The President of the Republic, Jair Bolsonaro, promulgated the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. THE text, approved by the Senate in February last year, was published today (11) in the Official Diary of the Union (DOU). With the publication, the convention is incorporated into the national legal system and has the status of amendment to the Federal Constitution.
The convention was adopted in July 2013 by the General Assembly of the Organization of American States (OAS), at a meeting held in Guatemala. The text defines that the member countries of the OAS must adopt the commitment to “prevent, prohibit, punish and eradicate racism, racial discrimination and all forms of related intolerance”.
States further undertake to adopt special measures or policies and affirmative actions “necessary to ensure the enjoyment or exercise of the fundamental rights and freedoms of persons or groups subject to racism, racial discrimination and related forms of intolerance, with the aim of promoting conditions equitable arrangements for equal opportunity, inclusion and progress for these people or groups.”
The convention further provides that such measures or policies will not be considered discriminatory or inconsistent with the purpose of the convention, will not result in the maintenance of separate rights for distinct groups and will not extend beyond a reasonable period or after they have achieved their purpose.
In accordance with the convention, States parties shall formulate and implement policies whose purpose is to provide equitable treatment and generate equal opportunities for all persons. These include educational policies, labor or social measures, or any other type of promotional policy, and the dissemination of legislation on the subject through all possible means, including the mass media and the internet.
The text also says that the State’s legal and political systems must adequately reflect the diversity of its societies, “in order to meet the legitimate needs of all sectors of the population.”
The convention determines that the State must guarantee to victims of racism, racial discrimination and related forms of intolerance equitable and non-discriminatory treatment, equal access to the justice system, prompt and effective proceedings and fair reparation in the civil and criminal spheres, as appropriate.
In order to monitor compliance with the convention, the State must create a national institution that will be responsible for monitoring compliance with the envisaged measures.
An Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance will also be established. This committee will be composed of an expert appointed by each State Party, who will exercise their functions independently and whose task will be to monitor the commitments assumed in the convention.
Furthermore, the convention further provides that any person or group of persons, or non-governmental entity legally recognized in one or more OAS member states, may submit petitions to the Inter-American Commission on Human Rights containing denunciations or complaints of violation of this convention by a State Party.
