seeks to enhance investigative procedures; strengthen ostensible policing; bringing the State closer to the population; broader cooperation among public safety institutions, the prison system and the criminal justice system

.

94. The Plan to Prevent Violence against Black Youth foresees preventive actions to

reduce vulnerability of young afro-Brazilians ranging between 15 and 29 years old to

situations of physical and symbolic violence. Priority is given to states with higher murder rates, as well as 142 municipalities that concentrated 70% of murders registered in 2010.

95. In spite of the progress observed, reducing murders resulting from gun violence, whose main victims are black poor youth, remains a challenge

.

K. Prison system (Recommendations 65 to 78 and 110)

96. The National Survey on Penitentiary Data (INFOPEN)

, of 2016, shows that the penitentiary population in Brazil reached 622,202 persons in December 2014. 40% of the inmates are provisional prisoners. Brazil acknowledges the need to give priority to guaranteeing inmates’ rights, as established in United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), which are not yet adequately translated into public policies

.

97. Since 2013, DEPEN has been promoting policies to stimulate alternative punishment measures to incarceration

. In 2016, the National Policy of Alternative Punishment was launched

. Alternative measures can be applied to replace preventive incarceration and at time of the sentence’s execution. Implementation of such public policies are key elements to promote the necessary positive change in Brazilian prison units

.

98. The MS, together with the MJC, launched in 2014 the National Policy of Integral Health Care to People Deprived of Their Freedom in the Prison System (PNAISP)

. It aims at offering universal and equal access to health services for people deprived of their freedom. The Service of Assessment and Follow-Up of Therapeutic Measures Applied to People with Mental Disease in Conflict with the Law (EAP)

aims at adapting care standards to the singularities and needs of each case.

99. According to INFOPEN

, overcrowding in the Brazilian prison system stems from the increase, during the last decade, in the number of provisional detention and incarceration related to drug trafficking. Having the occupation rate of 161% as a backdrop, an increase of over 50% in the number of existing vacancies would be necessary to overcome such deficit

. This scenario not only affects inmates’ rights, but also makes the implementation of public policies more complex.

100. The implementation of the Custody Hearings Programme

, based on the Mandela Rules, represents an important step forward. The programme allowed for the implementation of such hearings in all states in order to guarantee that every citizen arrested in flagrante delicto is quickly presented before a judge who will assess the need for maintaining his/her detention, as well as identify possible signs of torture, ill-treatment or other illegal acts. It is also foreseen the creation of electronic monitoring centres, social assistance and services centres and penal mediation chambers

.

101. Data from the CNJ shows that the Custody Hearings Programme resulted in a 50%

reduction in the number of provisional detentions

. This is an essential initiative, especially in view of INFOPEN 2016 data that show that the rate of deaths per 100 thousand people among the prison population in Brazil is 95.23, more than three times the average rate of the Brazilian population (29.1)

. Such figure indicates that there are concerning flaws in the prison system related both to structural, sanitary and health conditions and to physical violence and overcrowding.

102. Ombudsman offices are an important element within the system. The National

Ombudsman of the Prison System’s Office, established under the DEPEN structure,

received in 2013 a monthly average of 2.1 thousand communications. Most of them were

complaints referring to negligence, ill-treatment, torture and degrading treatment.

103. DEPEN is also broadening and enhancing training of federal and state penitentiary agents. Training includes sessions on human rights, prison intelligence, safety in prisons and crises management. Since its establishment, in 2012, the National School of Penal Services has already offered 40 thousand vacancies

.

104. In 2016, DEPEN Information System (SISDEPEN)

was included in INFOPEN.

SISDEPEN is a national digital platform to follow-up penal executions, precautionary detentions and safety measures. It allows for the development of individualized profiles of people deprived of their freedom. It aims at preventing inappropriate extension of detention measures. According to INFOPEN 2015, approximately 60% of provisional detainees were in custody awaiting trial for more than 90 days.

