Quilombos obtain injunction in the United Kingdom against mining companies – 11/08/2023 – Environment

Residents of two quilombos in Bahia obtained a court injunction in the United Kingdom to prevent British mining companies from continuing with what the communities of Bocaina and Mocó, in the municipality of Piatã (BA), call intimidation.

The iron ore companies Brazil Iron Limited (BIL) and Brazil Iron Trading Limited (BITL), registered in the European country, are also accused of causing disruption due to pollution generated by dust from the mine, noise from machinery and explosions. Residents say they suffer structural, physical and psychological damage.

The quilombolas say they were approached by employees of the Brazilian subsidiary of the British companies after they began to challenge the impacts of the operations in court. The objective would be to force them to drop the lawsuits.

The British court ordered mining companies to prevent their employees from having contact with quilombolas. The injunction is valid until the next hearing of the case, which should take place in mid-2024.

Brazil Iron Mineração, a subsidiary in Brazil, denies the accusations and accuses the law firm leading the action in London of bad faith. In Brazil, the company is also the target of a Public Civil Action. Since November, the mining company’s activities have been paralyzed in the region under suspicion of irregularities.

Among the allegations is also that a stream was diverted, which would have deprived members of the community of water to irrigate plantations in the territory, which has been certified by the Palmares Foundation since 2013. In Bocaina, one hundred families live and, in Mocó, 49.

Mining in the region has been taking place since 2009, having been taken over by different companies over the years. In the view of residents, the problems, however, increased with the start of operations by Brazil Iron.

“We made several complaints here in Brazil. Both in the [competentes] as through the media. Until, in May 2022, Inema [Instituto do Meio Ambiente e Recursos Hídricos, órgão ambiental da Bahia] closed the mine due to irregularities. In August 2022, they tried to return, but, as everything was irregular, it was closed in November. They are still standing still and looking for licenses”, says teacher Vanusia Santos, 34, member of the Bocaina Community Association.

“There were rock explosions that, in addition to throwing dust into the communities, cracked the residents’ houses. Another nuisance is that [a mina] It operated 24 hours a day, and the noise made it difficult for us to sleep. [A empresa] He also threw waste into the Bebedouro River, the only river in the community that never dried up and today there is no more water due to mining waste”, she says.

Catarina Oliveira, 50, president of the Bocaina association, was one of the residents who developed psychological and respiratory problems. “A lot of anxiety, insomnia and a lot of respiratory problems”, summarizes Oliveira.

“Since the company suspended its activities, I don’t consider that the routine has returned to normal. Some points such as dust, explosions, noise have improved, but many impacts have not been corrected”, she says, and fears that the company will obtain new authorization to operate in the region.

According to Jonny Buckley, lawyer at Leigh Day, which represents communities in London, this is an unprecedented case, as it is a decision in favor of quilombolas in a British court.

“Our clients have the right to bring their claims against the defendant companies in the English court without being subjected to undue pressure or intimidation” it says. “We obtained this injunction to prevent further unacceptable conduct by the company that attempts to impede our clients’ right to access to justice. We hope that the defendants will now participate constructively in the legal process.”

In May 2023, the DPU (Federal Public Defender’s Office) presented a reply to the challenges in the Public Civil Action filed in October 2022 against the mining company Brazil Iron and the ANM (National Mining Agency).

The Public Defender’s Office asked the Federal Court that Brazil Iron and ANM be ordered to pay R$5 million in compensation for collective moral damages. In the document, Inema was requested to be summoned to join the action.

The Defender’s Office considers that ANM, as a supervisory agency, was negligent and was equally responsible for the damage caused to the surrounding people and the environment.

The process is still in the investigation phase, so this request has not yet been granted by the Court. The request must be analyzed at the time of sentencing, and, if approved, the defendants will be notified.

When contacted by the report, ANM stated that the last inspection carried out at the Mocó mine, belonging to the mining company Brazil Iron, was on October 19, 2022. The inspection was motivated by a complaint that the company was working without an environmental license, but, during inspection , the company has proven with documents that it is in good standing.

Brazil Iron denies all accusations — including those of intimidation of quilombolas. The company says that the action that generated the injunction in the United Kingdom “is beyond reasonable”, since the mining company has not operated in the region for more than a year.

“At no time did Brazil Iron request or order employees or anyone else to intimidate local residents,” he states. “If some of them actually believe that they are having health problems because of the company, we provide medical care and monitoring to the entire community”, also says the note sent to Sheet.

The mining company also says that it is unlikely that the dust particles reached the Mocó Sul and Bocaina region in large quantities, due to the existence of a high mountain between the mine and the communities. According to the company, only three homes could be impacted in this way.

Brazil Iron also claims that, when it operated in the region, it did not produce ore tailings. The company also denies the accusation of diverting a stream.

Also sought after by SheetInema did not comment on the action until the report was completed.