PRESENTATION

The harmful effects of mercury on human health and nature translate into a series of violations of an interconnected bundle of human rights, such as the right to life, to a healthy environment, to water and sanitation, adequate food, housing, health, leisure, culture, and work, all of which are widely recognized in the normative framework of international law of Human Rights.

Just as human rights are indivisible and interdependent, violations of human rights are too. Human exposure and environmental degradation caused by the release of mercury in the soil, water and air are phenomena capable of generating human rights violations in multiple dimensions of rights simultaneously. Civil, political, economic, social, cultural and environmental rights, which are the best-known categories of human rights, are affected in individually or collectively due to the harmful effects of mercury on humans and nature.

Mercury causes irreparable harm to humans and the environment as a whole. but there are especially exposed vulnerable groups such as indigenous peoples and riverside communities,, miners, pregnant women or women of childbearing age and children. In addition, the use of mercury is capable of of causing irreparable damage to future generations not only for the damage they can cause to the fetus, but also because of the difficult repair of the degraded environment.

This section seeks to make an analogy with the National Inventory of Mercury Emissions and Sources that collects chemical and environmental data on the release of mercury into the environment, collecting information on human rights violations caused by mercury contamination of soil, air and water on human health and the environment in its multiple and interconnected dimensions.

Everyone has the right to live in a non-toxic environment. The use of mercury in mining destroys the environment around the mining site, contaminating water, air and soil. The communities to around mining sites cannot enjoy their right to a healthy environment, toxic and sustainable.

The use of mercury in mining causes adverse health effects, especially for vulnerable groups ​​and marginalized people, such as indigenous peoples, riverside communities, pregnant or elderly women fertile and children. Human exposure to mercury causes several health problems, such as, changes in childrens intellectual and physical growth, high blood pressure, heart disease and infarction, changes in the fetus and babies through the placenta and breastfeeding, speech difficulties, tingling sensation, vision problems, hearing loss, disturbance of the senses, tenderness in the feet and hands, dizziness and headaches.

The right to health requires non-discriminatory treatment, especially with regard to access of the most vulnerable and marginalized populations in remote regions of the Amazon to assistance doctor. It also requires the establishment of health education programs. and the environment and the monitoring of the areas most affected by mercury contamination for the measurement of contamination levels in water, fish and people.

States have an obligation to ensure safe drinking water and food for their citizens. THE right to health is a right that includes not only timely and appropriate health care, but also the determinants of health, such as access to safe water and basic sanitation, and provision of nutritious, adequate and safe food. Mercury contaminates water and fish of the Amazon basin.

The use of mercury contaminates the basic food of the population when it is disposed of and handled in inappropriate way. In the Amazon region, the right to healthy food is undeniably violated as that fish, which is the main source of protein for riverside communities and traditional peoples ends up contaminated.

This contamination process happens when mercury is dumped in water and mixes with river bed sediments, contaminating then algae and plants, and consequently the entire chain to feed. Thus, mercury travels through the food chain through the fish that feed on these algae and fish that feed on fish that feed on these algae. The mercury then passes to be absorbed by the human body and accumulate every time contaminated fish is eaten. THE consumption of these contaminated fish exposes human health to serious risks, which were previously mentioned in the item on the violation of the right to health.

In addition, it is the obligation of the States to seek solutions and alternatives to the use of mercury and thus avoid that primary sources of food for the population are contaminated, making them unsuitable for the consumption, preventing everyones right to be free from hunger from being respected.

Local communities have the right to development. The right to development is a right individual and collective. It belongs to all individuals and to all peoples. The right to “development is an inalienable human right by virtue of which every human person and all peoples have the right to participate in, contribute to and enjoy economic, social, cultural and political, in which all human rights and fundamental freedoms can be fully realized (Article 1 Declaration on the Right to Development). The right to development must also be carried out in such a way as to equitably meet the needs environmental and developmental needs of present and future generations (Principle 3, Rio Declaration on Environment and Development; Paragraph 11, Vienna Declaration and Program of Action). economic growth, such as through the use of mercury in mining, without adequate measures to promoting inclusive, equitable, participatory and environmentally balanced development is unsustainable.

Indigenous peoples have recognized their rights over their traditional territories and to have reparations for lands that were taken and damaged without their free, prior and informed. The indigenous communities of the Amazon Basin did not consent to the illegal invasion of garimpeiros in their territories and is fighting against the destruction caused by mining. The use of mercury in artisanal or small-scale mining damages and pollutes indigenous lands without reparations to affected communities. Mining practices in the Amazon violate peoples rights indigenous to the territory.

Indigenous peoples have the right to protection of the relationship between their cultural and spiritual values and their territories. Indigenous peoples have the right to protect their sacred lands and to conserve medicinal plants, animals and minerals. Artisanal and small-scale illegal gold mining is invading indigenous territories in the Amazon Basin. When mercury is used in mining, it destroys the surrounding ecosystem. Mercury pollutes the soil and water near the sites of mining, which contaminates the plants. Contamination of sacred lands for communities indigenous peoples and medicinal and traditional plants used by indigenous communities violates the cultural and spiritual rights of indigenous peoples.

The right to adequate housing, established in General Comment No. 4 of the International Covenant of Economic, Social and Cultural Rights which states that all persons enjoy protection from forced evictions and ensuring a decent housing environment, however, some communities Indigenous and riverside communities constantly suffer from the construction of gold mines close to their places of home.

Open mines without any kind of environmental concern cause a significant contamination of the soil, not only leaving it infertile but also infecting the local flora and fauna and changing its geological structure. In this sense, nearby communities are directly affected, not only by the damage to the right to adequate housing, but also with regard to water, food and health before treaties.

