International Journal On Human Rights

ISSN 1806-6445
18
international journal
on human rights
INFORMATION AND HUMAN RIGHTS
Sérgio Amadeu da Silveira

Aaron Swartz and the Battles for Freedom of Knowledge
v. 10 • n. 18 • Jun. 2 0 13 Alberto J. Cerda Silva
Biannual Internet Freedom is not Enough:
Towards an Internet Based on Human Rights
English Edition
Fernanda Ribeiro Rosa
Digital Inclusion as Public Policy:
Disputes in the Human Rights Field
Laura Pautassi
Monitoring Access to Information from the Perspective
of Human Rights Indicators
Jo-Marie Burt and Casey Cagley
Access to Information, Access to Justice:
The Challenges to Accountability in Peru
Marisa Viegas e Silva

The United Nations Human Rights Council: Six Years On
Jérémie Gilbert
Land Rights as Human Rights:
The Case for a Specific Right to Land
Pétalla Brandão Timo
Development at the Cost of Violations:
The Impact of Mega-Projects on Human Rights in Brazil
Daniel W. Liang Wang and Octavio Luiz Motta Ferraz
Reaching Out to the Needy? Access to Justice and Public Attorneys’
Role in Right to Health Litigation in the City of São Paulo
Obonye Jonas
Human Rights, Extradition and the Death Penalty:
Reflections on The Stand-Off Between Botswana and South Africa
Antonio Moreira Maués
Supra-Legality of International Human Rights Treaties
and Constitutional Interpretation
Electronic copy available at: http://ssrn.com/abstract=2401195

EDITORIAL BOARD ADVISORY BOARD
Christof Heyns University of Pretoria (South Africa) Alejandro M. Garro Columbia University (United States)
Emilio García Méndez University of Buenos Aires (Argentina) Bernardo Sorj Federal University of Rio de Janeiro / Edelstein
Fifi Benaboud North-South Centre of the Council of Europe Center (Brazil)
(Portugal) Bertrand Badie Sciences-Po (France)
Fiona Macaulay Bradford University (United Kingdom) Cosmas Gitta UNDP (United States)
Flávia Piovesan Pontifical Catholic University of Daniel Mato CONICET / National University of Tres de Febrero
São Paulo (Brazil) (Argentina)
J. Paul Martin Columbia University (United States) Daniela Ikawa International Network on Economic, Social and
Kwame Karikari University of Ghana (Ghana) Cultural Rights / Columbia University (United States)
Mustapha Kamel Al-Sayyid Cairo University (Egypt) Ellen Chapnick Columbia University (United States)
Roberto Garretón Former-UN Officer of the High Ernesto Garzon Valdes University of Mainz (Germany)
Commissioner for Human Rights (Chile) Fateh Azzam Arab Human Rights Fund (Lebanon)
Upendra Baxi University of Warwick (United Kingdom) Guy Haarscher Université Libre de Bruxelles (Belgium)
Jeremy Sarkin University of the Western Cape (South Africa)
EDITORS
Pedro Paulo Poppovic João Batista Costa Saraiva Regional Jurisdiction for Children
Oscar Vilhena Vieira and Adolescents of Santo Ângelo/RS (Brazil)
José Reinaldo de Lima Lopes University of São Paulo (Brazil)
EXECUTIVE BOARD
Maria Brant - Executive Editor Juan Amaya Castro University for Peace (Costa Rica)/VU
Albertina de Oliveira Costa University Amsterdam (Netherlands)
Conrado Hubner Mendes Lucia Dammert Global Consortium on Security Transformation
Glenda Mezarobba (Chile)
Hélio Batista Barboza
Luigi Ferrajoli University of Rome (Italy)
Juana Kweitel
Laura Waisbich Luiz Eduardo Wanderley Pontifical Catholic University of
Lucia Nader São Paulo (Brazil)
Malak El-Chichini Poppovic Conectas Human Rights (Brazil)
EDITING
Luz González Maria Filomena Gregori University of Campinas (Brazil)
Francisca Evrard Maria Hermínia Tavares de Almeida University of São Paulo
(Brazil)
REVISION OF TRANSLATIONS
Carolina Fairstein (Spanish) Miguel Cillero University Diego Portales (Chile)
Ana Godoy (Portuguese) Mudar Kassis Birzeit University (Palestine)
The Bernard and Audre Rapoport Paul Chevigny New York University (United States)
Center for Human Rights and Justice,
University of Texas, Austin (English) Philip Alston New York University (United States)
Roberto Cuéllar M. Inter-American Institute of Human Rights
GRAPHIC DESIGN (Costa Rica)
Oz Design
Roger Raupp Rios Federal University of Rio Grande do Sul
ART EDITING (Brazil)
Alex Furini Shepard Forman New York University (United States)
CIRCULATION Victor Abramovich University of Buenos Aires (UBA)
Luz González Victor Topanou National University of Benin (Benin)
PRINTING Vinodh Jaichand Irish Centre for Human Rights, National
Prol Editora Gráfica Ltda. University of Ireland (Ireland)
SUR - International Journal On Human Rights is a biannual journal published in English, Portuguese and Spanish by
Conectas Human Rights. It is available on the Internet at <http://www.surjournal.org>
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SUR. Revista Internacional de Direitos Humanos / Sur – Rede Universitária de Direitos

Humanos – v.1, n.1, jan.2004 – São Paulo, 2004 - .
Semestral
ISSN 1806-6445
Edições em Inglês, Português e Espanhol.
1. Direitos Humanos 2. ONU I. Rede Universitária de Direitos Humanos
Electronic copy available at: http://ssrn.com/abstract=2401195

CONTENTS
INFORMATION AND HUMAN RIGHTS
SÉRGIO AMADEU DA SILVEIRA 7 Aaron Swartz and the Battles for Freedom of Knowledge
ALBERTO J. CERDA SILVA 17 Internet Freedom is not Enough:

Towards an Internet Based on Human Rights
FERNANDA RIBEIRO ROSA 33 Digital Inclusion as Public Policy:

Disputes in the Human Rights Field
LAURA PAUTASSI 55 Monitoring Access to Information from the Perspective

of Human Rights Indicators
JO-MARIE BURT AND
CASEY CAGLEY 75 Access to Information, Access to Justice:
The Challenges to Accountability in Peru
MARISA VIEGAS E SILVA 97 The United Nations Human Rights Council:

Six Years On
JÉRÉMIE GILBERT 115 Land Rights as Human Rights:

The Case for a Specific Right to Land
PÉTALLA BRANDÃO TIMO 137 Development at the Cost of Violations: The Impact
of Mega-Projects on Human Rights in Brazil
DANIEL W. LIANG WANG AND
OCTAVIO LUIZ MOTTA FERRAZ 159 Reaching Out to the Needy? Access to Justice and
Public Attorneys’ Role in Right to Health Litigation
in the City of São Paulo
OBONYE JONAS 181 Human Rights, Extradition and the Death Penalty: Reflections
on The Stand-Off Between Botswana and South Africa
ANTONIO MOREIRA MAUÉS 205 Supra-Legality of International Human Rights Treaties

and Constitutional Interpretation
PRESENTATION
■ ■ ■
SUR 18 was produced in collaboration with the organiza- lice violence, but also activities related to public manage-
tions Article 19 (Brazil and United Kingdom) and Fundar ment and administration. Sometimes, they want to know
(Mexico). In this issue’s thematic dossier, we have published about decision-making processes (how and when decisions
articles that analyze the many relationships between infor- are made to build new infrastructure in the country, for
mation and human rights, with the ultimate goal of answer- example, or the process for determining how the country
ing the questions: What is the relationship between human will vote in the UN Human Rights Council), while at other
rights and information and how can information be used to times they are more interested in the results (how many
guarantee human rights? This issue also carries articles on prisoners there are in given city or region, or the size of
other topics related to today’s human rights agenda. the budget to be allocated to public health). Therefore, ac-
cess to information was transformed into one of the main
claims of social organizations working in a wide range of
Thematic dossier: fields, and the issue of publicity and transparency of the
Information and Human Rights State became a key one. This movement has scored some
Until recently, many human rights organizations from the significant victories in recent years, and a growing number
Global South concentrated their activities on the defense of governments have committed to the principles of Open
of freedoms threatened by dictatorial regimes. In this con- Government** or approved different versions of freedom
text, their main strategy was whistleblowing, closely linked of information laws.***
to the constant search for access to information on vio- This legislation has played an important role in the
lations and the production of a counter narrative capable field of transitional justice, by permitting that human
of including human rights concerns in political debates. rights violations committed by dictatorial governments
Since they found no resonance in their own governments, finally come to light and, in some cases, that those re-
the organizations very often directed their whistleblowing sponsible for the violations are brought to justice. In their
reports to foreign governments and international organi- article Access to Information, Access to Justice: The
zations, in an attempt to persuade them to exert external Challenges to Accountability in Peru, Jo-Marie Burt and
pressure on their own countries.* Casey Cagley examine, with a focus on Peru, the obstacles
Following the democratization of many societies in faced by citizens pursuing justice for atrocities committed
the Global South, human rights organizations began to in the past.
reinvent their relationship with the State and with the As the case of Peru examined by Burt and Cagley
system’s other actors, as well as how they engaged with demonstrates, the approval of new freedom of informa-
the population of the countries where they were operating. tion laws no doubt represents important progress, but the
But the persistence of violations even after the fall of the implementation of this legislation has also shown that it is
dictatorships and the lack of transparency of many govern- not enough to make governments truly transparent. Very
ments from the South meant that the production of coun- often, the laws only require governments to release data
ter narratives continued to be the main working tool of in response to a freedom of information request. They do
these organizations. Information, therefore, was still their not, therefore, require the State to produce reports that
primary raw material, since combating human rights vio-
lations necessarily requires knowledge of them (locations
where they occur, the main agents involved, the nature of **The Open Government Partnership is an initiative created
the victims and the frequency of occurrences etc.). Their by eight countries (South Africa, Brazil, South Korea, United
reports, however, previously submitted to foreign govern- States, Philippines, Indonesia, Mexico, Norway and United
ments and international organizations, were now directed Kingdom) to promote government transparency. The Decla-
ration of Open Government was signed by the initial eight
at local actors, with the expectation that, armed with in- members in 2011, and by the end of 2012 the network had
formation about the violations and endowed with voting been joined by 57 nations (Available at: http://www.state.
power and other channels of participation, they themselves gov/r/pa/prs/ps/2012/09/198255.htm). The initiative takes
would exert pressure on their governments. Furthermore, into account the different stages of public transparency in
after democratization, in addition to combating abuses, each of the member countries, which is why each country
many human rights organizations from the Global South has its own plan of action for implementing the principles
aspired to become legitimate actors in the formulation of of open government. More information on the initiative is
public policies to guarantee human rights, particularly the available at: http://www.opengovpartnership.org.
rights of minorities that are very often not represented by ***In 1990, only 13 countries had some form of Freedom of
the majority voting system. Information legislation (Cf. Toby Mendel. 2007. Access to in-
In this context, the information produced by the pub- formation: the existing State of affaire around the world. In.
lic authorities, in the form of internal reports, became VILLANUEVA, Ernesto. Derecho de la información, cultu-
fundamental for the work of civil society. These days, or- ras y sistemas jurídicos comparados. México: Universidad
ganizations want data not only on rights violations com- Nacional Autónoma de México). By 2010, however, appro-
ximately 70 countries had adopted such a law. (Cf. Roberts,
mitted by the State, such as statistics on torture and po- Alasdair S. 2010. A Great and Revolutionary Law? The First
Four Years of India’s Right to Information Act. Public Ad-
ministration Review, vol.70, n. 6, p. 25–933.). Among them,
*K. Sikkink coined the term “boomerang effect” to describe South Africa (2000), Brazil (2012), Colombia (2012), Sou-
this type of work by civil society organizations from countries th Korea (1998), India (2005), Indonesia (2010), Mexico
living under non-democratic regimes. (2002) and Peru (2003).
make the existing data intelligible, nor to release the infor- ing digital inclusion as a social right, which, based on the
mation on their own accord. The problem is exacerbated dialogue in the field of education and the concept of digi-
when the State does not even produce the data that is tal literacy, goes beyond simple access to ICT and incorpo-
essential for the social control of its activities. Another rates other social skills and practices that are necessary
area in which transparency is deficient is information on in the current informational stage of society.
private actors that are subsidized by public funding, such
as mining companies, or that operate public concessions,
such as telecommunications providers. Non-thematic articles
Many organizations from the South have spent time This issue also carries five additional articles on other rel-
producing reports that translate government data into com- evant topics for today’s human rights agenda.
prehensible information that can inform the working strate- In Development at the Cost of Violations: The Impact
gies of organized civil society or the political decisions of of Mega-Projects on Human Rights in Brazil, Pétalla
citizens. Human rights organizations have also pressured Brandão Timo examines a particularly relevant contempo-
their governments to measure their performance against rary issue: the human rights violations that have occurred
indicators that can help identify and combat inequalities in Brazil as a result of the implementation of mega de-
in access to rights. This is the topic of the article by Laura velopment projects, such as the Belo Monte hydroelectric
Pautassi, entitled Monitoring Access to Information from complex, and preparations for mega-events like the 2014
the Perspective of Human Rights Indicators, in which the World Cup.
author discusses the mechanism adopted recently by the Two articles address economic and social rights. In
Inter-American System of Human Rights concerning the Land Rights as Human Rights: The Case for a Specific
obligation of States-Parties to provide information under Right to Land, Jérémie Gilbert offers arguments for the in-
article 19 of the Protocol of San Salvador. corporation of the right to land as a human right in interna-
The relationship between information and human tional treaties, since to date it still only appears associated
rights, however, is not limited to the field of government with other rights. In Reaching Out to the Needy? Access
transparency. The lack of free access to information pro- to Justice and Public Attorneys’ Role in Right to Health
duced in the private sphere can also intensify power im- Litigation in the City of São Paulo, Daniel W. Liang Wang
balances or even restrict access to rights for particularly and Octavio Luiz Motta Ferraz analyze legal cases related
vulnerable groups. The clearest example of this last risk to the right to health in São Paulo in which the litigants
is the pharmaceutical industry, which charges astronomi- are represented by public defenders and prosecutors, in or-
cal prices for medicines protected by patent laws, effec- der to determine whether the cases have benefited the most
tively preventing access to health for entire populations. disadvantaged citizens and contributed to the expansion of
The privatization of scientific production by publishers of access to health.
academic journals is another example. The issue gained Another article looks at the principal UN mechanism
notoriety recently with the death of Aaron Swartz, an for the international monitoring of human rights. In The
American activist who allegedly committed suicide while United Nations Human Rights Council: Six Years on,
he was the defendant in a prolonged case of copyright vio- Marisa Viegas e Silva critically examines the changes in-
lation. Sérgio Amadeu da Silveira opens this issue of SUR troduced to this UN body in the first six years of its work.
with a profile of Swartz (Aaron Swartz and the Battles In Human Rights, Extradition and the Death Pen-
for Freedom of Knowledge), linking his life to the current alty: Reflections on the Stand-Off between Botswana and
struggles for freedom of knowledge given the toughening South Africa, Obonye Jonas examines the deadlock be-
of intellectual property laws and the efforts of the copy- tween the two African nations concerning the extradition
right industry to subordinate human rights to the control of Botswana citizens who are imprisoned in South Africa
of the sources of creation. and accused in their country of origin of crimes that carry
Since the internet has taken on a crucial role in the the death penalty.
production and dissemination of information, it is natural Finally, Antonio Moreira Maués, in Supra-Legality of
for it to have become a battleground between the public International Human Rights Treaties and Constitutional
interest and private interests, as illustrated by the Swartz Interpretation, analyzes the impacts of a decision in 2008
case. On this point, civil society and governments have by the Supreme Court on the hierarchy of international
sought to adopt regulations intended to balance these two human rights treaties in Brazilian law, when the court ad-
sides of the scale, such as so-called Internet Freedom, the opted the thesis of supra-legality.
subject of another article in this issue. In Internet Free-
dom is not Enough: Towards an Internet Based on Human ■ ■ ■
Rights, Alberto J. Cerda Silva argues that the measures
proposed by this set of public and private initiatives are This is the sixth issue of SUR published with funding and
not sufficient to achieve their proposed goal, which is to collaboration from the Carlos Chagas Foundation (FCC).
contribute to the progressive realization of human rights We would like to thank the FCC once again for its crucial
and the functioning of democratic societies. support of Sur Journal since 2010. We would also like to
The importance of the internet as a vehicle of commu- express our gratitude to Camila Asano, David Banisar, Da-
nication and information also means that internet access vid Lovatón, Eugenio Bucci, Félix Reategui, Ivan Estevão,
is now a key aspect of economic and social inclusion. To João Brant, Jorge Machado, Júlia Neiva, Luís Roberto de
correct inequalities in this area, civil society organizations Paula, Marcela Viera, Margareth Arilha, Marijane Lisboa,
and governments have created programs aimed at the so- Maurício Hashizume, Nicole Fritz, Reginaldo Nasser and
called “digital inclusion” of groups that face difficulty Sérgio Amadeu for reviewing the articles submitted for this
accessing the web. Fernanda Ribeiro Rosa, in another ar- issue of the journal. Finally, we would like to thank Laura
ticle from this issue’s dossier on Information and Human Trajber Waisbich (Conectas) for the insights on the rela-
Rights, Digital Inclusion as Public Policy: Disputes in the tionship between information and human rights that pro-
Human Rights Field, defends the importance of address- vided the foundation for this Presentation.
PÉTALLA BRANDÃO TIMO
Pétalla Brandão Timo has a Master’s in International Law from the
Graduate Institute of International and Development Studies, in Geneva,
Switzerland, and a Bachelor’s in International Relations from the
University of Brasília, Brazil.
Email: petallatimo@gmail.com
ABSTRACT
This article offers an overview of the human rights violations that have been taking place in
Brazil as a result of the implementation of mega development projects. Using the emblematic
cases of the 2014 World Cup and the Belo Monte hydroelectric complex as a backdrop, it
aims to demonstrate that there is a pattern of violations that is being repeated, whether in the
forests, the countryside or in the cities. The article also looks at where the responsibilities lie
in this context. It proposes, therefore, to promote a reflection on what kind of development
model is truly desirable for Brazilian society and for the country.
Original in Portuguese. Translated by Barney Whiteoat.
KEYWORDS
Megaprojects – Development – Human rights violations
This paper is published under the creative commons license.

This paper is available in digital format at <www.surjournal.org>.
136 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

DEVELOPMENT AT THE COST OF VIOLATIONS:
THE IMPACT OF MEGA-PROJECTS ON HUMAN
RIGHTS IN BRAZIL*
Pétalla Brandão Timo
1 Introduction
In December 2011, the Brazilian President, Dilma Rousseff, said in a speech that
respect for human rights is an essential condition for Brazil’s development. She
also recognized that social inclusion and distribution of wealth are important parts
of development, since growth in a country of 190 million should not benefit only
some.1 These statements by President Rousseff at the time reflected a view that has
been increasingly defended internationally, particularly since the 1990s, namely that
development is not limited to economic growth. Development and human rights
are, or at least they should be, intrinsically linked, being impossible to consider
one without the other. This is because they both share the same goal: guarantee
and uphold human freedom, well-being and dignity. From this point of view, the
principles of social justice and democratic participation constitute an inseparable
part of the development process.
Drawing on this rhetoric, Brazil has gained prominence on the international
stage over the past decade as the great promise for development: a country with
robust economic growth, a consolidated democracy, a guarantor of human
rights and where each year significant portions of its population are rising out
of poverty. However, the words of President Rousseff contrast sharply with how
the Brazilian development model has been devised and, more importantly, put
into practice in the country.
In the current Brazilian context, what prevails is the so-called “predatory
*This article was produced with the support of the second edition of the Program to Encourage Academic
Production in Human Rights, in the first half of 2013, in a partnership between Conectas Human Rights
and the Carlos Chagas Foundation. More information available at: http://www.conectas.org/revista-sur/
conectas-e-fundacao-carlos-chagas-divulgam-selecionados-para-o-programa-de-incentivo-a-producao-
academica-em-direitos-humanos?pg=2. Last accessed in: May 2013.
Notes to this text start on page 156.
18 SUR 137-157 (2013) ■ 137

DEVELOPMENT AT THE COST OF VIOLATIONS: THE IMPACT OF MEGA-PROJECTS ON HUMAN RIGHTS IN BRAZIL
model of development” (LISBOA; BARROS, 2009). This model prioritizes large-scale

infrastructure projects that reinforce the prominence of the country on the world
market, whether through the intensive exploration of natural and energy resources
or through the transformation of urban areas into “staged cities”.2 Therefore, in
the name of “accelerating growth”, mega development projects are being executed
in the country at an unbridled pace and in disregard for the basic principles of
the democratic rule of law. This supposed development, which brings enormous
benefits to small privileged groups, has also occurred at the cost of violating the
human rights of the Brazilian population, in particular of its most vulnerable
minorities – primarily traditional populations, such as indigenous, riverside and
quilombo communities, but also slum residents and street people, among others.
To offer a brief definition, mega development projects are ventures that
are enormous in scale, technically complex and that require extremely high
investments. This type of project tends to attract significant public attention and
political interest on account of the massive impacts they have, both directly and
indirectly, on society, the environment and public and private spending. Similarly,
mega-events are large-scale ventures that require substantial investments and that
leave physical legacies for the host city.
This reality of development at the cost of human rights violations, which
Brazil is trying to hide from the eyes of the international community, as well as
within its own borders through hegemonic – and nationalist – discourse which
recriminates anyone who questions the mega-projects or opposes the way they are
being executed. Supported by the country’s major media outlets the image prevails,
therefore, that these projects produce only benefits, employment and income for
the Brazilian population as a whole.
In contrast, reports and complaints produced by numerous non-governmental
organizations and social movements reveal the following: whether in the countryside,
the forests or the cities, the established model of implementing mega development
projects has repeatedly caused “serious human rights violations, whose consequences
end up aggravating already severe social inequalities, resulting in situations of
poverty and social, family and individual breakdown” (CONSELHO DE DEFESA
DOS DIREITOS DA PESSOAS HUMANA, 2010: 12). Together, the massive popular
demonstrations that have mushroomed in several Brazilian cities, especially during
the month of June 2013, are evidence of the importance that this subject matter
has assumed in social debates.
Two examples of this problem stand out in Brazil’s contemporary context.
These are the projects to implement hydroelectric complexes in the Amazon, in
particular the case that has received the most international attention, Belo Monte;
and the urban construction and revitalization projects associated with the 2014
World Cup. Each of these cases has produced specific incidents, taking place in
various Brazilian cities and regions. There is, however, one common denominator:
in all the cases, the people who suffer the most are always the most vulnerable, the
poorest, who can only stand watching as their rights – protected by the Constitution
and recognized by international treaties to which Brazil is party – are sacrificed
for the good of the projects.

Against this backdrop, this article provides an analysis of the human

rights violations caused by the impacts of mega development projects in Brazil.
Although the aforementioned cases of Belo Monte and the World Cup shall
feature prominently, this is not intended as a case study. The article presents a
broad overview, in order to expose the existence of a pattern of violations that is
repeated in the forests, the countryside and in the cities. By doing so, it aims to
promote a critical reflection on what development model would be truly desirable
for Brazilian society, taking into account a human rights approach.
The article is organized into three main parts, besides this introduction
and the final considerations. The first part provides some context on the problem.
Starting with theoretical considerations on the relationship between human rights
and development, it then gives a brief presentation of the Belo Monte and World
Cup cases, placing them in a domestic and international context. The second
part of the article covers, more specifically, four of the main types of violations
that the Brazilian State has committed by executing mega-projects: violations of
the right to dignified housing, the right to health and environment, the right to
information and democratic participation and, finally, violations of the human
rights of defenders and activists. This section draws on the legal basis of the rights
that are constitutionally guaranteed and established in international treaties
ratified by Brazil. The third part reflects on the responsibility of the State for
human rights violations, from a perspective of reparation and access to justice, as
well as prevention. This section also presents a brief discussion of the role of the
State in relation to the abuses committed by companies or by private transnational
organizations. Lastly, in the final considerations, the article explains what a human
rights approach means for development.
2 Context
The main underlying concern of this article can be summed up in the words of
Wamala: “would it be possible to establish the foundations for economic and social
development at the same time that the foundations are being established for the
realization of individual and collective rights and freedoms?” (WAMALA, 2002,
p. 102). Although at first glance it may appear simple to reconcile the interests of
modernization and economic growth with the guarantee of human rights, Wamala
points out that an empirical study of history reveals that, both in the past and
in the present day, the freedoms of individuals and groups have repeatedly been
infringed in the name of development.
According to the author, ‘developing’ countries such as those in Africa and
Latin America face a different, more complex situation than Western countries,
where the peak of economic and industrial development occurred in the 18th and
19th centuries. This is because, while Europe structured the economic foundations
of its societies during the mercantilist era, i.e. before they had to cope with calls
for individual and collective rights, the countries of the Global South have to
pursue economic growth while also responding to the demands for human rights.
In previous centuries, it was possible, according to the doctrine of nationalism, to
18 SUR 137-157 (2013) ■ 139

justify restrictions on individual freedoms in favor of the greater common good of the
homeland. Terrible working conditions, for example, were considered desirable within
the limits of the nation’s demands for growth. Nowadays, constitutional guarantees
make it unacceptable from an ethical and legal point of view for governments to
collude with rights violations on the pretext of economic benefits – at least in theory.
In practice, however, the needs for economic growth continue to serve as a
license for numerous human rights violations around the world. In Brazil, for example,
the mentality prevails that certain segments of the population can, or indeed should,
bear the burden in favor of an alleged common good. The main message conveyed by
the country’s mainstream media creates a context in which criticism is unwelcome. It
reinforces the argument that the benefits of development generate improvements in
the quality of life for the entire population. Opposing large-scale ventures or mega-
projects, therefore, is to oppose Brazil. According to Maybury-Lewis (1992, p. 49),
“even inhabiting the regions earmarked for the implementation of these plans can
be considered ‘blocking the road to development’, and the punishment of those who
stand in the way is generally severe, as the indigenous peoples themselves discovered”.
The authorities – spokespeople of development – then insist, based on very
often biased statistics, that the rights of the minority cannot take priority over
the potential benefits for the majority. However, again in the words of Maybury-
Lewis (1992, p. 52),
This argument obscures the real question. There are morally unacceptable sacrifices that
should not be imposed on any peoples. [...] If the sacrifices demanded are not morally
inconceivable, their imposition on the minority in the name of the majority is only
justified if this results in an effective redistribution of wealth for society at large. And
this is not the case in Brazil.
It is important, here, to add a disclaimer: this article is not blindly opposed to

development projects per se, since it should be recognized that they do indeed offer
opportunities for improvements. It is, instead, intended to shed some light on the
real social and environmental costs of these projects and identify whose interests
they serve and who really benefits from them.
Brazil is currently living through one of those periods in which the country
is “governed like an immense construction site and the idea of progress revolves
around one objective: the modernization of infrastructure” (ATTUCH, 2008, s/p.).
Indeed, the federal government’s Growth Acceleration Program (PAC) is the largest
package of construction projects in the country’s history. A critical debate of this
situation is essential to find ways for Brazil to reconcile sustainable development
with the guarantee of social inclusion and the enlargement of rights.
2.1 World Cup

When, in 2007, Brazilians celebrated being chosen to host the international soccer
competition in 2014, few could foresee the perverse impact that the preparations
for the mega-event would have on the lives of ordinary citizens. The celebrations

of the national sport concealed the tragedy that was bound to unfold, particularly
after the experience in South Africa, or based on the experiences in other developing
countries that hosted similar events, such as the Olympics in China. Moreover,
looking back the legacy of the Pan-American Games in Rio de Janeiro, in 2007, it
was possible to foresee that the violations would be accompanied by corruption, lack
of transparency or dialogue, as well as the passage of “emergency” legal instruments
to facilitate the construction work and public biddings, with little or no observance
of social and environmental requirements (SOUZA, 2011).
According to information from Transparência Brasil (Transparency Brazil),3
of all the planned projects for the World Cup – including stadiums, urban mobility
improvements, ports, airports, tourism development and security – only the work
on stadiums, until the end of 2013, has been more than 50% completed. Data from
December 2013 reveal that in all the other areas, less than 25% has been completed
so far, with less than a year to go before the event, calling into question the viability
of these projects being ready on time. In the rush to keep to a timetable that is
already behind schedule and without the proper planning, the transformations
legitimized by the World Cup have paved the way for disrespect of the principles
of the democratic rule of law (PRADO, 2011).
The fact is that very little or nothing has been done for the World Cup that
can be converted into real gains for the local communities; not to mention the
potential diversion of funds from other areas, such as health and education, to pay
for the construction of luxury stadiums. According to Pillay and Bass (2008), as
well as Greene (2003), critical studies on the legacy of mega-events demonstrate that
the benefits of these events for developing countries are overestimated, including
in terms of generating employment and driving investment. In many cities, the
mega-stadiums have become “white elephants”, since their functionality and use
after the World Cup is questionable. Besides, only a very small portion of the
Brazilian population will have access to them.
In addition to this, none of the interventions so far have been part of a
participatory urban planning strategy, as determined by Brazil’s Cities Statute.
In most cases, the government has prioritized the interests of the companies
sponsoring the event over the preservation of the local culture. One example of
this is the renovation of Rio de Janeiro’s Maracanã stadium, whose plans included
the demolition of an historic building that from 1953 to 1977 housed the Indian
Museum and that today serves as housing and an integration center for dozens of
indigenous people from different ethnicities who come to the city.
It should be noted that mega-events involve more than just a series of
construction works, but also an urban design project that leads to a restructuring of
the social dynamics of the city. This, in turn, introduces a process that geographers
call the “commercialization of the city” (ARANTES et al., 2000), which consists of
forced evictions and the “gentrification” or cleansing of urban spaces. In other
words, the removal of the “undesirable aspects” of a city that wants to present itself
as a showcase for the world, namely people living on the streets and everything
else that is related to poverty.
As a result of these abuses, a resistance movement has emerged. Slowly but
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surely, in all the event’s host cities, opposition began to mobilize in what have
been called “People’s World Cup Committees”, a pioneer initiative never before
seen in countries staging the event. Through their National Coalition (ANCPC),
these Committees have organized to denounce abuses and violations, hold
public hearings, demand transparency and information, and defend the affected
communities, i.e. stand up for a World Cup that is truly ‘ours’. Finally, it is worth
highlighting that the discussions around this theme were at the heart of the June
2013 protests.
2.2 Belo Monte

