Skip to content. | Skip to navigation

You are here: Home / Case database / DECOIN et al vs Ascendant Copper Corporation

DECOIN et al vs Ascendant Copper Corporation

Case overview

Date filed 16 May 2005
Current status Withdrawn
Issue Ascendant’s Junín mine in Ecuador’s cloud forest
Summary of the case The complaint states that Ascendant Copper Corporation (ACC) has not disclosed material information to the public and potential shareholders concerning its Junin project, including information on: 1) pending legal actions; 2) a land ownership dispute; and 3) intense opposition from local representatives and government officials to the potential forced relocation of four communities and the proposed mining activities generally.
.
The complaint also raises concerns about whether ACC has: 1) disclosed reliable exploration data; 2) engaged in improper political activities to seek an exemption to an environmental regulatory framework; 3) violated the law for failing to obtain authorization from officials and local communities to conduct exploratory activities; and 4) addressed allegations of human rights abuses that have been leveled by a prominent Ecuadorian human rights organization.

Developments/Outcome After agreeing to facilitate a meeting in Ecuador, the Canadian NCP insisted that a meeting with community leaders, NGOs and the company be confidential. However, the complainants feared that a confidential meeting would exacerbate the already tense situation if community representatives were prohibited from reporting to community members. The complainants emphasised that transparency is essential in order to maintain trust. However, the NCP unilaterally rejected the request for greater transparency, including refusing to ask the company if it would be willing to have a transparent dialogue, thereby denying the complainants their procedural rights. Frustrated by the NCP’s refusal to facilitate a transparent, non-confidential dialogue, in a manner consistent with the Procedural Guidance, the environmental organizations decided to formally withdraw the complaint on January 16, 2005. The company has since used the withdrawal of the case to misleadingly claim that the problems have been resolved.
Relevant OECD Guidelines
Case keywords Supply chain, Extractives / mining sector, Forced evictions and resettlement, Harassment, Seeking/ accepting exemptions, Human rights, Political involvement, Environment, Disclosure of information

NCP Information

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

Complainants

NGO

Company Information

Company responsible Ascendant Copper Corporation
Company address Suite 1040 999 West Hastings Street,
BC V6C 2W2. Vancouver
Canada
Company website http://ascendantcopper.com
Company in violation Ascendant Copper S.A.
Country of operations Ecuador
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
1 March 2006 National Contact Point Canada statement Overview of case developments download pdf (15Kb)  
16 January 2006 Defensa y Conservación Ecológica de Intag case dropped Given the fact that the NCP denied the complainants' request to have a transparent meeting, they felt compelled to withdraw the complaint on January 16, 2005. The complainants feared that a confidential meeting would exacerbate the already tense situation if community representatives were prohibited from reporting to community members. download pdf (98Kb)  
18 May 2005 Defensa y Conservación Ecológica de Intag press release Press release about the filing of the complaint download pdf (58Kb)  
16 May 2005 Defensa y Conservación Ecológica de Intag file Complaint filed with Canadian NCP. download pdf (348Kb)  

Personal tools

OECD Watch is hosted by