Visit to Brazil, Report of the Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes
lives.161 For example, José (Zé) Maria do Tomé, a community member actively involved in
drawing attention to pesticide poisoning through water, was shot 25 times and killed under
mysterious circumstances, five months after a bill banning aerial spraying of pesticides was
passed into law.162
93.
Brazil is not doing enough to ensure that where human rights defenders are killed,
threatened, or coerced, those responsible are brought to account. Criminal syndicates
including those connected with exploitation on indigenous lands and territories carry on their
activities with impunity, and perpetrators instead are glorified as those bringing about
development.163 For example, reports abound of harassment and deaths of indigenous leaders
of the Yanomami community, among other indigenous communities agitating for cessation
of activities carried out without their FPIC, and with political backing with the excuse of
bringing development to the region. Over 300 people have been murdered from 2009 to 2019
in relation to land and resource conflicts in the Amazon, many by perpetrators of illegal
logging, yet only 14 cases have gone to trial.164 Failing to address this impunity entrenches a
notion that such human rights violations can be condoned.165
VIII. Conclusions and recommendations
94.
Brazil was for many years a leader in the recognition of environmental rights.
For example, Brazil was among the first countries to secure such rights in its
constitution, collectively enshrining the right to a healthy environment. Over the years,
enactment of environmental health laws, the establishment of IBAMA and the
concentration of ANVISA on environmental health issues have supported the
realization of these rights for the general population and additional protections for
vulnerable groups.
95.
Despite positive advancements in recent decades, Brazil is in a state of deep
regression from human rights principles, laws, and standards, in violation of
international law. To support its actions and inactions, the Government continues to
deny incontrovertible scientific truths, and unjustifiably introduce uncertainties and
mythical arguments. From the burning of the Amazon, to the insidious threats of toxic
pollution and infectious diseases, it appears Brazil has absconded from its duty to
prevent and protect, eviscerating necessary institutions and clamping participation and
expression by intimidating those who dare speak against current trends, whether
activists, scientists, international leaders, or Ministers.
96.
Private actors are signalled to disregard laws designed to safeguard the global
commons and the rights of indigenous peoples and persons of African Descent.
Corporate crimes against workers and communities are perpetrated with impunity, and
the rights to information and participation scaled back drastically. Various judicial and
parliamentary decisions are unimplemented where unfavourable to private interests.
Inflammatory rhetoric, a rejection of sustainability, and failure to prosecute has flamed
another epidemic, one of intimidation, attacks, and murder of human rights defenders.
97.
For these and more resultant human rights issues, solutions are at hand. Brazil
has the technical and economic capacity to transition to a greener, healthier future.
However, Government leaders are now using the COVID-19 crisis to further accelerate
deregulatory and private sector agendas that threaten our common future and the
human rights around the world, instead of recognizing and rectifying an
unquestionable national crisis with global ramifications.
98.
Brazil’s separation from international solidarity, and regression from its human
rights obligations, require urgent attention and recalibration. If left unchecked, the
161
162
163
164
165
Aliança pela Alimentação (2019).
Id. ; State of Ceara by State Law N. 16.280 of January 20, 2019.
Movimento pelas Serras e Águas de Minas, Movimento pela Preservação da Serra do Gandarela
(2014).
HRW (17 September 2019).
A/74/159 para 2 – 4.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents