Jair Bolsonaro may face charges at the International Criminal Court (ICC) after being accused of crimes against humanity.
Indigenous leaders in Brazil and human rights groups are asking the court to investigate the Brazilian president on the dismantling of environmental policies and violations of indigenous rights, which they say are ecocide.
William Bourdon, a Paris-based lawyer, submitted a request for preliminary examination to the court in The Hague, Netherlands, on Friday. The chief prosecutor, Fatou Bensouda, will then determine whether there are grounds for an investigation against Bolsonaro.
There is no deadline for a decision, but “it is a matter of great urgency,” said Bourdon. “We are racing against the clock, considering the devastation of the Amazon.”
Since Bolsonaro took office in 2019, vast tracts of rainforest have been destroyed and traditional communities threatened. Deforestation has increased by almost 50% in two years and has reached its highest level since 2008. Invasions of indigenous territories increased 135% in 2019 and at least 18 people were killed in land conflicts last year.
Despite this, fines for environmental crimes fell 42% in the Amazon basin in 2019, and the federal government cut the budget for enforcement by 27.4% this year, a report revealed.
“While the scenario is getting worse, the government is reducing enforcement,” said Marcio Astrini, executive director of the Climate Observatory, the group of NGOs behind the report. “It is scary to see that there is a coordinated attack on the climate, the forest and its people.”
The UN-backed court has ruled mainly on cases of genocide and war crimes since it was created in 2002. However, after facing criticism, it decided in 2016 to assess crimes in a broader context, which could include major environmental crimes and cultural.
Bourdon believes that this case could lead to Bolsonaro being tried for ecocide, a term defined as causing serious and lasting damage to the environment and people. The lawyer filed the lawsuit on behalf of the indigenous chiefs Almir Suruí and Raoni Metuktire.
Several members of NGOs and lawyers from the United States, Brazil and France also worked on the 68-page report that describes what they claim to be crimes against humanity. Includes cases of murder, forced transfer and persecution of indigenous people in Brazil.
Raoni is known for his struggle to preserve the Amazon rainforest and indigenous culture. The chief of the Kayapó people, 91, is isolated in his village in the Xingu Indigenous Land due to the coronavirus pandemic.
Patxon Metuktire, his 35-year-old grandson, accompanied him in his search for help in the international community last year: “My grandfather thought it was important to make the complaint because the head of the nation should protect the communities, but he is not doing it .
“People are feeling supported to commit crimes because the president supports them,” added Patxon. “My grandfather believes that the Brazilian population cannot stop the president from acting against the indigenous people. He continues to violate our rights, so this is our last resort. My grandfather is ready to testify and clarify anything for prosecutors, if necessary. “
Scientists have warned that Bolsonaro’s destructive policies could take the Amazon rainforest to an irreversible tipping point, turning sections of the rainforest into savannah. This would make it impossible to control climate change.
“Bolsonaro is not only a risk for indigenous peoples, he has become a global problem, because what he does here has an impact on the planet,” said Sônia Guajajara, leader of the Association of Indigenous Peoples of Brazil. “He commits one crime after another against the people of the forest and against the environment.”
In November 2019, Brazilian activists delivered an “information note” to the ICC arguing that Bolsonaro encouraged genocide against indigenous peoples. More than a year later, the prosecution said it was analyzing the case to determine whether to open an examination.
Eloísa Machado, a member of the Human Rights Defense Collective of Brazil who worked on the lawsuit, welcomed the case presented by Bourdon. “Bolsonaro has his shares under review now, albeit preliminarily,” she said.
Although the process is still at an early stage, Machado said it was an important sign from The Hague: “It is an indication that the facts denounced are serious and that the Public Ministry is sensitive to the matter”.