Jair Bolsonaro can stand trial in the International Criminal Court (ICC) after being accused of crimes against humanity.
Indigenous leaders in Brazil and human rights groups are appealing to the court to investigate the Brazilian president over his dismantling of environmental policy and the violation of indigenous rights, which they say amounts to an ecocide.
William Bourdon, a lawyer in Paris, submitted a request for a preliminary investigation to the tribunal in The Hague, the 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’s a matter of urgency’, Bourdon said. “We are running counterclockwise considering the devastation of the Amazon.”
Since Bolsonaro entered service in 2019, large parts of the rainforest have been destroyed and traditional communities threatened. Deforestation has risen by almost 50% in two years and has reached its highest level since 2008. Inhabitants of indigenous territories increased by 135% in 2019, and at least 18 people were killed in land conflicts last year.
Nevertheless, fines for environmental crimes dropped by 42% in the Amazon Basin in 2019 and this year the federal government reduced the budget for its application by 27.4%, a report revealed.
“As the scenario gets worse, the government is reducing enforcement,” said Marcio Astrini, executive director of Climate Observatory, the group of NGOs behind the report. “It is frightening to see that there is a coordinated attack on the climate, the forest and its people.”
The UN-backed court has mostly ruled on genocide and war crimes since its inception in 2002. After criticism, however, in 2016 he decided to assess transgressions in a broader context, which could include major environmental and cultural crimes.
Bourdon believes this case could lead to Bolsonaro facing an ecocide, a term defined as the serious and lasting damage to the environment and people. The lawyer filed the case on behalf of indigenous chiefs Almir Suruí and Raoni Metuktire.
Several members of non-governmental organizations and advocates from the US, Brazil and France also worked on the 68-page report describing what they believe are crimes against humanity. These include cases of murder, forced transfer and prosecution of indigenous peoples in Brazil.
Raoni is known for his fight for the preservation of the Amazon rainforest and indigenous culture. The 91-year-old head of the Kayapo people is currently isolated in his village in the Xingu indigenous area due to the coronavirus pandemic.
Patxon Metuktire, his 35-year-old grandson, has been following him in recent years in his search for help in the international community: ‘My grandfather thought it was important to file the complaint because the head of the nation should protect communities, but he does not.
“People feel approved to commit crimes because the president supports them,” Patxon added. “My grandfather believes that the Brazilian people cannot stop the president from taking action against the indigenous people. He continues to violate our rights, so this is our last resort. My grandfather is willing to testify and explain to prosecutors, if necessary. ”
Scientists have warned that Bolsonaro’s devastating policies could push the Amazon rainforest to an irreversible tipping point and turn parts of the tropical forest into savannah. This will make it impossible to control climate change.
“Bolsonaro is not only a risk to 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 Brazil’s Indigenous Peoples , said. “He commits one crime after another against the peoples of the forest and the surrounding area.”
In November 2019, Brazilian activists issued an “informative note” to the ICC arguing that Bolsonaro had encouraged the genocide of indigenous peoples. More than a year later, the prosecutor’s office said it was investigating the case to determine if it would open an investigation.
Eloísa Machado, a member of Brazil’s Human Rights Advocacy Collective who worked on the legal action, welcomed the case brought by Bourdon. “Bolsonaro is now investigating his actions, even if it is not,” she said.
Although the proceedings are still at an early stage, Machado said it was an important sign from The Hague: “This is an indication that the facts reported are serious and that the prosecutor’s office is sensitive to the issue.”