Ever since its initial conception, dating back to the 1980s, Belo Monte has been an
extremely controversial project. Today, Belo Monte, which will be the world’s third
largest hydroelectric dam, is considered the centerpiece of the Growth Acceleration
Program (PAC). The controversy surrounding the project never died, but instead
intensified starting in 2010, when the provisional environmental license for its
construction was granted.
The controversy involves complex issues, concerning not only the scale of
the social and environmental impacts of the project, but also the sustainability of
energy generation by the dam, given the seasonable fluctuations of the Xingu river,
as well as the cost and the destination of the energy produced, among others (SEVÁ
FILHO, 2005). This explains the amount of legal and institutional back-and-forth
over the granting of authorization for its construction, which included suspected
irregularities and corruption at the heart of the bodies involved in this process. In
the midst of legal battles, however, the construction work began in March 2011.
This article does not propose to dwell on how energy mega-projects such
as Belo Monte are neither necessary nor viable for a country that claims to be
sustainable (BERMANN, 2003). However, even if the construction of the dam
were essential for the country, it is undeniable that the way the project has been
developed and, above all, how it is being executed, has resulted in countless rights
violations in the affected communities.
The situation gets even worse considering that the so-called “conditions”, based
on which the project was approved, are not being observed by Norte Energia, the
company responsible for its construction. These conditions consist of 40 requirements
established by Brazil’s Environmental Regulatory Agency (Ibama) that are intended to
mitigate the social and environmental impacts through infrastructure investments in
education, health, sanitation and in other areas in the region affected by the project.
In theory, it should not be possible to go ahead with the construction of the dam
without these investments, but this is not what has happened. The construction work
continues despite the lack of compliance with the conditions.
Without additional infrastructure to cope with the population increase
of more than 100% as a result of the construction work, the surrounding towns
are directly impacted by the growing demand for services and the deterioration
of existing social problems. After the completion of the construction work,
the swollen population will expose yet another problem: when all the work is

done, the dam will employ only a very small portion of these people, drastically
increasing the unemployment rate in a region that cannot absorb everyone in the
job market, even though some workers will leave when the construction is over.
This situation contradicts the official discourse on the benefits of the project in
terms of employment generation.
None of these problems are new to Brazil. Indeed, Belo Monte is far from an
isolated case, as it presents all the same issues encountered during the construction
of hydroelectric dams in the past, such as the Tucuruí and Balbina dams, or even
the construction of the Madeira river complex. Although these types of conflicts are
concentrated in northern Brazil, it is important to point out that rights violations
caused by the construction of dams are not limited to this region. The problems
faced by the affected populations in northern Brazil are similar to those encountered
in the rest of the country, as confirmed in the report produced by the Council for
the Defense of the Rights of the Human Person (CONSELHO DE DEFESA DOS
DIREITOS DA PESSOAS HUMANA, 2008). This is why the Movement of People
Affected by Dams (MAB) has, for years, been fighting for the recognition and a
legal definition of “affected population”, as well as for the guarantee of the right
to financial compensation and the realization of prior consultations.
One dangerous facet of this model of “development at any cost” adopted by
Brazil is reflected in the policy of retaliation that the Brazilian State assumed in
April 2011, when the Inter-American Commission on Human Rights (IACHR)
issued a Precautionary Measure (PM) requesting that the Brazilian government
immediately suspend the licensing process and the construction work on the Belo
Monte hydroelectric complex until the minimum conditions guaranteeing the
rights of the affected indigenous peoples were observed.4 The Brazilian reaction
was unforgiving in its dismissal of the IACHR’s decision. Not only did Brazil
refuse to comply with the PM, but in retaliation it also refused, for the first time
in history, to attend a meeting of the Organization of American States (OAS) to
address the case, and it also temporarily recalled the Brazilian ambassador to the
OAS, withheld payment of its annual budget quota and withdrew the candidacy of
Brazil’s former human rights minister to the IACHR. This reaction by Brazil can
be considered unprecedented, since in the past the country has been the recipient of
other precautionary measures from the IACHR and even condemned in four cases
by the Inter-American Court, but it has never before responded in such a manner.
Quite to the contrary, in the past it has actually demonstrated a willingness to
comply with the recommendations and decisions of the Inter-American System.
The pressure was such that in May 2011, the Secretary General of the OAS said
publically that the decision would be reviewed and, in September of the same year,
the Commission officially announced a substantial modification to the PM on Belo
Monte, alleging that the issue is outside the scope of precautionary measures. This
political climate of threats, therefore, put the very credibility and efficiency of one
of the oldest human rights protection systems at risk. It also exposed the weaknesses
of international mechanisms when faced with the political and economic interests of
countries and corporations. In this context, we should not lose sight of the fact that,
given Brazil’s strong influence in the region, its position is considered crucial to the
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definition of the future direction of such a fundamentally important system, and also
to the maintenance of democratic constitutional orders in the region (VENTURA, 2012).
3 Human rights violations

It would be impossible, given the limits imposed by this article, to address the
full range of human rights violations caused by all the various mega development
projects. The list of violations includes everything from labor rights – in relation
to the very often undignified and degrading working conditions on construction
sites – to gender perspective, for example in relation to the increased rates of child
prostitution and rape of women in the areas around the sites. And even less obvious
violations, such as the right to food of the affected populations – for example,
through the contamination of rivers that affects fishing, grazing and the people
who use this water for subsistence.
In order to limit the scope, this article will focus on four specific issues that
are generally considered the main types of human rights violations in this context.
It is important to note, however, that this division is merely instructive, since the
interdependence and indivisibility of human rights implies that a single situation
can produce several rights violations at the same time. The presented cases do
indeed reveal that the violations are invariably interrelated.
3.1 Right to housing

The forced evictions underway in Brazil, as well as other violations associated with
the right to housing, are possibly the most documented type of violation when it
comes to mega development projects.
The right to housing covers the right to an adequate standard of living
and is not limited to housing, but should also include: legal security of tenure,
availability of services, facilities and infrastructure, affordability, habitability,
non-discrimination and prioritization of vulnerable groups, adequate location
and cultural adequacy (NAÇÕES UNIDAS, 2011). From the full application of this
right derives the protection against forced evictions, which should be avoided to
the maximum extent possible, since they constitute one of the worst existing types
of human rights violations, as the UN has recognized since 1993.
Regardless of the deed or the legal form of residency, everyone has the
right to receive protection from forced evictions, which may only occur in order
to promote the general public interest, observing the principles of reasonableness
and proportionality, and be regulated in order to guarantee fair compensation and
social reintegration. The legitimacy of evictions may only be determined through a
democratic and participative process, based on transparent information, and after
alternatives have been considered and communities have been given sufficient
warning (NAÇÕES UNIDAS, 2011).
But everything that “should be” contrasts dramatically with what has actually
happened in places like Comunidade do Trilho, in Fortaleza, or Comunidade da
Vila do Autódromo, in Rio de Janeiro. Both these decades-old communities are

located in areas that, as the cities have expanded, have become coveted by the real
estate industry. Recently, opportunistic arguments have been put forward that
evictions are essential for the construction projects, even though in fact everything
indicates that viable alternatives exist that do not involve the removal of these
people. In the case of Vila do Autódromo, for example, residents and universities
partnered to develop a Grassroots Plan, presenting an urbanization proposal which
demonstrates that there is no incompatibility between the construction of the future
Olympic Park and the continued existence of the community and environmental
preservation.
In addition to the complete lack of information and the exclusion of
citizens from the decision-making processes, intimidation and ruthlessness in the
treatment of residents is commonplace. Similar cases can be found in all the cities
that are preparing to receive the World Cup, as has been extensively documented.
It is estimated that between 150,000 and 170,000 people may be evicted from
their homes to make way for this mega-event (ARTICULAÇÃO NACIONAL DOS
COMITÊS POPULARES DA COPA, 2011).
The evictions occur not only because the residents are forced from their
homes by tractors and the police, and without proper warning, but also due to the
lack of guarantees against real estate speculation and the appreciation of properties
in certain regions, since artificial price increases can also result in eviction. The
explosive rise in property prices and rents has restricted the enjoyment of the right
to housing by pushing low-income families into even more insecure situations,
exposing them to the risk of becoming homeless.
Judging by the way they are being handled, forced evictions also reveal a
discriminatory approach. In the first place, they are discriminatory against poor,
historically marginalized communities. The deference with which the mayor of Rio
de Janeiro said he would deal with the matter of compensations in one of the few
“upper middle class” neighborhoods affected by the construction work, for example,
shows the absolute lack of fairness by the authorities in the treatment of citizens.
For residents of poor neighborhoods, the government has used different forms of
intimidation, such as the marking of houses and warrantless home invasions. In the
second place, there is also an element of racism and prejudice against traditional
communities. In Porto Alegre, for example, construction work for the World Cup is
being used as a pretext for the dispossession of dozens of “terreiro”5 Afro-Brazilian
religious sites, including what is believed to be the oldest terreiro in the state of
Rio Grande do Sul, in the same location for more than 40 years.
The struggle by Brazilian grassroots movements in this area has produced
some results. Pressure has reached international spheres, and complaints have been
submitted to the UN Human Rights Council (HRC). This has led to important
recommendations by the UN Special Rapporteur on the Right to Housing, and
also to questions on the matter being raised by countries during Brazil’s Universal
Periodic Review in the HRC. In response, the Council for the Defense of the
Rights of the Human Person (CDDPH), of the Human Rights Secretariat, created
a Working Group on Adequate Housing in 2012 with the mandate to gather
information on the housing problems faced by the population, with a focus on the
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impacts of mega-projects and mega-events, and to forward the recommendations

to States and municipalities.
A very similar situation can be observed in rural areas, where countless
violations of the right to housing are taking place, with affected populations being
forcibly displaced ( JERONYMO et al., 2012). In a context already marked by intense
conflicts over land, the situation is further complicated by the fact that most of
the affected populations in the countryside are traditional populations – such as
indigenous, riverside and quilombo communities – whose rights as minorities are
safeguarded by specific legislation (NETO, 2007). In addition, mega-projects have
an even greater impact on populations with an inseparable bond to land that is
considered traditional territory, even though the proper documentation supporting
this status may not yet exist. This sphere, therefore, includes violations of the
territorial rights of traditional peoples.
3.2 Right to Health and Environment

Inevitably, all mega development projects have serious impacts on the ecosystems
where they are implemented. Even though prior environmental impact studies are
conducted and offsetting measures are adopted and put into practice to mitigate
their effects, there is no doubt that the pollution and damage caused to the water
resources and the biodiversity of the ecosystems have negative consequences on
the living conditions of the residents of these regions.
In the case of mining complexes, for example, numerous health problems can
be caused by the emission of pollutants into the air, as well as the contamination of
soils, rivers and groundwater. In the case of hydroelectric dams, another example,
the fragmentation of the landscape and the predatory exploration of natural
resources lead to a deterioration in the quality of life and income of indigenous
populations, the loss of biodiversity, the propagation of endemic diseases and a
reduction in the quality and availability of drinking water. Complaints also reveal
that numerous serious accidents are not documented, among other irregularities in
the environmental licensing processes related to the activities of these industries.
The case of Belo Monte involves the examples of both mining and
hydroelectric companies. Late in 2012, an alarming situation was revealed after
the announcement that the largest gold mining project in Brazil, and one of the
largest in the world, would be built on a stretch of the Xingu river, which will lose
80% of its water flow as a result of the implementation of the hydroelectric plant,
where two indigenous lands and hundreds of riverside families are located. The
project, for the extraction of minerals and storage of toxic waste, is already in the
environmental licensing stage, despite the fact that the studies presented so far
ignore the accumulated impact of the two projects together. This demonstrates
how these impacts can be underestimated, especially when a mega-project draws
other subsequent projects.
Negative impacts like these are aggravated when the affected populations do
not know who to approach to solve the problems. There is a lack of information on
the mechanisms of access to justice and to basic health services that can monitor

and provide treatment to the affected populations – for example, by tracking cases
of illnesses typically related to mining areas, such as cancer.
In this context, we must not lose sight of the importance of the principle of
prevention as a way of avoiding serious damage to the environment or to people’s
health. Access to justice should not be discussed merely in terms of compensation,
after the damage, probably irreversible, has already been done. It is also worth
pointing out the seriousness of this type of violation for indigenous peoples, whose
cosmology is closely linked to the preservation of the environment. The degradation
of the environment, in this case, is an assault on the right to life of these peoples.
Another problem derives from the indifference with which the affected
populations are identified. Generally speaking, the government leaves it up to the
companies to define ‘who is affected’ and deal with the resulting compensation
claims. As the MAB has been defending for years, a restrictive or limited definition
of ‘affected population’ is one of the key factors causing human rights violations,
since this ends up disqualifying certain groups that should also be considered
eligible for some kind of compensation (MOVIMENTO DOS ATINGIDOS POR
BARRAGENS, 2011, p. 97-99). After all, ‘affected’ includes everyone whose way of
life and, more importantly, whose source of income and sustenance is affected by
the planning, implementation and operation of the mega-project, namely land
squatters, small traders, prospectors, fishermen and other groups whose survival
depends on access to natural resources.
3.3 Right to information and participation

in the decision-making process
Public participation by citizens in the monitoring, assessment and control of
government acts is, unquestionably, one of the main instruments of democracy.
The right to information is a basic prerequisite for the maintenance of a democratic
order, without which full citizen participation and control of public policies would
not be possible. According to Principle 10 of the Rio Declaration on Environment
and Development (1992), the processes of development should take place in an
environment conducive to freedom of expression, in which access to information is
guaranteed and the affected groups have the opportunity to express their opinions,
which should be considered in the decision-making processes.
Specifically in relation to indigenous peoples, the right to Free, Prior and
Informed Consultation (FPIC) has been recognized in relation to the actions of
the State that could affect their possessions and lands. According to Convention
169 of the International Labour Organization (ILO) on the Rights of Indigenous
and Tribal Peoples, ratified by Brazil in 2002, the government must consult with
indigenous peoples and seek their consent before undertaking or permitting any
program for the exploration of resources on their lands. The right to FPIC involves
basic requirements to ensure that the process is not merely informative, but instead a
legitimate dialogue between the State and the affected populations to work towards
the reconciliation of interests.
In contrast, however, what is generally seen in mega-projects in Brazil is
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the absence of informed public debate. According to Lisboa and Barros (2009),
the instruments of participation and social control are always neglected, and
the decision-making processes are ignored, giving preference to interests outside
the local population. In many cases, the public hearings and consultations with
indigenous communities simply do not take place or, if they do, they are only
held as a formality to fulfill a requirement. According to reports of the public
hearing ahead of the Candonga hydroelectric dam, in the state of Minas Gerais,
the overly technical nature of the presentation created an atmosphere of hostility
and intimidation, leaving little room for people to ask questions and express
opinions. The silence was then conveniently used by the companies to indicate the
community’s acceptance and approval of the project (BARROS; SYLVESTER, 2004).
According to a report by the non-governmental organization Terra de
Direitos (2011), the processes of debate are not participative, since the information
available is insufficient and does not create awareness, and it only reaches the
interested parties after the relevant decision-making and planning processes have
already been completed. Furthermore, the public hearings generally present what
is convenient for the companies, i.e. a one sided view of ‘progress for the region’,
and omit information on the true scale of the social and environmental changes.
In the consultations with indigenous communities, there is a complete
disrespect for the principle of cultural adequacy, which would require translation
into local languages. It is important to point out that this entire process, since it
constitutes a stage of public interest, ought to be conducted by the authorities,
which may not delegate the task to third-party companies, like it has been doing.
A policy of concealing information, in which decisions are made without
any social control, is also present in the various cities across Brazil that are
preparing to host the World Cup (ARTICULAÇÃO NACIONAL DOS COMITÊS
POPULARES DA COPA, 2011). Public authorities ignore the social uproar,
refusing to discuss alternatives presented by society – such as the case of the
Mercado Distrital do Cruzeiro market, in the Minas Gerais state capital of Belo
Horizonte, which is being threatened with demolition as a result of the World
Cup construction projects, even though local residents and businessmen have
presented the government, in partnership with the Brazilian Institute of Architects
(IAB), with a project for its revitalization.
3.4 Violations of the human rights of defenders and activists

In various parts of Brazil, citizens who organize to defend affected communities
and/or the environment have been the target of constant threats, intimidation,
attacks, aggression and even killings. In most of the cases, the authorities not
only fail to conduct full investigations, but they do not offer proper protection to
the victims and their families. Furthermore, they stand in the way of prosecuting
the perpetrators and punishing those responsible under the full extent of the law.
This situation constitutes, therefore, multiple violations against the freedoms of
expression and association, the right to physical integrity and the right to life,
among other rights.

In Brazil, conflicts over land and natural resources every year leave dozens
of fatal victims. The countless documented cases reveal the extent to which
‘development’ processes are marred by violence, with the tacit authorization of
the State through impunity. One example of victims of social and environmental
conflicts caused by mega infrastructure projects overseen by large companies,
with the support of public funding, can be found in the case of the fishermen of
Guanabara Bay, in Rio de Janeiro. Four members of the Association of Men and
Women of the Sea were killed in less than four years, while countless threats have
been received, and all the cases remain unsolved (CRP-RJ, 2012).
More often than not, acts of intimidation against activists are perpetrated
by groups whose interests are closely linked to the mega-projects. In some cases,
the repression may come from agents of the State. In the case of Belo Monte,
for example, in June 2012 the civil police of the state of Pará sought the arrest
of 11 people accused of taking part in protests against the construction of the
dam – among the accused, in the investigation, were members of the Xingu Alive
Forever Movement, a missionary priest, a nun and a documentary filmmaker
from São Paulo.
Considering the weakness of the State to protect defenders and activists
against violent actions by groups whose interests are threatened, there have been
calls to create a legal framework in the country that effectively guarantees the
protection of these people. One such bill is pending in Congress to enact the
federal government’s Program for the Protection of Human Rights Defenders.
This aims to overcome the barriers of lack of resources and difficulties dealing
with state-level governments, among other problems, such as the slow analysis
of requests.
There is a concern that violence against human rights defenders is encouraged
by the existence of a process to criminalize and make these people invisible, which
views them as ‘defenders of criminals’ instead of as people who provide a service
for wider society and who contribute to the strengthening of democracy in the
country. The few community leaders who do receive some kind of protection ask
the same important question that baffles their police escorts: what is the point of
providing security so community leaders can continue to expose crimes that the
State does not punish?
4 Responsibilities
In accordance with the parameters established by international law, States have
the obligation to respect, protect and promote the human rights norms they have
committed to in international treaties. Rules of customary law establish that any
violation of these obligations, by action or omission, is the responsibility of the
State. Taking responsibility implies the duties of immediately ceasing the unlawful
act and redressing the damage caused, while also guaranteeing that it will not be
repeated. For the purposes of international law, the administrative division of a
country into States is irrelevant, since the duties fall on the federal government,
which should function as a guarantor of respect for human rights at all levels.
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In Brazil’s domestic legal system, the civil responsibility of the State

corresponds to the obligation of the government to make reparation for damage
caused to third parties by its agents during the performance of their duties. Public
agents are broadly considered to include not only elected officials and public
servants, but also private individuals working in collaboration with the State, such
as public companies and foundations, and private companies operating public
service concessions. Brazilian jurisprudence has also determined, according to
the principle of isonomy, that the duty to redress or compensate exists even when
the damage was caused by a lawful act, provided that the damage is considered
serious. The doctrine of objective responsibility dispenses with the need to prove
fault, and requires just three elements: State action, damage and a causal link. It
is, therefore, the defense mechanism that individuals and groups have before the
State, i.e. how citizens assure that reparation is made for any of their rights that
have been violated by public action.
Even though it can be difficult to quantify all the damage caused as a result
of violations by mega-projects and, consequently, the establishment of adequate
compensation for all the affected people, it is essential that this is done. The process
involves not only identifying all the individuals, families and groups that could
have been directly or indirectly affected, but also calculating and paying reparations
for the material and moral damage suffered.
Although compensation does not always have to be strictly financial, the
costs of compensation should be incorporated into the price of the project. If this
were done, the costs of a project like Belo Monte could turn out to be simply
unaffordable or so exorbitant as to be unjustifiable given the profit it would generate.
In general, these costs are overlooked because everyone knows that, at the end of
the day, they will never be paid. The anticipation of the impacts together with
adequate compensation would finally prevent these violations from happening.
It is the responsibility of the Brazilian State, therefore, not only to respect the
human rights norms established in the Constitution and in international treaties,
but also to make private agents respect them. This is a key point, since a strong
link has developed between large corporations and national governments, through
which the authorities become accomplices in the abuses committed by businesses.
Furthermore, in many cases, the abuses are committed by state-run companies and/
or by companies financed by public institutions, such as the Brazilian Development
Bank (BNDES) or the Banco do Brasil. On this matter, De Paula points out:
Big contractors play a significant role in political strategy today. Several projects
implemented over the past 10 years have prominently featured four construction giants:
Andrade Gutierrez, Camargo Corrêa, Odebrecht and Queiroz Galvão. From World
Cup stadiums to the construction of the Belo Monte hydroelectric dam, on the Xingu
river, these ‘ four sisters’ are major recipients of public investments. [...] According to a
study by American researchers on the relationship between government contracts and
campaign donations, for each R$1 donated by contactors to political campaigns, R$8.5
is received in the form of projects.
(DE PAULA, 2012, p. 102).

