Regulation/ Legal Issues
Canada, where Barrick is based, is home to 60 percent of the world’s mining corporations, which run operations across the globe. Despite being a leader in this industry, Canada has not taken the lead on mediating or taking responsibility for the behavior of their corporations abroad.
As a consequence of this negligence, Canada has drawn criticism from around the world, first by environmental, religious and human rights organizations, and now increasingly from international institutions, such as the United Nations. Even the Canadian government has started to recognize the harsh reality accompanying the presence of their mining industry abroad, which is characterized by environmental destruction, political corruption, community struggles, human rights abuses, and massive amounts of water consumption.
2006 marked the year of the first National Roundtables on Corporate Social Responsibility and the Canadian Extractive Industry in Developing Countries, a forum that was organized in reaction to a 2005 Report from Canada’s Parliamentary Standing Committee on Foreign Affairs and International Trade (SCFAIT). The standing committee’s report admitted that Canada does have not laws ensuring that Canadian mining companies “conform to human rights standards, including the rights of workers and indigenous peoples.” But, despite overwhelming evidence that the self-regulation and voluntary measures adopted by mining companies are not sufficient to guarantee these rights, a binding legal framework to ensure these rights has yet to be pursued by the Canadian Government.
Read SCFAIT report "Mining
in Developing Countries and Corporate Social Responsibility"
|Marinduque solons oppose $20-M Barrick Gold settlement|
Business Mirror (Philippines)
February 22nd, 2014
TWO lawmakers have opposed a $20-million compensation offer being dangled by a mining company in connection with the 1996 Marcopper mine tailing spill, considered the worst mining disaster in the Philippines. “This will not also address the repair of the Maguila-guila and Makulapnit siltation dams and Taipan pit. The said dams are in danger of collapse due to its considerably weakened walls and the big volume of water and silt contained therein. Its collapse will unleash a huge quantity of water and silt to the towns of Boac, Mogpog and possibly other towns in Marinduque which will result to loss of a great number of lives and millions of pesos in damage to homes and properties."
|Barrick offering lands with a thud, shares slide|
by Allison Martell and Euan Rocha, Reuters
November 3rd, 2013
A massive public share offering from Barrick Gold Corp proved a tough sell, market sources said on Friday, as the price of gold dropped and investors digested news that the miner had shelved a key growth project.
|Barrick Chile mine workers set to strike|
October 30th, 2013
* Workers poised to strike after rejecting contract proposal * News of likely stoppage comes day before Barrick results due
|Philippines: Marinduque 'pushed to the wall' by Barrick Gold |
by Catherine Coumans, Mining Watch Canada via Rabble.ca
October 22nd, 2013
Canada’s Barrick Gold, the world’s largest gold mining company that bought out Placer Dome, has spent the better half of a decade fighting the province in court rather than owning up to the company’s responsibility to put things right in Marinduque. Once again, Marinduque is the bellwether, evidence that for all its rhetoric about “responsible mining,” the mining industry is still more concerned with its bottom line than in doing what’s right. In spite of a long legal struggle with competent American lawyers, on September 17, Marinduque provincial administrator Eleuterio Raza told the Philippine Daily Inquirer (Inquirer) that Barrick was offering the province around 20 million dollars, take it or leave it. According to the Inquirer “[t]he amount, however, would further be reduced to $13.5 million after litigation expenses had been paid. ‘These are crumbs,’ said Raza, ‘but we are being pushed to the wall.’” It is perfectly clear that this extremely low level of recovery from Barrick is woefully inadequate to protect the health and safety of Marinduquenos, which can only be secured through the comprehensive rehabilitation of all contaminated ecosystems and the stabilization or removal of shoddy dams and structures in the mountains of the island, as well as the tons of toxic waste that these dams are barely containing.
|Philippines: Marinduque 'pushed to the wall' by Barrick Gold|
October 22nd, 2013
In the Philippines, the island province of Marinduque is known as a cautionary tale about the ravages of irresponsible mining. It took Canadian mining giant Placer Dome a couple of decades to wreak environmental destruction on major coral reefs in Calancan Bay and to severely contaminate the Mogpog and Boac Rivers with toxic mine waste -- none of which has ever been cleaned up. The ongoing environmental impacts are only part of the story.
|Sickness and wealth: Shiny new mine, rusty pollution problems
September 21st, 2013
Residents are suing PVDC, claiming that the new mine is poisoning rivers, causing illnesses and the death of farm animals. They want the government to release the environmental-impact assessment for Pueblo Viejo, which it has so far refused to do.
|Five whistleblowers speak out against Barrick, court documents reveal|
Court documents filed by Labaton Sucharow LLP on August 2, 2013 related to a class action lawsuit on behalf of shareholders of Barrick Gold reveal the testimonies of five former Barrick employees. These confidential witnesses confirm that Barrick top management knew that construction at the Pascua Lama Project was contaminating nearby water sources and breaching environmental conditions that led to the suspension of the project. These witnesses also testify that at a time when the company was estimating that the Project's cost would be between $2.8 and $3 billion, Barrick already had in its possession an engineering report estimating costs for the Project at nearly twice that figure.
