B.C. mining company seeks to stop Eritrean forced-labour lawsuit from being heard in Canada
TORONTO, Jan 26 (Reuters) – Nevsun Resources Ltd is appealing to Canada’s Supreme Court to throw out a lower court ruling which allowed Eritrean workers, who say they were forced to work at its mine, to have their lawsuit heard in
TORONTO, Jan 26 (Reuters) – Nevsun Resources Ltd is appealing to Canada’s Supreme Court to throw out a lower court ruling which allowed Eritrean workers, who say they were forced to work at its mine, to have their lawsuit heard in Canada.
Canada’s top court said on Friday that Nevsun filed an application on Jan. 19, seeking permission to appeal a British Columbia court ruling in November, which confirmed the case could proceed in the western Canadian province.
The Supreme Court can grant or deny such applications and there is no fixed time for a decision.
Nevsun confirmed its appeal, but said it would not otherwise comment.
In the application, Nevsun said that it was inappropriate for a British Columbia judge the legality of a sovereign state’s conduct, calling it an issue of national importance for Canada.
Nevsun said the B.C. ruling was “out of step” with international consensus and common law courts that do not recognize damage claims based on breaches of international law.
A Supreme Court ruling could shield Nevsun from similar actions by 59 other Eritrean nationals, it said, and avoid the case devolving into a “complicated, difficult and expensive inquiry into the lawfulness of the acts of the State of Eritrea within its own territory.”
Nevsun previously argued the case should be dismissed and any lawsuit should be heard in Eritrea, not Canada.
The case is closely watched by Canadian miners operating abroad because its outcome could increase litigation risk.
Canadian courts have agreed to hear lawsuits against Tahoe Resources by Guatemalans who say they were shot by the miner’s security and against HudBay Minerals by Guatemalans who say they were gang raped and shot by security forces.
If Nevsun loses at trial, the Vancouver-based company could potentially be forced to pay compensation for “severe physical and mental pain and suffering.”
In affidavits, six men, who have since left Eritrea, said they were forced to work at Nevsun’s Bisha from 2008 to 2012, enduring harsh conditions, including hunger, illness and physical punishment at the hands of military commanders.
They said they were conscripts in a national service system, working not for Nevsun directly but for government-owned construction firms subcontracted to build the mine.
Nevsun says its mine is a model development. In legal filings, it said the Eritrean military never provided labor to the mine. Even if it did, Nevsun argues it was not directly responsible for employing the workers.
Reuters
Kampala January 27, 2018
The South Africans use their Gold & other minerals to benefit and develop their people, but not Eritrea!
The Eritrean regime use Bisha’s gold to build more prisons in Eritrea and to train more terrorists & suppress Eritreans.
amanuel January 27, 2018
Hmmm. Trial in eritrea by the government that enslaved them. That is a good argument. If nevsun has clean hands why afraid of the competent and independent courts in canada? We will witness a lot if we live longer. File your case against crime with the criminal and get justice from the criminal, ding!
k.tewolde January 27, 2018
Fact is there is no money in the world that could compensate the broken lives,shattered dreams,stolen childhood and utter humiliation the Eritrean people are enduring under HGDEF and their collaborators.It is a nation for the handful who treat it as a cheap commodity to change hands over and over for outside bargain hunters.You just can’t put a price tag for this devastating colossal loss of humanity.dignity and desecration of national identity.The Eritrea I knew and fought for is irretrievably gone.
rezen January 27, 2018
Dear k. tewolde
Bless Your Heat. I am touched by each and every single word of your 86-word of heart felt narration. I have no word to express how I feel while I am clicking these words with deep emotion [you know what I mean]. Reading the last sentence is a shattering blow. It is a classical TRAGEDY.. But we have to — WE MUST — keep on going, with chin-up as the saying goes. In other words — again, as the saying goes — our tragedy becomes our kinetic energy to give us the necessary inner strength to forge ahead. Because,FAILURE is a commodity free of charge that no body can take away from us.
Please read .my commentary [ especially the last paragon ] on the Article entitled “Eritreans demonstrate outside Rwandan Embassy against deportations”
Respectfully, rezen
k.tewolde January 28, 2018
I always read you rezen,I think this medium connected us in a profound way that Eritreans like you and other gifted citizens give me hope that there is indeed a chance to pick up the pieces and heal this wounded nation one more time.Thanks Assenna for providing and maintaining the platform,and I thank you rezen for your superb contribution,keep the home lights burning.
sami January 28, 2018
rezen or fekos,
You are bloody too weak and a small man with no principle or self respect.
Why do you have to praise and complement every lousy and crap comments of the criminal evil Islamic ELF murderers whore mouth’s diKhala called Kheliffa bin teKebre al Tahrir shitty Jebha??
You must be a weirdo foreigner or a loner/friendless fake show man posing as an Eritrean!