Concerning non-state actors more specifically, there is already a consensus that

companies should at least comply with the observance of human rights norms, i.e.
they should respect these rules and not violate them (RUGGIE, 2011). The notion
of ‘corporate social responsibility’, for example, expresses the idea that companies
should be committed to the well-being of the populations impacted by their
operations. The emergence of a broad ethical and normative consensus on this
matter is reflected not only on a domestic level, but also internationally.
It must be pointed out, however, that companies may start to exploit these
mechanisms as ‘false solutions’, i.e. use them strategically only to improve or
clean-up their image and, in doing so, conceal the real impact of their operations.
Although Brazil has instruments, particularly in the civil and administrative
spheres, but not in the criminal sphere, to hold companies accountable for human
rights abuses, there are still barriers in the way of access to justice and affective
remedies (COMISSÃO INTERNACIONAL DE JURISTAS, 2011).
Additional complications in the assignment of responsibilities arise from
the fact that most mega development projects in Brazil and elsewhere in the world
also involve the participation of other actors that may be transnational. This is
the case, for example, of projects financed by international organisms such as
the World Bank, or projects that have to observe rules imposed by international
organizations such as the International Federation of Association Football (FIFA)
or the International Olympic Committee (IOC). It becomes difficult, in these
cases, to assign the proper responsibilities to each of the actors, especially because
there are no international organisms with unified mandates to operate in this way.
Nevertheless, some innovations have emerged over the past decade. One is
the World Bank’s Inspection Panel, an independent administrative mechanism
that victims of projects financed by the bank can use to seek reparation for any
damages they have suffered. Another example are the lawsuits in the United States,
in which the Alien Tort Statute (ATS) was invoked before the country’s Supreme
Court to demand that companies be held accountable for human rights violations
committed in other countries.
It must be admitted that this is a rather recent discussion, and there are
still many issues and uncertainties over how to deal with the accountability, on
various levels, of all the transnational actors involved. The State, however, remains
the primary actor in its obligation to ensure the observance of human rights in
its jurisdiction.
The question remains, then, of how to enforce the guarantees of law. The
sluggishness of the legal system in Brazil and the inefficiency with which it has dealt
with these types of cases, together with the position that the Brazilian government
has taken before international bodies, makes for a fairly hopeless scenario. This
is why it is essential that, in cases of violations by mega development projects, the
discussion should not be limited to responsibilities over compensation – even though
this is an extremely important aspect of the debate, since most of the affected
populations in the past have never received any type of compensation for damages
suffered. From a perspective of future planning, however, the discussion needs to
be expanded to include the crucial aspects of prevention. In other words, how to
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develop and promote a model of development that does the most to minimize the
potential for violations? How to develop of model of development that genuinely
serves the interests of human rights?
5 Final Considerations
If the slogan of the current Brazilian government – “Brazil, a rich country is a
country without poverty” – really does convey its commitment, then it should be
possible to reconcile the development goals of the government with those of human
rights defenders. If they do indeed share the goal of ending poverty and building a
more inclusive, prosperous and fair society, then they should also be interested in
working together more closely. This is because the role of human rights defenders
is not only to denounce violations and embarrass the authorities, but primarily
to provide information and guidance for the decision-making processes. There is,
therefore, a window of opportunity for dialogue that must not be wasted.
The so-called “human rights approach to development” represents the
application of the complementary nature of human rights as the means and ends
of development. This approach integrates norms, standards and principles of the
international human rights system into local development plans, policies and
processes. The law confers legal status to the processes of development that should,
then, be guided by the principles of participation, empowerment, transparency
and non-discrimination (ROBINSON, 2005). The main merit of the human rights
approach lies precisely in the attention it draws to discrimination and exclusion.
A refusal to let macro-scale gains and results be inadvertently based on violations
of the rights of those people who do not benefit from these projects.
On this point, there is a positive answer to the initial question posed by
Wamala (2002). Yes, it is possible to reconcile economic and social development with
the realization of individual and collective rights and freedoms. This convergence
is established in the very concept of “human development”, according to which
development is seen as a process of expansion of an individual’s opportunities to
choose, so they can have access knowledge and resources, and therefore lead a healthier
life (PROGRAMA DAS NAÇÕES UNIDAS PARA O DESENVOLVIMENTO, 2000). The
idea that development should serve the interests of human rights, in that there can
be no development without respect for these rights, has become increasingly more
widespread and has even been incorporated into the rhetoric of the authorities. In
practice, however, there is still a long way to go before it can be implemented.
What this article proposed to do was demonstrate that the current
development model in place in Brazil has not necessarily freed Brazilians from
poverty, but instead accentuated the inequalities and aggravated the situation
faced by historically marginalized groups. It has shown that Brazil does not
guarantee all the principles that should govern the processes of development,
namely participation, empowerment, transparency and non-discrimination. The
development model adopted in Brazil today is not liberating and it does not
promote the expansion of opportunities and capabilities for individuals and their
communities. The choice made by Brazil is a catalyst of social and environmental

conflicts and really only benefits a few privileged groups.

The time is ripe for Brazilian society to broadly discuss alternatives and
critically demand from the authorities a model of development that truly benefits
all Brazilians. Human rights, in this context, serve as a parameter. Statistics offer
good numerical indicators – on housing, income etc. – and they are useful for
measuring inequalities. But mere statistics do not account for non-material aspects
and, as a result, they do not convey what is most important. That is, the humiliation
and loss of dignity suffered by those who are excluded from development. Human
rights, therefore, must serve as fundamental criteria for the planning of public
policies and the assessment of their potential results.
REFERENCES
Bibliography and other sources

ARTICULAÇÃO NACIONAL DOS COMITÊS POPULARES DA COPA -
ANCPC. 2011. Megaeventos e Violações de Direitos Humanos no Brasil. Dossiê.
Available at: <http://www.portalpopulardacopa.org.br/index.php?option=com_
k2&view=item&id=198:dossi%C3%AA-nacional-de-viola%C3%A7%C3%B5es-
de-direitos-humanos>. Last accessed on: May 2013.
ARANTES, Otília; VAINER, Carlos; MARICATO, Ermíria. 2000. A Cidade do
Pensamento Único: desmanchando consensos. Petrópolis: Vozes.
ATTUCH, Leornardo. 2008. A era dos megaprojetos [reportagem]. Isto É
Dinheiro. Available at: <http://www.istoedinheiro.com.br/noticias/1560_
A+ERA+DOS+MEGAPROJETOS>. Last accessed on: May 2013.
BARROS, Juliana N.; SYLVESTRE, Marie-Eve. (Org.). 2004. Atingidos e Barrados
– As violações de direitos humanos na hidrelétrica Candonga. Rio de Janeiro /
Minas Gerais: Centro de Justiça Global / Comissão Pastoral da Terra -Minas Gerais;
Movimento dos Atingidos por Barragens; Núcleo de Assessoria às Comunidades
Atingidas por Barragens. Available at: <http://www.dhnet.org.br/dados/relatorios/a_
pdf/r_jg_mg_candonga_2004.pdf>. Last accessed on: May 2013.
BERMANN, Célio. (2003). O Brasil não precisa de Belo Monte. Observatório da
Cidadania, Belém, PA, p. 181-184.
BRASIL. s/d.______Controladoria Geral da União. Portal da Transparência.
Copa 2014. s/d. Como fazer download dos dados? Available at: <http://www.
portaltransparencia.gov.br/copa2014/dados/download.seam>. Last accessed on: May
2013.
______. 2011. Portal Brasil. Respeito aos direitos humanos é condição para
desenvolvimento, diz presidenta. 9 dez. Available at: <http://www.brasil.gov.br/
noticias/arquivos/2011/12/9/respeito-aos-direitos-humanos-e-condicao-para-
desenvolvimento-diz-presidenta>. Last accessed on: May 2013.
18 SUR 137-157 (2013) ■ 153

COMISSÃO INTERNACIONAL DE JURISTAS - CIJ. 2011. Acesso à Justiça:

violações de Direitos Humanos por Empresas – Brasil. Relatório. Available at:
<http://www.fiepr.org.br/nospodemosparana/uploadAddress/brasil_report_
august[29640].pdf>. Last accessed on: May 2013.
CONSELHO DE DEFESA DOS DIREITOS DA PESSOAS HUMANA -
CDDPH. 2010. Relatório da Comissão Especial “Atingidos por Barragens”.
Available at: <http://www.direitoshumanos.gov.br/conselho/pessoa_humana/
relatorios>. Last accessed on: May 2013.
CONSERVAÇÃO INTERNACIONAL BRASIL. 2007. Estudo analisa implicações
de megaprojetos de infra-estrutura. Brasília, 2 maio. Available at: <http://www.
conservation.org.br/noticias/noticia.php?id=240>. Last accessed on: May 2013.
DE PAULA, Marilene. 2012. Obstáculos para o Desenvolvimento? Direitos
Humanos, Políticas de Infraestrutura e Megaeventos no Brasil. In: Um Campeão
Visto de Perto – Uma Análise do Modelo de Desenvolvimento Brasileiro. Rio
de Janeiro: Heinrich Böll Stiftung. (Série Democracia). Available at: <http://
br.boell.org/downloads/marilene_de_paula.pdf>. Last accessed on: May 2013.
GREENE, Solomon J. 2003. Staged Cities: Mega-events, Slum Clearance, and
Global Capital. Yale Human Rights and Development Law Journal, v. 6, p.
161-187. Available at: <http://www.law.yale.edu/documents/pdf/LawJournals/
greene.pdf>. Last accessed on: May 2013.
JERONYMO, Alexandre C. J.; BERMANN, Célio; GUERRA, Sinclair M.-G. 2012
Deslocamentos, itinerários e destinos de populações atingidas por Barragens:
UHE Tijuco Alto, SP – PR. Desenvolvimento e Meio Ambiente, UFPR, v. 25,
p. 133-152. Available at: <http://ojs.c3sl.ufpr.br/ojs2/index.php/made/article/
viewArticle/25273>. Last accessed on: May 2013.
LISBOA, Marijane.; BARROS, Juliana N. 2009. Relatoria do Direito Humano ao
Meio Ambiente: Relatório Analítico mandato 2007 a 2009. In: SCHUHLI,
Laura B.; CARDIERI, Ligia (Org.). Desafios dos Direitos Humanos
no Brasil e a Experiência das Relatorias Nacionais em Dhesca. Informe
2007/2009. Curitiba: Terra de Direitos, 2009. Available at: <http://issuu.com/
plataformadhesc/docs/desafios_direitos_humanos>. Last accessed on: May 2013.
MAYBURY-LEWIS, David. 1992. Desenvolvimento e Direitos Humanos: a
responsabilidade do antropólogo. In: ARANTES, Antonio A.; RUBEN,
Guillermo R..; DEBERT, Guita G. (Org.). Desenvolvimento e Direitos
Humanos: A responsabilidade do antropólogo. Campinas: Editora da Unicamp,
1992. p. 49-55.
MOVIMENTO DOS ATINGIDOS POR BARRAGENS - MAB. 2011. A violação
dos direitos dos atingidos por barragens no Brasil. In: MERLINO, Tatiana;
MENDONÇA, Maria Luisa (Org.). Direitos Humanos no Brasil 2011.
Relatório da Rede Social de Justiça e Direitos Humanos. São Paulo: Rede Social
de Justiça e Direitos Humanos. p. 97-102. Available at: <http://www.social.org.
br/DH_2011_ALTA.pdf>. Last accessed on: May 2013.
NETO, Joaquim S. (Org.). 2007. Direito dos povos e das comunidades tradicionais
no Brasil: declarações, convenções internacionais e dispositivos jurídicos

definidores de uma política nacional. Coleção Documentos de Bolso n. 1.

