OECD Watch, Conectas Human Rights, and the International Federation for Human Rights – notably in the framework of the Observatory for the Protection of Human Rights Defenders (a partnership with OMCT) – show that the country still has a lot to do to improve its record on climate change, deforestation and environmental degradation, Indigenous rights, protection of human rights defenders and labour rights.
Analyzing these five key themes will help you to understand them. Today’s dedicated papersThe wide range of governance problems that are threatening Brazil’s rule of law, human right, and environment can be seen in the various civil society organizations. These problems are caused by ineffective and inefficient laws and regulations, the underfunding key ministries and policies, failures in enforcement and accountability as well as a lack of transparency and public involvement. An executive summary with an overview of the reports’ findings is available.
The research was launched today at an online seminar. It not only identifies the main causes of these governance gap with illustrative cases, but also suggests domestic reforms Brazil could undertake to close them. The papers call on the OECD for Brazil to implement the necessary reforms during the accession process.
The research will be made available in advance of the OECD’s meetings in June and March. Ministerial Councilto discuss the principles, roadmaps, and guidelines that will guide the accession process of Brazil and other candidate nations. The research will be released ahead of the 29-31 March Meeting of the OECD Environmental Policy Committeeat Ministerial level, which will include climate change and other issues.
Marian G. Ingrams of OECD Watch, stated that Brazil has a lot of leverage with the OECD during the upcoming accession. It should use this leverage to help realize these reforms by requiring Brazil that they be adopted as a precondition to membership. The OECD must also ensure transparency in the accession process of Brazil and other countries, as well as civil society participation, particularly in candidate states.
Julia Mello Neiva, Conectas, stated that the current Brazilian administration’s poor record in dealing with some of the most pressing crises, such as climate change and global pandemics, has demonstrated its lack of commitment to the environment, human rights and the rule of the law. The most vulnerable populations in Brazil are Indigenous peoples, rural communities and Afro-descendant communities like the quilombola community, human rights defenders and poor migrant workers, children, and women. We believe the government has sometimes shown complacency or complicity in allowing Brazil’s environmental and social governance to deteriorate.
This decade is the last to make a significant impact on climate change. Brazil will play a key role in that. Maddalena Negilia, director of FIDHs globalization and human rights desk, said that Brazil’s accession must be treated differently to past processes. They have too focused too narrowly upon removing trade barriers. We urge OECD members to seriously consider Brazil’s accession and the OECDs own value system and only grant Brazil membership if Brazil is able to do so.
Brazil has been trying to align itself with OECD instruments for over a decade. Brazil would have enormous economic and political advantages if it joined the OECD. This includes a better standing among donors and greater access to trade and foreign investment. These benefits should not go to Brazil, despite its poor human rights record and poor environmental record.
Seminar and official launch
The research was launched by OECD Watch and its partner organizations at a webinar held on 22 March 2022. After Fernanda Hopenhaym, a member of the UN Working Group on Business and Human Rights gave the keynote address, Conectas moderated an open discussion with Vice Chief Sucupira Panas, representative of an Indigenous community that was affected by a recent dam failure; Jandyra Uehara who is the national secretary for social and human rights at Brazil’s largest trade union CUT; Suely Araujo, senior specialist on public policies at the Brazilian NGO consortium Climate Observatory; Eric Pedersen; and portfolio manager, emerging countries at investor Robeco, Daniela da Costa-Bulthuis
Resources
About OECD Watch. Conectas. FIDH.
OECD WatchThis network, which has over 130 member organizations in more than 50 countries, represents civil society at the OECD Investment Committee.
Conectas Human RightsThis Brazilian organization has been working for over 20 years to promote, enforce and expand human rights in the Global South. Conectas offers solutions, prevents setbacks, and denounces violations to bring about transformations.
FIDHInternational Federation for Human Rights (International Federation for Human Rights), is an international NGO for human rights that unites 192 organizations from 117 countries to promote universal human rights standards.
