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Rights and Democracy vs Anvil Mining

Case overview

Date filed 17 June 2005
Current status Rejected
Issue Anvil Mining's role in massacre in Congo
Summary of the case In October 2004, over 100 innocent civilians were killed by the Congolese Armed Forces in the town of Kilwa, Democratic Republic of Congo (DRC) during a military counter-offensive to suppress a small-scale rebellion.

In June 2006, the Australian Broadcast Corporation’s current affairs programme, Four Corners, exposed Anvil Mining’s role in the incident. Soon thereafter, Anvil confirmed that it provided “logistical assistance” to the Congolese Armed Forces, but claimed that its vehicles were “requisitioned” and that it effectively had no choice but to comply.
Developments/Outcome In June 2005, Anvil issued a press release denying the accusations in the complaint.

Officials with Canada’s Ministry of Foreign Affairs, the Canadian NCP, NGOs and Anvil mining representatives met in August 2005.

In May, 2006, the Canadian NCP rejected the Anvil case stating it is unable to play a facilitative role in resolving the problems raised. The NCP also stated it is not able to carry out investigations of the type requested by the complainants.

The Kilwa incident has led to several investigations. In December 2006, military court proceedings began against three former Anvil employees and nine military personnel.As of May 2007, an Australian Federal Police investigation into whether there is evidence of Anvil’s complicity in the commission of crimes against humanity or war crimes under Chapter 8 of the Australian Criminal Code Act of 1995 was ongoing. The World Bank’s Compliance Advisor Ombudsman conducted an audit of the Multilateral Investment Guarantee Agency’s guarantee for Anvil’s Dikulushi copper/silver project.
Relevant OECD Guidelines
Case keywords Extractives / mining sector, Human rights, Violent conflict

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 Anvil Mining Corporation
Company address Bay St 357 Suite 700
ON M5H 2T7 Toronto
Canadá
Company website http://www.anvil.com.au
Company in violation Anvil Mining Corporation
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Date Actor Action Description Document
12 March 2007 Rights and Democracy press release The trial of former Colonel Ademar Ilunga and eight military personnel opens in the Military Court of Katanga. Three former Anvil Mining employees are also accused of having “voluntarily failed to withdraw the vehicles placed at the disposal of the 62nd Brigade in the context of the counter offensive of October 2004 to recapture the town of Kilwa” and of having “knowingly facilitated the commission of war crimes by Ilunga Ademar and his men”. download pdf (31Kb)  

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