ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS IN THE MINING INDUSTRY - TANZANIA. 2017-2018
This project focuses on the North Mara goldmine in Tanzanian, and sees students working to assist DPG and their clients, the NGOs MiningWatch (Canada) and Rights and Accountability In Development (UK). They are working closely with the Legal and Human Rights Centre in Dar es Salaam, Tanzania.
The mine is wholly owned by Acacia Mining, which in turn is a subsidiary of Barrick Gold. Acacia is a Canadian company, listed on the London Stock Exchange and also partially on the Dar es Salaam Stock Exchange. Over the past 10 years the mine has witness multiple human rights abuses and environmental issues. In particular it is claimed that state police, invited on to the mine by the owners, have been involved in significant violations.
Students in the Global Justice Clinic assist DPG in assessing the legal issues involved with this abuses, and examine the suitability and effectiveness of Acacia’s own monitoring and grievance systems. The cases raises potential litigation in tort, as well as possible constitutional and human rights violations of mine employees. Students have examine questions of jurisdiction and applicable law should litigation be taken in the British courts. They have also explored the relevant substantive principles of Tanzanian law: vicarious liability, occupiers liability, intentional torts, negligence and so on.
A separate student team has work on the mine’s grievance system, evaluating this with reference to the UN Principles on Business and Human Rights (the ‘Ruggie Principles’), considering their implementation in corporate practice and their interaction with Tanzanian law in upholding civil and social rights.
To summarise, the aim of this project is initially to produce a series of research reports into the relevant legal precedents, legislative principles and international protection instruments, which can then be compiled into a fully-referenced digest. This digest will then hopefully provide Deighton Pierce Glynn with a resource on which they can rely on to help their clients in building cases.
This film was first shown at the United Nations Forum on Business and Human Rights, in Geneva in November 2016. The North Mara Gold Mine is operated by Acacia Mining PLC, a British company whose largest shareholder is Barrick Gold Corporation.