Brazil: CIDH and REDESCA stand in solidarity with the environmental tragedy in Rio Grande do Sul and reaffirm the importance of promoting broader actions in response to the climate emergency

May 30, 2024

Washington, D.C.- The Inter-American Commission on Human Rights (CIDH) and its Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights (REDESCA) express their solidarity with the people and government of Brazil given the environmental emergency they are experiencing, caused by unprecedented heavy rains and floods in Rio Grande do Sul.

The IACHR and the REDESCA regret the loss of more than 150 lives and the displacement of countless people due to the heavy rains and flooding affecting the state of Rio Grande do Sul. The Civil Defense has reported, so far, 72 people missing and 806 injured. This situation is particularly concerning as it increases the risk for vulnerable population groups, particularly frontline communities, and disproportionately affects historically discriminated populations such as indigenous peoples, Afro-descendants, LGBTI people, women, children, and adolescents. In this regard, following its visit to Brazil in 2023, REDESCA had already observed that various environmental tragedies that have occurred in the country have impacted these people differently and disproportionately.

CIDH and REDESCA recall, as highlighted in Resolution 3/2021, that climate impacts pose a significant threat to the enjoyment of a wide range of essential rights for a dignified life, including, inter alia, the right to life, food, housing, health, water, and a healthy environment. For this reason, CIDH and the Special Rapporteurship call on States to urgently strengthen their environmental public policies in response to the climate emergency, at all levels of government and in cooperation with all branches of government, reiterating their commitment and willingness to contribute to these efforts in any way possible.

In this line, CIDH and REDESCA emphasize the importance of incorporating a cross-cutting ethno-racial perspective to achieve climate justice and eliminate the social and economic gaps that differentially impact Afro-descendants and other ethnic communities in vulnerable situations. At the same time, they also urge the effective and timely participation of these people in the construction and implementation of all climate change policies.

In this regard, given the principles of progressivity, non-regression, and precaution, the State must advance in creating and implementing effective public policies that prevent and mitigate the damage caused by climate change, while ensuring the maintenance of established environmental protection levels.

To this end, they must follow the obligations established in Advisory Opinion OC 23/17 of the Inter-American Court of Human Rights, such as regulating, supervising, and overseeing activities under their jurisdiction that may cause significant environmental damage, and establishing a contingency plan with safety measures and procedures to minimize the possibility of major environmental accidents, and mitigate the significant environmental damage that has occurred.

CIDH and REDESCA emphasize that the principles of participation, accountability, transparency, and access to information are guidelines applicable to public policies with a human rights approach. The implementation of this approach aims to contribute to addressing and reducing inequality gaps, prioritizing the rights of historically discriminated persons and groups, and removing obstacles to the realization of rights, among others.

Specifically regarding the ongoing situation in Rio Grande do Sul, CIDH and REDESCA commend the measures adopted by the federal government and note positively the cooperation with other state agencies, at various levels, in rescuing affected people and recovering the state. They also commend the Brazilian people for their solidarity with the affected population.

They observe with concern the adoption of measures that may negatively impact the fight against the climate emergency. For example, the approval of the bill that excludes forestry as a polluting activity. Similarly, the exclusion of specialized technical agencies in the process of releasing agrochemicals, and initiatives that would weaken environmental inspection mechanisms. CIDH and REDESCA warn about the importance of promoting broader actions in response to the climate emergency.

CIDH and REDESCA make a special call for regional and international solidarity to address the risks faced by people and groups affected by this environmental disaster. In this regard, when fulfilling their obligations, States should aim to do so considering the interdependence and indivisibility of all rights, understood integrally and collectively, without hierarchy among them, and enforceable in all cases before the competent authorities. States should redouble efforts to ensure the availability of economic and financial support such as subsidies, loans, and donations for floods, as well as all necessary technical and legal assistance to access them. CIDH and REDESCA will continue their monitoring and constant dialogue with the state and the Brazilian society affected by this disaster.

The Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights is an office created by the Inter-American Commission on Human Rights (CIDH) with the objective of strengthening the promotion and protection of economic, social, cultural, and environmental rights in the Americas, leading the Commission's efforts in this area.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 120/24

4:20 PM