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
situation in Brazil stands to spiral into not only a national catastrophe, but also one with
phenomenal regional and global repercussions, including the destruction of our climate.
International cooperation is required to help turn Brazil back toward a path of
progression. The Special Rapporteur sincerely hopes that the tide will turn – that Brazil
will return to the path of sustainable development – with human rights at its heart.
99.
In this context, the Special Rapporteur recommends that the UN Human Rights
Council:
(a)
Hold an inquiry into the current human rights situation in Brazil with a
special focus on environmental, public health, and labour protections, and human
rights defenders, drawing in particular on the expertise of Special Procedures;
(b)
Hold a special session on the protection of the Amazon rainforest and
human rights, ensuring the active participation of all stakeholders.
100.
The Special Rapporteur recommends that the Government:
(a)
Establish permanent bodies of fully independent experts to help:
(i)
Decouple economic growth from environmental degradation, in
particular reducing reliance on industrial agriculture and extractive industries;
(ii)
Advise on all natural, physical and social, scientific matters relating to
environmental and occupational risks;
(iii) Ensure decision-making regarding hazardous substances is grounded in
evidence, or lack thereof, and principles of international law such as prevention
and precaution;
(iv) Create safeguards against corporate capture, corruption and conflicts of
interest within Government, including investigation of such allegations and
enhanced protection of whistle-blowers.
(b)
Urgently mobilize resources and capacity to monitor and enforce all
environmental and occupational protections, collecting fees from responsible industries
and eliminating self-monitoring by any regulated industries or entities chosen by
business enterprises;
(c)
Implement the principles on protection of workers from exposure to toxic
substances as encouraged by the Human Rights Council166
(d)
Elevate standards of environmental and occupational protection to equal
or greater than all trading partners to stop the abuse of Brazil’s people and their lands;
(e)
Align the National Council for Human Rights with the Paris Principles;
(f)
Ratify the ILO conventions on occupational safety and health, and the Ban
Amendment to the Basel Convention, while reaffirming Brazil’s international solidarity
and commitment to international laws, including the Paris Agreement;
(g)
Require mandatory human rights due diligence of all business enterprises
in Brazil, including for abuses due to toxic exposures and pollution;
(h)
Implement timely, well-coordinated and effective emergency response
mechanisms for environmental and occupational disasters, including forest fires, oil
spills, and industrial accidents;
(i)
Review all legislation relating to hazardous substances and wastes to
ensure best interests of the child are the primary consideration (per UN CRC);
(j)
Ensure environmental and occupational health and safety information is
available, accessible and in a form that considers the needs of the most vulnerable,
ensuring inter alia:
166
20
A/HRC/RES/42/21.
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