Villagers sue African Barrick Gold for deaths in a London court
Mining trucks at Barrick Gold’s Pascua-Lama project in northern Chile. Local Barrick subsidiary, ABG, has come under fire over the heavy-handed response of its security personnel during protests at its North Mara operations two years ago that ultimately left 6 people dead. PHOTO | AFP
What you need to know:
- Twelve villagers, including one man who has been left paraplegic, are suing the companies in the hope of receiving just compensation.
Dar es Salaam. Twelve villagers living in the neighbourhood of North Mara Gold Mine have sued African Barrick Gold (ABG) in the UK High Court for the death of six of their relatives, who were shot by police in 2011.
A London law firm, Leigh Day, filed the case on behalf of the villagers and yesterday served ABG and North Mara Gold Mine Limited with the legal papers.
The ABG office in Dar es Salaam said it was aware of the case and is committed to “addressing legitimate grievances in an open and transparent way”. The firm was quick to assert, though, that it will not compensate illegitimate claims or lawsuits.
ABG, whose gold mining activities are all in Tanzania, is registered as a limited company in London.
It is also listed on the London Stock Exchange and cross-listed on the Dar es Salaam Stock Market. It owns North Mara, Bulyanhulu, Tulawaka and Buzwagi gold mines – all in the lake zone.
The firm said in a statement yesterday: “We understand that the majority of the claims in this case originate from an incident in May 2011. A small number of additional claims have been brought by intruders who illegally entered the mine on other occasions. In the event any legal proceedings are pursued, ABG will vigorously defend itself against all the claims.”
Leigh Day confirmed yesterday that it was representing the villagers and said ABG and North Mara Gold Mine should take responsibility for the deaths and injury of local villagers, including “complicity in the killing of at least six local villagers by police” at the North Mara mine. The companies deny the allegations.
“Twelve villagers, including one man who has been left paraplegic, are suing the companies in the hope of receiving just compensation,” Leigh Day added.
The firm said it started the legal proceedings in collaboration with the Legal and Human Rights Centre of Tanzania, which has sought to highlight what they describe as a serious human rights situation at the mine.
The North Mara mine, which sits amidst seven villages, has been the scene of frequent clashes between security personnel guarding the mine and intruders said to come from neighbouring villages.
Intruders often attempt to gather rocks from the mine in the hope of finding tiny amounts of gold. It is alleged that police are an integral part of the mine’s security and that they shoot at the villagers using teargas and live ammunition.
The legal claims filed in the UK relate to incidents occurring over the past three years, including one in which five young men were shot and killed on May 16, 2011, according to Leigh Day.
The claimants allege that the mine and NMGML are controlled by ABG and that ABG failed to curb the use of excessive force at the mine, including deadly force used by police on a regular basis over a protracted period of time. “Unfortunately, these are not isolated incidents,” said Leigh Day Partner Richard Meeran. “We are aware of many other instances in which local people have reportedly been seriously injured or killed at ABG’s mine.”
The law firm alleged in yesterday’s statement that NMGML has been silencing the villagers “who face extreme poverty despite living on gold-rich ground” despite ABG policies declaring that it conducts its mining activities with “honesty, integrity and ethical behaviour”.
ABG says it cares for neighbouring communities “as witnessed by its social corporate responsibility”. It goes on to add: “Subsidiaries of ABG are among the country’s largest private-sector employers and are committed to fulfilling their responsibilities as corporate citizens in Tanzania…. Our focus is not just on creating value for our shareholders, but ensuring all stakeholders benefit from the extraction of minerals by contributing to the sustainable development of the communities around our mines.”
In pursuing this agenda, the firm says, ABG’s subsidiaries have invested millions of dollars in education, health, environment and employment programmes in the local communities that help create stronger, sustainable communities and foster good working relationships.
