“Statement at the end of visit to Brazil by the United Nations Working Group on Business and Human Rights”, 16 December 2015

...[W]e...ended our ten-day visit to Brazil...to support efforts of the Government, business enterprises and other stakeholders to prevent and strengthen protection against business-related human rights abuses, in line with the UN Guiding Principles on Business and Human Rights...We are grateful to the Government of Brazil for the support and facilitation of this mission...[W]e met with Government officials...[,]...Congress...;...CUT..., FIRJAN..., the Global Compact Brazilian Network, UN...,...business enterprises (including Norte Energia, Petrobras, Samarco, and Vale); civil society organizations; and affected communities...[B]usiness enterprises...and business associations remain largely unaware of the...Guiding Principles...If companies focus on...human rights risks to a specific project...there is a risk that human rights concerns will be traded off and side-lined, to the detriment of affected communities...It seems that the Government grants a licence for a large infrastructure project and...provides little oversight or regulation...States...can have a small presence in the operation of economic activities but it has to have a strong presence in overseeing and enforcing human rights...Many...[large public and private investments]...projects have had significant adverse impacts on local communities and their human rights...The Working Group received information and heard testimonies from affected communities and public prosecutors concerning...cases...[eg. Belo Monte dam, dam disaster in Mariana, Rio 2016 Olympics; including allegations of abuses of indigenous, right to information, labour and social-environmental rights, etc]...There needs to be a better balance in the power structure relating to investments to ensure that a regulatory or State framework..is able to act to resolve the power imbalance that may allow irresponsible business practice to go un-checked. Rights holders must be provided with...power...in a way that enables them to be in a balanced negotiating position vis-a-vis a company...[T]he Working Group notes with concern the perception of corporate capture of regulatory and policy making process which leads to suspicion that companies are in charge of all aspects of their development projects without appropriate oversight by the State...Business as usual...

[It refers to BNDES]