Author: toxisphera

The legal framework for mercury in Brazil

The legal framework for mercury in Brazil

This 2010 study was developed during the negotiation process of the Minamata Convention on Mercury, shows a diagnosis of the gaps in the Brazilian legal framework for mercury, and includes a summary analysis of the rules by thematic segments, as well as some brief recommendations. Portuguese version only

REGIME JURÍDICO DO MERCURIO NO BRASIL

 

Management and team

The association has a board of directors made up of people with training and experience in various disciplines, who fulfill the statutory functions. Toxisphera counts on volunteer collaborators and researchers engaged in consulting in the various activities of technical, legal, scientific and advocacy studies.

A brief overview of the history of Toxisphera

Over the years, Toxisphera has dedicated itself to the advocacy of fundamental rights to a healthy environment through its participation in national instances (National Commission on Chemical Safety – CONASQ; National Environment Council – CONAMA) and international processes related to the negotiations of chemical conventions (Stockholm, Minamata, Rotterdam, Basel) and SAICM, in partnership with other Brazilian NGOs, such as ACPO – Association for the Fight against Pollutants and APROMAC – Environment Protection Association. It also participates in networks and alliances of national and international civil society organizations. With support from the Fundo Casa, it prepared four representations to the MPF on irregular emissions of mercury in chlor-alkali plants. Executed several projects in Brazil with support from ZMWG Zero Mercury Working Group, and IPEN International Pollution Elimination Network.

Toxisphera participated, as a representative of FBOMS – Brazilian Forum of NGOs and Social Movements for Environment and Sustainable Development, in CONASQ – National Commission on Chemical Safety, created in 2000, and extinguished by President Bolsonaro in 2019.  Among its competencies, CONASQ monitored the negotiation, ratification and implementation of international chemical treaties and was composed of 22 institutions from the public and private sectors and non-governmental organisations, including CUT (Workers’ Unions Confederation). From the point of view of transparency, governance and dialogue on public policies, CONASQ was an active mechanism of multisectoral coordination for the promotion of the adequate management of chemicals in Brazil.

As a member of CONASQ, Toxisphera participated in the Working Group “Regulation of Chemicals”, in a process that included 16 meetings and a public consultation between 30 June and 28 September 2016, and draw up a draft bill for the Control of Chemical Substances in Brazil. The draft bill has not yet been approved but has received support from representatives of the chemical industry sector, environmentalists, and workers (through, respectively, ABIQUIM – Brazilian Chemical Industry Association, Toxisphera on behalf of FBOMS – Brazilian Forum of NGOs and Social Movements for Environment and Development, and CUT – Workers’ Unions Confederation.

Among the various projects carried out by TOXISPHERA, there are the analysis of lead in paints in Brazil; technical opinions by Civil Society for CONAMA resolutions; research and reports on emissions and releases of mercury, actions for the banning of products containing mercury, publication of the Legal Framework of Mercury in Brazil, report on mercury emissions at four chlor-alkali plants, contribution to the global report on illicit trafficking of pesticides, active participation in negotiations of the international treaty on mercury (Minamata) Stockholm, Basel and Rotterdam Conventions, and the intersessional process of SAICM for 2030.

During the Latin America and the Caribbean Regional Meeting of the Strategic Approach to International Chemicals Management (SAICM), held in Montevideo, Uruguay, in May 2022, civil society organisations (CSOs) from Brazil, Argentina and Uruguay announced the formation of an alliance to protect the environment and public health in Latin America, with TOXISPHERA (Brazil), Taller Ecologista (Argentina) and CIEDUR (Uruguay) at its core. The Alliance aims to ensure transparent, effective, science-based and fundamental rights-based management of chemicals and waste.  The Citizens’ Alliance for a Latin American Toxic-Free Environment initially seeks to learn about the SAICM implementation in each country in the region and to broaden the engagement of civil society groups in the democratic governance of SAICM in the region. To this end, under the coordination of TOXISPHERA, these organizations conducted research on the institutional and legal landscape and challenges of SAICM implementation in Brazil, Argentina, and Uruguay in 2021. The research generated National Reports on the institutional and legal panoramas in these three countries, and a Regional Synthesis Report, available in our library.

 

About Toxisphera

Toxisphera Environmental Health Association is a Brazilian non-profit civil society organization, established in 2010. Our main purpose is to engage in the governance and transparency of public policies and multilateral agreements that impact human health and the environment. Our guidelines include the qualification and mobilization of society groups, as well as the promotion of approaches and measures for sustainability in development, with an emphasis on science as the basis for environmentally responsible management of chemicals and their waste. Additionally, we aim to conserve and restore an ecologically balanced environment.

