Vale & BHP lawsuit (re gender discrimination in Fundão dam collapse reparations, Brazil)
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Snapshot: In November 2015, the Fundão dam in Mariana, Brazil, operated by Samarco (joint venture between BHP and Vale), collapsed, killing 19 people and causing widespread environmental devastation. In response, Samarco signed a USD262 million agreement with the Brazilian Government to fund mitigation and remedial measures. Lawsuits related to the disaster have been filed in Brazil, the United Kingdom, and the United States.
In June 2024, Brazilian prosecutors filed a civil lawsuit seeking 3.6 billion reais (approx. USD668 million) from mining companies Vale, BHP, and their joint venture Samarco. The claim centres on alleged gender-based discrimination in the reparations process following the 2015 Fundão dam collapse. Prosecutors argue that compensation methods were based on patriarchal assumptions, recognising men as primary victims - as the head of the family - and sidelining women by treating them as dependents or “helpers.” This, they allege, rendered women’s economic roles invisible.
In June 2024, Vale and BHPstated that they had not yet been notified about the lawsuit.
On 14 August 2024, Federal Judge Vinicius Cobucci of the 4th Federal Civil Court of Belo Horizonte granted partial interim relief, ordering Renova Foundation to continuously update and correct affected women's registration data, ensure their direct and autonomous access to compensation programs, cease discriminatory practices placing women in subordination to male family members, and present within 60 days a data compliance plan under Brazil's General Data Protection Law. The judge found that Renova Foundation's registration model constituted “institutional violence”, having centralised family data under a male "family representative" and rendered women's economic contributions invisible.
On 24 October 2024, Vale, BHP, Samarco Mineração, the Brazilian Federal Government, the state governments of Minas Gerais and Espírito Santo, and the Federal and State Prosecutors' and Public Defenders' offices signed the Definitive Settlement (Acordo Judicial para Reparação Integral e Definitiva ao Rompimento da Barragem de Fundão). The agreement established a dedicated BRL 1 billion Women's Program. On 6 November 2024, the Brazilian Supreme Court approved the settlement, confirming the dismissal of judicial and administrative proceedings listed in Annex 23, Chapter I, Sections I, II, and III, including the present lawsuit. On 17 December 2024, the first instance judge accordingly dismissed the case.
The BRL 1 billion Women's Program remains to be implemented, with access criteria yet to be defined in consultation with affected women. The Supreme Court retains oversight of the agreement's execution.