Barrick Mining (formerly Barrick Gold) and individuals from Bandayi and Mege, Democratic Republic of Congo
This is a follow-up statement to a final statement published by Canada’s National Contact Point (the "NCP") for the OECD Guidelines for Multinational Enterprises (the “Guidelines") on May 17, 2024.
On May 10, 2022, Canada’s NCP received a request for review from a Notifier claiming to represent individuals from Mege and Bandayi in the Democratic Republic of Congo. The request for review raised questions about observance of the Guidelines by the Respondent, Barrick Mining (formerly known as Barrick Gold), in connection with the operations of Kibali Gold Mines, of which Barrick Mining is 45% owner and the mine operator. The NCP accepted for further consideration one issue raised by the Notifier regarding the alleged contribution by the Respondent to adverse human rights impacts arising from a 2021 government-led resettlement operation.
The NCP facilitated an initial dialogue between the Notifier and representatives of the enterprise on December 1, 2023. Based on that dialogue, the NCP concluded that offering to facilitate further engagement under its good offices was unlikely to contribute to a resolution of the issue. The NCP published a final statement on May 17, 2024, which included several recommendations to the Respondent. The NCP committed to follow up with the parties about the recommendations six months from publication of the Final Statement.
Follow-up
On January 14, 2025, the NCP secretariat had a follow-up call with the Notifier. The Notifier told the NCP that neither he nor the individuals he represented had observed or been informed about activities or policy changes undertaken by the Respondent in response to the NCP’s recommendations. The Notifier expressed disappointment that the NCP process had not resulted in further dialogue and financial compensation for the individuals he represented.
On March 5, 2025, the NCP secretariat had a follow-up call with the Respondent:
The Respondent reported that it had engaged with local government authorities following the 2021 government-led resettlement to discuss lessons learned and to share relevant best practices for any future government operations of that kind, including with regard to stakeholder engagement and human rights due diligence. The Respondent recognized the importance of engagement with local government authorities to promote respect for human rights in activities related to the mine, and of exercising leverage as appropriate to support positive outcomes.
Regarding the disclosure of more information about the enterprise’s engagement with government authorities around the planning and execution of the 2021 resettlement process, the Respondent referred the NCP to its publicly available written responses to a December 2024 report by the Netherlands-based organization Pax for Peace.
The Respondent reported that it was planning an education campaign in the local community about mine security and the role of local police. The Respondent also noted that it had engaged with local government authorities on the need to promote greater public understanding about the distinction in roles and accountabilities as between local police and the mine’s own operations and personnel. The Respondent also said it was looking at offering further training on the Voluntary Principles on Security and Human Rights to local police, akin to the training its already provides to the mine’s security personnel. The Respondent confirmed that Kibali Gold Mine’s written agreement with local government authorities in relation to security for its mining operations had not been made public. The Respondent emphasized that it was not in a position to publish this agreement unilaterally.
The Respondent reported that it remains engaged with local civil society groups on issues concerning the mine, including through a regular stakeholder meeting. The Respondent also noted that it maintains a local grievance mechanism to address complaints about mine operations.
The NCP also takes note of the Respondent’s 2024 Sustainability Report (released in May 2025), which states that an independent human rights assessment of the Kibali mine is planned for 2025.
Conclusion
The NCP appreciates the parties’ perspectives and updates on activities relevant to the recommendations in the NCP’s Final Statement. The NCP thanks both parties for participating in the follow-up to this specific instance. Both parties were provided an opportunity to review and comment on this Follow-up Statement prior to its publication. The NCP considers the follow-up process concluded.
