The London Bullion Market Association (LBMA) regulates the London gold bullion market, which is the largest globally, with approximately US$230 billion in gold transactions occurring weekly.
All gold bars traded in London must originate from refiners accredited by the LBMA, ensuring compliance with their Responsible Sourcing Programme. This programme was implemented to guarantee that gold bullion traded in London is free from significant human rights violations.
Leigh Day has initiated legal action against the LBMA on behalf of the families of two young miners who lost their lives at the hands of security forces in 2019 while searching for gold at the North Mara Gold Mine in Tanzania.
During a hearing on 20 January 2025, Mrs. Justice May set a four-week trial to commence at the High Court on the earliest date available after 29 June 2026.
The families of the deceased miners contend that the LBMA improperly certified gold sourced from the mine as devoid of serious human rights abuses at the time of the miners’ deaths and continues to do so. The mine, however, has a well-documented history of systematic human rights violations.
The claimants argue that had the LBMA effectively enforced its responsible sourcing programme, the mine would have been compelled to cease these abuses, potentially saving their relatives’ lives.
The North Mara mine is predominantly owned by Barrick Gold Corporation, a Canadian multinational and one of the largest gold mining enterprises globally.
The LBMA has rejected any liability, asserting that the claims related to the fatalities are fundamentally inconsistent with its obligations and responsibilities. Barrick Gold has similarly refuted the allegations concerning the North Mara mine.
Last year, the LBMA challenged the jurisdiction of the English Courts to adjudicate the claims, contending that Tanzania would serve as a more suitable venue for the proceedings. The families of the miners opposed this motion, arguing that the LBMA, being a British entity, should be held accountable in the UK, especially since victims of human rights violations in Tanzania face significant barriers to obtaining justice in their local courts.
Five weeks prior to a scheduled hearing, the LBMA announced its decision to withdraw its jurisdictional challenge, leading to an agreement that the claims would be heard in the High Court in London.
See also our article published on 17 July 2024