105. Offering job opportunities and education is another issue of concern. The Penal Execution Law establishes that people who were sentenced in an enclosed or semi-open regime can reduce part of their detention time in exchange of work or education activities.

However, INFOPEN 2016 shows that only 11% of detainees are involved in formal education activities and 20% in work related activities.

106. CNJ launched in 2012 the Female Detainee Booklet

aiming at providing guidelines to the female prison population on their rights. In 2014, DEPEN, SPM and state secretariats established the National Policy of Attention to Women Deprived of their Freedom and Former Inmates (PNAMPE)

. It will benefit more than 37 thousand female inmates

. Considering that between 2000 and 2014 there was a 567% increase in the female prison population, which is higher than the increase of the general prison population

, such initiatives are especially important.

107. In conformity with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules), Brazil implements policies to enhance women’s conditions within the criminal and prison system, as well as actions dedicated to pregnancy and maternity in prisons. Law 12,962/2014 guarantees periodic visits of children and adolescents to their detained parents and ensure that detained parents will not be deprived of their family power. The current scenario shows the need to advance in this area, since, for example, only 34% of female prisons and 6% of male- female units have adequate cells for pregnant women and only 5% of female units have day-care facilities whereas none of the male-female units offers such service.

L. Children and adolescents (Recommendations 33, 98, 99, 103, 138 and 140)

108. The 1990 Child and Adolescent Statute (ECA) is a legal landmark for the comprehensive protection of children and adolescents. The ECA's 25

Anniversary Report

(2016) highlights the achievements in this area, but also recognizes current challenges. Examples are the level of schooling amongst teenagers and high adolescents’

homicide rates, especially among young black males

. According to the National Ombudsman’s Office, violations against children and adolescents constitute the majority

of cases reported through the Dial 100 service.

109. State action in this area is also guided by the 2011 10-Year Plan for the Rights of

Children and Adolescents. The National Policy on the Rights of Children and Adolescents

informs the functioning of the System of Guarantee of the Rights of Children and

Adolescents (SGD)

and is included in the National Multiannual Plan for 2016-2019

.

110. The Brazilian Government has developed strategies to engage various stakeholders,

such as the Convergence Agenda for the Integral Protection of the Rights of Children and

Adolescents

, Live Young

, and the Constitution Charter of Strategies in Defence of the Rights of Children and Adolescents

.

111. The Convergence Agenda has innovated by creating an application for smartphones called Protect Brazil

, which enables people to report violations online, and by launching the campaign Respect, Protect and Guarantee – All Together for the Rights of Children and Adolescents

, which aims to raise awareness about the need to monitor and report any suspected violation of rights.

112. New legislation has been implemented, such as: Law 13,010/2014, which establishes the right of children and adolescents to be educated and cared for without the use of physical punishment or cruel or degrading treatment; and Law 12,978/2014, which establishes that enabling sexual exploitation of children or adolescents is a heinous crime;

and Law 13,257/2016, which establishes public policies for early childhood.

113. Other important initiatives to fight the sexual exploitation of children and adolescents are: the revision of the 2013 National Plan to Fight Sexual Violence against Children and Adolescents (PNEVSCA)

and the ongoing implementation of the Integrated and Reference Actions Programme (PAIR)

. Efforts to advance the protection are still fundamental: in the first months of 2016, 4,953 cases were reported via Dial 100

. 114. The ECA and the Law 1,594/2012, which established the National System of Socio- Educational Assistance (SINASE)

, constitute the legal framework for the implementation of measures aimed at minors who break the law. The 2015 report from the National Public Prosecutor's Council

highlights the current challenges of this system, such as:

overcrowding; lack of infrastructure for educational and vocational training; facilities below standard; and insufficient provision of health care. The current challenges therefore include the full implementation of the ECA and the SINASE Law directives, as well as other public policies

.

Child labour (Recommendations 104, 105 and 109)

115. Between 1992 and 2015, the number of children and adolescents working has decreased from 5.4 million to 1.1 million, according to data from the National Household Sample Survey (PNAD), which represents a decline of 80%.

