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Anvil Mining Limited and the Kilwa Incident

RAID has focused attention on the use made by the Congolese military of Anvil Mining Limited's logistic and personnel in a counter-offensive to crush insurgents in the town of Kilwa in October 2004. Kilwa is located in the Katanga Province, 50 kms from Anvil's Dikulushi copper/silver mine.

On 17 July 2007, RAID and Global Witness with two Congolese NGOS published a report, The Kilwa Trial: a denial of justice, which presents a detailed chronology of events from October 2004 to June 2007. The report shows how the proceedings were plagued with obstructions and political interference and documents serious flaws and irregularities in the trial of nine Congolese soldiers for war crimes and three employees of Anvil Mining for complicity in war crimes committed in Kilwa. The trial, which lasted six months, was held before a military court. It ended on 28 June 2007 with the acquittal of all the defendants on war crimes charges in relation to events in Kilwa.

The full report is available in English and French. See also RAID's Kilwa Trial Chronicle.


On 6 June 2005, Australia's flagship current affairs programme, Four Corners, broadcasted a report on the Kilwa incident. Click to visit Four Corners' web site on the Kilwa incident.

NGOs in Australia, Canada, and the US joined with RAID and Congolese NGOs in calling on governments to investigate the Kilwa incident. The Australian Federal Police conducted an investigation into whether there is evidence of complicity by Anvil in human rights abuses.

Anvil denies that it had knowledge of, or provided assistance to, the Congolese army in the committing of any human rights violations.


26 Mar 2012

RAID and others: "Congolese victims' pursuit of justice against Canadian Company goes to Supreme Court"

Press release (English)

(français)

Related documents

Plaintiff's Motion for a Class Action (unofficial English translation by RAID)

Superior Court judgement in favour of the victims (unofficial English translation by RAID)

Court of Appeal judgement (unofficial English translation by CCIJ)


30 May 2008

RAID and Global Witness: "The Kilwa Appeal - A Travesty of Justice"

Press release

7 Apr 2008

RAID and others: "Human Rights defenders prevented from meeting victims of the Kilwa massacre"

Press release (English)

(français)


21 Dec 2007

RAID and Global Witness: "Military court of appeal succumbs to political interference in Kilwa trial"

Press release

5 Dec 2007

RAID, ACIDH and ASADHO: "Kilwa appeal should take place in Kinshasa to reduce the risk of political interference"

Press release (English)

(français)


18 Oct 2007

RAID and Global Witness: "Three Years On – Still No Justice for the Victims of the Kilwa Massacre: Fears of political interference in appeal hearing"

Press release (English)

(français)


17 Jul 2007

RAID: "Victims of Kilwa Massacre Denied Justice by Congolese Military Court"

"Les victimes du massacre de Kilwa privès de justice par une cour militaire congolaise"

Related document

Kilwa Trial: a denial of justice
A Chronology, October 2004–July 2007

Le Procès de Kilwa : un déni de justice
Chronologie, octobre 2004–juillet 2007

Press release (English)

(français)


2 Jul 2007

RAID: "Military Court Delivers a Not Guilty Verdict in Kilwa Trial"

Press release (English)

(français)

Related document

UN Press Release


28 Jun 2007 UN: "High Commissioner for Human Rights Concerned at Kilwa Military Trial in the Democratic Republic of the Congo" Press release

Related links

Radio Okapi
Bloomberg


12 Mar 2007 RAID and others: "Human Rights Groups Denounce Obstruction of Justice Following Transfer of Kilwa Trial's Military Prosecutor" Press release

3 Jan 2007 Legal Update on Kilwa trial: the Court adjourned the hearing until 18 January 2007 in order to consider its response to the objections raised by the lawyers representing the accused, Pierre Mercier, as to whether he was duly notified

Legal Update No. 2
(English)

(français)

Related page


15 Dec 2006 Legal update on Kilwa trial: court calls for an adjournment before giving its view on objections raised by the lawyers representing Anvil Mining and its three ex employees; next hearing set for 27 December 2006

Legal Update No. 1
(English)

(français)


