{"id":34940,"date":"2022-02-25T19:18:38","date_gmt":"2022-02-25T19:18:38","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=34940"},"modified":"2022-03-09T17:55:00","modified_gmt":"2022-03-09T17:55:00","slug":"the-areas-where-brazil-is-in-breach-of-the-international-covenant-on-civil-and-political-rights","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/the-areas-where-brazil-is-in-breach-of-the-international-covenant-on-civil-and-political-rights\/","title":"The areas where Brazil is in breach of the International Covenant on Civil and Political Rights","content":"

In 1948, ravaged by the horrors of two world wars in a relatively short space of time, several countries came together to form the UN (United Nations). With the brutality of Nazism still in recent memory, the idea was to guarantee an environment of peace in which no human being would have their rights violated. This was the context in which the Universal Declaration of Human Rights was born. <\/span><\/p>\n

Containing 30 concise articles, the declaration to this day inspires international treaties and domestic legislation in several countries. \u201cThe document is important because, for the first time, it was recognized that human rights and fundamental freedoms apply to all people, regardless of nationality,\u201d said Gustavo Huppes, international advocacy advisor at Conectas.   <\/span><\/p>\n

Despite its importance, the limited scope of its articles increased the need for treaties to flesh out the two sets of rights outlined in the document: civil and political rights and economic, social and cultural rights. As such, 1966 saw the creation of the International Covenant on Civil and Political Rights \u2013 which has been in effect since 1976, when the minimum number of 35 accessions was achieved. <\/span><\/p>\n

Brazil only ratified the document in 1992, after which it assumed responsibility for protecting the fundamental rights contained therein.<\/span><\/p>\n

This year, the implementation of the Covenant in Brazil is undergoing a review process, which includes the participation of the members of the Human Rights Committee \u2013 responsible for supervising the implementation at the global level \u2013 and civil society. Conectas is participating in this process and has submitted reports to the Committee on Brazil\u2019s review.<\/span><\/p>\n

To understand the relevance of the Covenant and the review process, we have prepared some questions and answers.<\/span><\/p>\n

What is the International Covenant on Civil and Political Rights?<\/b><\/h2>\n

The ICCPR is an international treaty that offers a number of protections of civil and political rights. Its signatories agree to commit to preserving basic human rights, such as: the right to life and human dignity; equality before the law; freedom of expression, assembly and association; religious freedom and privacy; freedom from torture, mistreatment and arbitrary detention; gender equality; the right to a fair trial; family life and the family unit; and rights of minorities. <\/span><\/p>\n

What is the Human Rights Committee? <\/b><\/h2>\n

It is a committee formed by 18 independent and recognized experts in the field of human rights. It was set up to monitor the implementation of the ICCPR. Its members are elected for four-year terms from among the countries that have ratified the treaty. Current members, elected in 2019, are from Albania, Canada, Chile, Egypt, France, Germany, Greece, Guyana, Israel, Japan, Latvia, Mauritania, Paraguay, Portugal, Slovenia, South Africa, Tunisia and Uganda.<\/span><\/p>\n

How does the review work?<\/b><\/h2>\n

States that are party to the Covenant must periodically report to the Committee with their own assessment of the implementation of the treaty at the national level. Once the report is submitted, a review cycle begins wherein the Committee members evaluate the document sent by the country and consultations are then held with civil society, which submit their own reports. After an initial assessment of the report submitted by the State, the Committee issues a list of topics it considers most important to address in the review process. After the publication of the list of topics, the State must send a new report responding to the questions and requests for detailed information on the topics listed as priority. The reports are then discussed in a dialogue between State representatives and Committee members, who also meet with civil society. Finally, once the process is complete, the Committee submits its conclusions and recommendations to the State, which should implement them over the course of the next review cycle.<\/span><\/p>\n

What reports are submitted to the Human Rights Committee? <\/b><\/h2>\n

The Committee meets three times per year for a three-week session at the Office of the United Nations in Geneva, Switzerland. Every four years, the countries that have ratified the ICCPR are required to submit reports, in accordance with the guidelines of the treaty. The documents are evaluated by the Committee in public meetings, where concerns and recommendations are expressed. <\/span><\/p>\n

What is addressed in the reports submitted to the Human Rights Committee by Conectas?<\/b><\/h2>\n

There are six documents, which, based on the articles of the ICDCP, raise questions about violations in the following areas: 1) slave labor; 2) migration; 3) institutional violence; 4) indigenous peoples; 5) human rights defenders; 6) civic space. What follows is a sample of what appears in the reports. <\/span><\/p>\n

Slave labor:<\/b> according to Brazil\u2019s Labor Inspection Information and Statistics Panel, 4,773 workers were rescued from slave labor conditions between 2017 and 2021. Nearly 80% were black men born in the Northeast of the country. In 2021 alone, 1,937 workers were rescued, exceeding the total number of people released in 2020 (936), which demonstrates a worsening of the situation that was also exacerbated by the COVID-19 pandemic. <\/span><\/p>\n

Since 2014, public bodies such as the Labor Inspection Department have faced severe budget and personnel cuts, impacting the number of inspections and leaving workers in remote regions more vulnerable. Additionally, using the pandemic as an excuse, bills have been presented to Congress that propose to change the concept of slave labor and reduce the fundamental rights of the working class. <\/span><\/p>\n

Read more: <\/b><\/p>\n