According to ILO Convention 169, the Brazilian State has the responsibility to impose criminal sanctions against any unauthorized intrusion into indigenous lands, so that the right to housing is fully respected according to the cosmovision of these peoples.

The worker has the right to exercise his profession in a safe place, which guarantees his protection, but the use of mercury in mining and other processes prevents this right from being respected.

Mercury is used in the separation of fine gold particles through amalgamation and subsequent gravimetric separation. The separated amalgam is burned, usually in the open, releasing large amounts of mercury into the atmosphere, in this procedure it is common for workers to inhale the substance, which causes serious damage to the health of the individual. During the process, part of the mercury is lost in metallic form in rivers and soils, and another, in the form of contaminated waste, is left in the open at most mining sites. Furthermore, in the purification of gold, it is sublimated at high temperatures which results in serious contamination of the working environment and the atmosphere where this operation is carried out, providing an easy contamination of the workers and the population that lives around. LACERDA, L.D. Mercury contamination in Brazil: industrial sources vs. Gold mining. Dept. Geochemistry – Fluminense Federal University – 24020-007 – Niterói – RJ. 1996, 197.

Convention 170 of the International Labor Organization (ILO), known as the Convention on Chemical Products, determines that countries must indicate the dangers of using products chemicals in order to guarantee workers the right to information about the products they use, measure not only to protect workers against the harmful effects of chemical items, but also to protect society and the environment.

It is up to the States to develop bodies for the promotion and prevention of health and health for workers, that aim not only to guarantee their rights, but also to identify early the consequences of exposure to chemical products, precisely to Mercury, which is considered one of the more toxic metals released into the environment by human action. It is a state obligation to monitor environmental laws and licenses that control the use of this substance, in addition to the implementation of alternatives to the use of mercury and government actions, practices that benefit the economy, the ecosystem, workers and society as a whole.

As we have seen, all the rights listed in the Inventory above are human rights protected in treaties. Treaties are legal obligations assumed by States that undertake internationally in protecting the rights of all people living in this country. In Brazil, in addition of an international commitment, the treaties, after being approved by the National Congress and ratified by the Presidency of the Republic, become part of the set of legal norms national laws, with a position superior to that of the laws or even with a position equal to that of an amendment constitutional.

Thus, as it is a legal obligation, when a State violates a human right contained in a treaty, can be held internationally responsible, through the activation of the systems international protection of human rights.

If the treaty is part of the United Nations system, the interested party may apply to one of the bodies created in each human rights treaty whose information can be accessed by clicking on here. If the violated right is contained in the American Convention on Human Rights, the interested party may petition the Inter-American Commission on Human Rights whose information is available here.

RDC No. 145/2017 – ANVISA and RDC No. 173/2017 – ANVISA are two ANVISA resolutions (Agência National Health Surveillance), the first prohibits throughout the national territory the manufacture, import and commercialization, as well as the use in health services, of thermometers (check body temperature) and sphygmomanometers (to measure blood pressure) with a mercury column, however the prohibition established in the caput of the first article of this resolution does not apply to products for research, for instrument calibration or for use as a reference standard. while the second prohibits throughout the national territory the manufacture, importation and commercialization, as well as the use in health services, mercury and unencapsulated amalgam alloy powder indicated for use in Dentistry. Failure to comply with the provisions contained in these two resolutions constitutes a violation health, pursuant to Law No. 6,437, of August 20, 1977, without prejudice to the responsibilities applicable civil, administrative and criminal proceedings. The two resolutions entered into force on January 1, 2019.

RDC No. 222/2018 – ANVISA is a resolution by ANVISA that regulates good practices in management of health care waste. This Resolution applies to waste generators of health services – RSS whose activities involve any stage of RSS management, whether public and private, philanthropic, civil or military, including those who exercise actions of teaching and research. All services whose activities are related to attention to human or animal health, including home care services; analytical laboratories of health products; mortuaries, funeral parlors and services where embalming (thanatopraxy and somatoconservation); legal medicine services; drugstores and pharmacies, including manipulation ones; teaching and research establishments in the health area; zoonosis control centers; pharmaceutical product distributors, importers, distributors of materials and controls for in vitro diagnosis; mobile service units health; acupuncture services; piercing and tattooing services, beauty and aesthetic salons, among other related. It does not apply to sealed radioactive sources, which must follow the determinations of National Nuclear Energy Commission – CNEN, and to the industries of products under sanitary surveillance, that must observe the specific conditions of their environmental licensing. According to Chapter II, Art. 4 and Art. 5th, The RSS health service waste management plan must cover all stages of planning of physical resources, material resources and training of human resources involved. Every generator service must have an RSS Management Plan (PGRSS), observing federal, state, municipal or Federal District regulations. THE PGRSS must be monitored and kept up to date, according to the frequency defined by the person responsible for its elaboration and implementation. The RSS generator service shall keep a copy of the PGRSS available for consultation with health or environmental surveillance agencies, employees, patients or the general public. The RSS generator service is responsible for designing, deploying, implementing and monitoring of the PGRSS. The design, implementation and monitoring of the PGRSS can be outsourced. RSS containing mercury (Hg) in liquid form must be packed in containers under a water seal and sent for recovery or to another destination that is in accordance with the rules defined by the competent environmental agency.

Resolution No. 396/2008 – CONAMA this Resolution provides for the classification and environmental guidelines for framing, preventing and controlling pollution of groundwater, water that occurs naturally or artificially underground. Groundwater is classified into: class Special, class 1, class 2, class 3, class 4 and class 5. 0. Environmental agencies together with water resources management bodies should promote the implementation of Water Protection Areas Aquifers and Supply Well Protection Perimeters, aiming to protect the quality of subterranean water. The environmental bodies, together with the bodies managing water resources and health, shall promote the implementation of Water Use Restriction and Control Areas Underground, on an exceptional and temporary basis, when, depending on the quality and amount of groundwater, there is a need to restrict the use or abstraction of water for protection of aquifers, human health and ecosystems. The resource management bodies water, environment and health issues must be articulated to define the restrictions and groundwater use control measures. The classification of groundwater will take place in in accordance with the rules and procedures defined by the National Water Resources Council - CNRH and State Water Resources Councils.

