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Mining Company on Trial for Human Rights Abuses Appears to Lobby at the Human Rights Council (HRC)

Nevsun Mining Resources Ltd, based in Canada is cur rently facing a lawsuit initiated by more than 80 Eritrean plaintiffs, who contend they were victims of forced labour, human rights abuses and crimes against humanity at the company’s Bisha Mine in Eritrea. #Bisha Mine is owned 60-per-cent by Nevsun and 40-per-cent by Eritrean government.

Forced Labour and the appalling conditions in Bisha Mine have been documented by Human Rights Watch and the UN Commission of Inquiry into Human Rights in Eritrea. Yet the Todd Romain, the Vice President of Corporate Social Responsibility of this company and his PR are at present in Geneva at the UN Human Rights Council (HRC) session where the current special rapporteur on human rights in Eritrea is due to deliver her final report, and a decision will be made regarding the renewal of the mandate.

Nevsun also participated in side events organized by the Eritrean Mission at the HRC on 16 June 2016 (▻http://www.eritrea-chat.com/eritrean-mining-conference-about-human-rights-in-geneva-16-june-2016) and on 8 March 2018 , and visited many Missions in Geneva despite the fact that this court case was already ongoing.

Human Rights Concern-Eritrea (HRCE) believes most strongly that it is inappropriate for a representative of a commercial corporation whose name has been raised in connection with human rights abuses during HRC debates and oral statements on the human rights in Eritrea, and which is currently the accused to court proceedings regarding human rights abuses, should be party to human rights side events, neither should it’s top representative give the appearance of lobbying country delegations about HRC initiatives that are directly concerned with its court case.

Eritrea has not implemented any of the UPR recommendations from the first and second cycles. The recommendations from the Commission of Inquiries and the Special Rapporteur have so far been ignored. No improvements in human rights in Eritrea have been identified in the last decade; 10,000 or more prisoners of conscience are still in detention and the violently enforced lifelong military service which prevails unreformed. Forced/slave labour have been used in all the government owned businesses including mining projects.

HRCE feels it important that country delegations and media are made fully aware of this issue, and advises that no further hearing should be given to any of Nevsun’s representatives pending a final court ruling on the human rights case.

▻http://hrc-eritrea.org/mining-company-on-trial-for-human-rights-abuses-appears-to-lobby-at-the

Nevsun lawsuit (re Bisha mine, Eritrea)

In November 2014, three Eritreans filed a lawsuit against Nevsun Resources in Vancouver, British Columbia, Canada. They allege the company was complicit in the use of forced labour by Nevsun’s local sub-contractor, Segen Construction (owned by Eritrea’s ruling party), at the Bisha mine in Eritrea. Nevsun, headquartered in Vancouver, has denied the allegations. This lawsuit is the first in Canada where claims are based directly on violations of international law.

The plaintiffs, Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle, claim that they worked at the Bisha mine against their will and were subject to “cruel, inhuman and degrading treatment”. They allege that they were forced to work long hours and lived in constant fear of threats of torture and intimidation. Nevsun has rejected the allegations as “unfounded” and declared that “the Bisha Mine has adhered at all times to international standards of governance, workplace conditions, and health and safety”.

In October 2016, the Supreme Court of British Colombia rejected Nevsun’s motion to dismiss the lawsuit and ruled that the case should proceed in British Colombia as there were doubts that the plaintiffs would get a fair trial in Eritrea. Nevsun appealed the decision.

In November 2017, the British Columbia Court of Appeal rejected Nevsun’s appeal to dismiss the suit, thereby allowing the case to proceed in Canadian courts. The court also allowed claims of crimes against humanity, slavery, forced labour, and torture to go forward against Nevsun. This decision marked the first time an appellate court in Canada permitted a mass tort claim for modern slavery.

On 19 January 2018, Nevsun filed an application with the Canadian Supreme Court asking for permission to appeal the British Columbia ruling. There is no fixed time for the Supreme Court to decide whether to grant or deny such applications.

– “Nevsun appeals to Canada Supreme Court in Eritreans’ forced labor lawsuit”, Reuters, 26 Jan 2018
– “Court allows Eritrean mine workers to sue Nevsun”, Nelson Bennett, Business in Vancouver, 6 Oct 2016
– [Video] “Nevsun in Eritrea: Dealing With a Dictator”, CBC Radio-Canada, 12 Feb 2016
– [FR] «Une minière canadienne nie des allégations de travail forcé en Érythrée », Radio-Canada, 23 novembre 2014
– “Nevsun Denies Accusations of Human-Rights Abuses at Eritrea Mine”, Michael Gunn & Firat Kayakiran, Bloomberg, 21 Nov 2014
– “Nevsun Resources faces lawsuit over ‘forced labour’ in Eritrea”, Jeff Gray, Globe and Mail (Canada), 20 Nov 2014

