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).