In a significant environmental governance action, UN human rights and environmental experts have expressed their approval following Brazilian President Luiz Inácio Lula da Silva’s decision to veto 63 provisions of a major environmental licensing bill. The announcement, made earlier this week, has been hailed as a crucial move in safeguarding human rights, Indigenous communities, and the integrity of Brazil's ecosystems.

The vetoed sections of the bill included some of its most contentious elements, which, according to experts, could have led to "irreversible damages" to both Brazil’s natural environments and its societal structures. By enacting these vetoes, the President aligned with Article 225 of Brazil’s Constitution, which not only ensures the right to an ecologically balanced environment but also mandates the state and the public to preserve it for current and future generations.

Significantly, the blocked provisions included exemptions for mining activities, allowed self-licensing by corporations, and imposed limitations on the participation of Indigenous and Quilombola communities. These measures, if implemented, would have contradicted the constitutional prerequisites of prior environmental impact assessments and broad public involvement.

The experts also placed the President's decision within the context of international law, referencing Brazil's commitments under various treaties such as the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on Biological Diversity, and the ILO Convention No. 169 regarding Indigenous and Tribal Peoples. These international agreements compel Brazil to fulfill rights crucial for human dignity, like access to health, food, and water, while preventing environmental degradation and ensuring community consultation and consent.

Failure to comply with these international standards could have subjected Brazil to global scrutiny or legal challenges, particularly from the Inter-American Court of Human Rights, which has previously confirmed the state's responsibilities in regulating environmentally and socially impactful projects.

The experts emphasized the necessity for ongoing vigilance and adherence to the precautionary principle, a core component of international environmental law, which mandates thorough environmental impact assessments for all significant projects. They also called for strengthened participatory frameworks to avoid legal disputes and enhance the legitimacy of policy decisions.

As Brazil gears up to host the upcoming COP30 in Belém, experts underscored the importance of enhancing mechanisms for effective community consultation and participation, especially with Indigenous and Quilombola groups. By doing so, Brazil not only adheres to its legal and moral obligations but also bolsters its international standing as a leader in sustainable and inclusive environmental governance.