Canadian Centre for International Justice (CCIJ):

– “Vancouver court clears way for slave labour lawsuit against Canadian mining company to go to trial”, 6 Oct 2016
– “Eritreans file lawsuit against Canadian mining company for slave labour and crimes against humanity”, 20 Nov 2014
– [FR] « Des Érythréens intentent un recours contre une compagnie minière canadienne pour l’usage de main d’œuvre servile ainsi que pour des crimes contre l’humanité », 20 novembre 2014
– “Appeal court confirms slave labour lawsuit against Canadian mining company can go to trial”, 21 Nov 2017

Nevsun:
– “Nevsun Comments on B.C. Lawsuit”, 6 Oct 2016
– “Nevsun Comments on B.C. Lawsuit”, 21 Nov 2014

Camp Fiorante Matthews Mogerman [Counsel for the plaintiffs]
– “Plaintiffs’ Submissions on Forum Non Conveniens”, 17 Dec 2015
– “Plaintiffs’ Submissions on the Representative Proceeding”, 17 Dec 2015
– “Plaintiffs’ Submissions on Customary International Law”, 15 Dec 2015
– “Plaintiffs’ Submissions on the Act of State Doctrine”, 14 Dec 2015
– “Notice of Civil Claim”, 20 Nov 2014

Siskinds [Co-counsel for the plaintiffs]
– “Siskinds co-counsel in lawsuit against Nevsun Resources”, 20 Nov 2014

Fasken Martineau DuMoulin LLP [Counsel for the defendant]
– “Nevsun’s Chambers Brief on Customary International Law”, 1 Dec 2015
– “Nevsun’s Chambers Brief on Forum Non Conveniens”, 23 Nov 2015
– “Nevsun’s Chambers Brief on the Act of State Doctrine”, 23 Nov 2015
– “Nevsun’s Chambers Brief on the Representative Proceeding”, 23 Nov 2015
– “Nevsun’s Response to Civil Claim”, 13 Feb 2015

– Araya v. Nevsun Resources. Reasons for Judgment, Justice Abrioux, Supreme Court of British Columbia, 6 Oct 2016
– Araya, Gize v. Nevsun Resources Ltd.[payment required], Vancouver law courts, 20 Nov 2014.

– Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle v Nevsun Resources Ltd and Earth Rights International, Court of Appeal for British Columbia, 21 Nov 2017

https://www.business-humanrights.org/sites/default/files/images/Nevsun_mine_Bisha_credit_Nevsun_1.jpg

Quelques liens cités dans cet article :
▻https://www.business-humanrights.org/en/canadian-courts-review-series-of-claims-filed-against-canadian
▻https://www.business-humanrights.org/en/nevsun-denies-accusations-of-human-rights-abuses-at-eritrea-mi
▻https://www.business-humanrights.org/en/eritrean-refugees-file-claim-in-canada-against-nevsun-over-all
▻https://www.business-humanrights.org/en/nevsun-lawsuit-re-bisha-mine-eritrea#c168706
▻https://www.business-humanrights.org/en/vancouver-court-clears-way-for-slave-labour-lawsuit-against-ca
▻https://www.business-humanrights.org/en/eritrean-refugees-file-claim-in-canada-against-nevsun-over-all
▻https://www.business-humanrights.org/fr/des-erythr%C3%A9ens-intentent-un-proc%C3%A8s-contre-nevsun-au-

Nevsun in Eritrea: Dealing With a Dictator

When a small Vancouver mining company struck gold in a remote corner of Africa, it started with so much promise. In remote Eritrea, Nevsun built a mine that was generating $700 million in profits in its first four years of operation. But it was also generating a lot of controversy – because Nevsun was partnered with a brutal dictatorship that runs the country and controls 40% of the mine. That has led to allegations by the UN and Human Rights Watch that the regime has used conscripted military labour in the mine. The Eritrea government has also been accused of funnelling arms to the terrorist group al-Shabaab. Nevsun denies the allegations of human rights abuses and insists it is a “template for responsible international business.” What is the price of doing business with a dictator? Mark Kelley investigates.

The Eritrea regime has a 40 per cent stake in the mine and is accused of crimes against humanity by the U.N.
Nevsun Resources Ltd. is facing a lawsuit in B.C.’s Supreme Court
The allegations filed by three former Eritrean conscripts in B.C.’s Supreme Court accuse Nevsun Resources of being “an accomplice to the use of forced labour, crimes against humanity and other human rights abuses at the Bisha mine”

▻http://www.cbc.ca/fifth/episodes/2014-2015/nevsun-in-eritrea-dealing-with-a-dictator

Appeal court confirms slave labour lawsuit against Canadian mining company can go to trial

British Columbia’s highest court today rejected an appeal by Vancouver-based Nevsun Resources Limited (TSX: NSU / NYSE MKT: NSU) that sought to dismiss a lawsuit brought by Eritreans who allege they were forced to work at Nevsun’s Bisha Mine.

