On 28 February 2022, Business & Human Rights Resource Centre (BHRRC) invited South32 to provide comments on two articles relating to the case of a killing of human rights defender, Rober Jaraba, that occurred in Colombia in July 2018. South32 provides its response below.

South32 strongly condemned the murder of Mr Jaraba in 2018 and the company would like to reiterate that position today. The communications issued at the time of his assassination are provided below, in English (unofficially translated utilising freely-available software) with the original Spanish language copies attached.

The two articles provided by BHRRC are mostly correct, however there are a few important aspects that require clarification:

• Mr Jaraba’s full name was Rober Emilio Jaraba Arroyo.
• At the time of his assassination, he was an employee working at Cerro Matoso, an integrated nickel laterite mine and smelter located in Cordoba, Colombia (99.9% owned by South32).
• Although Mr Jaraba had retired from his activities as a union leader early in 2018, he had continued to actively promote participation in training and development opportunities to the Cerro Matoso workforce. In this capacity he was a key contact for the workers and unions and for the Public Technical College (SENA) that operates in the region.

Following Mr Jaraba’s assassination, his family received emotional and economic support from South32 and his colleagues. Cerro Matoso employees and management team had a very good working relationship with Mr Jaraba, and his leadership skills are deeply missed by those who worked with him.

South32 and Cerro Matoso have maintained their commitment to respect the rights of employees to union representation and to a respectful and open dialogue between parties. The company and the union representatives have continued to work together, including during the COVID-19 pandemic when they collaborated with the support of employees to provide emergency assistance to local communities.

South32 is committed to respecting human rights, and more information on the company’s approach can be found here.

Internal communication (email) distributed by South32 Cerro Matoso Human resources to its employees in Colombia on July 18 of 2.018

(free-unofficial translation from Spanish)

Good afternoon. Cerro Matoso S.A. regrets the death of our Worker Rober Jaraba who worked as an Operator in the Mine business unit. He passed away early today as a victim of violence in the Caucasia Municipality where he was from.

His son and his family will remember him as an exemplary brother and a loving and responsible family man. The Company highlights his excellent performance as a worker and an example of compliance with corporate principles and values, a natural leader of the mining group; He promoted the professional development of his peers through academic training, a subject he was passionate about, he was a Sintramineros Union director and played a fundamental role as a negotiator for the 2015/2018 collective labor agreement.

Definitely an irreparable loss for his family, the company, workers and the union movement. Today, starting at 6:00 p.m., the body will be lying in repose at the headquarters of the Sintramineros union organization located in the urbanization the triangle, lot 10, block C, in Montelibano. The funeral will take place tomorrow, June 18, the body will be transferred to Caucasia at 1:00 p.m. from the Sintramineros headquarters to the Funeraria el Carmen in Caucasia, the funeral will be held from 4:00 p.m. in the Pueblo Nuevo cemetery of Caucasia. The Company will provide transportation for workers interested in attending. As a Company we publicly reject all forms of violence and promote respect for human rights.

Peace in his grave. Please share with your work groups.

External Statement issued by South32 Cerro Matoso to public in general in Colombia on July 18 of 2.018

(free-unofficial translation from Spanish)

External statement communication (free-unofficial translation from Spanish)

In relation to the violent acts in which an employee of Cerro Matoso SA died last Monday morning in the municipality of Caucasia (Antioquia), the company deeply regrets what happened and expresses its total solidarity with his family and friends. Likewise, we reject all forms of violence that threaten the integrity of people.

As a company we are committed to building peace in the post-conflict framework and we promote respect for human rights.