07/12/2015 JAL Case No Country Mandate(s) OTH 11/2015 Other Business enterprises; Hazardous substances and wastes; Health; Indigenous peoples; Water and Sanitation; Summary of the allegation transmitted Reply Letter to BHP Billiton Ltd on alleged detrimental human rights impacts caused by 10/12/2015 14/01/2016 the collapse of an ore tailing waste dam in Bento Rodrigues, a district of Mariana municipality in Minas Gerais state, Brazil, belonging to Samarco Mining S.A., a joint venture between Vale S.A. and BHP Billiton Brazil Ltd. According to the information received, 50 million cubic metres of iron ore waste washed away the Bento Rodrigues district of 600 inhabitants and the ‘mud wave’ penetrated the whole extension of the Doce river and the sea beyond the estuary, affecting the entire ecosystem of the region in its downstream path of 850 km towards the sea. Around 3 million people are estimated to be affected. Studies have shown the toxicity of the wastes, with high levels of hazardous substances such as arsenic, barium, lead, manganese, copper, iron, nickel, zinc, antimony, chrome, cobalt, vanadium, phosphor and aluminium reported. Most cities in the flood path have had water cuts, since their main water source is the Doce River and the water is untreatable for human consumption due to the large presence of suspended solids and heavy metals. It is reported that 11 bodies have been found and 12 persons are missing. Hospitals have also received patients displaying symptoms of intoxication by heavy metals. Similar communications were sent to Samarco Mining and Vale, see below, case nos. OTH 12/2015 and 13/2015. A/HRC/32/53 18 Date Type

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