Significance of the Case
Across the world, communities continue to confront widespread and systemic corporate human rights abuses, with companies often escaping accountability. The practice of using or supporting public security services to act in company interests against local communities, and the act of judicial interference, are two of the recognized characteristics of the wider phenomenon of ‘corporate capture’ – the means by which large corporations and other economically powerful stakeholders undermine the realization of human rights and environmental wellbeing by exerting undue influence over states. This case represents a key step towards advancing corporate accountability for such abuses, as the state was explicitly directed to take action against Anvil Mining officials. Further, the recommended remedies included the highest compensation amount ever awarded by the Commission, and comprehensive, innovative, structural and restorative collective measures directed to both the victims and the wider community. The International Commission of Jurists has commented that the decision constitutes “…a real step towards the recognition of the responsibility of the DRC State and the company Anvil Mining…opportunities may now be open to victims and their families to seek remedy and reparation, including prosecution against responsible State authorities and the company Anvil Mining, or at least any responsible personnel or and executive officers.”
The violent attacks, and the ensuing 13-year legal battle for justice, is indicative of a continuing need to put in place a comprehensive international legal framework on corporate accountability, in order to clarify state obligations (including extraterritorial) in the regulation of corporate activities and remove barriers to justice. Towards this end, ESCR-Net members and allies are working collectively to advocate for a strong UN treaty to prevent and remedy human rights abuses by or associated with the actions of transnational corporations and other companies. Further, corporate capture practices are being analyzed and addressed through ESCR-Net’s Corporate Capture Project.