The ruling by the British Columbia Court of Appeal marks the first time that an appellate court in Canada has permitted a mass tort claim for modern slavery.

The court rejected Nevsun’s position that the case should be dismissed in Canada and instead heard in Eritrea. Madam Justice Mary Newbury described the situation in Eritrea as one with “the prospects of no trial at all, or a trial in an Eritrean court, possibly presided over by a functionary with no real independence from the state … and in a legal system that would appear to be actuated largely by the wishes of the President and his military supporters…”

The court also allowed claims of crimes against humanity, slavery, forced labour, and torture to go forward against Nevsun. It is the first time that a Canadian appellate court has recognized that a corporation can be taken to trial for alleged violations of international law norms related to human rights.

The lawsuit, filed in November 2014, alleges that Nevsun engaged Eritrean state-run contractors and the Eritrean military to build the mine’s facilities and that the companies and military deployed forced labour under abhorrent conditions.

“We are very pleased that the case will move to trial,” said Joe Fiorante, Q.C., of Camp Fiorante Matthews Mogerman LLP, lead counsel for the plaintiffs. “There will now be a reckoning in a Canadian court of law in which Nevsun will have to answer to the allegations that it was complicit in forced labour and grave human rights abuses at the Bisha mine.”

Since the initial filing by three Eritrean men, which was the matter reviewed by the Court of Appeal, an additional 51 people have come forward to assert claims against Nevsun.

“I am overjoyed that a Canadian court will hear our claims,” said plaintiff Gize Araya. “Since starting the case, we have always hoped Canada would provide justice for what we suffered at the mine.”

The court also rejected Nevsun’s argument that the company should be immune from suit because the case might touch on actions of the Eritrean government, including allegations of severe human rights violations. Justice Newbury, looking to a recent UK case on the issue, wrote that “torture (and I would add, forced labour and slavery) is ‘contrary to both peremptory norms of international law and a fundamental value of domestic law.’”

This latest ruling by the B.C. Court of Appeal follows one earlier this year permitting a case to go forward against Tahoe Resources for injuries suffered by protestors in Guatemala who were shot outside the company’s mine.

“The Nevsun and Tahoe cases show that Canadian courts can properly exercise jurisdiction over Canadian companies with overseas operations,” said Amanda Ghahremani, Legal Director of the Canadian Centre for International Justice. “When there is a real risk of injustice for claimants in a foreign legal system, their cases should proceed here.”

The plaintiffs are supported in Canada by a legal team comprised of Vancouver law firm Camp Fiorante Matthews Mogerman LLP (CFM); Ontario law firm Siskinds LLP [Nick Baker]; Toronto lawyer James Yap; and the Canadian Centre for International Justice (CCIJ). This victory would not have been possible without the support of Human Rights Concern Eritrea and the tireless efforts of Elsa Chyrum.

▻https://www.ccij.ca/news/press-release-nevsun-case

Nevsun Comments on B.C. Lawsuit

Nevsun Resources Ltd...advises that the British Columbia Supreme Court has refused to permit a claim against Nevsun to proceed as a common law class action. The court did permit the lawsuit by the three named plaintiffs to continue. Today’s court decision addresses only preliminary legal challenges to the action raised by Nevsun. The judgment makes no findings with respect to the plaintiffs’ allegations, including whether any of them were in fact at the Bisha Mine. The judge also emphasized that the case raises novel and complex legal questions, including on international law, which have never before been considered in Canada. Nevsun is studying the court’s decision and considering an appeal of the decision that the action can proceed at all. Nevsun remains confident that its indirect 60%-owned Eritrean subsidiary, Bisha Mining Share Company (“BMSC”) operates the Bisha Mine according to international standards of governance, workplace conditions, health, safety and human rights...BMSC is committed to managing the Bisha Mine in a safe and responsible manner that respects the interests of local communities, workers, stakeholders and the natural environment.

▻https://www.business-humanrights.org/en/nevsun-comments-on-bc-lawsuit-0

https://i.imgur.com/kHrVSM7.png

“In November 2014, three Eritreans filed a lawsuit against Nevsun Resources in Vancouver, British Columbia, Canada. They allege the company was complicit in the use of forced labour by Nevsun’s local sub-contractor, Segen Construction (owned by Eritrea’s ruling party)...”
"... at the Bisha mine in Eritrea. Nevsun, headquartered in Vancouver, has denied the allegations. The plaintiffs ... claim that they worked against their will and were subject to “cruel, inhuman and degrading treatment”.

▻https://twitter.com/eduyesolomon/status/1232726864193556480

La #BNS investit dans une firme mêlée à un scandale de travailleurs forcés
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