RESOLUTION No. 401/2008 – CONAMA establishes the maximum limits for lead, cadmium and mercury and the criteria and standards for the environmentally sound management of portable batteries, of lead-acid, automotive and industrial batteries and of cells and batteries in systems nickel-cadmium and mercury oxide electrochemicals, listed in chapters 85.06 and 85.07 of Mercosur-NCM Common Nomenclature, marketed in the national territory. In this way the domestic manufacturers and importers of the aforementioned cells and batteries and of the products that contain must be registered in the Federal Technical Register of Potentially Polluters or users of Environmental Resources-CTF, in accordance with art. 17, item II, of the Law No. 6938, of August 31, 1981; present, annually, to the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA physical-chemical composition report, issued by laboratory accredited by the National Institute of Metrology and Standardization-INMETRO; present to the body competent environmental management plan for cells and batteries, which includes the destination environmentally appropriate, in accordance with this Resolution. The transfer of nickel-cadmium and oxide batteries of mercury can be carried out directly to recyclers, provided they are licensed for this end and the incineration and final disposal of these batteries in any type of landfill is not allowed health, and must be disposed of in an environmentally appropriate manner. The non-compliance check of the requirements foreseen in this resolution will result in the obligation for the manufacturer or importer of collection of all batches that do not comply with this standard. Manufacturers and importers of products covered by this Resolution must conduct studies to replace the substances potentially dangerous substances contained therein or reduce their content to the lowest viable values technologically and the non-fulfillment of the obligations foreseen in this Resolution will subject the offenders to the penalties provided for in the legislation in force.

Ordinance No. 685/1998 – Health Surveillance Secretariat of the Ministry of Health establishes the maximum tolerance limits for inorganic contaminants: arsenic, copper, tin, lead, cadmium and mercury, maximum levels of contaminants (mycotoxins, contaminants inorganic waste, pesticide residues, medicines for veterinary use and migrant packaging and equipment in contact with food). In the case of mercury, the maximum limit is for fish and products fish (except predators) 0.5 mg/kg and predatory fish 1.0 mg/kg. In the case of non-food contemplated in this Regulation, the maximum tolerance limits for inorganic contaminants already provided for in national legislation.

Decree No. 97,507/1989 – Presidency of the Republic provides for licensing of mineral activity, the use of metallic mercury and cyanide in gold extraction areas, and makes other provisions. At activities, individual or collective, that carry out mineral extraction in deposits of colluvium, eluvium or alluvium, in the alveos (placeres) of watercourses or on reserved banks, as well as in deposits secondary fields, plateaus, slopes and hilltops using equipment such as dredgers, mills, rafts, pairs of pumps (chupadeiras), spouts (“smoking snake”) and any other equipment that present affinities, they must be licensed by the competent environmental agency. Single paragraph. The competent environmental agency will set a deadline for requesting a license for activities in operation. The use of mercury in the gold extraction activity is prohibited, except in licensed by the competent environmental agency. The activities described in the Article 1 of this Decree, in public supply sources and their tributaries and in other areas ecologically sensitive, at the discretion of the competent environmental agency. It is forbidden to use the process of cyanidation in the activities described in article 1, safeguarding the licensing of the environmental agency competent. The creation of garimpeiro reserves must be subject to prior licensing with the competent environmental agency. Failure to comply with the provisions of this Decree will subject the offender to the immediate interdiction of the activity, in addition to the penalties provided for in current legislation.

Decree No. 97,634, of April 10, 1989 provides for the control of production and marketing substance that poses a risk to life, the quality of life and the environment, and gives other arrangements. It will be up to the Brazilian Institute of the Environment and Renewable Natural Resources, will register importers, producers and traders of metallic mercury, and this registration will be done through the request of the interested parties, and it is a necessary condition for the exercise of your activities. Importers of metallic mercury must, prior to the import request, notify the Brazilian Institute of the Environment and Renewable Natural Resources about each batch to be imported and the Brazilian Institute of the Environment and Renewable Natural Resources will instruct as to the conditions of registration, the notification form and the document of operation with metallic mercury.

Normative Instruction IBAMA No. 08, of May 8, 2015 establishes the Federal Technical Register of Potentially Polluting Activities and Users of Environmental Resources (CTF/APP) and the Metallic Mercury Report forms as control instruments for production, commercialization and the procedure for requesting the importation of metallic mercury by persons physical or legal. The import and production of metallic mercury is subject to registration of the importer in the CTF/APP and For each import operation, the importer of metallic mercury must, prior to shipment, request the consent of the Import License, on the official page of the IBAMA on the World Wide Web – Internet.

General Responsibilities of Companies in relation to human rights

In our capitalist economic system, we often have the idea that development is better than the preservation of the environment. However, we must remember that the right to the environment balance is a fundamental human right for all of us.

States have the duty to ensure this right and, likewise, business entities have the responsibility to respect the human rights affected by its business operations

This obligation is recognized in the United Nations Guiding Principles on Business and Human Rights. Human Rights, establishing that companies should seek to prevent or reduce adverse impacts to human rights that are directly related to its business operations.

Example: The operations of artisanal and small-scale mining miners and their supply chain supply.

A business entity that is in Brazil's gold supply chain must avoid abuse of human rights caused by the mercury used in mining practices to extract this gold, since such action can affect the right to health in several ways.