Be a man for a change and just express your true views without praising ELF’s criminal murderers. We are aware that the evil ELF’s riffraffat corrupted murderers are trying hard “unashamedly” to take over poor assenna but over our dead bodies – they’ll never ever succeed.
k.tewolde January 28, 2018
‘ We are aware that the evil ELF’s riffraffat corrupted murderers are trying hard “unashamedly” to take over poor assenna but over our dead bodies’…….who are ‘we’?what are you dying for, a website domain? aren’t there other worth causes to die for,you forgot? or you prefer cyber war?..Don’t worry gladiator we ain’t taking over anything,just commenting on issues,it can be deleted with a stroke on a keypad or left alone,don’t sweat it,however there is a real estate you left behind being sold and auctioned of to the ones you loath,would you volunteer to fight for it,you seem to be pumped up? That’s what I thought.
sami January 28, 2018
You thought wrong garbage evil murderous Islamic ELF mendef whore mouth. you are just like another damaged beyond repair two footed slave dog/Abeed commodity that can be bought and sold to the highest bidder that is of course to your barbarian Arab slave masters.
Indeed, as long as you lot remain crippled wheel chaired beggars and welfare dependent crooks for life, you won’t be able to take over or buy the genuine Eritreans voice assenna in your wildest criminal dreams/hatefmetefs. How did the great and brave EPLFs & TPLFs miss you, they should’ve burned you alive you chicken hadami wahid.
Danilo January 28, 2018
Sami, here you are again shamelessly true ዓቢድ in your country for the sake of one person ህግደፍ መንደፍ and ወያንየ ። it is weird blaming ELF now in deposit aren’t you aware that EPLF / TPLF are already in depot? Man wake up! besides, abeedizim were does exist? Isn’t in your door steps? As nile river flows to ward Arabs, you went to them not they came to you. so, instead blaming Arabs blame you self.
sami January 28, 2018
Signor Danilo Scarico al Kondaf rootless nomad wahid, I thought you’r changing your Italiano slave pig pen name to your original evil Islamic Arab slave dog ‘PH’. Stick to your old like your negis Mohammed PH – peadophille hammed/hamid.
Now, I know you inherit your sheer ignorance and savagery from your camels, goats, Italian pigs and the savage criminal murderous ELF mendef. Btw, are you still making love to your stinking goats, camels and Italiano pigs, Danilo bello???
Just keep providing an unlimited supply of 5 times daily washed, polished backside to your savage barbarian moslem Arab slave masters as prescribed to you by your monster slave trader negis father Mohammed who is still controlling you from his grave yard by his evil master remote control. Go to your evil Islam hell ignorant kondaf nomad aslamay and don’t waste our valuable times.
amanuel January 28, 2018
K.tewelde
P/s ignore a shady person who has no point to communicate and worse who has no selfrespect. Ateababya zibedelo seb kiere/kierem aykieln eyu. He can be either of the two. 1. Agazianist (i call them confused, identity crisis sufferers) or hgdef gahaf. He is not even a proponent of unity with ethiopia which even if not widely supported can be considered a wise idea worth of championing. Other than that he can also be a sufferer of some kind of mental problems. In any case ignoring such individuals is the best. “Husur bmeten natu yehsireka” eyu, shelel azizelu. I hate shabya myself as much as i hated dergi, b/s i do not see any difference b/n them. If i have to choose one of them i would choose dergi though others may disagree.
Asmara Eritrea January 27, 2018
On 18 January 2018, Canada created a Watchdog to oversee its companies’ conduct abroad (to be named the Canadian Ombudsperson for Responsible Enterprise) – apparently the first of its kind in the world. The body, which will target the mining sector will have the power to recommend sanctions against transgressors, including withdrawing Export Development Canada and financial support.
Given the Canadian Authorities are strengthening their legislation and governance arrangements for mining companies operating overseas, one fails to see how the latest attempt by Nevsun will get the Supreme Court to override the previous ruling by two courts for the case to be heard in Canada rather than Eritrea. .
My personal experience of Nevsun Executives is such that they are people unable to see beyond their noses, hence incapable of reading the writing on the wall. I believe this lawsuit is the beginning of the end of Nevsun’s operation in Eritrea, with a Chinese buyer currently hovering above the Company’s head. This scenario explains, at least in part, why Nevsun has devoted huge amount of resources and efforts in its Timok Gold-copper Project in Serbia over the last 12 months (since the appointment of the new CEO).
Eritrea forever, death to dictatorship.
Massawa January 28, 2018
Read Al Jazeera today, to see how the Arabs treat Eritrean Christians. Eritreans have become the most abused and the lowest form of human being all the way from Eritrea and in the Arab Passage: are Eritreans “Arabic” people? Ask Jebha leaders?
“At night, it used to be worse. The guards would get high on drugs and resort to beating, abuse and torture.
There is no proper registration process for the tens of thousands of refugees arriving in Libya [Courtesy: Sami]
Women and children were kept separate from the men. Many girls and women were raped and had children as a result of it. Our buildings were close to each other so we would hear their screams and cries.
I stayed in detention for nine months. Once my mother secured the money, they let me go.
Upon my release, I boarded a truck with others on the way to the sea. We were stopped by another vehicle after armed men started shooting at our truck.
Our Libyan driver escaped and the men asked us who we were and where we were going. They took us and said we had to pay for our freedom if we wanted to be allowed to go to the sea and travel to Europe.
