Brazil must move forward on business and human rights
Brazil must move forward on business and human rights – UN expert group
GENEVA (17 June 2016) – Brazil must move forward on business and human rights, and avoid the risk of sliding backwards, the Working Group on Business and Human Rights said today as it presented to the Human Rights Council the report* on its December 2015 official visit to the country.
“Brazil has a solid legal system and institutions to protect against business-related human rights abuse, and we urge the country to build on advances and better protect human rights in practice,” said human rights expert Dante Pesce, who currently heads the UN expert group.
“The participation of Brazil’s vibrant civil society and courageous human rights defenders is also essential,” he stressed. “As such, we are extremely concerned about the huge risks facing some activists who raise their voices against business-related human rights abuse, and saddened by the high number of deaths of human rights defenders.”
During its visit, the Working Group heard testimonies from communities who had been adversely affected by business operations, including the Belo Monte hydropower plant, construction projects related to the Rio 2016 Olympic Games, and the Fundão tailings dam rupture in Mariana, Minas Gerais.
The Working Group learned about efforts to
address and mitigate human rights impacts of business
operations, such as the promotion of responsible human
rights conduct by State-owned enterprises. At the same time,
it also noted
initiatives going in the opposite
direction, such as the recent suspension of the ‘dirty
list’ which effectively named and shamed companies caught
using slave labour in their supply chains, and legislative
initiatives that would weaken the legal definition of slave
labour, lessen social and environmental safeguards in
infrastructure licensing processes, and negatively affect
the demarcation of indigenous land.
The expert group called for action to address concerns about undue corporate influence on regulatory and policymaking processes, including in relation to improper corporate lobbying and political financing. “This deserves careful attention not only because of corruption but because it can easily undermine human rights protections by, for example, weakening laws and policies and limiting accountability for abuses by business,” said Mr. Pesce. “Brazil has the tools to deal with these issues”, he continued, recalling the Brazilian Supreme Court’s recent ruling banning companies from making donations to future electoral campaigns.
Welcoming the commitment expressed by the Government of Brazil to implement the United Nations Guiding Principles on Business and Human Rights, the Working Group encourages Brazil to develop a national action plan on business and human rights.
“The process of developing such a plan should help identify areas of particular risk, decide which laws, regulations, policies and areas of oversight should be prioritized and strengthened, and determine ways to improve the access to remedy for victims of adverse business-related human rights impacts”, Mr. Pesce concluded.
(*) Read the Working Group’s full report: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/32/45/Add.1
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