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RAID vs. ENRC

Case overview

Date filed 13 May 2013
Current status Concluido
Issue Restricted water supply close to ENRC mine in DRC
Summary of the case The complaint filed by the law firm Russell-Cooke LLP acting on behalf of RAID concerns mining assets controlled by companies associated with ENRC in the DRC, including the Canadian company Africa Resources.

The complaint alleges human rights impacts affecting the impoverished populations of Kisankala and Lenge villages, which are located on two adjacent mining concessions in the province of Katanga. Specifically, the complaint alleges that Kisankala villages only clean water system has been in disrepair for over 10 months following a clash between local security guards and artisanal miners based at Kisankala. In addition, the complaint addresses underlying problems the communities face, including claims concerning resettlement and compensation, the alleged absence of environmental and social monitoring, particularly for Lenge village, and the alleged misbehaviour of private security guards.

In March 2016, the UK NCP published its final statement. The NCP determines that ENRC breached the human rights and due diligence provisions of the Guidelines and criticises the company for failing to address human rights impacts at mine sites under the control of its subsidiaries in the Democratic Republic of the Congo. The NCP recommends that the company provide better information to the communities about the standards of conduct expected of staff and security contractors and communicate with them about changes to the schedule for mining. The NCP will monitor developments at the mine sites, and ERG will be required to report on progress in implementing the NCPs recommendations in a years time.
Developments/Outcome The UK NCP accepted the case in October 2013, but it refused to examine resettling Kisankala village and environmental and social monitoring in Lenge village, arguing there was “insufficient evidence”.

ENRC has denied all the allegations, but has indicated its willingness to enter into mediation. The UK NCP engaged a professional mediator to mediate between the parties. The mediation phase lasted over a year from October 2013 until it broke down in November 2014.

In January 2015 and the complainants requested a final examination. A draft final statement was received in August 2015. Since then the company has requested a review of the procedure but to date no decision has been reached.

In March 2016, the UK NCP published their final statement. They criticise the ENCR for failing to address human rights impacts at mine sites under the control of its subsidiaries in the Democratic Republic of the Congo. The UK government recommends that the company should provide better information to the communities about the standards of conduct expected of staff and security contractors and advise them about changes to the schedule for mining. The UK Government will monitor developments at the mine sites and ERG will be required to report on progress in implementing the NCP’s recommendations in a year’s time.

The NCP committed to make a follow-up statement in February 2017.
Relevant OECD Guidelines
Case keywords Industrias extractivas / Sector minero, Los derechos humanos

NCP Information

NCP name National Contact Point United Kingdom
NCP address Victoria Street 1-19 SW1H 0ET London, United Kingdom
NCP website www.berr.gov.uk
Other NCPs involved

Complainants

ONG

Company Information

Company responsible Eurasian Natural Resources Corporation
Company address
Company website
Company in violation Eurasian Natural Resources Corporation
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Date Actor Action Description Document
14 March 2016 Rights and Accountability in Development carta Declaration of RAID and ACIDH. download pdf (70Kb)  
14 March 2016 National Contact Point United Kingdom declaración UK NCP publishes a final statement in the RAID & ACIDH vs. ENRC case. download pdf (90Kb)  
1 November 2014 National Contact Point United Kingdom reunión Mediation between the parties broke down  
1 May 2014 National Contact Point United Kingdom reunión The UK NCP engaged a professional mediator, and mediation was set to begin in May 2014.  
2 October 2013 National Contact Point United Kingdom aceptar The NCP has accepted the complaint  
2 October 2013 Rights and Accountability in Development comunicado de prensa Press release issued after acceptance of the NCP download pdf (260Kb)  
13 May 2013 Rights and Accountability in Development RAID has filed an OECD complaint against ENRC. download pdf (51Kb)  

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