Slavery Lawsuit Against Vancouver-Based Mining Company Nevsun Moves Forward

The Supreme Court of Canada rejected efforts by Nevsun Resources Ltd. to dismiss a lawsuit accusing the company of slavery and forced labor at the Bisha Mine in Eritrea, bringing the case one step closer to trial.

A group of Eritrean refugees filed the Nevsun slavery lawsuit in November 2014, accusing the Vancouver-based mining company of developing a gold, copper and zinc mine in partnership with the Eritrea government.

Under this partnership, Nevsun allegedly engaged the Eritrean military and state-run contractors to build the facilities, which subsequently deployed forced labor.

According to the Nevsun slavery lawsuit the plaintiffs claim they were forced to work at the Bisha Mine, which holds gold, copper and zinc, under threats of torture. In some cases they were allegedly forced to work in exposed sunlight when temperatures approached 50 degrees celsius.

According to the Nevsun slavery lawsuit, the plaintiffs had each spent more than 10 years in forced military labor. They claim they were forced to work 12 hours a day for six or seven days a week at the mine.

The plaintiffs reportedly escaped in 2011.

Nevsun fought to have the slavery lawsuit dismissed, arguing that holding a trial in Canada over its alleged human rights violation would be an intrusion on the Eritrean regime’s soverignty.

The Supreme Court was unpersuaded by this argument and for the first time, it recognized that a Canadian company may potentially be held liable for violating international human rights laws.

“This appeal involves the application of modern international human rights law, the phoenix that rose from the ashes of World War II and declared global war on human rights abuses,” Abella J. wrote.

“Its mandate was to prevent breaches of internationally accepted norms. Those norms were not meant to be theoretical aspirations or legal luxuries, but moral imperatives and legal necessities. Conduct that undermined the norms was to be identified and addressed.”

The trial against Nevsun will reportedly involve claims of slavery, forced labour and crimes against humanity.

Nevsun has vigorously defended itself against the slavery lawsuit and previously argued unsuccessfully that Eritrea courts were a more appropriate venue for the case. A judge rejected this argument after finding that moving the case to Eritrea, given the evidence of human rights abuses there, may result in “no trial at all.”

Nevsun denies the allegations and argues that the Eritrean military never provided workers to work in the Bisha Mine.

“The Court recognized for the first time that a Canadian corporation may be held liable for violations of international law that protect human rights,” the plaintiffs’ attorneys said in response to the Supreme Court’s ruling allowing the case to proceed to trial.

Eritrea, located in the Horn of Africa, is a dictatorship led by President Isaias Afwerki. He has governed the country since it was established as an independent country in 1993.

In Eritrea, military service is compulsory for all citizens once they turn 18. Although the service requirement is only 18 months, it can reportedly be extended indefinitely.

The United Nations and Amnesty International have accused the African country of crimes against humanity. Eritrea’s government denies the allegations.

What do you think about to Nevsun slavery lawsuit? Tell us your thoughts in the comment section below! 

The plaintiffs are represented by Camp Fiorante Matthews Mogerman LLP, Siskinds LLP, and a group of independent lawyers who are experts in international law and human rights law.

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