Brazil’s New Development Law Threatens Amazon Protections, UN Warns

A recent law passed by Brazilian lawmakers aims to expedite approvals for development projects, raising serious concerns about its potential impact on the environment and human rights. According to UN expert Astrid Puentes Riaño, this legislation represents a significant rollback of protections that have been in place for decades, particularly for the Amazon Rainforest. The timing of this development is notable, as Brazil prepares to host the COP30 climate summit later this year.

The law, which simplifies the process for obtaining environmental licenses for projects such as roads, dams, and mines, has been criticized as the “devastation bill.” Critics argue that it could lead to increased environmental abuses and deforestation. Although the bill has been passed by both the Senate and the Chamber of Deputies, it still requires the approval of President Lula da Silva, who has until August 8, 2024, to make a decision.

Supporters of the legislation contend that it will streamline a lengthy and complex approval process, providing greater certainty for businesses. Under the new law, some developers may self-declare their environmental impact for smaller projects using an online form. While proponents argue this reduces bureaucracy, critics, including Riaño, express significant concerns about the potential consequences. She highlighted that lighter regulations could apply to mining projects that significantly impact the Amazon region, stating, “This will prevent environmental impact assessments from being done on these projects.”

Under the proposed changes, environmental agencies would have a maximum of 12 months, extendable to 24, to decide on licenses for strategic projects. If agencies fail to meet this deadline, a license could be automatically granted. While supporters claim this will prevent delays for essential projects, Riaño emphasizes the need for comprehensive assessments based on scientific evidence.

The legislation also relaxes consultation requirements for indigenous and traditional quilombola communities, only necessitating engagement when they are directly impacted. This has raised alarm among UN experts, who argue that fast-tracking assessments may undermine community participation and infringe on human rights. Critics are particularly worried that weakening environmental protections could lead to environmental disasters and violate indigenous rights.

The Brazilian Climate Observatory has described the bill as the “biggest environmental setback” since the military dictatorship, which saw significant deforestation and displacement of indigenous populations due to road construction and agricultural expansion. Riaño warned that the law could lift protections for more than 18 million hectares of land, an area roughly the size of Uruguay.

Brazil’s Environment and Climate Change Minister, Marina Silva, has vocally opposed the bill, calling it a “death blow” to environmental protections. Despite her strong stance, she has previously clashed with President Lula on various issues, including proposals for oil drilling in the Amazon. If the president vetoes the bill, there is a possibility that the conservative-leaning Congress could attempt to override his decision.

As the debate continues, the implications of this law could have profound effects not only on Brazil’s environmental landscape but also on its international reputation and commitments to climate change initiatives. The coming months will be critical in determining the future of the Amazon and the rights of its indigenous communities.