Sold and resold
They asked us for money in exchange for freedom. When they inquired about my religion I lied to them that I was a Muslim, hoping they would treat me better.
I was lucky because they asked me for less money, which I was able to secure eventually.
I spent two months there, in a town called Az Zawiya.
There were women and children in the same container as the men, children as young as two years, and there were infants born as a result of rape by the Libyan captors.
Sami, 18-year-old Eritrean refugee
“We were held in an apartment building complex from where we were not allowed to go out. After paying the ransom, they took me from Az Zawiya to the sea. But we were stopped by Libyan coast guards, who took us to Tripoli.
In Tripoli, they demanded 1,000 euros ($1,225) in order for a person to be released.
Then the coast guards sold us to an Eritrean smuggler who goes by the name Walid. He is notorious and runs a smuggling network with Libyans and others. His real name is Tawalde but the Libyans call him Walid. He is responsible for the torture and killing of many. …”
Almaz January 28, 2018
Tekhlay,
Wedi Medhin Berad the predator is the only one responsible for all these tremendous sufferrings of Eritreans..
ራህዋ January 28, 2018
Some of Latine words that ends in ‘gna’ = ኛ in the same fashon as Tigrigna ትግርኛ
– Bologna ቦለኛ——“ፌስቲቫል ቦለኛ!”
– Lasagna ላዛኛ
– Vicugna ቪኩኛ
– Campagna ካምፓኛ
– Interregna ኢንተረኛ
– Signa ሲኛ
– Regna ሬኛ
Almaz January 28, 2018
The predator of Asmara is the only one responsible for all these tremendous sufferings of Eritreans.
Danilo January 28, 2018
Sami ስሚ ! I can be who I want to be but not ethiopian never ever. even as Italian pig or Arab goat i have dignity. This two Italians and Arabs kill me on the name of God / Allah but you will be killed one day as a looser on the name of isayas.
rezen January 29, 2018
A commentator by the name of “Betrihaki” posed the following question/answer as a conclusion of her/his commentary (1): Quote:“Who is going to redeem Eritrea from its unfortunate predicaments? Your guess is as good as mine.” Unquote
Now, let me say the obvious: The custodians of Eritrea are the Eritrean People themselves. Therefore, it follows, the salvation of Eritrea must be the common concern of ALL ERITREANS, without exception. Taking that ‘truism’ as a base, there shouldn’t be an obstacle for Eritreans, of all walks of Life, as a single entity, to get together and formulate a way to arrive at the SAME GOAL i.e. the saving of ONE Eritrea.
If the above is a true reflection (a semblance, at the very least) of Eritrean reality, why is it difficult for us to get together and formulate a single common entity? Another question: why do we even have over eighty (80) so-called opposition parties, presumably all working for the same GOAL i.e. to have ONE, and ONLY ONE, Eritrea? It is a bizarre situation.
On the other hand, the horror of all horrors, if we suspect that there are insidious underground “entities” of different agenda and objectives, then we are better off to give-up and save Human Life. If that is the insidious horrible nature of Eritrea, then Dictatorial Government is the only option for a SINGLE Eritrea i.e. slavery under a firm Dictatorship, which we already have, at colossal expense.
But, and this is a big BUT, if we are forced to question the validity and the sacrifice made during the 30-year liberation struggle, resulting in horrendous human sacrifice made by thousands and thousands of Eritrean Lives, coupled with a total destruction of the physical country itself, then the Eritrean HISTORY will forever be the greatest self-induced destruction in the anal of Human History. I stand to be corrected.
In conclusion, once again, I appeal to Eritrean Intellectuals of the Highest Order, who are lucky enough, like all of us, to be away from Eritrea the Purgatory to get together and discuss a ‘sane way out’ for ALL Eritreans in ONE Eritrea. If they don’t come to the rescue of Eritrea at its desperate situation, when will they come at its hour of need?
Humble Note to Assena Readers: Please, let us keep our dignity in our discussion to save Eritrea. We can express our views in civility, without offending our patriots. If nothing else, we have the obligation to respect the FREE PRIVILEGE that we are getting from archive.assenna.com. Please take this comment as only my humble plea. Thank You.
amanuel January 30, 2018
I love eritrea whether it is as a country or a province within Ethiopia. So if i believe we are better off with ethiopia than a separate country, am i being less patriotic or unpatriotic? How do you define patriotism? A love for the country or the people or both? Rezen. You mentioned commenting without offending the patriots is civility. I do not know who these patriots are, but i hope you do not mean the hgdf diasporas who love nothing more than themselves but pretend that they love eritrea and the government. If you mean shabya though, i have mixed feelings. There are a few who stund with the people. Kumalom atsrina, kidan kedina, abliena, astinayom tegelbitom abriesna sheynomulna. Dergi mischkaneu kemzi geru ayebesabesenan. Kinkimkimekum emo kitmishtuwo kab kumal netsa tikonu elnayo nono elom kumal zilebeduna ekayo, nitegaru dima komalat yiblu keyhaferu. Nsomn netsanetomn hizom entezitefulna bselam mineberna nerna. Silezi do not tell me they are patriots for history and the people know them as criminal thugs only.