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Table de Concertation sur Droits Humains vs. First Quantum

Case overview

Date filed 5 December 2002
Current status Rejected
Issue First Quantum & illegal resource exploitation in DRC
Summary of the case In October 2002, a United Nations Panel of Experts accused 85 OECD-based companies of violating the Guidelines for their direct or indirect roles in the illegal exploitation of natural resources in the Democratic Republic of Congo (DRC). The Panel alleged that “elite networks” of political and military elites and businesspersons fueled the conflict in order to retain their control over the country’s vast natural resources.

The Panel alleged that in negotiations between the company and the government of DRC to buy the cobalt-rich Kolwezi Tailings, First Quantum offered a down payment of US$100 million, together with cash payments and shares held in trust for government officials. The Panel referred to documents in its possession showing that the payment list included the National Security Minister, the director of the National Intelligence Agency, the Director General of Gécamines, and the former Minister of the Presidency. The premise was that the share price would rise sharply once the deal was publicly announced.

Developments/Outcome In February 2004, a representative of OECD Watch is informed of the NCP’s intention to follow-up on the case during a meeting. In the NCP’s 2004 annual report, the case is noted as “closed”. The complainants state the NCP never communicated its decision.

In October 2004, the complainants sent a letter of protest to the NCP, which was supported by Canadian NGO, le Regroupement pour la responsabilité sociale des enterprises.
Relevant OECD Guidelines
Case keywords Extractives / mining sector, Anti-competitive practices, Parallel (legal) proceedings, United Nations, Violent conflict, Bribery / Corruption

NCP Information

NCP name National Contact Point Canada
NCP address
NCP website http://www.ncp-pcn.gc.ca/
Other NCPs involved

Complainant

NGO

Company Information

Company responsible First Quantum Minerals Ltd.
Company address 8th Floor 543 Granville Street
V6C 1X8 Vancouver
Canada
Company website http://www.first-quantum.com/
Company in violation First Quantum Minerals Ltd.
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
29 October 2004 Table de concertation - droits humains letter NGOs’ letter of protest to the NCP (English) download pdf (24Kb)  
1 October 2004 National Contact Point Canada report In its 2004 annual report, the Canadian NCP states the case is closed. The complainants were never informed of the NCP’s decision. download pdf (32Kb)  
5 December 2002 Table de concertation - droits humains file A coalition of NGOs (Table de concertation sur les Droit Humains au Congo/Kinshasa) registers their concerns about the Canadian companies cited in the UN Panel’s report. In a follow-up meeting with the NCP, the NGOs requested their letter be a “specific instance”. download pdf (26Kb)  

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