116. The Constitution Charter, coordinated by the SEDH, presents four strategic axes of policy, of which one is aimed specifically at eradicating child labour

.

117. From 2013 onwards, the Child Labour Eradication Program (PETI)

incorporated the benefits of the Unified Social Assistance System (SUAS)

, which aims to accelerate the actions established on the National Plan for the Prevention and Eradication of Child Labour and Protection of the Adolescent Worker

and on the Constitution Charter. The PETI aims to remove people under 16 from the labour market by financially supporting lower income families and by offering guidance through services

such as the Service of Coexistence and Strengthening of Links (SCFV)

.

118. In 2013, Brazil hosted the III Global Conference on Child Labour, reaffirming its commitment to combat child labour. In 2014, Brazil signed the Declaration of the Constitution of the Latin American and Caribbean Regional Child Labour Free Initiative

. Homeless children (Recommendations 108 and 109)

119. Since 2012, the National Secretariat for the Promotion of the Rights of Children and

Adolescents (SNPDCA) has been engaging with civil society and has encouraged the

participation of street children in the discussions. This coordination aims to guarantee,

within the National Policy for Homeless People

, special attention to children and

adolescents.

120. The Specialized Centres for Social Assistance (CREAS)

and the Specialized Centres for Homeless People support street children and adolescents and provide specialized and continuous guidance to individuals and families whose rights may have been violated.

121. In 2016, the National Council for Social Assistance (CNAS) and the National Council for the Rights of Children and Adolescents (CONANDA) approved the Joint Resolution 1

, which includes specific guidelines for the assistance, education and healthcare of street children in the Reception Services for Children and Adolescents.

122. The Reception Services

offer actions aimed at children and adolescents who are under protective measures by judicial order, who have had their rights violated and who do not receive care from their families

.

Birth registration (Recommendations 128 and 129)

123. The Brazilian Government is committed to giving everyone access to birth certificates

with its National Mobilization for Birth Certificates

initiative.

124. In the past five years, the national average of unregistered children declined by more than 50%. The percentage of children that were not registered kept falling: it was 20.9% in 2002, 12.2% in 2007, 6.6% in 2010 and only 1% in 2014, according to IBGE’s data.

125. This achievement derives from the implementation of specific public policies, such as: the establishment of registry offices in health clinics and hospitals; the establishment of state and municipal committees to implement the birth registration policies; the establishment of the National Civil Registry Information System (SIRC)

; campaigns to raise awareness; and the expansion of indigenous people's birth registration

.

M. Right to health (Recommendations 146, 147, 148, 149*, 151 and 152)

126. The Systemic Inspection Report, published by the Brazilian Court of Audit (TCU) in 2014

, found that overcrowding of hospital emergencies, insufficient numbers of health professionals and infrastructure deficiencies are some of the Brazilian national health service’s problems. In a report published in 2016

, the TCU reported concern about delays in cancer treatments and the increase in the number of people seeking public health care outside their home state.

127. The National Policy of Primary Attention (PNAB)

, in 2015, was responsible for expanding the health care coverage in Brazil: more people now have access to the Family Health Teams (SF) and the Community Health Professionals (ACS). In 2016, the Family Health Strategy was present in 5,481 municipalities

. In addition, 66.44% of the population had access to the ACS services.

128. Within the scope of the Stork Network (RC)

, membership reaches 248 health regions. More than 98% of the Brazilian municipalities have joined the Network and have been improving attention to prenatal, childbirth and the puerperium. In 2016, 1091 neonatal units were qualified: 209 Neonatal Intensive Care Units, 709 Conventional Neonatal Intermediate Care Units and 173 Kangaroo Neonatal Intermediate Care Units (NICU).

129. In 2012, the MS published the Protocol for the Use of Levonorgestrel in Emergency

Hormonal Contraception

, a strategic input in preventing unwanted pregnancies and

consequently unsafe abortions. Brazil has made significant progress in this area and,

between 1990 and 2013, the number of deaths linked to childbirth and pregnancy was

reduced by 43%

.