The terms of a possible settlement of the case brought by Brazilian prosecutors over the Mariana disaster have been disclosed by BHP on the eve of the mining company’s liability trial in England, which begins next Monday (21). Such timing only proves that the companies responsible for Brazil’s biggest environmental disaster are determined to do everything they can to prevent the victims from seeking justice, and are willing to perpetuate the shameful behaviour they have demonstrated over the last 9 years.
A possible settlement in Brazil will not impact the trial in the United Kingdom. The way in which the terms were announced only demonstrates a desperate attempt by BHP to avoid being held accountable in court for the acts that led to the collapse of the Fundão dam on November 5, 2015.
It is essential to clarify that most of the resources refer to funds that will be spent by the states and the federal government, and are not direct compensation to the affected individuals and communities.
Unlike the agreement proposed by BHP, the lawsuit filed in the United Kingdom by approximately 620,000 victims of the tragedy – represented by Pogust Goodhead – focuses on the individual rights, seeking to compensate for the specific material and moral damages suffered by each affected party. In addition to residents of the affected regions, indigenous communities and quilombolas, the lawsuit also includes 46 municipalities, 1,500 companies and faith-based institutions.
Our clients were not included or consulted at any time during the settlement process in Brazil, which has been conducted behind closed doors and under confidentially since the beginning. The proposal announced by BHP, therefore, does not reflect the reality of the losses suffered by the clients of the English lawsuit.
The amounts for individual compensation offered in the proposed deal are wholly unsatisfactory reflecting a lack of participation of the victims in the negotiations and completely disregard individual circumstances.
The lawsuit in the English courts is the only way to truly hold BHP accountable for the Mariana dam disaster and to ensure full and fair compensation for the damages suffered by the victims. The trial in England represents far more than financial compensation: it is a unique opportunity to hold the world’s largest mining company accountable for an environmental crime and to ensure that such crimes do not go unpunished.
