“This
case is now in Canada because Anvil is a Canadian company, and must be held
accountable for any role it
played in what were clear and egregious violations of human rights,” said Matt
Eisenbrandt, Legal Coordinator of the Canadian Centre for International Justice.

“Every
day is a struggle to survive and we feel abandoned,” said one of the group
members, Dickay Kunda, whose father was badly beaten and tortured while in
military custody. Though released after six months, his father died in November 2009. “We
have no option but to turn to the international community for
justice.”

The
group, the Canadian Association against Impunity, alleges
that in October 2004 Anvil
provided trucks, drivers, and other logistical support to the Congolese military
to help them counter an attempt by a small group of rebels to take over the town
of Kilwa, a key port for Anvil’s operations. In the course of this operation,
serious human rights violations were reportedly perpetrated against the civilian
population by the military. Anvil’s vehicles transported Congolese soldiers, as
well as civilians who were allegedly taken outside the town and executed by the
military. The group also alleges that Anvil allowed soldiers to use planes
leased by the company to reach Kilwa from Lubumbashi, the capital of Katanga
province.

“Anvil’s
material support enabled the Congolese army to reach the remote town of Kilwa at
top speed – where they then carried out widespread abuses against the civilian
population,” said Tricia Feeney, Director of UK-based Rights and Accountability
in Development (RAID). Anvil Mining has denied any allegations of wrongdoing and
asserts that its logistical support was requisitioned by the
authorities.

The
Canadian action follows a controversial military trial in the Congo. In 2006, a
Congolese military prosecutor indicted nine Congolese soldiers for war crimes,
and three expatriate former employees of Anvil for complicity in war crimes.
Following numerous irregularities, in June 2007 the military tribunal acquitted
all the defendants.

“It was
profoundly disappointing that the heavily-politicised trial in Congo failed to
deliver justice for the victims. We hope that this case will set a precedent and
send a clear message to corporations that they cannot enjoy impunity if they
take part in, or benefit from, violent crimes,” said Seema Joshi, Legal Advisor
at London-based Global Witness.

“We must
continue to fight against impunity. The victims’ families have never lost hope
of seeing justice being done,” said Emmanuel
Umpula Nkumba, Executive Director of ACIDH, a Congolese advocacy group that has
been supporting the victims.

A UN
report published in August cited the Anvil case as a prime example of how
justice is often not done in the Congo. Less than two weeks ago, the House of
Commons in Canada defeated legislation that would have created a mechanism for
individuals to complain about actions of Canadian companies
overseas.

“It has
been a long hard road to justice and we are not there yet”, said Georges
Kapiamba, Vice president of Congolese organisation ASADHO, and the main lawyer
working with the families of the Kilwa victims and survivors in the Congo. “We
sincerely hope the Canadian courts will give the victims the hearing they
deserve.”

The
claimants are represented by the Montreal law firm Trudel and Johnston, which
specializes in class actions.

The
claim represents assertions that have not yet been proven in court. Anvil will
have the opportunity to respond in these proceedings.

For more
information, please contact:

 ·    
Matt Eisenbrandt, Canadian Centre for International Justice (CCIJ),
(English): +1 613 218 9909 (in Canada)

·    
Tricia Feeney, RAID, (French, English): +44 (0) 7796178447 (in
Canada) or

Samentha
Goethals, RAID, (French, English): +44 (0) 7733 362 459 (in the UK)

·    
Seema Joshi, Global Witness, (English): +44 (0) 7912517126 (in
Canada) or

Andie
Lambe, Global Witness, (English): +44 (0) 7809 616 545 (in the UK)

·    
Georges Kapiamba, ASADHO, (French): +243 814043641, +243 995404514
(in the DRC)

·    
Emmanuel Umpula Nkumba, ACIDH, (French): +243 997 025 331 (in the
DRC)

·    
Romain Mindomba, ASADHO (French) : +243 815 090 462 (in the
DRC)

Alfred
Lukhanda, ASADHO Montréal (French): +1 514 256 6324 (in Canada)