In the same vein, the Committee on Economic, Social and Cultural Rights has emphasized that States must protect against pollution or contamination by private companies and assess their impact on the environment environment.

Brazil is a signatory to the Minamata Convention and has a duty to develop an action plan country, by 2022, that implements laws and policies that encourage socially responsible in the private sector.

This action plan can create economic incentives for gold investors to ensure that they are supporting sustainable gold practices, making it economically advantageous for international investors ensure that they are not participating in gold trading with mercury.

Other states that have developed national action plans have required the private sector to invest in gold from sustainable sources and implemented gold certification programs. taking these provisions as an example, can also be applied in Brazil and business entities if will benefit economically by investing in sustainable gold in the country.

By contrast, commercial entities investing in mercury-based gold may be restricted by Brazil.

In this way, business entities can be legally held responsible by the State of Brazil for human rights violations caused by its business operations. In the same sense, the States are obliged to provide judicial, administrative or legislative remedies for abuses of human rights related to companies, making responsible the business entities that invest in harmful mercury mining practices for the human rights violated by these practices.

But why is my company responsible anyway?

Why does my company have to stop using mercury in its production scale?

There are several studies that demonstrate how the use of mercury can be harmful to all living beings, from the scale of production to the negative impacts on society. Just below you you can read arguments about and in which documents are regulated internationally.

About the economy

Mercury is not economically sustainable.

1. The right to development must be fulfilled in order to equitably meet the development and environmental needs of present and future generations - Paragraph 11 of the Rio Declaration on Environment and Development; Principle 3 of the Vienna Declaration and Program of Action

Gold Mining, which often uses mercury in its activities, is depriving local communities for economic development.

2. The right to development is an inalienable human right by virtue of which every human person and all peoples have the right to participate in, contribute to, and enjoy the economic, social, cultural and political development, in which all human rights rights and fundamental freedoms can be fully realized - Article 1 of the Declaration of the Right to Development;

3. There must be active, free and meaningful participation of individuals and populations in the development - Article 2 of the Declaration on the Right to Development and Article 25 International Covenant on Economic, Social and Cultural Rights – ICESCR;

4. Businesses have a responsibility to respect all human rights, and this includes the right to development – in line with the Guiding Principles on Business and Human Rights;

5. If companies fail to uphold the right to development, the general obligation of States to respect, protect and fulfill human rights, which applies to all human rights, will include the right to development. The obligation to protect implies that the State must protect individuals and groups against violations of their human rights by third parties – in line with the Declaration on the Right to Development;

About the legislation

Businesses have a responsibility to respect human rights

1. Shall seek to prevent or mitigate adverse human rights impacts caused by by mercury that are directly linked to its operations by its relationships business, even if they have not contributed to the impacts - Point 13 of the Principles Advisors on Business and Human Rights;

2. Business relationships include artisanal and small-scale mining operations. scale in its value chain that have adverse human rights impacts - Point 13 of the Guiding Principles on Business and Human Rights;

3. States are obliged to provide judicial, administrative or legislative remedies for business-related human rights abuses resulting from exposure to mercury – Points 25 and 27 of the Guiding Principles on Business and Human Rights
4. In 2019, Brazil declared that artisanal and small-scale mining and its processing in its territory is more than insignificant and therefore must develop a national action plan until 2022 - Article 7 of the Minamata Convention;

5. National action plans under the Minamata Convention should encourage investment socially responsible private sector through the implementation of laws and policies, inclusive

   1. Requiring private sector involvement and participation, including funding of responsible operations, as foreseen in the National Action Plan of the Ecuador;

   2. Implementation of the certification process for gold from sustainable sources, such as it is foreseen in Ecuador's National Action Plan;

   3. Offer tax incentives to industrial-scale mining companies and investors who support artisanal and small-scale mining in a sustainable, according to the United Nations Environmental Program for Guidance of the National Action Plan;

   4. Due diligence initiative that requires gold buyers to try to obtain gold from suppliers that comply with laws and production requirements, in accordance with with the United Nations Environment Program of Action Plan Guidance National;

About health

The use of mercury in mining causes adverse health effects, especially to groups vulnerable and marginalized people, such as indigenous peoples, women and children;

1. The Right to Health also includes a non-discrimination requirement especially for vulnerable or marginalized sectors of the population, such as ethnic minorities and indigenous populations, women, children..." - Article 12.b.ii of the International Covenant of Economic, Social and Cultural Rights – ICESCR;

Mercury contaminates water and fish in the Amazon basin. States have an obligation to guarantee safe and potable water and food for its citizens.

2. The right to health is an inclusive right that extends not only to health care timely and appropriate, but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition, as per General Comment No. 14 of the Human Rights Committee Economic, Social and Cultural: The right to the highest attainable standard of health;

Parties to the Convention are expected to gather data on health, train workers in the area and raise awareness through health facilities as part of the public health strategy, as proposed in Annex C - Artisanal gold mining and in small scale of the Minamata Convention;

3. Such strategies will also serve to implement an additional Article 7 requirement to include, in national action plans, strategies to avoid exposure of populations vulnerable, particularly children and women of childbearing age, especially women pregnant women, to mercury used in artisanal and small-scale mining.