With a mission to promote healthy and balanced environments, we strive to influence the governance of multilateral bodies, public policies, and corporate practices. This is intended to increase inclusive engagement across various sectors, including labor movements, environmental and human rights advocates, technical and legal experts, as well as scientists.

Networks and Alliances

Toxisphera has partnerships and is a member of various global networks and alliances, such as IPEN, GAIA, ZMWG, CLiC, and Break Free From Plastic (BFFP). In Brazil, we are part of FBOMS – the Brazilian Forum of NGOs and Social Movements for Development and the Environment, RBJA – the Brazilian Network for Environmental Justice, FONASCH, and other social initiatives and related networks.

Program: Citizenship and engagement

The projects and activities of this Toxisphera’s program include the following guidelines and objectives:

  • To strengthen the capacities of society groups (CSOs, workers’ unions, women, traditional and indigenous peoples, etc.) to understand risks, impacts and ways of preventing exposure and environmentally sound control of chemicals and wastes
  • Support the formation and participate in the strengthening of citizen networks and alliances to influence locally and nationally the environmentally sound management of chemicals and wastes
  • Contribute to the construction and expansion of knowledge on the national legal framework and the international treaties on chemicals ratified by the Brazilian State.

Program: National governance of public policies for environmentally sound management of chemicals and hazardous waste

In this program, Toxisphera carries out activities and projects especially concerning:

  • Follow-up and advocacy on CONAMA – Brazilian National Environment Council and other technical and political groups of diverse stakeholders and sectors, as well as on federal regulatory agencies.
  • Participation as civil society representative in the National Commission on Chemical Safety (CONASQ) of the Brazilian Ministry of Environment – multisectoral and multi-stakeholder mechanism coordinator of chemical safety policies and international treaties in Brazil.
  • Monitoring compliance with policies and rights to information and participation for the environmentally sound management of chemicals and their waste.

 

 

Chemical Treaties and Agreements

Negociação e Implementação de Tratados e Acordos Internacionais

 

A Toxisphera acompanha e participa das negociações e dos seguintes processos nacionais de implementação dos seguintes Tratados e Acordos Internacionais relativos a substâncias químicas perigosas e resíduos:

 

  • Convenção de Minamata sobre o Mercúrio

 

Decreto de Promulgação: http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/D9470.htm

 

https://mercuryconvention.org/en

 

 

  • Convenção de Estocolmo sobre os Poluentes Orgânicos Persistentes

 

Decreto de Promulgação: https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2005/decreto/d5472.htm

 

http://www.pops.int/

 

 

  • Convenção da Basilea sobre o Controle de Movimentos Transfronteiriços de Resíduos Perigosos e seu Depósito

 

Decreto de Promulgação: http://www.planalto.gov.br/ccivil_03/decreto/d0875.htm

 

http://www.basel.int/

 

  • Convenção de Roterdã sobre o Procedimento de Consentimento Prévio Informado para o Comércio Internacional de Certas Substâncias e Agrotóxicos Perigosos

 

Decreto de Promulgação: https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2005/decreto/D5360.htm

 

http://www.pic.int/

 

 

  • SAICM – Enfoque Estratégico para a Gestão Internacional de Substâncias Químicas

 

https://www.saicm.org/

 

 

  • Tratado Global sobre a Poluição dos Plásticos, incluindo o Ambiente Marinho

 

Esse tratado está em fase de negociação, tendo sido concluída a primeira sessão de negociação (INC-1) em 2022, em Punta del Este, Uruguai.

https://www.unep.org/events/conference/inter-governmental-negotiating-committee-meeting-inc-1

Program: International governance of chemicals and wastes

Comprises activities and projects associated with:

Follow-up and advocacy with binding regimes on chemicals and their hazardous waste: Minamata Convention on Mercury, Stockholm Convention on POPs – persistent organic pollutants, Basel and Rotterdam Conventions (the last three are “chemical” conventions, whose Conferences of the Parties – CoPs – are held together).

  • Follow-up and advocacy with binding regimes on chemicals and their hazardous waste: Minamata Convention on Mercury, Stockholm Convention on POPs – persistent organic pollutants, Basel and Rotterdam Conventions (the last three are “chemical” conventions, whose Conferences of the Parties – CoPs – are held together).
  • Follow-up and international advocacy with voluntary processes (no legal binding – soft Law): SAICM and Agenda 2030.
  • Participation and advocacy related to the multilateral negotiation, started in 2022, of a new global treaty on plastic pollution.

Toxisphera’s Programmes

Toxisphera approaches its activities from a programmatic perspective, considering that the challenges of confronting the various major crises (climate, loss of biodiversity, environmental pollution, inequality, poverty, and lack of information for the population) require articulated and comprehensive approaches so that, in the short and medium term, they can generate fair systemic transitions.