In October 2004, over 100 innocent civilians were killed by the Congolese Armed Forces in the town of Kilwa, Democratic Republic of Congo (DRC) during a military counter-offensive to suppress a small-scale rebellion.
In June 2006, the Australian Broadcast Corporation’s current affairs programme, Four Corners, exposed Anvil Mining’s role in the incident. Soon thereafter, Anvil confirmed that it provided “logistical assistance” to the Congolese Armed Forces, but claimed that its vehicles were “requisitioned” and that it effectively had no choice but to comply.
Relevant OECD Guidelines
In June 2005, Anvil issued a press release denying the accusations in the complaint.
Officials with Canada’s Ministry of Foreign Affairs, the Canadian NCP, NGOs and Anvil mining representatives met in August 2005.
In May, 2006, the Canadian NCP rejected the Anvil case stating it is unable to play a facilitative role in resolving the problems raised. The NCP also stated it is not able to carry out investigations of the type requested by the complainants.
The Kilwa incident has led to several investigations. In December 2006, military court proceedings began against three former Anvil employees and nine military personnel.As of May 2007, an Australian Federal Police investigation into whether there is evidence of Anvil’s complicity in the commission of crimes against humanity or war crimes under Chapter 8 of the Australian Criminal Code Act of 1995 was ongoing. The World Bank’s Compliance Advisor Ombudsman conducted an audit of the Multilateral Investment Guarantee Agency’s guarantee for Anvil’s Dikulushi copper/silver project.