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26/06/2019

Chamber approves creation of national policy on those affected by dams

The proposal outlines rights and legal mechanisms for people who are victims of dams bursts. The plenary also approved a further three bills developed by an external commission from Brumadinho

A delegation of Conectas specialists went to Brumadinho in Minas Gerais to evaluate the emergency response by the authorities and Vale concerning victims, families and those affected by the collapse of the company’s tailings dam. (Photo: Joana Nabuco/Conectas)
A delegation of Conectas specialists went to Brumadinho in Minas Gerais to evaluate the emergency response by the authorities and Vale concerning victims, families and those affected by the collapse of the company’s tailings dam. (Photo: Joana Nabuco/Conectas)

On Tuesday 25 June, five months after the collapse of the Vale dam in Brumadinho (MG), the Chamber of Deputies’ Plenary approved three bills of law that bolster monitoring and reparation of socioenvironmental disasters caused by companies. 

Bill of law nº 2788/2019 leads to the creation of the PNAB (National Policy for those Affected by Dams). This sets out a set of rights and legal and institutional mechanisms for the reparation of victims of accidents of this nature. The document also stipulates new protective measures for vulnerable communities, like indigenous people and quilombolas.

The bills, approved yesterday evening, originated from the External Commission in Brumadinho, created immediately following the collapse of the dam at the Córrego do Feijão mine, owned by Vale, to monitor existing dams in Brazil and to accompany investigations regarding the collapse that happened this year, on 25 January. Until now,  the tragedy has recorded 246 dead and a further 24 people missing.

A further two bills approved in the Chamber set out the definition of the crime of ecocide (bill of law 2787/2019), to be included in the 1998 Law of Environmental Crimes. It also sets out rules on waste and residues produced by industry and mining (PL 2791/2019). 

Conectas participated in the creation of these bills and provided assistance, during public consultation, on the text of the draft bills, put together by the External Commission in Brumadinho, with the objective of ensuring the defence of victims’ human rights and the accountability of the companies involved in the case. 

“The approval of these bills by the Chamber represents an important step towards the protection of affected communities, as well as the prevention of new disasters.” Said Caio Borges, Coordinator on the Conectas Development and Socioenvironmental Rights programme. “But we also need to make progress with other proposals that have not yet been discussed by Congress, such as the implementation of auditing and monitoring of human rights, in order to ensure that companies are respecting standards set to protect human rights.” He added.

On Wednesday, 26 June, the Chamber Plenary voted on another bill of law from the External Commission (bill of law 2790/2019), that includes the prevention of disasters caused by human action, in the Statute of Protection and Civil Defence. 

The bills approved by the Chamber will now be sent to the Federal Senate for analysis. A further five projects originating from the External Commission in Brumadinho await voting in the Chamber.

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