Decision hinders activity of technical advisors working with people affected by disaster

Judicial sentence will have a direct impact on the autonomy of the communities involved and seriously hinders the democratic participation of a number of civil society organisations.

Resplendor (MG) – Aerial photo shows mud in the Rio Doce, in the town of Resplendor ( Fred Loureiro/ Secom ES)

The Rio Doce disaster enters a new chapter with the decision taken yesterday, by the 12th Federal Court in Belo Horizonte which prevents technical assistance, for the people affected the disaster, by individuals or organisations with links to political parties, religious institutions, social movements or non-governmental organisations. The measure was criticised by organisations, the Federal and State Public Prosecutor’s Office and also the national, Minas Gerais and  Espírito Santo Public Defender’s office.

The decision modifies an amendment to an agreement that had been signed previously by the three companies involved (Samarco, Vale and BHP Billiton) and the Federal Public Prosecutor’s Office, that appointed the Brazilian Foundation for Human Rights as the organisation responsible for hiring technical assistants. The selected professionals and organisations would be in charge of collecting data about the communities and providing technical, independent information with regards to the reparation process.

“This is a worrying decision, as it goes against one of the principal pleas of the communities affected by the disaster, which is for independent, representative technical assistants to be selected freely by them, from trusted organisations.” Said Caio Borges, Coordinator of the Conectas programme for Development and Socio-environmental Rights.

In the eyes of the magistrate, the participation of certain organisations would hinder the freedom of choice of the people affected by the disaster, who could be manipulated by activities linked to the political ideology of social movements and those working for political parties.

“The exclusion of organisations based on these criteria is constitutionally questionable and is incompatible with international human rights principles and norms. NGOs and social movements play a fundamental role in raising awareness, promoting, protecting and defending rights, especially in the case of concrete violations, as was the case of the Rio Doce disaster.” Borges stated. “By excluding the possibility of hiring assistants from specific sectors of society, the magistrate is hampering the participation of civil society and its role in assisting those affected by the disaster, during the reparation process.” He said.