From 21 October, Brazilian communities will gather at the London High Court for a pivotal case against BHP, one of the world’s largest mining companies, over the collapse of the Fundão tailings dam on 5 November 2015, in the Mariana District of the state of Minas Gerais.
The disaster, considered the worst environmental tragedy in Brazilian history, unleashed toxic mudflows that devastated towns, villages, and ecosystems, with effects still felt today. The Fundão tailings dam was operated by Samarco, a joint venture between Brazil’s Vale and formerly Anglo-Australian, now Australian-only BHP.
This upcoming trial marks a critical juncture in the long legal battle, focusing on whether BHP had operational control and responsibility for the dam’s failure. The case will be crucial in determining the accountability of BHP and Vale.
Indigenous communities have been waiting for nearly a decade for justice, and newly revealed evidence is likely to play a pivotal role in the trial’s outcome. Earlier this year, the High Court in London directed BHP to disclose employment records for key executives, including its CEO, Mike Henry. Evidence revealed an email from former BHP executive Marcus Randolph, showing that BHP had requested an independent safety report on the dam years before the collapse and had raised concerns about dam risks. Additionally, BHP’s internal risk management system included a code for the “Failure of Samarco Tailing Dam,” indicating the company was aware of potential risks. This evidence contradicts BHP’s earlier claim of having no operational involvement in Samarco, potentially proving its liability in the disaster.
The law firm Pogust Goodhead, representing 700,000 Brazilian people, councils, Indigenous communities, small businesses, and churches against BHP, stated this week:
“After all that, you’d think that BHP would show some contrition. You might think that BHP would respond in good faith and support the people in these communities: the indigenous Krenak people, whose traditional lands have been annihilated, and the quilombola communities — quilombolas are the descendants of African slaves who resisted and survived slavery — which were destroyed.”
“But, instead, BHP has spent nine years trying to undermine and prevent justice.”
Resources:
April 18, 2024 – Blog from Pogust Goodhead
Court Orders BHP CEO to Hand Over Contract as New Evidence Reveals BHP’s True Involvement in Mariana Dam Disaster
June 6, 2024 – Business & Human Rights Resource Centre
Brazilian Government Presents Counteroffer Requesting Vale, BHP, and Samarco Pay $20.74 Billion in Reparations for Tailings Dam Collapse
June 20, 2023 – Research Briefing
UK Parliament Research Briefing on BHP and Vale’s Legal Liabilities Following the Mariana Dam Disaster
October 2017- London Mining Network report
The River is Dead: The impact of the catastrophic failure of the Fundão tailings dam