Manaus: UEA.
PILLAY, Udesh; BASS, Orli. 2008. Mega-events as a Response to Poverty
Reduction: The 2010 FIFA World Cup and its Urban Development
Implications. Urban Forum, v. 19, n. 3, p. 329-346.
PRADO, Débora. 2011. Copa e Olimpíadas: o que realmente está em jogo?.
Revista Caros Amigos, n. 166. Available at: <http://www.inesc.org.br/noticias/
noticias-gerais/2011/fevereiro/copa-e-olimpiadas-o-que-realmente-esta-em-
jogo>. Last accessed on: May 2013.
PROGRAMA DAS NAÇÕES UNIDAS PARA O DESENVOLVIMENTO -
PNUD. 2000. Relatório de Desenvolvimento Humano. Síntese; Direitos
Humanos e desenvolvimento humano - pela liberdade e solidariedade. Available
at: <http://www.pnud.org.br/hdr/arquivos/RDH2000/Sintese_RDH.pdf>. Last
accessed on: May 2013.
NAÇÕES UNIDAS (2011). Relatoria Especial da ONU para a Moradia Adequada.
2011. Como Atuar em Projetos que Envolvem Despejos e Remoções: Princípios
Básicos e Orientações para Remoções e Despejos Causados por Projetos de
Desenvolvimento. Guia. Supervisão Raquel Ronilk, textos Paula Ligia Martins,
Marcia Saeko Hirata e Joyce Reis. Available at: <http://issuu.com/unhousing/
docs/guia_portugues/1>. Last accessed on: May 2013.
ROBINSON, Mary. 2005. What Rights Can Add to Good Development Practice.
In: ALSTON, Philip; ROBINSON, Mary. (Ed.). Human Rights and
Development: Towards Mutual Reinforcement. New York: Oxford University
Press. p. 24-44. Available at: <http://fds.oup.com/www.oup.co.uk/pdf/0-19-
928462-8.pdf>. Last accessed on: May 2013.
RUGGIE, John. 2011. Empresas e Direitos Humanos. Parâmetros da ONU para
Proteger, Respeitar e Reparar. Relatório Final. UN Doc HR/PUB/11/04. São
Paulo: Conectas. Version in Portuguese. Available at: <http://conectas.org/
arquivos-site/Conectas_Princ%C3%ADpiosOrientadoresRuggie_mar2012(1).
pdf>. Last accessed on: May 2013.
SEVÁ FILHO, Arsenio O. (Org.). 2005. Tenotã-Mõ: Alertas sobre as
consequências dos projetos hidrelétricos no rio Xingu, Pará, Brasil. São Paulo:
International Rivers Network. Available at: <http://www.socioambiental.org/
banco_imagens/pdfs/10340.pdf>. Last accessed on: May 2013.
SOUZA, Robson. 2011. A Copa do Mundo é nossa? Observatório das
Metrópoles. Available at: <http://www.observatoriodasmetropoles.net/index.
php?option=com_k2&view=item&id=39%3Aa-copa-do-mundo-%C3%A9-
nossa%3F&lang=pt>. Last accessed on: May 2013.
TERRA DE DIREITOS. 2011. Cartilha Protegendo-nos: medidas para proteção
de defensores de direitos humanos em defesa dos rios amazônicos. Available at:
<http://landsandrights.blog.com/files/2011/10/Cartilha-Protegendo-nosTDD.
pdf>. Last accessed on: May 2013.
VENTURA, D. 2012. Depois de Belo Monte, Brasil mudou sua postura com
18 SUR 137-157 (2013) ■ 155

a OEA. Entrevista concedida a Raquel Duarte. Jornal Sul 21, Porto Alegre.
Available at: <http://www.sul21.com.br/jornal/2012/09/depois-de-belo-monte-
brasil-mudou-postura-com-a-oea-diz-deisy-ventura/>. Last accessed on: May
2013.
WAMALA, E. 2002. Freedom and Human Rights: The Development Dilemma in
Sub-Saharan Africa. In: DALFOVO, A. T. et al. (Ed.). Ethics, Human Rights and
Development in Africa. Ugandan Philosophical Studies, III. Cultural Heritage and
Contemporary Change, series II, v. 8. Washington, DC: Council for Research in
Values and Philosophy. p. 101-114.
WANDERLEY, Isabella F. et al. 2007. Implicações da Iniciativa de Integração da
Infra-estrutura Regional Sul-americana e projetos correlacionados na política de
conservação no Brasil. Revista Política Ambiental, Conservação Internacional
Brasil, Belo Horizonte, n. 3, maio, p. 3-42. Available at: <http://www.conservation.
org.br/publicacoes/files/politica_ambiental_3_maio_2007.pdf>. Last accessed on:
May 2013.
Jurisprudence
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS. 2011. Decisão
MC-382-10 de 01 de abril. Comunidades indígenas da Bacia do Rio Xingu, Pará.
Available at: <http://www.xinguvivo.org.br/wp-content/uploads/2010/10/Carta_
otorgamiento_corregida_peticionario1.pdf>. Last accessed on: May 2013.
NOTES
1. On this point cf. the article published on Portal 3. Available at: <http://www.portaltransparencia.
Brasil on 12/09/2011 entitled “Respeito aos gov.br/copa2014/dados/download.seam> or in easy
direitos humanos é condição para desenvolvimento, visual interface at <http://opencopa.com/>. Last
diz presidenta” (Respect for human rights is accessed on: May 2013.
condition for development, says president),
4. The conditions included: the realization of prior
available at: <http://www.brasil.gov.br/noticias/
consultation processes that are free, informed,
arquivos/2011/12/9/respeito-aos-direitos-humanos-e-
of good faith and culturally appropriate; and
condicao-para-desenvolvimento-diz-presidenta>. Last
accessed on: 02/05/2013. the adoption of strict measures to protect the
life, health and personal integrity of the affected
2. The concept of “staged cities” is used to indigenous peoples. On this matter cf. Decision
characterize urban areas that have been transformed MC-382-10 of 04/01/2011 of the IACHR-OAS,
in order to serve as a world stage for mega-events.
available at: <http://www.xinguvivo.org.br/wp-
Due to the visibility that these events generate for
content/uploads/2010/10/Carta_otorgamiento_
the city, appearance becomes an essential part of the
corregida_peticionario1.pdf>. Last accessed on:
renovation projects. The development of these cities,
May 2013.
therefore, does not serve the needs of their residents,
but instead obeys a market logic that offers few 5. Editor’s note: sacred sites where religious
long-term solutions for the real urban problems and followers of Umbanda and/or Candomblé meet to
quickly eliminates aspects of the landscape that are worship their deities, more commonly known as
considered “undesirable” (GREENE, 2003). Orixás.

RESUMO
O artigo oferece um panorama sobre o quadro de violações dos direitos humanos que vem
ocorrendo no Brasil a partir da implementação de megaprojetos de desenvolvimento. Usando
como pano de fundo os casos emblemáticos da Copa do Mundo de 2014 e do Complexo
Hidroelétrico de Belo Monte, objetiva-se demonstrar que há um padrão de violações que se
repetem, seja nas matas, no campo ou nas cidades. O artigo aporta ainda um estudo sobre
a quem incumbem as responsabilidades nesse contexto. Almeja-se, com isso, incitar uma
reflexão sobre que tipo de modelo de desenvolvimento, enquanto sociedade brasileira, deseja-
se verdadeiramente para o país.
PALAVRAS-CHAVE
Megaprojetos – Desenvolvimento – Violações de direitos humanos
RESUMEN
El artículo presenta un panorama sobre las violaciones de derechos humanos que han
venido ocurriendo en Brasil a partir de la implementación de megaproyectos de desarrollo.
Teniendo como telón de fondo los casos emblemáticos del Mundial de Fútbol de 2014 y del
Complejo Hidroeléctrico de Belo Monte, el texto tiene como objetivo demostrar que existe
un patrón de violaciones que se repiten, tanto en regiones selváticas, como en el campo o
en las ciudades. El artículo también aporta un estudio sobre a quién le corresponden las
responsabilidades en ese contexto. Con este trabajo, se pretende incitar una reflexión sobre
qué tipo de modelo de desarrollo, como sociedad brasileña, realmente se desea para el país.
PALABRAS CLAVE
Megaproyectos – Desarrollo – Violaciones de derechos humanos
18 SUR 137-157 (2013) ■ 157