About the environment

The use of mercury in mining violates the right to enjoy a safe, clean, healthy and sustainable, according to the Report of the UN Special Rapporteur on the issue human rights relating to the enjoyment of a safe, clean, healthy and sustainable environment;

1. This includes the right to live, work, study and play in a non-toxic environment, in line with UN Good Practice on the Right to a Healthy Environment;

2. Brazil has recognized and incorporated the right into its national legislation, in accordance with the UN Good Practices on the Right to a Healthy Environment;

Businesses have a duty to defend the right to a healthy environment

3. Companies must comply with applicable environmental laws and issue policies that meet the their responsibility to respect human rights through environmental protection. They must also produce human rights impact statements that include the identification, prevention and mitigation of environmental impacts on human rights humans, according to the report of the UN Special Rapporteur on the issue of human rights relating to the enjoyment of a safe, clean, healthy and sustainable environment;

The private sector should support the promotion and facilitation of environmentally sound alternatives. correct for mercury, as provided for in Article 14 of the Minamata Convention;

About indigenous rights

The use of mercury in artisanal and small-scale mining violates the rights of peoples indigenous to the land, including:

1. Right to protect and preserve the environment of territories they inhabit, to according to Article 7 of ILO Convention No. 169;

2. Right to property and possession of land and redress for land that has been taken without their free prior and informed consent, in accordance with Article 14 of the Convention of ILO No. 169, Articles 26 and 28 of the Declaration on the Rights of Indigenous Peoples – UNDRIP;

3. Right to own, use and develop the natural resources of their lands and to dispose of its wealth and natural resources, in accordance with Article 1 of the International Covenant on Economic, Social and Cultural Rights;

The use of mercury in artisanal and small-scale mining violates cultural rights, spiritual and religious rights of indigenous peoples, including

4. Respect the importance of the relationship between your cultural and spiritual values and your lands or territories, in accordance with article 13 of ILO Convention No. 169, and provide reparation for cultural, religious and spiritual property taken without its permission, in accordance with art. XIII of the American Declaration on the Rights of Peoples Indigenous people;

5. Right to protect their sacred spaces of worship, in accordance with Article XXXI of the American Declaration on the Rights of Indigenous Peoples;

6. Right to protect plants, animals and traditional minerals used, in accordance with Article XXV of the American Declaration on the Rights of Indigenous Peoples;

Investing in mercury-based gold violates the Gold Performance Standards requirement. International Finance Corporations (IFC).

7. IFC requires its clients to apply Performance Standards to manage the impacts environmental and social aspects of development opportunities;

8. Performance standards require that customers, under certain circumstances, obtain the free, prior and informed consent of indigenous communities affected by development projects, in accordance with IFC Performance Standard No. 07;

As for human rights, corporate responsibility in Brazil is regulated by Decree No. 9,571, of November 21, 2018, which provides for the National Guidelines to be adopted voluntarily by medium and large companies, including multinationals that have activities in Brazil, and by micro-enterprises and small companies according to their capabilities, according to art. 179 of the Federal Constitution. The companies that implement them acquire the seal of “Company and Human Rights”, instituted by the Minister of State for Human Rights, currently Minister of State for Women, the Family and Human Rights.

OBLIGATION OF THE STATE TO PROTECT HUMAN RIGHTS IN BUSINESS ACTIVITIES

It consists of monitoring and protecting human rights through: education; public policy for training managers and administrators; transparency and social participation; Implementation of policies, norms and incentives for companies to follow conduct in accordance with the DH, such as the requirement to publish annual reports, encouragement of accountability, a place for making complaints, a priority for sectors with a high impact on human rights (extractives, retail, consumer goods, etc.).

In addition, it is necessary that the development of public policies consider the impacts generated by the company and the supply chain, through measures to protect employees, especially those who are in a vulnerable situation, with tools for dialogue between public administration, business and civil society. Thus, valuing diversity and inclusion, and the stimulation of permanent negotiation on working conditions and the resolution of conflicts, in order to avoid disputes, with the guarantee of priority technical support from the Ombudsman Public to the vulnerable.

WHAT ARE THE RESPONSIBILITIES OF COMPANIES?

Act in accordance with the principles of human rights protected at national and international level

How?

Respecting the human rights protected in the international treaties from which your State of incorporation or control are signatories and the fundamental rights and guarantees provided for in the Constitution.

Monitoring and disseminating: a) the Guiding Principles on Business and Human Rights of the United Nations Organization; b) the Organization for International Cooperation's Guidelines for Multinationals and Economic Development; and c) the Conventions of the International Labor Organization.

Educate the entire business structure

In what way?

Implementing educational activities for its employees, managers, collaborators through the awareness and training, with lectures, courses, etc., for its human resources and collaborators. In addition, it is the company's obligation to have a code of conduct, which must be written and publicly accessible, in addition to bringing knowledge of rules and policies that respect the DH.

Respect diversity and act in a precautionary, preventive and transparent manner

In what way?

Not violating the rights of its workforce, its customers and communities, through the controlling risks and addressing adverse human rights impacts with which they have some involvement. Respecting diversity, emphasizing the commitment to follow the conduct and codes that respect human rights in companies, with direct and indirect action, outsourced, in addition to the partner companies, etc., with possible internal sanctions for those who do not respect this commitment.

Ensure decent working conditions

In what way?

1. Through a productive environment, with adequate remuneration, in conditions of freedom, equity and safety, with initiatives to ensure a healthy work environment and safe, accessible to people with disabilities.

2. Observing the rights of its collaborators to freely associate, to join unions, collective bargaining, etc.

3. Not having relationships with companies or people that violate human rights.

4. Respecting the rights of children and adolescents, including in its work and business company that maintains a bond, preventive and remedial actions against the violation minority rights, such as the eradication of child labor and sexual exploitation of children and adolescents, to avoid risks and impacts.

5. Monitoring through contracts signed with its suppliers, adopting measures of prevention and precaution, to avoid or minimize adverse impacts, throughout the chain of production of business groups.

Fighting social inequalities

By what means?

