Monday December
7, 2015 - Justice at last for the people of Bumbuna as
mining company is hauled before London High Court. The
failure of the rat and his cabal to protect the lives,
livelihood and the way of life of the poor.
Many in Sierra Leone and elsewhere
interested in justice for the poor would have heaved a
great sigh of relief on hearing the news that one law
firm in the UK is seeking justice for the people of
Bumbuna in the north of Sierra Leone.
The UK-based
Guardian newspaper had this headline - "Sierra
Leone villagers sue mining company in London high court"
and went on - "An iron ore firm once listed in London is
being sued in a multimillion pound lawsuit over
evictions and alleged violent treatment of workers and
villagers living near one of its mines in Sierra Leone.
African Minerals Limited is accused of complicity in
false imprisonment, assault and battery, trespass and
theft of the claimants’ property. It is also allegedly
implicated in a fatal shooting of a 24-year-old by
police during a protest over pay and conditions. The
allegations, which have been denied by AML, once again
raises questions about regulation of western companies,
listed in London, New York or other major stock
exchanges, when operating thousands of miles away in
developing countries.
A London law firm will put the
case on behalf of 142 claimants before a judge at the
high court in London on Monday in a bid to get
compensation for the injuries sustained in two incidents
in 2010 and 2012. In defence papers, the mining company
denies liability, saying it has no vicarious
responsibility for any actions of the police and the
English courts lack jurisdiction for events in Sierra
Leone.
The London law firm that is taking up
the matter on behalf of the people of Bumbuna is Leigh
Day - a company known for taking up matters where it
believes a wrong needs to be corrected that affects the
poor and unconnected as is to be found in Sierra Leone
and the many concerns passing off as investors in a
resources-rich but dirt poor country. Leigh Day
successfully sued Shell on behalf of Ogoni people in
Nigeria and has won £150m for tens of thousands of the
poorest people on earth from some of the world’s richest
companies.
On the website of Leigh Day is the
headline -
"Legal
actions begins at High Court over allegations of abuses
in Sierra Leone" dated 1 December 2015 -
"Law firm Leigh Day has confirmed that it is taking High
Court legal action in the UK against iron ore producer
Tonkolili Iron Ore Ltd (formerly a subsidiary of African
Minerals Ltd) following allegations of human rights
abuses against workers and villagers living near one of
its mines in Sierra Leone.
Leigh Day say their clients'
allege that the company, which had its headquarters on
Stratton Street in London, was complicit in the false
imprisonment, assault and battery, trespass and theft of
property.
Allegations have also been levelled against
the company in relation to its role in the fatal
shooting by police of a 24-year-old female during a
protest over working conditions and pay in 2012. The
pre-trial hearing at the High Court today heard
arguments from lawyers representing the 142 claimants,
who are mainly small scale or subsistence farmers and
traders, in a bid to get compensation for their injuries
sustained in two incidents in 2010 and 2012.
Tonkolili Iron Ore Ltd denies liability for the
incidents which took place just outside the Tonkolili
Iron Ore Ltd mining site outside Bumbuna town in the
north of Sierra Leone. The company claims that it has no
vicarious responsibility for the actions of the police
and that the English courts lack jurisdiction for events
in Sierra Leone.
The High Court has heard arguments from
the legal team at Leigh Day, who are representing the
claimants, that a number of villages were taken over and
hundreds of families relocated with minimal consultation
in a move to allow African Minerals Limited to expand
its operations.
One of the lead claimants Kadiatu Koroma,
25, claims that she was beaten, raped and miscarried as
a result of violence in Bumbuna town in 2010. In court
papers, she said: “I remember seeing big AML trucks
coming to work on our farms. They didn’t speak to
anyone. We had already planted our produce and we
gathered as a community and started grumbling. We were
saying, how can these people come and work in our farms
without saying something to us,” Witness evidence
alleges that villagers who had set up a roadblock, to
stop the company destroying their farms and their
livelihoods, were faced with police who opened fire on
them.
Ms Koroma claims she was flogged by the police before
being taken to the Tonkolili Iron Ore camp, she was two
months pregnant at the time and lost her baby.
“We all
wanted to stop AML from destroying our farmland so I was
guilty just because I lived in the village,” she said.
