A decade after 19 were killed in the Mariana Dam disaster, 620,000 Brazilians await justice in a UK court
When the Mariana Dam in Brazil collapsed on November 5, 2015, Alinne Ribeiro’s husband was swept away by mud and water currents.
It was an environmental disaster that caused untold devastation in the mountains of southeastern Brazil, killing 19 people and having catastrophic long-term consequences for thousands of people living in the peaceful mountain villages of the state of Minas Gerais.
A decade later, Anglo-British mining giant BHP is awaiting a decision in the UK High Court on liability for the collapse in a £36bn compensation claim brought by 620,000 people; This case is said to be Britain’s largest ever class action.
“They could have avoided it. They didn’t care who was under the dam. Everyone who was there, who died there, had dreams and they were innocent,” Ms. Ribeiro said.
“This trauma will stay with us forever,” he continued. “They took away a dream we had throughout our lives. I will never forgive BHP because they knew they were going to kill those people and they came right back.”
A decade of legal wrangling has left hundreds of thousands of Brazilians hoping for long-awaited justice in a London court 6,000 miles from home, with a final verdict expected in November or December after more than half a year of deliberation.
The iron ore tailings dam collapsed at 4:20 p.m., sending 44.5 million cubic meters of toxic sludge flowing through the hills of Minas Gerais state, with the pollutants recorded 668 kilometers (451 miles) from the dam.
Following heavy damage to the Doce River, a critical source of irrigation, water, food and recreation for groups such as the Krenak, villages were flattened and indigenous communities’ ways of life destroyed.
Arguments at the hearing, which began in October 2024, were based in part on whether BHP could be held responsible for the failures of Samarco, a joint venture in which it owns a 50 per cent stake, to address the dam’s precarious stability.
BHP says the plaintiff’s claim is “based on an incorrect oversight of the distinctions between BHP, BHP Brazil and Samarco,” but the plaintiffs allege the giant has significant involvement in and influence over Samarco’s activities.
UK law firm Pogust Goodhead, which is representing the claimants, said BHP’s application, filed in October, was the first time the firm had acknowledged key aspects of the extensive damage caused by the collapse, including the destruction of villages and increases in toxic metals in rivers. BHP filing disclaims liability for these effects.
Plaintiffs and attorneys hope the court’s decision will provide closure for dam collapse victims who are struggling to move on with their lives while not feeling like those responsible for the dam collapse are facing the necessary consequences.
“Every time we get closer to the date of the damn rapture, we feel a deep sadness,” Ms. Ribeiro said of the 10th anniversary.
“It’s like we’re letting it all go again, like we’re suffering all over again. They were taken from us. They didn’t just walk out of the house. They left to work or do something from the house. They were taken from us. I’m talking about children, sons who don’t come back, husbands who don’t come back. Our children don’t have fathers anymore.”
One of those children is Ms. Ribeiro’s 12-year-old daughter, who was two years old when her father died.
“He will carry this trauma for the rest of his life,” he said. “He says he has friends who have fathers, but he doesn’t have a father. He has no one to write to for Father’s Day.”
Pogust Goodhead CEO Alicia Alinia said the dam collapse was “not an accident” and “continues to devastate lives, communities and ecosystems a decade later.”
“It is unacceptable that so many victims are still fighting for the justice and compensation they deserve.
“As lawyers, our mission is, first and foremost, to secure justice and fair compensation for our clients. But decisions that hold powerful corporations accountable can accomplish so much more; they can drive systemic change, shape how companies act, how boards make decisions, and how investors demand accountability.”
“A positive decision against BHP would send a strong message to companies around the world: Profit can never come at the expense of human life or the environment.”
A spokesman for BHP said in a statement that the dam collapse was a “terrible tragedy”.
“As a shareholder of Samarco’s non-operating joint venture, BHP Brasil is always committed to supporting Samarco in its comprehensive compensation and compensation efforts in Brazil.
“Samarco, BHP Brasil and Vale continue to implement the agreement reached with Brazilian public authorities in October 2024, which provides a total of R$170 billion (US$31.7 billion) for recovery and compensation programs in Brazil.
“Since 2015, approximately US$12.6 billion has been spent on compensation, reparations and payments to directly affected persons and Public Authorities in Brazil. BHP remains confident that the measures taken in Brazil are the most efficient and effective means of providing full and equitable recovery to those affected.”