1. Equal pay and benefits for positions and functions with the same attributions, regardless of gender, sexual orientation, ethnic-racial, origin, generational, religious, physical appearance and disability of its employees;

2. Adoption of growing percentage targets for filling vacancies and hierarchical promotion for these people, even if specific courses and training are necessary;

3. Granting youth access to training for work under appropriate conditions;

4. Respect for the rights of older people, people with disabilities, groups populations who had difficulties in accessing employment due to practices discriminatory, of women, of the lesbian, gay, bisexual, transvestite population, transsexuals or transgenders, ensuring access and employability;

5. Implementation of social, economic and cultural rights of local communities and peoples traditions, respecting the social and cultural identity and the source of subsistence, through prior consultation and constant dialogue.

Identifying human rights violations

Through:

1. Development and periodic implementation of procedures for reassessment in terms of human rights with the aim of identifying, preventing, mitigating and reporting risk, of the impact and violation arising from its activities, operations and commercial relations throughout the production chain;

2. Repair of the negative consequences on human rights that cause or have contributed to provoke;

3. Clear, transparent and fair accountability and means of prevention and redress, with the due public disclosure to providers of human rights standards to which they adhere subjects so that there is control by workers and civil society, with the exception of commercial confidentiality.

4. Wherever possible, stakeholder participation, particularly individuals and communities potentially affected by the activities, in the diligence process, from the assessment of impacts to the rendering of accounts of the measures that are adopted, including the decision process about which and how they will be executed;

5. Companies with many entities in their sphere of influence, which makes it difficult to audit each entity, must prioritize the areas most subject to risks of negative consequences about human rights.

Establish operational reporting and complaint mechanisms

How?

1. Establishing mechanisms for reporting, investigation and corrective measures, ensuring confidentiality and anonymity to whistleblowers in good faith, ensuring the accessibility of these instruments to employees, suppliers, partners and the surrounding community, in addition to transparency, impartiality and ability to deal with issues involving threats to human rights with previously established and widely publicized response flows and deadlines;

2. Implementing a risk management system for human rights abuses, with emphasis on the health and safety of employees, with the identification of negative impacts directly or indirectly related;

3. Adopting a communication, inspection and sanction policy aimed at its employees;

4. Publicizing the channels for denouncing offenses against internal and public human rights, such as Dial 100 and the Women's Assistance Center;

5. Adapting the company and its affiliates, controlled companies, subsidiaries, partners and suppliers to the requirements and legal prohibitions in relation to the fight against corruption, unethical behavior and moral harassment;

6. Fostering a culture of ethics and respect for the law, with emphasis on the fairness of the public procurement;

7. Creating and maintaining a corporate integrity program with a responsible instance endowed with autonomy, impartiality, material, human and financial resources, with possibility of direct access to the highest decision-making level of the company and with the attribution of review the program periodically;

8. Establishing internal control and the applicability of the integrity program with frequent reporting and publication of financial statements;

9. Instituting internal processes to investigate reports of unethical behavior, in that the facts are verified with credibility and that the culprits are duly held accountable, warning and dismissal accepted;

10. Publishing annually the actions carried out to promote the integrity and control of corruption.

Ensure active transparency

Through the?

1. Disclosure of relevant information and documents accessible to interested parties, not only with regard to mechanisms for the protection of rights and prevention, but also with regard to ways of repairing violations of rights in the production chain.

2. Disclosure of annual information on the corporate actions carried out, especially regarding the internal audit and risk management system, and compliance with the standards of protection of rights, norms for preventing and repairing possible violations of rights.

3. Employee awareness of company policies to ensure access to information and complete performance in the production process, without failures that result in injuries.

4. Active transparency with consumers, with fast and effective access, without costs or charges unnecessary information regarding the compatibility of business activities, of the production process or provision of services with human rights.

Adopting initiatives for environmental sustainability

In what way?

1. Knowing the environmental impacts caused by its activities, its products and its services, disclosing this information transparently, especially to groups directly impacted;

2. Avoiding damage and causing less impact on natural resources and using, in a sustainability, material resources, measures linked to the Development Goals Sustainable Development of the United Nations, through the use of goods and services that do not generate waste, pollution or contamination or that generate the least amount possible, and solid waste management to be socially inclusive and participatory, aiming at non-generation, reduction, reuse, recycling, treatment and final disposal;

3. Replacing the materials that generate waste that are more aggressive to nature with those that are more environmentally appropriate, prioritizing what is biosustainable of local origin, in more efficient production, with the aim of reducing greenhouse gas emissions.

4. Encouraging clean energy sources to reduce electricity consumption, the use of recyclable products or products that have a longer useful life and lower maintenance cost of the good or work, the sustainable use of local and regional potential, and dialogue permanently with the communities.

ACCESS TO REPAIR AND REMEDIATION MECHANISMS FOR THOSE WHO HAVE THEIR RIGHTS AFFECTED

The State must maintain judicial and non-judicial complaint and redress mechanisms in conjunction with the Judiciary and other actors, proposing concrete solutions to make the state system of legitimate, accessible, predictable, equitable, transparent and participatory redress. Also encouraging companies to have internal mechanisms for listening and reporting with a flow and deadline for pre-established and widely disseminated answers, in clear language, so that people can demand their rights. In addition to encouraging the adoption by companies of pecuniary compensation and non-pecuniary, public apologies, restitution of rights and guarantees of non-repetition. Other An essential measure is the strengthening of inspection actions for the violation of labor rights and environmental issues, with consequent prioritization of legal proceedings involving disasters environmental and social aspects arising from business activity, in compliance with the guidelines and instruments of the United Nations Office for Disaster Risk Reduction.

