Snapshot: A 2004 armed attack resulted in several lawsuits and investigations occurring in the Democratic Republic of Congo, Australia, and Canada against Anvil Mining for alleged complicity in human rights abuses. All cases were dismissed in favor of Anvil Mining, except for a complaint before the African Commission on Human and People's Rights, which ordered the Democratic Republic of Congo to "prosecute and punish" Anvil Mining. This case profile looks at proceedings in Australia.

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In October 2004, the town of Kilwa, Democratic Republic of Congo (DRC), was the site of fighting between the Congolese Armed Forces (FARDC) and a small group of rebels. The armed forces launched an attack to take control of the town following a short occupation by the rebels, committing serious human rights abuses against civilians, including summary executions, arbitrary arrest, rape, and torture. Witnesses alleged that Anvil Mining, who operated the Dikulushi copper mine nearby, provided transportation (planes and vehicles) to the Congolese Armed Forces during this event. Anvil Mining denied allegations.

Proceedings in Australia

In addition to Anvil Mining’s operations in DRC, the company also has offices in Australia and Canada.  In September 2005, the Australian Federal Police launched an inquiry into the actions of Anvil Mining to establish if there was evidence of the company’s complicity in war crimes and crimes against humanity.  The inquiry was closed in August 2007 following the acquittal of the Anvil Mining defendants in the DRC lawsuit.

Human Rights Law Centre:

-Australian mining company in prosecution spotlight for role in Congo massacre, 4 Aug 2017

News articles:

- "Aust mining company cleared off war crimes charges", ABC News [Australia], 28 Jun 2007
- "Multinational company on trial in Katanga", International Justice Tribune, 22 Jan 2007
- "African tribunal cites Canadian company for role in massacre", Canwest News Service, 17 Oct 2006
- "AFP investigates Anvil Mining over human rights abuses (transcript)", ABC local Radio [Australia], 19 Aug 2005
- "The Kilwa Incident Transcript", ABC Four Corners [Australia], 6 Jun 2005

Anvil Mining:
- [PDF] Anvil and its Employees Acquitted in Kilwa Incident, 28 Jun 2007
- [PDF] Anvil Mining Congo receives notification from Congolese Military Court in relation to the Kilwa incident in October 2004, 18 Oct 2006
- [PDF] Anvil Confirms That Allegations Are Unfounded, 23 Aug 2005
- PDF] Anvil Confirms Denial of Unfounded Allegations, 21 Jun 2005

Rights & Accountability in Development (RAID), Global Witness, Action Contre l’Impunité pour les Droits Humains (ACIDH), Association Africaine de Défense des Droits de l’Homme (ASADHO/KATANGA):

- [PDF] Kilwa Trial: a Denial of Justice – a chronology, October 2004-July 2007, 17 Jul 2007
- [FR] [PDF] Le Procès de Kilwa : un Déni de Justice – Chronologie, Octobre 2004-Juillet 2007, 17 juillet 2007
- Dikulushi copper/silver mine in the DR Congo

- United Nations: High Commissioner for Human Rights concerned at Kilwa military trial in the Democratic Republic of the Congo, 4 Jul 2007
- MONUC: Report on the conclusions of a special investigation into alleged summary executions and other human rights violations committed by the Congolese Armed Forces (FARDC) in Kilwa on 15 October 2004 (English Translation by Rights & Accountability in Development (RAID)), Sep 2005