In 2012 it is alleged that police used live ammunition
to stop a protest staged by workers over low wages and
unfair treatment resulting in a 24-year-old woman being
shot dead while eight were wounded after police.
According to Human Rights Watch, hundreds of families
were evicted from their land to make way for the mine
near Bumbuna with minimal consultation with villagers.
Astrid Perry, a lawyer in the international claims team
at Leigh Day who is representing the villagers, said:
“the conduct of the defendant has caused a number of
delays to the progression of these claims and we are
pleased to finally get before the Court and have the
plight of the claimants heard.
“We believe it is all too
easy for multi-national companies to operate abroad in
rural and isolated environments and entirely avoid
liability for actions which negatively affect those
impacted by their operations. I hope this case serves as
a warning to companies that they will be held to
account”.
It would be recalled that after the
various incidents at Bumbuna with the government doing
its best to defend, shield and condone the actions of
the security forces, a kind of concession was obtained
with a promise that the matter would be investigated.
That was the end of the matter until a key civil society
group, the
Human Rights Commission of Sierra, HRCSL,
made it quite clear that it would be carrying out its
own investigations into the matter. The report of the
Commission's findings, with names of those deemed to
have committed unwholesome acts against unarmed
civilians, mainly women was presented to the government
and as is usual with such reports in the fiefdom of the
rat, no action was taken and many within and without the
boundaries of Sierra Leone would be relieved that at
last someone, somewhere has thought it fit that the
voices of the poor and oppressed should be heard.
The government of the rat, coming
under increasing pressure from civil society issued a
statement that was as meaningless as it was dubious -
part of which stated -
"....the
workers of African Minerals Limited commenced a protest
action on Monday 16th April 2012 when they complained
about poor conditions of service – a development which
ignited a state of chaos but was later normalized by the
police.
The situation however deteriorated last night
bringing all activities of AML to a halt with
allegations that firing took place.
Consequently, the
President has appointed a committee of government
ministers and security personnel to thoroughly
investigate the Bumbuna incident to help the government
take decisions to resolve the impasse.
Simultaneously,
Government appeals to members of the public, especially
the workers at Bumbuna, to remain calm as it will leave
no stone unturned to address the issue. All and sundry
are assured that any death that may have occurred in the
process will be treated seriously, will be thoroughly
investigated, and Government will allow the law to take
its course accordingly."
Kindly recall that the Sierra Herald
joined the many who had expressed concern over the
highhandedness of the security forces and called for
justice for those affected especially in the case of
what looked like the deliberate targeting and killing of
one
Musu Conteh.
Calls
for justice to be seen to be done fell on deaf ears as
reports filtered to us that some brave journalists who
dared to raise the issue and to criticise the operations
of the company were faced with threats of legal action.
Those who fed fat on the droppings
from the rat and the mining companies were in overdrive
to highlight the virtues of the exploiting companies who
are seen to be working hand in glove with the rat and
his cabal.
Indeed one online news
outlet,
Swit Salone has
noted the failure of some sections of the press to
report on the death of Musu Conteh and the others
suffering from gunshot wounds inflicted by the police as
they went all out to protect the interests of the mining
company whose workers had been on strike for better
working conditions.
When
police fired on
protestors on strike
at an African
Minerals Limited
(AML) site in
Bumbuna in April
there was little
mention of it in
Sierra Leone’s local
print press. But
this week the press
is
singing the praises
of African Minerals
and
its boss Frank Timis.
Either the reporters
are really happy for
the employees at AML
or they are doing
overtime for those
highly coveted AML
paid for
advertorials.
The
controversial
billionaire
has announced
that it will
increase the wages
of its lowest paid
employees by a
whopping 350
percent. Timis said
that the company’s
minimum monthly wage
of 300,000 leones
($72) will be raised
to 1,000,000 leones
($240). This
increment will be
adjusted for
inflation and back
dated to January 1st
2012.
In addition to
this Timis committed
to an all round 16
percent increase in
all staff salaries. In the print
stories on the
salary increases
there was no mention
of strike in Bumbuna,
the injured or the
dead. Da ooman im
life don go buffin.
