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Justiça Ambiental vs BHP Billiton

Case overview

Date filed 1 October 2010
Current status Pendiente
Issue Concerns around BHP Billiton's Mozal bypass in Mozambique
Summary of the case Justiça Ambiental and a coalition of Mozambican NGOs filed a complaint against BHP Billiton regarding its intention to operate its Mozal aluminum smelter under a bypass authorised by the Mozambican Ministry for Environmental Coordination.

The bypass would allow the smelter to operate without exhaust filters for a period of 6 months. The company claims the bypass is necessary to upgrade the facility in order to comply with legally required standards.

However, the complainants are concerned with the environmental implications and serious impacts on human health the bypass would involve. The complainants made several unsuccessful attempts to resolve the issue directly with the company. With the OECD Guidelines complaint the complainants hope to open an avenue for mediation and discussing the issue with the company.

The bypass was supposed to go into effect on 1 November 2010, but a local court case has put it on hold.
Developments/Outcome Both the Australian and UK NCPs have acknowledged receipt of the complaint and agreed that the UK NCP will take the lead in handling the complaint.

In February 2011, the UK NCP accepted the complaint. However, after consultation with the parties, the NCP decided to suspend the specific instance to first allow for mediation by the Compliance Advisor Ombudsman of the World Banks International Financial Corporation (IFC).
Relevant OECD Guidelines
Case keywords Salud y seguridad, Medio Ambiente, Procedimientos judiciales paralelos, Más de un PNC

NCP Information

NCP name National Contact Point United Kingdom
NCP address 1 Victoria Street SW1H 0ET London, United Kingdom
NCP website
Other NCPs involved



Company Information

Company responsible BHP Billiton
Company address Lonsdale Street 180
Victoria 3000 Melbourne
Company website
Company in violation BHP Billiton
Country of operations Mozambique
Other companies involved

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