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Case title | Quilombola communities of Bocaina and Mocó vs. Brazil Iron Limited and Brazil Iron Trading Limited |
Country where the conflict/incident took place | Brazil |
Country where the case is being litigated | United Kingdom |
Year of initiation of proceedings | 2023 |
Case reference number |
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Status of case
| Ongoing |
Category | Healthy Environment, Traditional Communities |
Plaintiffs | 80 members of Quilombola communities of Bocaina and Mocó in the Chapada Diamantina region in Bahia |
Defendants | Brazil Iron Ltd and Brazil Iron Trading Limited, British companies headquartered in the United Kingdom, the parent companies of the Brazilian company Brazil Iron Mineração LTDA |
At issue | Request for compensation due to socio-environmental impact of mining operations of the Brazilian subsidiary on local communities |
References | Leighday News, Temporary injunction granted to halt alleged intimidation of quilombola indigenous communities impacted by iron ore mine pollution in Bahia, Brazil , 19 October 2023 Leighday News, UK High Court injunction: Ruling against Brazil Iron, 20 November 2023 Leighday News, Brazilian quilombola communities sue UK mining company Brazil Iron for environmental damage, 24 April 2024 BBC News Brasil – Os quilombolas que estão desafiando mineradora britânica acusada de soterrar rio na Chapada Diamantina, 24 April 2024 Repórter Brasil – Sem licença ambiental, ingleses recebem aval para mineração na Bahia, 7 December 2023 Mongabay – Quilombola communities take iron mine to U.K. court, alleging decade of damages, 28 November 2023
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Proceedings: In September 2023, 80 members of the Quilombola communities—descendants of Afro-Brazilian slaves—from the Chapada Diamantina region in Bahia, Brazil, filed a lawsuit in the UK against two UK-registered mining companies: Brazil Iron Limited and Brazil Iron Trading Limited. These companies have been operating in Brazil through their subsidiary, Brazil Iron Mineração LTDA, since 2011. The lawsuit addresses the alleged socio-environmental impacts caused by the Brazilian subsidiary’s operations.
Main Cliams: The plaintiffs claim that the mining activities of the Brazilian subsidiary have led to ongoing air and noise pollution, water contamination, and negative impacts on the health, environment, and livelihoods of the Quilombola communities. In response to these issues, the plaintiffs seek individual financial compensation for the damages caused by the mining activities and environmental restoration measures to remediate the damage inflicted on their lands.
A health inspection by the Secretariat of Health for the State of Bahia in early 2021 confirmed the presence of crushed ore in the surrounding soil and leaves, concluding that the communities were exposed to significant risks due to pollution.
In April 2022, the Bahia state environmental and water regulator, INEMA, suspended the company’s operations in April 2022 for violating mining terms outlined in its environmental authorizations for research and exploration.
Case Development:
Following claims of harassment and intimidation of community members by mine employees aimed at pressuring the communities to drop the legal proceedings, the UK court issued a temporary injunction on October 19, 2023. This order prevents Brazil Iron and its employees from contacting the Quilombola communities.
On November 20, 2023, the UK High Court found that Brazil Iron violated the injunction by sending letters offering free medical examinations to community members. As a result, Brazil Iron was required to pay the plaintiffs’ legal costs.
The next court hearing, which will address the court’s jurisdiction, is scheduled for July 2024.
Related Cases:
In Brazil, a separate lawsuit has been filed against Brazil Iron Mineração LTDA by the Federal Public Defender’s Office (DPU), seeking R$5 million in compensation for the affected residents of the two communities.
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