“Explanatory Note – Framework Agreement Samarco Mineração S.A.
”, 23 June 2016

The Fundão dam break…[in]…2015 was a tragic event that caused social and environmental impacts…Samarco, Vale and BHP are deeply saddened…and sincerely apologize to the…impacted…Samarco has been…engaged in ensuring the response respects the rights of impacted people and is in line with international standards and societal expectations…The protection of the fundamental rights of affected persons was a cornerstone…of the Framework Agreement...[T]he requirement for strong engagement and participation of impacted peoples in the detailed design and delivery of the…Agreement programs was enshrined in the governance arrangements for the Foundation…responsible for its implementation, maintenance and management…The…Agreement seeks to promote and foster communities’ right to be consulted and have a say in decision-making…Section 7(c)…establishes…: “transparency and engagement of communities in discussions over the measures.” The right to participate in designing and implementing the Programs is also specified in Sections 10 and 11…Sections 59 to 72 describe a Program focused on Social Communication, Engagement and Dialogue…[M]ore than 330 open public meetings were held…[, with]… 13,000-plus attendees …The…Agreement does not place any limitations on the affected persons’ right of access to judicial or extrajudicial remedy…