Lawsuit is against Norwegian Norsk Hydro for pollution in Pará
06/23/2022
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Tailings treatment system at the Hydro Alunorte mining facility that caused a spill in Barcarena, Pará — Foto: Igor Brandão/Agência Pará via Agência Brasil
The courts in the Netherlands will decide this Friday whether to accept the lawsuit filed by quilombolas and indigenous people from the municipality of Barcarena, in Pará state, against Norwegian aluminum manufacturer Norsk Hydro.
In the lawsuit, a group of nine people and the Association of Caboclos, Indigenous, and Quilombolas of the Amazon (Cainquiama) — which represents 11,000 people — allege that the toxic waste pollution from the aluminum manufacturer’s operations in Barcarena has caused health problems for the inhabitants, besides economic losses.
The litigants are seeking compensation for the damage caused. The victims are represented by PGMBM, a firm specializing in collective environmental litigation, the Brazilian law firm Ismael Morais Advocacia, and the Dutch law firm Lemstra van der Korst.
In the petition, Norsk Hydro is accused of being responsible for at least 10 environmental disasters caused by its mining and aluminum production activities. The company operates a refinery, a smelting plant and a bauxite mine in Pará.
The most recent disaster, in February 2018, caused toxic sludge to spill into the reservoirs of the Alunorte and Albrás operations, turning the rivers red. Brazilian authorities investigated the case and discovered three covert pipelines that dispensed toxic waste in the environment, according to the petition.
“Until now, those affected have had no voice in the current actions in Brazil. We want to change that to ensure they are protected and receive the justice they deserve. It is clear that Norsk Hydro carried out risky contaminating activities in a vulnerable region of Brazil, in a way that violated the law and caused catastrophic effects for the nature and the people who live there,” said Pedro Martins, partner and founder of PGMBM, in a statement.
Norsk Hydro said in a statement that the allegations are already being discussed in Brazilian courts. The opening of the lawsuit in the Netherlands generates a risk of duplication of actions and incompatible decisions. “We believe that these issues should be addressed locally and request that the Dutch court suspend the matter until a final decision is reached in the Brazilian cases. The Brazilian judicial system is robust and accessible, backed by constitutional guarantees of full right to defense and due process of law. Furthermore, Brazilian court orders can be executed in the Netherlands,” it added.
Norsk Hydro also stated that the public agencies have carried out more than 90 inspections and audits that attested that there was no transshipment of the waste deposits at Alunorte. Other allegations, according to the company, are unfounded and there is no evidence of contamination in communities caused by Alunorte, related to the February 2018 rain.
The company also said that its operations in Brazil “are in full compliance with the environmental permits required by law.” And it adds: “In addition, our operations have international management certifications, proving excellence in socio-environmental management. Therefore, Alunorte, Albras, and Hydro will continue to provide facts and clarifications necessary for the trial of the allegations, which they consider that should happen in Brazil.”
By Cibelle Bouças — Belo Horizonte
Source: Valor International