IMPLEMENTATION, MONITORING AND EVALUATION OF THE GUIDELINES

According to Decree No. 9,571, of November 21, 2018, the Ministry of Human Rights, currently Ministry of Women, Family and Human Rights, should institute the Follow-up and Monitoring of the National Guidelines on Business and Human Rights, with the attributions of preparing an annual action plan to implement the Guidelines; develop studies with the participation of the business, civil and academic sectors with a view to protecting and promoting respect for human rights by companies; establish quantitative and qualitative indicators for follow-up, monitoring and evaluation periods; receipt of complaints, reports and civil society proposals, among others.

POST-DECREE UPDATE

JUNE 13, 2019 – The National Human Rights Council makes recommendations to the Norte Energia concessionaire, to the Ministry of Women, Family and Human Rights and the Federal Public Ministry and the Federal Public Defender's Office in Altamira, due to human rights violations in the Volta region Grande do Xingu, Pará.

SEPTEMBER 11, 2019 – The Ministry of Women, Family and Human Rights launched the Amiga da Família Company Seal with the aim of promoting reflection on the adoption of work-family balance practices by Brazilian public and private companies.

NOVEMBER 1, 2019 - Minister Damares Alves spoke at an event seeking partnerships with entrepreneurs for the implementation of public policies to promote human rights by defending the need for the participation of the civil society.

DECEMBER 18, 2019 – The Ministry of Women, Family and Human Rights awards the Empresa Amiga da Família Seal to companies that already have the best initiatives and those that are committed to adopting them.

MARCH 12, 2020 – The National Human Rights Council edited Resolution nº 5 on National Guidelines for a public policy on Human Rights and Business.

Technical Support

In this section we have included guides and reports that we believe will be useful for help small-scale miners to handle mercury in a way less harmful, in addition to institutions that are concerned with practical solutions involving the handling of mercury.

1. Planet Gold : Organization working to make gold mining small safer, cleaner and more profitable scale and eliminate mercury from supply chain for gold produced by artisanal miners and small scale:

2. Support efforts to integrate the ASGM (English acronym for artisanal and small-scale mining) in the formal economy, in society and the regulatory system;

3. Introduce and facilitate access to mercury-free technologies and ASGM best practices;

4. Facilitate miners' access to gold supply chains formal, in partnership with gold buyers and industrial users;

5. They command a range of models of access to investment and funding for small-scale miners and their communities;

6. Criteria for Environmentally and Socially Responsible Operations : Guide with criteria for artisanal and small-scale miners to undertake efforts to avoid, minimise, mitigate and, when appropriate, offset the adverse impacts caused by the use of the Mercury. Despite being a guide for program participants planetGold, its content is useful to all those who work with mercury directly or indirectly as they contain safety measures and other information that may be interesting.

7. Risk mitigation code for artisanal and small scale mining scale dedicated to formal trade Version 2.0 – CRAFT : Guide that aims to serve as a tool for artisanal miners and small-scale businesses validate their eligibility to sell and obtain minerals and metals sourced in accordance with international guidelines and security standards.

8. Enabling FPIC through voluntary standards : Report with the aim of developing a tool to help those who works directly or indirectly with mercury to monitor and verify that the mining process is being implemented responsibly. According to the organization responsible for the project, the tool was developed with representatives of Indigenous Peoples who have experience with community consultation processes and free consent, a priority and informed, in order to establish a structure that integrates the management requirements of best practices with indicators, procedures and protocols constructed with and by Indigenous Peoples. Responsible organization website: Equitable Origin | Home

9. CETEM : Website of the Mineral Technology Center of Brazil with information that may be interesting as a database, repository with availability of technical and scientific production, library with collection significant amount of publications, periodicals and other documents especially in the area of mineral technology, mining processes, metallurgical and environmental technology.

10. Solidarity Network : According to the organization itself, its mission is to bring together actors from the supply of several commodities, including gold, and ´´engaging them with innovative solutions to improve production, ensuring the transition to a sustainable and inclusive economy that maximize the benefit for all´´. The site also has information about the damage caused by the misuse of mercury, the cycle of poverty that many times involves it and other information.

11. IBRAM - Brazilian Mining Institute : According to the Institute, they are a national entity that represents the companies and institutions that operate in the mining sector in Brazil. Is private, non-profit association whose objective is to congregate, represent, promote and publicize the mining industry Brazil, contributing to its national competitiveness and International". The site has publications such as annual reports, public policies for the Mineral Industry and other information relevant.

12. Expedition Mercury webpage : Informative and interactive website with a playful interface that contains data on the use of mercury, the effects of exposure to this substance, recommendations etc. Contact: janeth.lazarte@undp.org

13. Zero Mercury Working Group : According to the organization, its work aims to “advocate and support the adoption and implementation of a legally binding instrument containing obligations to eliminate where possible, and otherwise minimise, global mercury supply and trade, global mercury demand, the anthropogenic release of mercury to the environment, and the human and wildlife exposure to mercury”. The group's website has a variety of relevant information, reports, publications and data on mercury in products such as batteries, cosmetics, etc. Besides information on the use of mercury in various industrial processes and of the impacts of this substance on nature.

14. Alliance for Responsible Mining (ARM) : According to the organization, its job is to facilitate the “training of artisanal and small-scale miners, their organization and the adoption of good practices, promoting favorable environments for the inclusion of artisanal and small-scale miners in the formal economy. create standard systems for production and trade and support the creation of chains responsible supply”. The website has several features such as newsletters, reports, news and even consulting services, chains of production, certification and training center.

15. Responsible Jewelery Board : According to the organization “The RJC Code of Practice (COP) is the standard global leader in the responsible jewelry and watch industry, with a focus on business ethics and responsible supply chains. Our Code covers all minerals and primary metals used in the manufacture of jewels, including gold”. The website has business consulting that seek to align themselves with human rights guidelines, the right of the work, health and safety, as well as other information such as reports.

