ATTENTION Affected People who are members of commissions!
Adai’s Office of the Affected informs: Decision issued on May 25 defines categories of commissions and establishes deadlines for submission of documents by the Commissions in the case of the Samarco dam collapse.
In the May 25 court decision on Priority no. 7, the court set a deadline for the submission of documents and information from the Commissions of Affected Parties. It was determined that if the commissions do not manifest themselves in the actions, the processes will be suspended to verify compliance with the court order. In the absence of a statement from the Commissions, a direct consultation procedure will be carried out with the population, with the participation of the Independent Technical Advisors, the Brazilian Bar Association (Advogados do Brasil – OAB) and local executive bodies. This procedure will result in the creation of a new Local Commission of Affected People, which will officially represent the locality in the Samarco case.
The categories are as follows:
- Local and District Committees with legitimacy recognized in legal proceedings;
- Local and District Committees seeking legitimacy;
- Local and District Commissions with legitimacy recognized in legal proceedings, in territories without an active Independent Technical Advisory Body at the moment;
Pay attention to the information and documents that must be collected, organized and delivered to the Federal Court.
- Full address of the headquarters of the Local Commission of Affected People and full names and contact details of the members;
- List of members who have received remuneration to serve on the committee;
- Demonstrate the procedures for choosing the members of the Commission and the actions taken to ensure gender parity in the composition of the group;
- Address of the place where the meetings were and are held;
- Demonstrate how the meetings of the Committees were publicized, in the time necessary to guarantee the participation of any affected person interested, and show the means of communication used;
- Records of meetings, such as photographs, minutes and/or recordings of meetings that have already taken place, primarily meetings that were held with the polluting companies (Samarco, Vale and BHP Billiton) and the Renova Foundation that were not agreed upon by the parties. Meetings mentioned by the decisions that set the Novel in each territory;
- Report on the reality of the territories in which the Commissions operate, highlighting the problems detected;
- Draw up a report on the activities carried out by the Commissions, with the support of the Technical Advisory Body for Affected Parties;
- Evidence of the actions taken to promote the integration and participation of affected people from different locations;
- Establish contact with Adai’s Technical Office for Affected People in your territory (contacts at the end of the report).
For Local and District Committees with recognized legal standing: The deadline for fulfilling the obligations is 30 days from the time the Committee is summoned in the case. Such commissions in the affected territories of Espírito Santo advised by Adai should contact ATI (contacts at the end). If the information and documents are not delivered on time, legitimacy may be suspended and it will therefore no longer be possible to speak out in the process, nor participate in meetings of the Inter-Federative Committee (CIF), a governance space created to monitor and discuss the reparations process, and hearings, until the court order is complied with.
In addition, specifically the District Commissions of Legitimately Affected People must demonstrate the steps taken to join a Commission with municipal representation, which allows the participation of people affected throughout the locality, respecting the limit of 19 commissions established in the TAC Governance, an agreement signed in 2018 with the aim of guaranteeing the participation of those affected in the process of full reparation.
For the Local and District Commissions of Affected People seeking judicial legitimacy: The deadline for fulfilling the obligations is also 30 days to submit the documents to the Federal Court. If the committees do not submit the requested documents, their request for recognition of legitimacy will be rejected.
Other commissions that are participating in the reparations process, but have never claimed legitimacy in legal proceedings, should contact the Technical Office of the Affected Parties to present information about their work and interest in joining or consolidating as a Local Commission.
Pay attention to deadlines
Deadline for contacting the ATIs in search of support for the preparation of activity reports by the Commissions: from May 25 to July 10 (the date indicated takes into account the time needed for the ATI to support the preparation of the Commissions’ report. It should be noted that the people affected can contact the ATI at any time, this being a deadline designed to ensure reporting activity for the purposes of complying with the court decision).
Deadline for the preparation of activity reports by the Commissions: July 14 (the date indicated takes into account the time needed to send the reports to the Justice Institutions and/or file them with the Federal Court, in order to ensure that the Commissions respect the maximum deadline)
Deadline for submitting the information to the court: July 18 (the deadline of July 18, 2023 is based on the note issued by the current Methodological Coordination of the Technical Advisory Body for Affected Parties, the Brazil Human Rights Fund).
Polluting Companies and the Renova Foundation
The decision also stipulates that the Polluting Companies and the Renova Foundation have until June 27 to present memories, minutes and/or recordings of the meetings in which no agreements were reached, in the process related to axis 7 of the Samarco case.
Technical advice to those affected by Adai in the territories:
Linhares: Av. President Garrastazu Médici, 240. Novo Horizonte (BNH).
Moisés Santos: (27) 99687-9405
Regency: Av. Norberto Matheus Souza, s/n.
Mauro Rodrigues: (27) 99693-3408
Povoação: Av. Caboclo Bernardo, 200.
Luana Hanauer: (27) 99839-7333
São Mateus: R. Montanha, 459. Guriri Sul.
Saritha Vattathara: (27) 99612-1248
Baixo Guandu: R. Antônio Sampaio, 615-477.
Franklin Santos: (27) 99718-5722
Colatina: Av. Getúlio Vargas, 11. Center.
Hugo Rocha: (27) 99789-3670