REPORT Nº 84/06 1 PETITION 1068-03 ADMISSIBILITY NEUSA DOS SANTOS NASCIMENTO AND GISELE ANA FERREIRA BRAZIL October 21, 2006 I. SUMMARY 1. On December 8, 2003, the Instituto da Mulher Negra (Geledés) submitted a petition against the Federative Republic of Brazil (hereinafter “Brazil,” “the State,” or “the Brazilian State”) to the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR). The petition alleged violations of Articles 1 and 24 of the American Convention on Human Rights; Articles 3, 6, and 7 of the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights (Protocol of San Salvador); Articles 1 and 2 of the International Convention on the Elimination of All Forms of Racial Discrimination; and Articles 2 and 3 of Convention 111 of the International Labor Organization, to the detriment of Ms. Neusa dos Santos Nascimento and Ms. Gisele Ana Ferreira. 2. The State provided information alleging that domestic remedies have yet to be exhausted, that the IACHR is not competent to take cognizance of matters arising under the Protocol of San Salvador, the International Convention on the Elimination of All Forms of Racial Discrimination, and the International Labor Organization. In addition, it asserted that there was a favorable judgment in relation to the victims’ claims. 3. After analyzing the petition, and in keeping with Article 46.2.c of the American Convention on Human Rights, the IACHR decided to find the petition admissible with respect to possible violations of Articles 1, 8, 24, and 25 of that treaty. The Commission also decides to notify the parties of this decision, and to publish it in its Annual Report to the General Assembly of the Organization of American States. II. PROCESSING BEFORE THE COMMISSION 4. On December 8, 2003, the IACHR received the complaint against the Brazilian State. On March 18, 2004, the IACHR notified the Federative Republic of Brazil, giving it two months to respond. On January 19, 2006, the Brazilian State submitted its views on the complaint, which were accepted by the IACHR even though they were not submitted in timely fashion. Thus, the arguments were received without prejudice to the State. The petitioner then had a period to respond to those arguments, which it did on March 13, 2006. On July 28, 2006, the Brazilian State made a new submission, and the petitioner was notified and given an opportunity to answer the latest arguments put forth by the Brazilian State. On September 6, 2006, the petitioner’s response was received at the IACHR's Secretariat. III. A. THE PARTIES’ POSITIONS Petitioner 1 Commissioner Paulo Sérgio Pinheiro did not participate in the vote, as it is a complaint regarding the Brazilian State, in keeping with Article 17 of the IACHR’s Rules of Procedure.