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