The most important human right, the right to life must be more respected in Brazil. We all must demand a severe punishment when this right is violated. This post is a summary three articles. The first was published with the title above at https://pogustgoodhead.com/brumadinho-dam-disaster-five-years/. The second was published at https://www.fidh.org/en/issues/business-human-rights-environment/business-and-human-rights/5-year-anniversary-brumadinho-letter-investors. The third was published at https://valorinternational.globo.com/business/news/2024/01/15/brumadinho-is-partially-repaired-5-years-after-disaster.ghtml
On 25 January 2019, a dam collapsed in Brumadinho Brazil, killed 272 people and nearly 12 million cubic metres of toxic mud cascaded through local communities and into water systems. Despite the warnings about the dam's stability, Germany company TUV SUD's subsidiary had certified the dam as safe. Operations continued which ultimately led to the disaster. On the fifth anniversary, victims of the Brumadinho disaster travelled more than 9,000 km to Munich, to demand justice at TUV SUD's headquarters, hand in a letter and read the names of the 272 fatal victims. Among them was Karine Naiara Andrade who lost her sister, Natália in the tragedy. Karine said, "five years ago, our lives were turned upside down in a way we will never fully recover from. We are here today asking to be seen, heard, for the pain we are suffering to be understood. We are asking for our fellow claimants to receive the compensation they deserve." Guy Robson, Partner at the law firm Pogust Goodhead who was at the event in Munich said: "today, we reflect on the loss and suffering that continues to affect so many. The tragedy in Brumadinho has left a deep scar on the local environment. It has also left an equally deep scar on victims who can't get the closure they deserve as TUV SUD tries to drag out proceedings. TUV SUD has refused to compensate them since the dam collapsed five years ago. They should now do the right thing and bring this ongoing suffering to an end." In our pursuit of justice on behalf of our clients, we remain deeply troubled by the prolonged struggle for compensation from TUV SUD. It is disheartening that, even after five years, the path to justice and fair compensation remains elusive for our clients." Bruna Ficklscherer, Legal Director at Pogust Goodhead said, "TUV SUD's role in this disaster can not be understated. The delay in compensating those affected only adds to the anguish of the victims. We continue to call for accountability and transparency in the legal proceedings, urging TUV SUD to expedite the compensation process. We'll continue fighting for justice for the victims whose lives and livelihoods were ripped apart by the Brumadinho disaster." On the fifth anniversary of the Brumadinho dam disaster, International Federation for Human Rights (FIDH) is one of 13 civil society organisations launching a global coalition to engage with investors in Vale. the company responsible for Brasil's worst environmental and industrial disaster. In a letter marking the catastrophic event, NGOs invite investors to go beyond company reports and come see the situation for themselves on the ground. Five years later, Vale still has to honour its commitment to repairing the damage it has caused and providing justice to affected families and communities. The latter live in a heavily contaminated environment and are afraid that another mining disaster could happen at any time: 27 dams are operating under emergency protocols and two dams are at risk of rupture. FIDH and its partners wrote to investors to re-evaluate their engagement with Vale in the light of its role in the Brumadinho tragedy and visit the site to speak to local organisations and witness the long-lasting impacts of the burst and current mining issues which would be preventable. The sign at the entrance to the city of Brumadinho, im Minas Gerais, with 270 white roses representing the fatalities of the collapse of the dam at mining giant Vale's Corrego do Feijão mine on January 25, 2019, shows that the memory of the disaster is still alive in the minds of residents. On the eve of the fifth anniversary of the disaster, Vale presented the progress made in the last year in terms of reparations and compensation. Victims have criticized the delay in bringing to justice and punishing those responsible for the dam collapse, as well as the delay in implementing some of the reparations projects. Vale reported that it has already paid R$25.6 billion of the R$37.7 billion reparation agreement signed in 2021 with the M.G. state government, the federal government and the judicial bodies, which should be concluded by 2030. In terms of compensation, R$3.5 billion has been paid to 15,400 people who signed legal agreements. In addition to this amount, Vale paid R$2.4 billion for comprehensive assistance to victims before the settlement. It also spent R$2.2 billion out of a total of R$4.4 billion from the income transfer program, which has been managed by the FGV since the end of 2021. Flávia Soares, Vale's Economic Development Manager for reparations, mentioned a series of projects in the Corrego do Feijão district aimed at strengthening the local economy. She said, "in 2023, almost R$500,000 were generated by the 51 people involved in the many projects." For the families of the victims, the failure of the courts to punish the perpetrators is an open wound. For three years, a criminal case against 16 people for aggravated homicide and environmental crimes for the dam collapse has been pending in the M.G. courts, in January 2023, at the request of the defense of two defendants, the case was transferred to a federal court. Josiane Melo, a board member of the Association of Families of Victims and Affected People. She said, "we believe that impunity allows the crime to be repeated." She also said that there is a lot of repair work to be done and relatives of the victims are waiting to enter the Income Transfer Program (PTR). FGV Andre Andrade, Executive of the FGV estimates that the final number of beneficiaries will be around 150,000. The PTR brings a 50% increase in family income to the region. "The compensation and assistance programs certainly have a significant impact on the minucipality's GDP", said Brumadinho's Planning and Coordination Secretary, Norberto Ribeiro. The secretary said that Brumadinho has 38,640 inhabitants, but there is a floating population, present in the city due to the aid given by Vale or the increase in jobs offered in the reparation work, which brings the contingent to 50,000 people.
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