Brazil
A national policy on business and human rights is being developed by the Ministry of Human Rights and Citizen Affairs. A national policy contains principles and general goals, rather than specific actions, hence Brazil is classified as ‘Other’.
Available NAPs
Brazil: 1st NAP (Under development)
Status
A national policy on business and human rights is being developed by the Ministry of Human Rights and Citizen Affairs. A national policy contains principles and general goals, rather than specific actions.
An Inter-ministerial working group to develop the national policy was established in November 2023. On 7 February 2024, the Working Group was constituted and approved a workplan. It announced that a methodology, which will include measures for stakeholder participation, will be published in Q1 2024.
Process
In Brazil, a national policy on responsible business conduct was published December 2022, developed by the Ministry of Economy.
The former Ministry of Women, Family and Human Rights (MMFDH) began a process to develop a national action plan on business and human rights under the previous Government. The legislative decree 9571/2018 created a Steering Committee for the creation of a NAP.
The list of issues sent to Brazil ahead of their CESCR report in 2021 requests “an update on the development of a national action plan on business and human rights”
The former Ministry of the Economy (MDE) published a National Action Plan on Responsible Business Conduct (PACER) in December 2022 (Portuguese only). This plan focuses on implementation of the OECD Guidelines for Multinational Enterprises and builds on the OECD RBC Policy Review of Brazil conducted in 2022. It contains 6 axis, of which one is on Human Rights. The Human Rights axis is divided in ten parts:
- Human Rights in a Corporate Context
- Women’s Rights
- Children’s and Adolescents’ Rights
- Youth Rights
- Older Persons’ Rights
- Disabled Persons’ Rights
- Racial Equality
- Protection of Family
- Forced Labour
- Migrants and Refugees
An Inter-ministerial working group to develop a national policy was established through a presidential decree (Decreto No 11.772) on 9 November 2023 (in Portuguese here) under the scope of the Ministry of Human Rights and Citizenship. This revoked legislative decree 9571/2018.
The working group is composed of representatives from
- Ministry of Human Rights and Citizenship, which will coordinate it;
- Attorney General’s Office;
- Office of the Comptroller General of the Union;
- Ministry of Development, Industry, Commerce and Services;
- Ministry of Entrepreneurship, Microenterprise and Small Business;
- Ministry of Sports;
- Ministry of Management and Innovation in Public Services;
- Ministry of Racial Equality;
- Ministry of Justice and Public Security;
- Ministry of Environment and Climate Change;
- Ministry of Mines and Energy;
- Women’s Ministry;
- Ministry of Ports and Airports;
- Ministry of Indigenous Peoples;
- Ministry of Labor and Employment; and
- Ministry of Transport.
The working group is responsible for the preparation of studies on the national and international legal systems for the protection of human rights in relation to business activity, with a view to the elaboration and implementation of the National Policy on Human Rights and Business. It will meet on a monthly basis and has a term of 180 days, which is can be extended by another 180 days.
On 7 February 2024, the Working Group was constituted (information here in Portuguese). Minister Silvio Almeida “who has already declared this to be one of the priorities of the current administration – said that the theme inserts Brazil in the international debate and praised the approximation of the debate between human rights and the economy.” The Working Group approved a workplan and announced that a methodology, which will include measures for stakeholder participation, will be published in Q1 2024. Work is expected to be concluded by the end of July and proposals presented to Minister Silvio Almeida in August 2024.
Stakeholders views and analysis on the NAP
The (now revoked) legislative decree No. 9571/18 was criticized by the HOMA Centre for Human Rights and Business due to its “top-down” and voluntaristic approach. In particular, CSOs have complained due to the lack of participation in the drafting process of the NAP.
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