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PATRICIA FEENEY Haiti
Obligations?
Business and Human Rights: The
THE RIGHTS OF PERSONS W ITH
Struggle for Accountability in the
DISABILITIES
UN and the Future Direction of the SUR 13, v. 7, n. 13, Dec. 2010
Advocacy Agenda LUIS FERNANDO ASTORGA
GLENDA MEZAROBBA GATJENS
INTERNATIONAL HUMAN RIGHTS
Between Reparations, Half Truths Analysis of Article 33 of the
COLLOQUIUM
and Impunity: The Difficult Break UN Convention: The Critical
Interview with Rindai Chipfunde- with the Legacy of the Dictatorship Importance of National
Vava, Director of the Zimbabwe in Brazil Implementation and Monitoring
Election Support Network (ZESN)
Report on the IX International GERARDO ARCE ARCE LETÍCIA DE CAMPOS VELHO
Human Rights Colloquium Armed Forces, Truth Commission and MARTEL
Transitional Justice in Peru Reasonable Accommodation: The
New Concept from an Inclusive
SUR 12 , v. 7, n. 12, Jun. 2010 REGIONAL HUMAN RIGHTS Constitutio nal Perspective
MECHANISMS
MARTA SCHAAF
SALIL SHETTY FELIPE GONZÁLEZ
Negotiating Sexuality in the
Foreword Urgent Measures in the Inter- Convention on the Rights of Persons
American Human Rights System
with Disabilities
FERNANDO BASCH ET AL.
The Effectiveness of the Inter- JUAN CARLOS GUTIÉRREZ AND
TOBIAS PIETER VAN REENEN
SILVANO CANTÚ
American System of Human AND HELÉNE COMBRINCK
Rights Protection: A Quantitative The Restriction of Military
The UN Convention on the Rights of
Jurisdiction in International Human
Approach to its Functioning and Persons with Disabilities in Africa:
Rights Protection Systems
Compliance With its Decisions Progress after 5 Years
DEBRA LONG AND LUKAS
RICHARD BOURNE MUNTINGH STELLA C. REICHER
The Commonwealth of Nations: The Special Rapporteur on Prisons Human Diversity and Asymmetries:
Intergovernmental and and Conditions of Detention in Africa A Reinterpretation of the Social
Nongovernmental Strategies for the and the Committee for the Prevention Contract under the Capabilities
Protection of Human Rights in a of Torture in Africa: The Potential Approach
Post-colonial Association for Synergy or Inertia?
PETER LUCAS
MILLENNIUM DEVELOPMENT LUCYLINE NKATHA MURUNGI The Open Door: Five Foundational
GOALS AND JACQUI GALLINETTI Films That Seeded the
The Role of Sub-Regional Courts in Representation of Human Rights for
AMNESTY INTERNATIONAL the African Human Rights System Persons with Disabilities
Combating Exclusion: Why Human
Rights Are Essential for the MDGs MAGNUS KILLANDER LUIS GALLEGOS CHIRIBOGA
Interpreting Regional Human Rights Interview with Luis Gallegos
VICTORIA TAULI-CORPUZ Treaties Chiriboga, President (2002-2005)
Reflections on the Role of the of the Ad Hoc Committee that Drew
United Nations Permanent Forum ANTONIO M. CISNEROS DE Up the Convention on the Rights of
on Indigenous Issues in relation to ALENCAR Persons with Disabilities
the Millennium Development Goals Cooperation Between the Universal
and Inter-American Human Rights
ALICIA ELY YAMIN Systems in the Framework of the SUR 15, v. 8, n. 15, Dec. 2011
Toward Transformative Universal Periodic Review Mechanism
Accountability: Applying a Rights- IN MEMORIAM ZIBA MIR-HOSSEINI
based Approach to Fulfill Maternal Criminalising Sexuality: Zina Laws
Kevin Boyle – Strong Link in the
Health Obligations as Violence Against Women in
Chain
SARAH ZAIDI By Borislav Petranov Muslim Contexts
Millennium Development Goal 6 and LEANDRO MARTINS ZANITELLI
the Right to Health: Conflictual or Corporations and Human Rights:
Complementary? SUR 14, v. 8, n. 14, Jun. 2011 The Debate Between Voluntarists
and Obligationists and the
MARCOS A. ORELLANA MAURICIO ALBARRACÍN Undermining Effect of Sanctions
Climate Change and the Millennium CABALLERO
Development Goals: The Right Social Movements and the INTERVIEW WITH DENISE DORA
to Development, International Constitutional Court: Legal Former Ford Foundation´s Human
Cooperation and the Clean Recognition of the Rights of Same- Rights Officer in Brazil (2000-
Development Mechanism Sex Couples in Colombia 2011)

PREVIOUS NUMBERS
IMPLEMENTATION AT THE CITIZEN SECURITY AND HUMAN ALINE ALBUQUERQUE AND

NATIONAL LEVEL OF THE RIGHTS DABNEY EVANS
DECISIONS OF THE REGIONAL AND Right to Health in Brazil: A Study of
INTERNATIONAL HUMAN RIGHTS GINO COSTA the Treaty-Reporting System
SYSTEMS Citizen Security and Transnational
Organized Crime in the Americas: LINDA DARKWA AND PHILIP
MARIA ISSAEVA, IRINA Current Situation and Challenges in ATTUQUAYEFIO
SERGEEVA AND MARIA the Inter-American Arena Killing to Protect? Land Guards,
SUCHKOVA State Subordination and Human
Enforcement of the Judgments of the MANUEL TUFRÓ Rights in Ghana
European Court of Human Rights in Civic Participation, Democratic
Russia: Recent Developments and Security and Conflict Between CRISTINA RĂDOI
Current Challenges Political Cultures. First Notes on The Ineffective Response of
an Experiment in the City of Buenos International Organisations
CÁSSIA MARIA ROSATO AND Aires Concerning the Militarization of
LUDMILA CERQUEIRA CORREIA Women’s Lives
CELS
The Damião Ximenes Lopes Case:
The Current Agenda of Security CARLA DANTAS
Changes and Challenges Following
the First Ruling Against Brazil in and Human Rights in Argentina. An Right of Petition by Individuals within
the Inter-American Court of Human Analysis by the Center for Legal and the Global Human Rights Protection
Social Studies (CELS) System
Rights
DAMIÁN A. GONZÁLEZ- PEDRO ABRAMOVAY
SALZBERG Drug policy and The March of Folly
The Implementation of Decisions Views on the Special Police Units for
from the Inter-American Court of Neighborhood Pacification (UPPs) in
Human Rights in Argentina: An Rio de Janeiro, Brazil
Analysis of the Jurisprudential Rafael Dias — Global Justice
Swings of the Supreme Court Researcher
MARCIA NINA BERNARDES José Marcelo Zacchi — Research
Associate, Institute for Studies on
Inter-American Human Rights
Labor and Society — IETS
System as a Transnational Public
Sphere: Legal and Political
Aspects of the Implementation of
International Decisions SUR 17, v. 9, n. 17, Jun. 2013
SPECIAL ISSUE: CONECTAS HUMAN DEVELOPMENT AND HUMAN RIGHTS
RIGHTS - 10 YEARS
The Making of an International CÉSAR RODRÍGUEZ GARAVITO,
Organization from/in the South JUANA KWEITEL AND LAURA
TRAJBER WAISBICH
Development and Human Rights:
SUR 16, v. 9, n. 16, Jun. 2012 Some Ideas on How to Restart the
Debate
PATRICIO GALELLA AND CARLOS
IRENE BIGLINO, CHRISTOPHE
ESPÓSITO
GOLAY AND IVONA TRUSCAN
Extraordinary Renditions in the
The Contribution of the UN Special
Fight Against Terrorism. Forced
Procedures to the Human Rights and
Disappearences?
Development Dialogue
BRIDGET CONLEY-ZILKIC
LUIS CARLOS BUOB CONCHA
A Challenge to Those Working in the
The Right to Water: Understanding
Field of Genocide Prevention and
its Economic, Social and Cultural
Response
Components as Development Factors
MARTA RODRIGUEZ DE ASSIS for Indigenous Communities
MACHADO, JOSÉ RODRIGO ANDREA SCHETTINI
RODRIGUEZ, FLAVIO MARQUES
Toward a New Paradigm of Human
PROL, GABRIELA JUSTINO
Rights Protection for Indigenous
DA SILVA, MARINA ZANATA
Peoples: A Critical Analysis of the
GANZAROLLI AND RENATA DO
Parameters Established by the Inter-
VALE ELIAS American Court of Human Rights
Law Enforcement at Issue:
Constitutionality of Maria da Penha SERGES ALAIN DJOYOU KAMGA
Law in Brazilian Courts AND SIYAMBONGA HELEBA
Can Economic Growth Translate into
SIMON M. WELDEHAIMANOT Access to Rights? Challenges Faced
The ACHPR in the Case of Southern by Institutions in South Africa in
Cameroons Ensuring that Growth Leads to Better
Living Standards
ANDRÉ LUIZ SICILIANO
The Role of the Universalization INTERVIEW WITH SHELDON
of Human Rights and Migration LEADER
in the Formation of a New Global Transnational Corporations and
Governance Human Rights
18 SUR 224-227 (2013) ■ 227

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ISSN 1806-6445

INFORMATION AND HUMAN RIGHTS

Sérgio Amadeu da Silveira

Marisa Viegas e Silva

Electronic copy available at: http://ssrn.com/abstract=2401195

SUR. Revista Internacional de Direitos Humanos / Sur – Rede Universitária de Direitos

Electronic copy available at: http://ssrn.com/abstract=2401195

INFORMATION AND HUMAN RIGHTS

ALBERTO J. CERDA SILVA 17 Internet Freedom is not Enough:

FERNANDA RIBEIRO ROSA 33 Digital Inclusion as Public Policy:

LAURA PAUTASSI 55 Monitoring Access to Information from the Perspective

MARISA VIEGAS E SILVA 97 The United Nations Human Rights Council:

JÉRÉMIE GILBERT 115 Land Rights as Human Rights:

ANTONIO MOREIRA MAUÉS 205 Supra-Legality of International Human Rights Treaties

Megaprojects – Development – Human rights violations

This paper is published under the creative commons license.

136 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

Pétalla Brandão Timo

Notes to this text start on page 156.

18 SUR 137-157 (2013) ■ 137

model of development” (LISBOA; BARROS, 2009). This model prioritizes large-scale

138 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

Against this backdrop, this article provides an analysis of the human

18 SUR 137-157 (2013) ■ 139

It is important, here, to add a disclaimer: this article is not blindly opposed to

2.1 World Cup

140 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

18 SUR 137-157 (2013) ■ 141

2.2 Belo Monte

142 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

18 SUR 137-157 (2013) ■ 143

3 Human rights violations

3.1 Right to housing

144 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

18 SUR 137-157 (2013) ■ 145

impacts of mega-projects and mega-events, and to forward the recommendations

3.2 Right to Health and Environment

146 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

3.3 Right to information and participation

18 SUR 137-157 (2013) ■ 147

3.4 Violations of the human rights of defenders and activists

148 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

18 SUR 137-157 (2013) ■ 149

In Brazil’s domestic legal system, the civil responsibility of the State

150 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

Concerning non-state actors more specifically, there is already a consensus that

18 SUR 137-157 (2013) ■ 151

152 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

conflicts and really only benefits a few privileged groups.

Bibliography and other sources

18 SUR 137-157 (2013) ■ 153

COMISSÃO INTERNACIONAL DE JURISTAS - CIJ. 2011. Acesso à Justiça:

154 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

definidores de uma política nacional. Coleção Documentos de Bolso n. 1.

18 SUR 137-157 (2013) ■ 155

156 ■ SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS

Megaprojetos – Desenvolvimento – Violações de direitos humanos

Megaproyectos – Desarrollo – Violaciones de derechos humanos

18 SUR 137-157 (2013) ■ 157