The Observatory for the Protection of Human Rights DefendersThe Observatory was established in 1997 by FIDH (the World Organisation Against Torture) and OMCT (the World Organisation Against Torture). This programme aims to intervene to prevent and remedy situations of repression against human right defenders. ProtectDefenders.eu, an international civil society-led mechanism for European Union Human Rights Defenders Mechanisms, is a member of both FIDH (OMCT) and OMCT (FIDH).
Background information
Research shows:
DeforestationUnder the current administration, the Amazon and other protected biomes have seen a dramatic increase in their numbers, reaching decade-high peak levels in 2019 and 2020. Climate change and greenhouse gas emissions They are also increasing as megadiverse natural areas experience forest fires. The main causes of deforestation include expansion of commercial agriculture, cattle ranching, logging and mining, as well as land speculation and infrastructure expansion. The research shows that the government encourages economic expansion on protected lands, while drastically cutting budgets and enforcement capacities at environmental agencies. The researchers call on the OECD, among other things, to demand Brazil to have the required authority and capacity for environmental regulators, and to stop supporting legislation that reduces protections for native lands.
Environmental destructionBrazil is facing a serious threat from this issue. Toxic waste from mining activities, dam collapses, and mercury poisoning Indigenous peoples subject to illegal gold extraction in their territory; pesticides – many of which are outlawed in other OECD countries or sprayed in an aerial manner that is prohibited by other OECD countries – poison people, ground and water sources. Research shows that the Brazilian government promotes legislation to expand mining on Indigenous lands and to ease pesticide authorisation. Our organizations call on the OECD during the accession to Brazil to use its influence to force the country to establish a system to protect its peoples and the environment from pollution. It should also be able to sanction those who commit environmental crimes and provide remedies for impacted communities.
Indigenous peoples rightsBrazil is systematically attacking rights such as self-determination, free, prior and informed consent (FPIC), and the right to use their territories. The Brazilian constitution required that all Indigenous lands must be assessed and labeled for protection by 1993. However, successive governments failed to meet this requirement. Under the current governments pro industry policies, land-grabbing is on the rise, increasing from 109 cases in 2018 and 256 in 2019. This has had a devastating impact on at least 151 Indigenous lands, 143 peoples, in 23 states. In 2019, there were 277 reported cases against Indigenous persons, nearly half of them assassinations/homicides. The paper authors call on the OECD and Brazil to provide adequate funding for the ministries that oversee Indigenous land protections. They also urge Brazil to hold those who violate the law accountable and to reduce its racist rhetoric towards Indigenous and other traditional communities.
Defenders of human rights and the environmentBrazil’s environment is in serious danger. Global Witness data has shown that Brazil has remained one of the four deadliest countries for land and environment defenders, or the number two deadliest, from 2002 to 2020. The government is a key factor in this situation. It facilitates extractive, infrastructure and agriculture activities, often in legally protected territory, without ensuring consultation, consent or protections for the impacted communities. Activists who speak out to demand accountability for harm are often threatened and even attacked. Those responsible for the harm are left in impunity due to failures in enforcement. Our organizations ask the OECD not to impose any sanctions on Brazil for failing to implement all measures necessary to increase the effectiveness and capacity in human rights defender protection programmes, guarantee access to justice for victims, and address the root cause of violence.
Finally, Workers’ rightsBrazil has seen a significant increase in violence against workers in the past decade. The first was a major labour reform that was passed by the previous administration in 2017. This is continuing under President Bolsonaros’ philosophy that fewer rights is better than no jobs. The recent rise in informality in work has resulted in more precarious work conditions and a weakening of unions. This has not led to any economic growth or decrease in unemployment. Our organizations call on the OECD for Brazil to repeal the harmful labour law and to provide adequate labour inspection capabilities, among other reforms, in order to correct the gaps in workers rights protections.