'We lost everything because of greed': High court case for Brazil's Mariana Dam disaster begins
It has been almost nine years since one of Brazil’s worst environmental disasters.
Today, the case against a British mining company, which many hold responsible, began. It has become the largest class action in English legal history.
In 2015, 19 people were swept to their deaths; in a matter of minutes.
The village of Bento Rodrigues in Brazil was wiped out as 44.5 million cubic metres of mining waste was released following the Fundao Dam collapse.
It also had a devastating environmental impact. Mining sludge travelled 675 kilometres, reaching the Atlantic Ocean. 11 tonnes of fish were killed and 860 hectares of Atlantic Forest were degraded.
Today, some of those who lost loved ones and livelihoods in the disaster have come face to face with those they hold responsible.
Among them is Gelvana, whose seven-year-old son Thiago was overwhelmed in the avalanche of mining waste - and killed.
"We lost everything because of greed.” Gelvana told ITV News. Thiago was found 100 kilometres from the village of Bento Rodrigues, where he had been with his grandmother just before the dam collapsed.
“Justice in the UK courts would mean everything. It is the only thing that gives me hope,” she added.
The parent company of the dam’s operators was BHP – which is part British-owned.
Compensation is expected to reach £36 billion, in what is already considered one of the world’s largest collective environmental lawsuits.
The case can be heard at the High Court because, at the time of the disaster, BHP was listed on the London Stock Exchange – and so this becomes the appropriate jurisdiction.
Tom Goodhead, who is representing all 620,000 claimants, said in a statement: "The time has come for BHP to be confronted in court about its involvement in the Mariana dam collapse.
"We are committed to ensuring that the victims finally receive due compensation for the damage they have suffered and thus set a precedent for large corporations to be held accountable for their actions around the world."
The case is due to last for 12 weeks and a ruling on who was liable for this disaster is expected to come in Summer 2025.
So nothing is imminent, yet for those who have travelled thousands of miles from Brazil to be here – justice in the English courts means everything.
Marcelo Krenak, Chief of the Indigenous Krenak community said: "They came here and destroyed nature, destroyed the trees, took away the natural habitat of the animals, which had nowhere to go and died. In a while, we won’t be able to survive either, because the Rio Doce used to sustain our entire community.
"We want justice and we realise that, in Brazil, every time we speak out to defend our rights, we are criminalised and penalised. We hope that it will be different in England!"
BHP has referred to the dam collapse as “a tragedy,” and in a statement ahead of today’s court case said its "deepest sympathies remain with the impacted families and communities".
"BHP Brasil is working collectively with the Brazilian authorities and others to seek solutions to finalise full compensation and rehabilitation process that would keep funds in Brazil for the Brazilian people and environment affected including impacted traditional and indigenous communities.
"BHP continues to defend the legal action in the UK, which duplicates and harms the efforts already ongoing in Brazil.”
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But compensation is not enough, said those at the heart of this case. In fact, some victims claim they have not received a penny since the disaster.
Jonathan Knowles, from Yorkshire, was forced to leave his home, wife and child in Brazil after the Dam disaster.
He told ITV News: "I haven’t received a penny in compensation. In truth, I don’t think they really care. I lost my family, was bankrupt, I had to come back to the UK and start again.”
This remains one of Brazil’s worst-ever environmental disasters. In the coming months, the High Court shall decide what part, if any a British company played in this human and ecological catastrophe.
A BHP spokesperson told ITV News in a statement: "The Fundao dam failure was a tragedy, and our deepest sympathies remain with the impacted families and communities. "BHP Brasil continues to work closely with Samarco and Vale to support the ongoing remediation and compensation process in Brazil.
"The Renova Foundation, established in 2016 (by Samarco, Vale and BHP Brasil) as part of the first agreement with the Brazilian authorities, has spent more than US$7.9 billion on emergency financial assistance, compensation and repair and rebuilding of environment and infrastructure to approximately 430,000 individuals, local businesses and indigenous communities.
"BHP Brasil is working collectively with the Brazilian authorities and others to seek solutions to finalise full compensation and rehabilitation process that would keep funds in Brazil for the Brazilian people and environment affected including impacted traditional and indigenous communities.
"BHP continues to defend the legal action in the UK, which duplicates and harms the efforts already ongoing in Brazil.”
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