It is the first time the Canadian gold giant has faced legal action in its home country for alleged abuses abroad, but it has faced prior allegations in the UK in 2020. The claimants were assisted by two non-profit organizations, RAID and Miningwatch Canada, and were represented by British law firm Hugh James.
In the statement, Barrick said it understood that the Leigh Day law firm, in conjunction with corporate watchdog RAID, has brought or intends to bring a claim in the UK against the London Bullion Market Association in connection with the alleged killings of two individuals in the vicinity of the North Mara gold mine in Tanzania by police acting on its behalf. Barrick said it is not a party to these proceedings.
Barrick chief executive Mark Bristow said the group was proud of its human rights record around the world and of North Mara’s strong working relationship with the communities around the mine.
Many of the mine’s employees have been drawn from the surrounding villages and in line with Barrick’s other operations, Barrick said, adding that North Mara prioritises local employment and procurement.
“While the vast majority of local residents are law-abiding, there are rogue bands, armed and well-organised, who from time to time invade North Mara to steal gold-bearing rock, presenting a serious risk to the safety of mine personnel and community members in the process,” Bristow said.
“As recently as last month, North Mara was attacked by an armed force of almost 100 men. Despite the police’s attempts to repel them, 71 managed to scale the site’s 9-metre-high perimeter wall and engaged with the mine’s unarmed security personnel,” Bristow said.
“The police eventually removed them but one of the invaders suffered fatal injuries. Two of the policemen were also injured. This was far from being a once-off occurrence. North Mara lives with the constant threat of such invasions.”
Bristow said Barrick had made it clear that North Mara’s security personnel are unarmed and that the mine does not supervise, direct, control or instruct any mission, assignment or function of the Tanzanian police force, which is a state institution.
RAID’s involvement called into question
Bristow said Barrick was troubled by RAID’s involvement in the litigation and claimed the organisation had a long history of making unfounded allegations about purported human rights abuses at North Mara.
Barrick was also concerned that vulnerable members of the local communities could be persuaded to make legally meritless claims outside their country in the hope of obtaining compensation.
“RAID does not have a presence in Tanzania and has shown no inclination to visit the mine, despite the personal invitations I have extended to them, most recently in July this year,” Bristow said.
Last month a planned visit was cancelled 48 hours before RAID was expected on site, Barrick noted, adding that it remains willing to host such a visit so that RAID can raise their concerns with the mine’s management, the police, local administrators and community leaders.
“It is worth noting that in a recent meeting we had with the leaders of the eleven villages around North Mara, they said they had no knowledge of RAID or the work it purports to do in their communities, and rejected the organisation[‘s] allegations as baseless,” Bristow said.
