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
(n)
Develop time bound plans to urgently reduce pesticide and toxic industrial
chemical use and exposure, including:
(i)
Ban aerial spraying especially over inhabited areas;
(ii)
Phase out the use of highly hazardous pesticides, including glyphosate and
atrazine, and toxic industrial chemicals, prioritizing those already banned or
restricted in OECD countries;
(iii) Enforce buffer zones and installing mandatory monitoring devices around
schools and residences and on spraying vehicles;
(iv) Abandon de-regulatory legislative proposals including the “poison
package,” and embed a hazard-based approach to pesticides in law;
(v)
Align regulatory framework with OECD standards and best practices,
including performance of monitoring and review;
(vi) Phase-out the import of hazardous substances forbidden from use in the
country of export.
(o)
Ensure all tailing dams are safe, and every community living downstream
from a tailing dam is consulted on plans to eliminate the risks, and each individual is
fully supported should they wish to relocate;
(p)
Mitigate climate change and air pollution by:
(i)
Taking comprehensive measures to stop deforestation including
addressing forest fires, and creating a targeted plan to transition to renewable
energy sources other than large scale hydroelectric dams;
(ii)
Mapping socio-economic data against independently generated pollution
data, to reduce disproportionate health impacts on poor, indigenous, AfroBrazilian and other marginalized communities from pollution.
(q)
Protect indigenous peoples, minorities and the poor by:
(i)
Respecting the right of indigenous peoples to self-determination, including
the implementation of UNDRIP in national laws;
(ii)
Refraining from legalizing natural resource extraction indigenous lands
without their consent, and ensuring criminal sanctions are issued for land
grabbers and polluters;
(iii) Providing sufficient funding and resources to protect the Yanomami and
other indigenous communities from toxic impacts of ASGM, pesticides, mining,
and other sources of exposure, as well as covid-19;
(iv) Addressing deficiencies in ensuring equality under the legal framework to
prevent exposure, including indigenous peoples, Afro-Brazilians, quilombola,
and other marginalized communities at risk.
101.
The Special Rapporteur recommends that businesses:
(a)
Eliminate investments or linkages in their supply/value chains to areas of
Brazil where human rights defenders are under attack or abuses of rights are
documented among individuals or communities;
(b)
Establish and implement human rights due diligence processes including
in relation to exposures to hazardous substances and wastes;
(c)
Guarantee meaningful consultations with communities impacted by the
lifecycle of production and consumption.
(d)
Engage in efforts towards ensuring access to justice, including adhering
to legislative and judicial provisions concerning providing remediation. Specific
recommendations in this regard include an urge for Samarco and the Renova
Foundation to facilitate release of pertinent information to the public concerning
research activities and their health and environmental impacts; and for Vale and
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