|Confidential Witness reports related to class action against Barrick Gold|
by compiled by Sakura Saunders (with protestbarrick.net), filer: Labaton Sucharow
August 3rd, 2013
The following is excerpts from court documents filed by Labaton Sucharow LLP on August 2, 2013 in the U.S. District Court for the Southern District of New York. These documents were related to a class action lawsuit filed on behalf of persons or entities who purchased the publicly-traded common stock of Barrick Gold Corporation on the New York Stock Exchange between May 7, 2009 and May 23, 2013. The excerpts focus on information related to the testimony of former employees of Barrick Gold acting as confidential witnesses (CW1 - CW5) in the case.
|Tanzanian villagers sue London-based African Barrick Gold for deaths and injuries|
Leigh Day Law Firm
July 30th, 2013
London law firm, Leigh Day, today (Tuesday 30 July) served African Barrick Gold (ABG) and North Mara Gold Mine Limited (NMGML) with legal proceedings filed in the UK High Court. The claim alleges that the companies are liable for the deaths and injuries of local villagers, including through complicity in the killing of at least 6 local villagers by police at the North Mara mine in Tanzania. The companies deny the allegations.
|The Case Against Barrick Gold: Why Shareholders are turning on this mining giant|
by Sakura Saunders, Special to ProtestBarrick
July 26th, 2013
On June 5, 2013, Lewis and Patricia Clark filed a class action lawsuit for themselves and other shareholders against the world's largest gold miner for “making false and misleading statements and concealed material information” relating to Pascua-Lama’s delays and costs. The class covers everyone who bought Barrick common stock between May 7, 2009, and May 23, 2013. Since this date, at least 9 law-firms have taken on the case against Barrick.
|Exclusive: Chile indigenous group likely to appeal Barrick ruling: lawyer|
by Alexandra Ulmer, Reuters
July 18th, 2013
A Chilean indigenous group will likely ask the Supreme Court to review a lower court decision on Barrick Gold Corp's Pascua-Lama gold mine, because the ruling does not go far enough to protect the environment, a lawyer representing the group told Reuters on Thursday.
|Chile court rules for Indians against Barrick Gold|
by EVA VERGARA, Associated Press
July 14th, 2013
A Chilean appeals court ruled against the world's largest gold mining company on Monday, favoring Chilean Indians who accuse Barrick Gold Corp. of contaminating their water downstream and creating more doubts about the future of the world's highest gold mine. The judges in the northern city of Copiapo unanimously ruled that Barrick must keep all its environmental promises before moving forward with construction of the Pascua-Lama mine at the very top of Chile's mountainous border with Argentina. They also said Barrick must monitor the condition of three glaciers next to the mine project.
|Third extractive industry report points finger at gold mining companies: Barrick doesn't "Pay a dime" in corporate tax|
by FINNIGAN WA SIMBEYE, Tanzania Daily News
July 9th, 2013
In fact, Barrick which is the world's largest gold miner and the largest gold miner in the country with four mines, including Buzwagi whose controversial signing in 2007, may close down three of its mines without paying a dime in corporate tax.
|Want to sue Barrick? You have over 8 law firms to chose from!|
Just a helpful note from ProtestBarrick that if you would like to sue Barrick Gold, you have many choices for legal representation.
by Tim Elliot, Sydney Morning Herald - Good Weekend
In the Highlands of Papua New Guinea, the locals are largely locked out of the wealth of a lucrative goldmine. Tim Elliott meets a few brave young men determined to claim just a tiny piece of pie.
|Barrick's Pascua Lama could wind up costing US$10bn, analyst says|
by Alexandra Demo-Dananberg, BN Americas
June 26th, 2013
Canadian Barrick Gold's Pascua Lama project on the border of Chile and Argentina could wind up costing US$10bn to build, according to Credit Suisse analyst Anita Soni.
|Corporate Knights defend abusive corporations
by Sakura Saunders, An edited version appeared in NOW Magazine
June 13th, 2013
You only need to check out Corporate Knights magazine’s just-issued Best 50 Corporate Citizens In Canada index to get that “clean capitalism” is all show, no substance.
|Why NZ Super dumped Barrick Gold|
by Tim Hunter, Timaru Herald via stuff.co.nz
Why NZ Super dumped Barrick Gold
|Barrick fined $16m for Pascua-Lama violations|
by LUIS ANDRES HENAO, Associated Press
May 24th, 2013
Chile's environmental regulator blocked Barrick Gold Corp.'s $8.5 billion Pascua-Lama project on Friday and imposed its maximum fine on the world's largest gold miner, citing "very serious" violations of its environmental permit as well as a failure by the company to accurately describe what it had done wrong.
|New Zealand Superannuation Fund excludes Barrick Gold and subsidiary African Barrick Gold on responsible investment grounds|
New Zealand Superannuation Fund
May 13th, 2013
The New Zealand Superannuation Fund has excluded global mining company Barrick Gold Corporation and its subsidiary African Barrick Gold from its $22 billion investment portfolio on responsible investment grounds.