Brazil Criticized for Distorting Human Rights Commitments at UN | Amazon Watch
Amazon Watch

Brazil Criticized for Distorting Human Rights Commitments at UN

September 20, 2012 | For Immediate Release


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Geneva, Switzerland – Today the Brazilian government swept aside concerns around its human rights record during its Universal Periodic Review (UPR) at the United Nations contradicting its recent posture concerning the rights of Amazonian communities. According to international organizations, Brazil distorted its commitment to indigenous consultation and consent in regards to its development model when responding to recommendations from UN member states on the rights of indigenous people during the 21st session of the Human Rights Council.

Among the seven human rights recommendations made to Brazil in its UPR concerning indigenous rights, Slovakia asked for assurances that indigenous peoples be “able to defend their constitutional right to ancestral lands without discrimination and their prior, informed consent [be] sought in cases of projects that may affect their rights.” In response, Brazil claimed that its Federal Constitution provides for indigenous consultations and that its adherance to International Labor Organization (ILO) 169 signifies that the country acts in accordance with the recommendation. Brazil’s Constitution, however, does not guarantee that indigenous peoples have the right to consent over projects that affect their territories and way of life, a key distinction that was glossed over by Brazil during the UPR process.

According to international indigenous rights organizations that observed the UPR, Brazil’s insistence that it adheres to norms of consultation and consent for indigenous peoples is symptomatic of its attempts to conceal its actual behavior, especially on highly controversial projects like the Belo Monte Dam complex in the Amazon and recent moves by Brazil’s Attorney General to undermine indigenous rights to consultation under Ordinance 303.

“Brazil’s misrepresentation of its true treatment of indigenous rights during its UPR is emblematic of its escalating affront to these communities as it rams through projects like Belo Monte,” said Roberta Amanajás, a human rights lawyer with the Brazilian organization Para Society for Human Rights Defense (SDDH).”In practice, the Brazilian government has reneged on its obligation to consult indigenous peoples about this project, much less obtain their consent, while its Ordinance 303 seeks to formalize this assault upon their rights.”

In an event organized by the Brazilian organization Conectas, Amanajás raised concerns about the profound contradictions between the Brazilian government’s discourse and action. The same message was delivered to James Anaya, Special Rapporteur on the Rights of Indigenous Peoples, who met with SDDH and the US-based organization Amazon Watch in Geneva and demonstrated particular interest in Ordinance 303, which determines that indigenous consultation should not be necessary in cases of the construction of hydroelectric dams, roads, and military bases deemed integral to the country’s national security.

“Today’s UPR process has demonstrated the nefarious degree to which the Brazilian government is willing to obscure its true actions and intentions towards the rights of indigenous peoples,” said Christian Poirier of Amazon Watch. “While the Belo Monte Dam strangles the Amazon’s Xingu River and the indigenous communities that live there, Brazil has succeeded in making the world look the other way.”

Construction of Brazil’s largest project, the Belo Monte Dam continues with complete disregard for indigenous rights. Last week, the national environmental agency (IBAMA) issued the final license to complete the coffer dams and close the Xingu River for good after it received sign off on “consultations” from the indigenous national federation (FUNAI) in Brasilia. These actions are moving forward against recommendations of FUNAI staff in Altamira, the Federal Public Prosecutors Office (MPF), as well as local, national and international outcry. Local resistance is growing in response. Yesterday, fisherman began a permanent encampment near the dam’s construction to protest the loss of fish and the lack of consultation.

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