Visit to Brazil, Report of the Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes
community members who suffered the intense trauma of the Brumadinho and Mariana
disasters.151
87.
The inability to provide an effective remedy to the victims of the Mariana disaster is
emblematic of what confronts those who seek justice and remedy against extractive
industries.152 Since 2016, the Special Rapporteur met with BHP and Vale on numerous
occasions to discuss the many problems with their approach to remedy. In the aftermath of
the disaster, BHP and Vale rushed to create the Renova Foundation to provide the affected
communities an effective remedy. Unfortunately, the true purpose of the Renova Foundation
appears to limit liability of BHP and Vale, rather than provide any semblance of an effective
remedy. Institutional shortcomings are well-documented in literature and litigation. Today,
none of 42 projects are on track. Over 200,000 affected indigenous and other community
members, and others have sought legal recourse against BHP and Vale in other countries
including the United Kingdom,153 to secure an effective remedy.
88.
While lessons were learned from the problematic Renova model, the occurrence of a
dam disaster of such magnitude involving the same company, Vale, is evidence of the State’s
failure to guarantee non-repetition. Further, concerns still persist among victims of the
Brumadinho disaster regarding remedies provided and how latent health effects that may
manifest over time from exposure to toxic elements in the mud would be addressed.
89.
Insult to injury is how victims bear an unjust burden of proving causation. Challenges
in linking pesticide exposure with health impacts are further compounded by repeated
exposure of agricultural workers to a mixture of pesticides, at times in low doses where
symptoms may not be apparent in the short term, for different crops on various properties,
further confounded by the unavailability of lab tests especially in rural areas. 154
90.
State-owned enterprises have higher responsibilities to respect human rights. 155 With
the August 2019 oil spill, amidst calls for transparency and comprehensive inquiries on the
precise cause of the spill,156 accurate accounts of the role of Petrobras to support such
investigations would significantly improve capacity for victims of the spill to access remedy.
91.
Companies responsible for the blatant disregard of the Piquiá de Baixo community’s
dignity and right to life and health, made insufficient effort to provide any remedy for over
30 years until civil society and the local community heroically raised international
awareness.157 Neither resettlement nor mitigation measures, among other elements were
implemented by the companies. 158 Vale has a responsibility to remedy the harms inflicted on
the community although it does not own the steel production facilities. The absence of
Government involvement for decades was notable in this ongoing violation of human
rights.159
92.
States have an obligation to ensure safety and security of all persons, and that no life
is arbitrarily deprived. Yet, as mentioned above, even during the visit the Special Rapporteur
received reports of murders of indigenous human rights defenders in the context of land
disputes. It is no excuse that lack of robust investigations is due to remoteness of police
presences; rather this illustrates a deficiency in ensuring accountability. 160 For example,
activism opposing aerial spraying of pesticides has come at the unfortunate high cost of many
151
152
153
154
155
156
157
158
159
160
18
Carlos Machado Freitas and Mariano Andrade da Silva (2019)
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7138502/.
Cáritas Brasileira Regional Minas Gerais (Cáritas/MG (2019).
https://www.spglaw.co.uk/bhp-billiton-facing-5bn-lawsuit-from-brazilian-victims-of-dam-disaster/;
https://www.wsj.com/articles/german-prosecutors-open-probe-into-tuv-sud-which-certified-failedbrazil-dam-11576159293.
Bendetti D, Alves J, Silva FRD and Silva JD (2014) doi: 10.4172/2329-6879.1000170.
UNGPs.
SRESCER of IACHR (11 Nov 2019).
AIAAV (2019).
Id.
Id.
HRW (17 September 2019).
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