The forecast is to compensate about 300 families, guaranteeing the definitive indemnity reparation
On October 8, the Renova Foundation signed the Term of General Agreement – Compensation for Economic Damage and Comprehensive Reparation Process, guaranteeing that around 300 indigenous families from Comboios, in Aracruz, Espírito Santo, are compensated for the damage caused by the collapse of the Fundão dam (MG). In order to carry out the unprecedented service, cultural, territorial and traditional aspects of the communities that, in October, were assisted by the Program for the Protection and Recovery of the Quality of Life of Indigenous Peoples were considered.
In addition to the Renova Foundation, also signed the agreement the communities, through indigenous leaders, of the Indigenous Association, the Federal Public Ministry, the Public Defenders of the Union and the State of Espírito Santo; the agreement will be submitted for judicial approval. Thus, the indemnity process for damages follows the path of finality. The agreements signed with the indigenous people refer to the entire family nucleus and the term was also signed by the head of the family. Considering the reality of families, the presentation of proposals and the signing of the terms of family agreement were in person, following all the health and safety recommendations regarding Covid-19.
Over more than 20 meetings, which started in November 2020, solutions were developed that respect the right of self-determination of indigenous communities, the plurality of activities affected, the need for a specific program to resume economic activities and a commitment to construction and implementation of the basic indigenous environmental plan.
The criteria and compensation amount for general damages were previously discussed with representatives of the government, technical entities and civil society, in addition to indigenous leaders, in respect of the self-organization provided for in Convention No. 169 of the International Labor Organization (ILO). The valuation followed standards and assumptions defined by the Simplified Indemnity System, implemented based on a decision of the 12th Federal Court of Justice of Belo Horizonte.
The indemnities consider the value for three damages, according to the Simplified Indemnity System. The total value is around R$70 million. The indigenous association representing the villagers will be compensated also following the parameters of the Simplified Indemnity System. Payment will be made within ten days, considering the signature of the term of family agreement and from the ratification by the 12th Federal Court of Justice of the term of General Agreement, and will be made by deposit in a bank account held by the affected representative of the family nucleus.
Until August 2021, BRL 15.57 billion had been disbursed in actions for repair and compensation, with BRL 6.5 billion having been paid up to September in indemnities and emergency financial aid to more than 336 thousand people.