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 22

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