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Individuals & Vale S.A.
Lead NCPBrazil
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)General policies, Disclosure, Human rights, Environment
Date14 Feb 2020
Host country(ies)Brazil
SourceIndividuals
Industry sectorMining and quarrying
StatusConcluded
Summary

Read the Final Statement published by the NCP 28 October 2021: Portuguese


On 14 February 2020, a group of individuals submitted a specific instance to the Brazilian NCP, alleging that Vale S.A. did not observe the OECD Guidelines as a result of the Brumadinho dam accident that took place on 25 January 2019.

The submitters, who are residents of São Sebastião das Águas Claras (known as "Macacos"), in Nova Lima, Minas Gerais, assert that the dam collapse changed the daily life, business, and economic development of the region which is dependent on tourism.

On 13 April 2020, the NCP undertook its initial assessment and accepted the case for further examination. The company did not agree to participate in good offices and so the NCP moved to conclude the case.

On 28 October 2021, the NCP published a final statement concluding the specific instance without agreement between the parties. The NCP made the following recommendations to the company:

      a) conduct and disseminate a report on the scope and effectiveness of the remedial measures at the individual, collective, and social levels;

      b) disclose the list of national and international commitments assumed by Vale that have implications for the subject matter of the allegations, as well as the company's performance in relation to such commitments;

      c) perform and disclose a diagnosis on the compliance with the Guidelines;

      d) adopt a due diligence mechanism based on the OECD Guidelines for Meaningful Engagement of Stakeholders in the Extractive Sector;

      e) that it implements in all areas of its activities the National Guidelines on Business and Human Rights, established by Decree No. 9,571 of 21 November 2018

On 26 April 2022, the NCP received a response from Vale S.A. regarding the recommendations issued during the final statement. After reviewing the information, the decision was made not to issue a follow up report as the response was considered to sufficiently address the recommendations. The specific instance procedure was formally closed on 23 June 2022.