(meaning that
Musu Conteh died in
vain and that no one
will be held to
account - our
explanation)
Perhaps the greatest betrayal of the people of
Bumbuna came from the warped mind of one Sheka Tarawallie, who also
doubled then as the Deputy Government Spokesman
in which he blames "SLPP snipers" for the wounding and
killing incident at Bumbuna. He wrote -
"Independent investigations
carried out by this press on
the recent fracas at Bumbuna
are pointing fingers at the
political machinations of
the opposition Sierra Leone
People’s Party (SLPP) as not
only having instigated the
violence, but that they
actually planted a gun man
to cause mayhem, resulting
in the death of Musu Conteh.
The police have vehemently
denied using live bullets in
quelling the demonstration
which was on the brink of
becoming uncontrollable.
“The police were only using
tear gas and rubber bullets
to repel the agitated
demonstrators,” a police
spokesperson said. It is
believed that someone other than the police used
live rounds to fire at the crowds.
...The
Torchlight found out that, for over three weeks, SLPP
‘alagbas’ had been holding
secret meetings with workers
at African Minerals,
encouraging them to go on
strike as their working
conditions were in disparity
with foreign workers. “We
fell for the bait, and we
followed their advice,
because some of those
telling us to demonstrate
are our own bosses at
African Minerals,” a worker,
who now regrets having
participated in the protest,
confided in The Torchlight.
Another worker told us how
the senior cadre at African
Minerals is dominated by one
tribe through the handiwork
of a former personnel/human
resource manager who was
sacked when community people
complained about his
attitude and discrimination
against locals. “This former
human resource manager is
the brain behind all this
trouble. He is aggrieved and
is now working in close
affinity with SLPP flag
bearer Julius Maada Bio.
They have been paying secret
visits to workers here,” he
maintained.
...It was more of a showdown
for cheap political gains.
It is believed that someone
other than the police used
live rounds to fire at the
crowds. I bet it was these
same elements (who
instigated the violence)
that planted this sniper to
cause mayhem. It was a
well-orchestrated plan,” a Bumbuna Town elder, who is
slowly coming to grasp with
the true story, told The
Torchlight.
...It was a
well-orchestrated plan,” a Bumbuna Town elder, who is
slowly coming to grasp with
the true story, told The
Torchlight. SLPP party sources say Maada
Bio was in a jubilant mood,
as he reportedly retorted
‘Yes, this is a big
opportunity for us to make
in-roads in the north’."
The lack of accountability of the security
forces touched a raw nerve in all those yearning
to see the rule of law, accountability and the
sanctity of human life in Sierra Leone
respected. One news outlet,
Global Times
noted -
"The horror stories of police brutality recorded
in all areas of the country are appalling and
very intimidating with no end in sight but
getting worse. The unprofessional behavior
ranges from bribery to the most heinous murder,
in certain cases an alleged state sponsored. The
frightening part of the horror story is that the
Inspector General of Police (IGP), Mr. Francis
Allieu Munu, seems not to be in control of his
personnel.
In just a year ago, Some notorious officers of
the Operation Service Division (OSD) have been
killing innocent civilians with impunity all
over the country, from Kono in the East, to Bo
in the South, Lunsar in the North and of course
Wellington in the East, Earl Street off Circular
Road, Aberdeen, Goderich and Lumley in the West.
The only case of all the unwarranted killings
that was prosecuted is that of ‘Police Killing
Police’.
One OSD Officer, Kristopher Kamara, allegedly
killing a security officer assigned to Alhaji
I.B. Kargbo, one of the Advisers of President
Ernest Bai Koroma.
One has to wonder whether it is because of the
high profile nature of the killing that prompted
the authorities to quickly institute criminal
charges against the OSD who allegedly committed
the Aberdeen killing.
All the other killings, which involved the
notorious OSD’s killing of civilians have not
been correctly addressed by the appropriate
authorities nor have they even produced a
statement from the IG’s office or the Police
Board of which the Vice President, Chief Alhaji
Sam Sumana is the Chairman.
In fact, instead of action being taken to
eradicate the lawless behavior by the police, IG
Munu have been on radios justifying the
killings, the latest justification of such
killings was that of the United States Marine of
Sierra Leonean origin, who was killed in cold
blood at the Lumley Beach in Freetown.
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