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
toxicological studies by Ambios to suppress disclosure. In September of 2018, the CIF
revoked Renova Foundations determination of intellectual property on the studies and no
ownership clause allows the Renova Foundation to omit the studies data.
75.
The August 2019 oil spill, reaching Northeast and Southeast Brazil, has been termed
the worst oil spill in Brazil’s history.134 Calls for transparent, independent and comprehensive
investigation into the cause and consequence of the spill ensued.135 Still without reliable
information, affected communities struggle in the face of reputational impacts, unable to sell
their produce at the markets, forced to consume fish they fear is contaminated, suffering
severe distress from the impact on their livelihood and possible future health consequences.
76.
There is a consistent pattern of not providing advance notice of spraying or
information about pesticides used. For example, landless workers decried that the only
‘notice’ received is a cloud of chemicals above their encampments.136 Underreporting of
pesticide poisoning is a major concern, where for each case notified, 50 remain unreported. 137
Medical professionals are inadequately trained to diagnose pesticide poisoning. In several
places, particularly rural areas, access to the health system and viable laboratory tests for
exposure studies is limited or non-existent. In some instances, respondents reported that the
health system is not prepared to facilitate registration of poisoning. Consequently, there is no
registration of a vast majority of acute incidences.138 For those reported, there is a lack of
transparency hindering public health analyses.
77.
The absence of hazard and use information on industrial chemicals is another violation
of the right to information, impeding realization of various other human rights. Tens of
thousands of industrial chemicals lack basic health information. As mentioned, in 2019 the
new administration unfortunately abandoned significant work to develop systems equivalent
to OECD members.
78.
There remains inadequate capacity and resources with the various institutions tasked
with monitoring and enforcement. Imposing cost recovery systems on regulated industries to
increase capacity is needed. Monitoring of pesticide use in Brazil is grossly inadequate
considering consumption, with aforementioned consequences. Brazil’s Ministry of Health
program (VIGIÁGUA), created in 2011 to regulate and monitor drinking water quality only
monitors 27 pesticide active ingredients, even though over 2000 active ingredients are
permitted for use.139
79.
Where it is not ignored, science is under attack in Brazil. Instead of building capacity,
the Government is defunding institutions responsible for identifying environmental and
health problems. Various public institutions in need of capacities to conduct studies on toxics
and their health effects, already faced challenges such as funding cuts and other undermining
efforts.140 Support to community members for active participation in research can contribute
to improved public participation,141 adopting inexpensive methods and equipment, to bridge
the gap where minimizing exposure has been lacking. 142
80.
Troubling are reports of political interference at various levels to suppress collection,
sharing, or publication of health data. A recent example is taking offline the health ministry’s
134
135
136
137
138
139
140
141
142
16
Paulo Gilvane Lopes Pena et al (2020) https://www.scielo.br/pdf/csp/v36n2/en_1678-4464-csp-3602-e00231019.pdf.
Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (SRESCER) of
IACHR (11 Nov 2019).
Movimento dos Trabalhadores Rurais Sem Terra (MST) (2019).
Wanderlei Antonio Pignati et al (2017) https://www.scielo.br/scielo.php?pid=S141381232017021003281&script=sci_arttext&tlng=en.
Juliana Dalbó et al (July 2019) https://doi.org/10.1590/1413-81232018247.19282017.
Aliança pela Alimentação (2019); Auria M. C. Barbosa et al (2015) doi: 10.3389/fpubh.2015.00246.
João Paulo Amorimde Lacerda (January 2019)
https://www.sciencedirect.com/science/article/pii/S0160412018320105.
Carvalho, LVB, Rocha, F, Finamore, R . (2019 / Dec)
http://www.cienciaesaudecoletiva.com.br/artigos/vigilancia-popular-ambiental-e-siderurgia-asexperiencias-de-piquia-de-baixo-ma-e-santa-cruz-rj/17475?id=17475.
Angélica B. Ferreira et al (20 September 2017) https://doi.org/10.3389/fpls.2017.01575;
https://www.frontiersin.org/articles/10.3389/fpls.2017.01575/full.
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