Brazil: Intimidation against the Mining Observatory

The Observatory has been informed about the obstacles to freedom of expression and the intimidation and threats against the Mining Observatory, an independent investigative journalism center and think tank focused on the extractive sector in Brazil. Founded in 2015, the Mining Observatory has since become an international reference in investigative coverage of the mining sector, notably focusing on the environmental and human rights impacts of mining projects.

On 30 April, 2025, the mining company SIGMA Lithium, based in Canada, sent an extrajudicial notice to the Mining Observatory in relation to the Mining Observatory’s position on a technical note produced by researchers from the Federal University of Minas Gerais (UFMG), Montes Claros State University (Unimontes), Federal University of the Jequitinhonha and Mucuri Valleys (UFVJM) and the London South Bank University, all involved in an international research project named LIQUIT (Local, Indigenous, Quilombola and Traditional Communities and the construction of the ‘Lithium Valley’ in Minas Gerais, Brazil: Empowering silenced voices in the energy transition). The report pointed out serious violations of human rights, irregularities in environmental licensing, deficiencies in environmental impact studies and the use of outdated technologies that caused 30 times more social and environmental damage than other existing technologies. The document also called for the revocation of all environmental licences granted to the SIGMA in Jequitinhonha; a review of licensing, incorporating local knowledge and Free, Prior and Informed Consultation (FPIC); and the prioritisation of studies to ascertain the environmental viability of low-impact technologies, such as underground mining.

The notice sent by the mining company's lawyers requested that the article published on 7 May, 2025 not be published. The mining company’s notice reads as follows: “Should the allegedly technical note be made public, SIGMA will adopt all applicable legal measures to hold those involved accountable, including the investigation of criminal liability and the payment of compensation for moral and material damages that may be found”, in a clear attempt to intimidate, threaten and censor the Mining Observatory. The mining company, through its lawyers, claimed that the researchers' report, which requests the suspension of the company's activities in Jequitinhonha, Minas Gerais, because of its socio-environmental impacts, is "a defamatory text” only aiming at tarnishing the image and reputation of the company In the notice, the lawyers notified the Mining Observatory to to refrain from disclosing the content of the report,under penalty of criminal investigation.

The aforementioned report produced by researchers from renowned institutions was sent to several media outlets in Brazil and abroad. However, in fulfilling its duty to listen to the other side and reaching out to SIGMA ahead of the publication of its article, the Mining Observatory ended up being the only target of intimidation and attempted censorship by SIGMA. For example, the media Brasil de Fato published an article on 5 May, 2025 about the technical note and was not the target of intimidation by SIGMA, which reveals a targeted attack on the work of the Mining Observatory.

In response to SIGMA’s notice, on 6 May, 2025, the Mining Observatory sent a counter-notification to SIGMA, prepared by its legal counsel, and published the aforementioned article on its website on 7 May, 2025. The Mining Observatory also informed publicly on its website and social media about the intimidation carried out by SIGMA and reached out to journalism associations in relation to this incident.

The Observatory condemns SIGMA’s acts of intimidation and threats against the Mining Observatory, which seems to be only aimed at preventing the media free exercise of its right to freedom of expression on a topic of public interest.

The Observatory urges the Brazilian authorities to carry out an immediate, thorough and impartial investigation about the aforementioned acts of intimidation and threats against the Mining Observatory and to ensure in all circumstances its rights to freedom of expression and independent investigative journalism.

The Observatory further calls on SIGMA to commit not to use strategic litigation against public participation (SLAPP) actions against journalists and human rights defenders and to respect human rights, including the the right to freedom of expression, in line with the United Nations Guiding Principles on Business and Human Rights.