The London Bullion Market Association (LBMA) has withdrawn its challenge to jurisdiction in an important human rights lawsuit currently being heard in the UK courts.
The plaintiffs, the families of two men who were fatally shot by security forces at the North Mara Gold Mine in Tanzania, allege that the LBMA consistently certified gold from this notorious site as free from major human rights violations. In its attempt to have the case dismissed, the LBMA argued that it would be more suitable for the proceedings to take place in Tanzania, even though it is a British organization.
Victims of human rights abuses in Tanzania often face immense barriers to justice, particularly in cases involving police violence. The LBMA’s application is indicative of a broader trend in which corporations seek to hinder international human rights claims.
Filed in August 2023, the LBMA’s application, known as a “forum non conveniens” motion, was scheduled for a hearing in June 2024. However, just weeks before the hearing date, the LBMA announced its decision to abandon the challenge. With the jurisdictional matter now settled, the law firm Leigh Day is preparing to advocate for the families of the deceased in the High Court in London.
The North Mara Gold Mine is infamously recognized as one of the deadliest mines in Africa, with reports documenting at least 77 fatalities and 304 injuries inflicted by police and security guards between 2006 and 2023, along with additional casualties reported in 2024.
The upcoming legal proceedings will examine whether a certification body can be held liable for a potentially flawed certification process that allows gold linked to human rights violations to be traded in London, thereby perpetuating these abuses.
As the largest gold trading hub globally, the LBMA regulates gold transactions totalling approximately 180 billion pounds weekly in London. To be traded, gold must receive certification from the LBMA as Good Delivery, signifying it has been responsibly sourced and is free from serious human rights violations.
The plaintiffs argue that the LBMA’s certification of gold from the North Mara Mine as Good Delivery is unjustifiable given the mine’s documented human rights abuses. They contend that if the LBMA had properly enforced its Responsible Sourcing Programme, many of these violations could have been prevented, potentially saving their relatives’ lives.
