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 34. Brazil once made significant and commendable progress in curbing deforestation, with an 82% drop in the ten years leading up to 2014, designating protected areas, strengthening law and enforcement, and implementing satellite imaging.64 35. Today, Brazil is on a dangerous path of rampant deforestation. Since 2014, deforestation has increased.65 In 2018, the deforestation rate of the Brazilian Amazon forest was the highest recorded in the past 10 years.66 Levels of deforestation have remained at elevated levels since. 36. Grossly insufficient measures have been applied to address the increases. 67 The Government stands accused of encouraging these human rights violations, through a lack of monitoring or enforcement – where those responsible for environmental destruction walk free, and those who depend on the environment for their livelihoods continue to suffer immensely.68 Disturbingly, the oversight of indigenous lands and the forestry service was transferred to the agriculture ministry in 2019, which stands accused of promoting deforestation for agricultural expansion. Enforcement of what appears to be a large-scale criminal operations, such as in perpetration of the Amazon fires, is virtually non-existent.69 Treated as a petty offence and seldom as criminal activity, perpetrators appear empowered with impunity.70 Industrial chemicals 37. Unnecessary and unquestionably toxic industrial chemicals remain unregulated. Multifaceted regulatory gaps are poisoning workers, communities near and “downstream” of manufacturing facilities, and consumers. The cost of inaction on industrial chemicals includes the pain and suffering of victims and their families, and a tremendous economic burden on the Unified Health System.71 38. In 2018, Brazil’s chemical industry accounted for 10% of its GDP and was the eighth largest in the world.72 Many of these toxic pollutants have or are in the process of being more strictly controlled internationally because they do not readily degrade, bio accumulate in people, and have profound adverse health consequences across entire populations exposed through food, water, air and consumer products. For example, over 4,000 “forever chemicals” will persist in the environment indefinitely, and remain available for use in Brazil, whereas the EU is moving to restrict over 4,000 at once. 39. Until 2019, Brazil was making significant process in aligning chemical management standards to international best practices, including the OECD, thanks to dedicated civil servants. However, after the change in administration, the necessary strengthening of chemical legislation was abruptly aborted. This was an incomprehensible dereliction of duty -- not only failing to address ongoing violations from toxic chemicals, but also wasting significant resources invested and the opportunity for tremendous savings for the Unified Health System. 40. A significant opportunity still exists with respect to Brazil’s draft law on the inventory, evaluation and control of chemicals. Legislative discussions at the Congress should ensure the outcome of chemicals management regulations establishes a system with strict controls, 64 65 66 67 68 69 70 71 72 OECD (2018) p 49 https://www.oecd.org/economy/surveys/Brazil-2018-OECD-economic-surveyoverview.pdf. Id. p 51. UN (2019) p 98 https://sustainabledevelopment.un.org/content/documents/24797GSDR_report_2019.pdf Id. HRW (17 September 2019). HRW (17 September 2019) . OECD (2018) p 45 https://www.oecd-ilibrary.org/docserver/9789264291652en.pdf?expires=1590687519&id=id&accname=guest&checksum=22218887ABE388F339B3CA9BA F50544D; HRW (17 September 2019). UNEP (2012 and 2019). ABIQUIM, Deloitte (2018) https://www2.deloitte.com/content/dam/Deloitte/br/Documents/energyresources/Deloitte-Abiquim-Chemical-Sector.pdf. 9