16. SCIENCE – Amazon Scientific Innovation Center: Depending on the Center, its work is to generate scientific knowledge and integrate that knowledge to develop environmental management initiatives to promote the sustainable development. Leveraging science and society to environmental solutions. The mercury section of the site has data, relevant information, objectives and methods to reduce ailments caused by this substance, in addition to research, technical notes, articles and scientific posters that deal directly or indirectly with the mercury. Contact: fernanle@wfu.edu

17. Mining Working Group : According to the organization ´´The Mining Working Group addresses practices and unfair and unsustainable extractive policies through the lens of rights of local communities and indigenous peoples and the ability to earth's burden.

Educational materials

1. Practical Guide: Mercury in the Amazon: health and environment : Presents information about mercury in the Amazon, where the substance is found and how it reaches the human body, how it prevent exposure and actions to be taken if contamination to occur. Year: 2020. Author: Human Rights and Law Clinic Environment of the University of the State of Amazonas.

2. Primer: Mercury in communities in the Colombian Amazon : The booklet contains information about mercury, its properties chemicals, characteristics, effects on human health, their cycle and path until reaching the basic diet of the population. Year: 2018. Authors: Parques National Naturals of Colombia; Minenvironment; University of Cartagena and Gordon and Betty Moore Foundation.

3. Comic book “Mercury: the risk to health and nature“ : Comic book that in a playful way brings information about the mercury contamination, its effects and risks on human health, in addition to ways to protect yourself from this substance. Translated into English from Original Bahasa. Year: 2020 Author: PlanetGold Indonesia.

4. Informational posters on the use of mercury : Contains easy-to-understand guidance on mercury, its effects on the human body and ways to avoid intoxication, whether avoiding some fish or using safety equipment. In English. Year: unknown Author: PlanetGold Guyana.

5. Primer: Mercury contamination and human rights : Booklet with the impacts of mercury on human health and the implications of its use in human rights, with violations of the rights to life, to health, food, access to information, workers. year: no informed. Authors: BT and CIEL.

Why should we care about mercury exposure?

This section provides basic information about mercury exposure, and how to it affects us, the symptoms it causes and the groups most vulnerable to this substance. Let's continue!!!!

As is known, although Mercury is naturally present in water, land and air, continuous contact with the most toxic form of substance, methyl mercury, can cause serious health problems, lead to death.

As continued exposure to Methyl Mercury through food consumption contaminated affects the human body?

1. Alterations and retardation in the intellectual and physical growth of children, disturbance of the senses, dizziness, vomiting and headaches.

2. Vision problems.

3. High blood pressure, heart disease, heart attack, artery clogging.

4. Changes in fetal development in pregnant women.

5. Altered sensation in the feet and hands (“as if you were on gloves").

6. Tingling sensation.

7. Difficulty speaking.

8. Hearing loss.

Other damage from exposure to Mercury in the human body

1. Inhaling mercury vapor damages the lungs, causing difficulty breathing and may reach the blood system.

2. Mercury can lower the body's defenses against other diseases.

3. Causes loss of ability to voluntarily control movement muscles.

4. Abnormal tremors, loss of appetite and weight.

5. Excessive salivation.

6. Damage to the kidneys and liver.

It is important to make it clear that the symptoms of intoxication sometimes take years to manifest themselves, which should only make us more alert to the precautions and precautions in handling or contact with this substance. What precautions to take?

1. Keep an eye on product packaging and check for the presence of Mercury, and if it contains the substance, report it to ANVISA;

2. Correct disposal of batteries, batteries and light bulbs and under no circumstances dispose of products with mercury in common garbage cans;

3. Follow a diet with less fish “that eat other fish”. The fishes with lower mercury content are: Acará-Açu, Aracu, Sardinha, Jaraqui, Aruanã, Matrinxã, Pacú and Tambaqui.

4. Introduce more fruits and vegetables to your diet;

5. Practicing physical exercises;

6. And if handling Mercury is unavoidable, do it with safety measures. safety, wearing masks, gloves and protective clothing.

7. Do not burn or deforest. Trees remove mercury from the air catching it in the leaves, so when a tree is burned, all that Mercury is released back into the air which will subsequently fall out with the rain in the rivers, contaminating the fish.

Most vulnerable groups

1. Prospectors

   Garimpeiros are the group most exposed to damage from exposure to Mercury, since they have direct contact with the substance either through extraction as by purifying gold, handling mercury or inhaling its vapour.

   These workers are subjected to precarious working conditions, without having respected their rights to health, payment of rights labor rights or safety in the work environment, rights generally regulated by national standards aimed at large-scale operations scale, leaving craft and small-scale workers at the mercy of informal work and all the ills resulting from exposure to Mercury.

2. Women of childbearing age, pregnant or breastfeeding.

   Women of childbearing potential, who are pregnant or breastfeeding, should take precautions additional costs as Mercury can pass to the fetus either through the placenta and breastfeeding, including months after birth. mother exposure. The nervous system of the developing fetus is more sensitive to the toxic substance, cognitive thinking, memory, attention are some of the skills that can be affected in children who were exposed to mercury in the fetal stage.

3. Children under 6 years old.

   Children under 6 years old need more protection against ingestion of Methyl Mercury due to its cumulative effect and irreversible damage that affects current and future generations. Including this one group is seen as a doubly vulnerable group since in mining exploitation of child labor also occurs, placing these children in direct contact with Mercury.

4. Indigenous Peoples and traditional riverside communities.

   Indigenous Peoples and traditional riverside communities deserve attention especially in the Amazon region, since its base food are fish, animals at the top of the food chain with the highest concentration of Methyl Mercury that ends up being absorbed by who feeds on these contaminated fish.