14 Dec 2006 RAID publishes its Kilwa trial chronicle. Web link

12 Dec 2006 RAID: "Trial begins for Congolese military and Anvil Mining ex employees accused of crimes related to the October 2004 Kilwa massacre" Press release

26 Oct 2006 RAID and others: "Military Prosecutor in Kilwa Trial Recalled to Kinshasa: Political Pressure Intensifies After Former Anvil Mining Staff and Congolese Military Charged with Commission of or Complicity in War Crimes"

Urgent appeal (English)

(français)


15 Oct 2006 RAID: "Congolese Military Judge Calls for the Prosecution of Former Anvil Mining Staff for Complicity in War Crimes"

Press release (pdf)

(web link)

Related document

Background brief


19 Apr 2006 MIGA's response to RAID's letter of 11 April responding to the World Bank's Compliance Advisor Ombudsman's audit of Anvil Mining's Dikulushi project in the DR Congo Letter

11 Apr 2006 RAID's letter to World Bank President Wolfowitz, responding to the Compliance Advisor Ombudsman's audit of MIGA's due diligence for Anvil Mining's Dikulushi project Letter

3 Feb 2006 RAID and others: "World Bank Insurance Arm Fails to Protect Local Communities, Audit Finds: Bank's compliance office reveals due diligence failures in DR Congo mining project" Press release

2 Feb 2006 World Bank Compliance Advisor Ombudsman Releases Audit on MIGA's Due Diligence Web link

31 Jan 2006 RAID amd BIC: "World Bank Buries Internal Report on Controversial Congo Mining Project" Press release

6 Dec 2005

RAID: letter to World Bank President Wolfowitz, requesting the release of the CAO's audit concerning MIGA's due diligence for Anvil Mining's Dikulushi copper mine in DR Congo

Related Document

Letter

8 Nov 2005 RAID and others: "Anvil Mining Limited and the Kilwa Incident: Unanswered Questions" Report

Sep
2005
MONUC (UN mission to DR Congo): "Report on the conclusions of a special investigation into alleged summary executions and other human rights violations committed by the Congolese Armed Forces (FARDC) in Kilwa (Province of Katanga) on 15 October 2004"

Report (English translation by RAID)

(français)


25 Oct
2005

RAID and ACIDH: Joint Report on Kilwa: a year after the massacre of October 2004

Rapport conjoint sur Kilwa : une année après le massacre d'octobre 2004

Report (English)

(français)

Related document

Anvil letter to Business & Human Rights Resource Centre concerning RAID


13 Oct 2005

RAID's response to US States Council for International Business concerning the UN Norms for Business & Human Rights

Related document

Letter

5 Oct 2005 RAID's response to Anvil Mining's Report on the Visit by NGOs to the Dikulushi Mine, DRC Paper

Jul–Aug 2005 RAID's letters to business groups regarding
  • the Kilwa incident
  • threats to Congolese NGOs
  • lessons for the OECD Investment Committee's work to develop guidance for companies operating in weak governance zones

Business & Industry Advisory Committee to the OECD

Australian Mines & Mineral Association

Australian Chamber of Commerce

Canadian Chamber of Commerce

United States Council for International Business

 

  •  
  •  
  •  


Letter

Letter

Letter

Letter

Letter


22 Jul 2005 RAID's open letter to Bill Turner, President of Anvil Mining concerning threats against Congolese NGOs Letter

8 Jul
2005
RAID and others: letter to World Bank President Paul Wolfowitz, requesting a CAO audit of MIGA's due diligence for Anvil Mining's Dikulushi copper mine in DR Congo Letter

6 Jun 2005 RAID and others: "Anvil Mining's Complicity in Congolese Massacre Exposed by Australia's Flagship Current Affairs Program; Groups call on World Bank to withdraw support for the Dikulushi copper/silver mine" Press release

6 Jun 2005

Four Corner's transcript: "The Kilwa Incident". Click to visit the Four Corners' web site on the Kilwa incident.

Transcript

25 Aug 2004

RAID and others: Letter to MIGA's Board of Directors regarding NGOs' concerns with MIGA's due diligence for the Dikulushi project

Letter

Related documents:

Attachment: "Concerns and Questions Regarding the Dikulushi Project in in the DRC"

Attachment: Letter from Congolese NGOs

 

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