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
and healthy environment and interrelated rights. 121 Health and safety information must be
available and accessible, and not under any circumstances be considered confidential. 122
Brazil has made various strides in this regard, including through federal access to
information laws, and institutions including the National Environmental Information System
(SINIMA), and the Brazilian Geographical and Statistical Institute (IBGE). 123 Positive
developments in air quality monitoring in Brazil include establishment of monitoring stations
in the 1970s in urban areas, and over time the increase of such stations in other parts of the
country.124 The Health Surveillance Program for Populations Exposed to Pesticides
(VISPEA) provide data on pesticide exposure,125 and the Guidelines for Diagnosis and
Treatment of Pesticide Poisoning support detection and registration of poisoning
incidences.126 Fiocruz has been instrumental in presenting interdisciplinary information that
has helped strengthen the Unified Health System,127 and collaborating with the PACS
Institute and communities on air and water pollution, exchanging information with other
organisations and participating in political mobilisation for action .128
71.
72.
Data collection and dissemination processes should be independent to instil trust,
protect the integrity of institutions and ensure concerns are acted upon. 129 The reliance on
company-reported data in the Brumadinho disaster led to the Government’s failure to identify
the risk of collapse.130 Various technical reports produced for Vale from 2003, in 2017 and
2018, only months before the collapse, identified the need to adopt risk mitigation
measures.131 Vale is believed to have kept secret health and safety studies concerning the
toxicity of the mud, such as those of contaminated search dogs. Similarly, with the Mariana
dam collapse, safety information before, during and after the disaster was dominated by the
companies leading to an underestimation of potentially affected persons in the environmental
impact assessment, inadequate mitigation measures, and a deep distrust among community
members regarding virtually every aspect of the disaster.132
73.
The communities in Piquiá de Baixo suffered from a lack of independent information.
The information presented by the companies to the Governments and the public
remarkably shows no air quality exceedances, despite clear evidence of pollution and health
impacts among the community.
133
74.
Across various sectors and key cases, unavailability of information was a recurrent
concern. In the extractives industry there is an apparent lack of reliable information on
hazardous substances with respect to mining operations. Inadequate information was
available about the toxicity of the waste after the Mariana disaster, the companies insisted
that it was non-toxic, and rejected calls for precaution. Only three weeks after concerns were
raised, including by this mandate, was information availed. When health impacts in Barra
Longa emerged years later, Renova sought to exert ownership of epidemiological and
121
122
123
124
125
126
127
128
129
130
131
132
133
A/74/480.
A/HRC/30/40.
José Antônio TIETZMANN E SILVA and Luciane MARTINS DE ARAÚJO (2018)
https://ojs.imodev.org/index.php/RIGO/article/view/243/389; UN ECLAC (2018)
https://repositorio.cepal.org/bitstream/handle/11362/43302/1/S1701020_en.pdf; Miriam Ventura
(Apr. 2013) https://www.scielo.br/scielo.php?pid=S0102311X2013000400002&script=sci_arttext&tlng=en.
Rosa I. Rodríguez-Cotto et al (2014) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4448729/.
Ministry of Health,
http://bvsms.saude.gov.br/bvs/publicacoes/diretrizes_vigilancia_populacoes_expostas_agrotoxicos.pdf .
Conitec, Ministry of Health
http://conitec.gov.br/images/Relatorios/2019/Relatorio_DiretrizesBrasileiras_Agrotoxico_Capitulo5.p
df.
Fiocruz (2018) https://portal.fiocruz.br/colecao-saude-ambiente-e-sustentabilidade.
Villarreal Villamar et al (2018)
https://www.aacademica.org/maria.del.carmen.villarreal.villamar/22.pdf.
Articulação Internacional dos Atingidos e Atingidas pela Vale (AIAAV) (2019).
CIAEA (2020).
Id.
Conectas Human Rights et al (2016) https://www.uprinfo.org/sites/default/files/document/brazil/session_27_-_may_2017/js22_upr27_bra_e_main.pdf.
FIDH, JnT (May 2019) https://www.fidh.org/IMG/pdf/bresil734anglaisweb2019.pdf.
15
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