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Former employee vs. Banro Corporation

Case overview

Date filed 24 December 2018
Current status Rejected
Issue Banro’s non-observance of Guidelines at the Twangiza Mine
Summary of the case This complaint was filed by a former employee of Twanziga Mining, a subsidiary of Banro Corporation. The complainant alleged that in 2017, Banro Corporation and/or Twangiza Mining threatened, attempted to kidnap, and judicially harassed him, causing him to resign his position out of fear for his safety. After his resignation, the leadership of the companies was overhauled. Although the former employee did not know whether the threats against him were over due to the change in leadership, he sought reinstatement with the company to rectify the financial consequences of the alleged harassment and his subsequent resignation. The company refused to rehire him. The former employee asked for mediation from the UK and Canadian NCPs and asked to be compensated financially by the companies for the alleged harms against him.
Developments/Outcome On 17 January 2019, the UK NCP informed the complainant that it does not handle OECD Guidelines complaints involving the Cayman Islands. The UK noted its long-standing practice of allowing its overseas territories to choose whether or not to be part of a treaty that the UK signs on to. The Cayman Islands chose not to join as a signatory to the OECD Convention. The UK NCP asserts that this means the UK does not handle complaints under the OECD Guidelines involving the Caymen Islands. This means the UK NCP will not handle this case, as Banro Corporation is registered in the Cayman Islands.
Relevant OECD Guidelines
Case keywords Extractives / mining sector, Harassment, Multiple NCPs

NCP Information

NCP name National Contact Point United Kingdom
NCP address London, United Kingdom
NCP website https://www.gov.uk/government/groups/uk-national-contact-point-for-the-organisation-for-economic-co-operation-and-development-guidelines
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Banro Corporation
Company address
Company website
Company in violation Twangiza Mining SA
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Date Actor Action Description Document
17 January 2019 National Contact Point United Kingdom reject UK NCP rejects case on jurisdictional grounds. download pdf (36Kb)  
24 December 2018 former employee file Complaint filed at the UK and Canadian NCPs download pdf (479Kb)  

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