Voluntary instruments prove inadequate to protect human rights

Ahead of a series of political gatherings around business and human rights between the European Union (EU) and various parties, including the government of Brazil and the private sector, FIAN International recalls the current influence of businesses in halting indigenous land regularization and issues a series the recommendations together with international and Brazilian civil society to combat this trend.

From 15 to 17 September, the EU will be paying a visit to the country and be meeting with different Brazilian sectors. It will kick off with a seminar around human rights with Brazilian and European civil society (read the statement by FIAN International – European sections in English or Portuguese), whose outcomes are expected to contribute to the 5th Dialogue on Human Rights between the EU and Brazil, to be held on 17th September. In between these two gatherings, the EU will hold a seminar with the private sector on business and human rights.The latter aims to raise awareness of good practices in governance of businesses and human rights, particularly through the implementation of the UN Guiding Principles on Business and Human Rights, and on the implementation of corporate responsibility.

Human rights organizations stress the deep inadequacy of the referred voluntary instruments as mechanisms to protect human rights. Welcoming the establishment of the UN Open-Ended Intergovernmental Working Group on a Treaty on Transnational Corporations and other Business Enterprises with respect to Human Rights, as well as the outcomes of its first session, the signatories urge the Brazilian government and European governments to fully comply with their obligations to respect, protect and fulfill human rights at the national and extraterritorial level by contributing to the development and adoption of such a binding instrument, amongst others.

By the same token, the signatories of the statement recall the long lasting situation of the Guarani Kaiowá (Portuguese summary here), as well as the recent attacks to the community Ñande Ru Maranga. “The failure to enforce the homologation decree regarding the territory Ñande Ru Marangatú and the attack to the community demonstrate the power of business sector in Brazil, paralyzing the constitutional process of regularization of indigenous territories and exerting violence against indigenous communities with total impunity,” the statement reads.As these actions are economically linked to the activities of transnational corporations that exploit indigenous territories and ultimately generate profit for the European Union, there is an urgent need to regulate the activities of multinational corporations and other companies to prevent abuses and crimes against indigenous communities and other population groups.

These and other issues will be raised during a European tour by a delegation composed of Flavio Machado, Conselho Indigenista Missionário-Mato Grosso do Sul, and a Guarani-Kaiowá representative, which will kick off on 21 September and target political venues such as Brussels and Geneva. 

 
For more information, please read the statement (English, Portuguese)
You can also read the statement made by FIAN International -European Sections at the EU Human Rights Seminar (English, Portuguese)

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