10/04/2019

Shell Brazil & BASF pesticide plant, Brazil


Description:

In March 2007, the Brazilian Ministry of Labour and several workers’ associations filed a lawsuit against Shell Brazil and BASF alleging that workers employed at and living near a pesticide plant, first owned by Shell and then by BASF, suffered cancers and other severe health problems as a result of land and groundwater contamination around the plant. The claim, in Paulínia Labour Court, São Paulo, sought compensation for their illnesses and suffering as well as recovery of medical costs.

Basic Data
Name of conflict:Shell Brazil & BASF pesticide plant, Brazil
Country:Brazil
(municipality or city/town)Paulínia
Accuracy of locationMEDIUM (Regional level)
Source of Conflict
Type of conflict: 1st level:Biomass and Land Conflicts (Forests, Agriculture, Fisheries and Livestock Management)
Type of conflict: 2nd level :Other
Agro-toxics
Specific commodities:
Pesticides
Project Details and Actors
Project details:

Type of populationUrban
Company names or state enterprises:Shell Brasil Petróleo Ltda from Brazil
BASF (BASF) from Germany
Royal Dutch Shell (Shell) from Netherlands
Environmental justice organizations (and other supporters) and their websites, if available:Business and Human Rights, Sindicato Químicos Unificados, http://www.quimicosunificados.com.br/historia-e-objetivos/
Conflict and Mobilization
IntensityLATENT (no visible organising at the moment)
Reaction stageIn REACTION to the implementation (during construction or operation)
Groups mobilizing:Indigenous groups or traditional communities
Industrial workers
Local ejos
Trade unions
Forms of mobilization:Blockades
Involvement of national and international NGOs
Lawsuits, court cases, judicial activism
Public campaigns
Street protest/marches
Boycotts of companies-products
Impacts of the project
Environmental ImpactsVisible: Groundwater pollution or depletion
Health ImpactsVisible: Other environmental related diseases
Socio-economical ImpactsVisible: Violations of human rights
Outcome
Project StatusIn operation
Conflict outcome / response:Compensation
Court decision (victory for environmental justice)
Development of alternatives:Compensation to the affected people and close down polluting plants.
Do you consider this an environmental justice success? Was environmental justice served?:Not Sure
Briefly explain:In January 2009, the court granted an interim injunction in favour of the plaintiffs, ordering Shell and BASF to pay for medical treatment of all of its former employees and their families. On 19 August 2010, the court upheld its earlier injunction and ordered the defendants to pay R$64,500 (US$36,700) in compensation to each former worker and any of their children born during or after their service at the factory. The defendants were also ordered to pay R$ 622 million (US$354 million), in collective compensation for 'danos morais' ('moral damages'), into a Worker Protection Fund. Both defendants appealed the decision. BASF argued it was not responsible for the damage to workers' health because it acquired the plant and the contaminated land after the pollution had occurred. Shell denied any links between its operations and the harms to workers. On appeal, the São Paulo Labour Court affirmed the lower court's ruling. In March 2012 Shell and BASF were in settlement talks to determine who should pay the Brazilian damages. In February 2013 the São Paulo Labour Court reported that Shell and BASF had offered the plaintiffs a settlement -- lifelong health plans for each, worth about US$26 million. The parties agreed to a final settlement in March 2013 worth about 620 million reais (US$316 million).
Sources and Materials
References to published books, academic articles, movies or published documentaries

Links provided by Business & Human Rights Resource Centre:
[click to view]

Links to general newspaper articles, blogs or other websites

Bloomberg, 'BASF, Shell in Talks to Settle $653 Million Brazil Contamination Penalty'
[click to view]

Portal de Paulina, 'Shell e Basf terao que fazer pagamento antecipado referente ao tratamento medico' (in Portuguese)
[click to view]

'Thousands exposed to Shells toxic waste in Brazil', 2010
[click to view]

'Shell, BASF Agree to Settle Brazil Contamination Case for $187 Million -Court!'
[click to view]

The Wall Street Journal

Related media links to videos, campaigns, social network

Quimicos Unificados
[click to view]

Vídeo documentário do Unificados sobre Shell/Basf
[click to view]

Meta information
Contributor:Irene Pietropaoli
Last update10/04/2019
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