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Environmental and social transparency under the ... - ClientEarth

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152 | <strong>Environmental</strong> <strong>and</strong> <strong>social</strong> <strong>transparency</strong> <strong>under</strong> <strong>the</strong> Companies Act 2006Annex 7: Company AGMs in practice: <strong>the</strong> mining industry | 153operates in 45 countries across 6 continents, <strong>and</strong> as at 31 December 2007,had a market capitalisation of just <strong>under</strong> US$80 billion. 380- AGM 2003 – A great number of individuals attended as shareholders<strong>and</strong> asked challenging questions on company <strong>social</strong> <strong>and</strong> environmentalimpacts: Sister Joan Keitch asked a question regarding <strong>the</strong> company’salleged forced displacement practices; Francisco Ramirez, presidentof SINTRAMINERCOL (a mine workers’ union in Colombia), askeda question regarding Anglo Gold’s alleged complicity in war crimes,crimes against humanity <strong>and</strong> <strong>the</strong> massive forced displacements conductedby associated companies; Desmond D’Sa, resident of Durban,South Africa, asked a question regarding <strong>the</strong> alleged polluting practicesof an Anglo American subsidiary; Richard Solly asked a questionregarding company activities in Venezuela. 381- AGM 2004 – Richard Solly, of <strong>the</strong> Colombia Solidarity Campaign, askeda number of questions regarding operations at <strong>the</strong> Cerrejon mine inColombia <strong>and</strong> impacts in <strong>the</strong> local communities; Andrew Whitmoreattended as proxy for Andy Higginbottom, to ask questions on behalfof Philippine communities <strong>and</strong> organisations regarding Anglo Americanoperations in <strong>the</strong> Philippines, <strong>and</strong> also to ask a question relatingto <strong>the</strong> company’s dialogue on ‘free prior <strong>and</strong> informed consent’ 382 as apart of <strong>the</strong> World Bank Group’s review of its activities in <strong>the</strong> extractiveindustries sector (<strong>the</strong> Extractive Industries Review, EIR). 383- AGM 2005 – Richard Solly asked a number of questions regardingoperations in Colombia (having visited <strong>and</strong> spoken to <strong>the</strong> local communities),relating to an alleged lack of community engagement, <strong>and</strong>duress exerted on local people by company representatives; AndrewWhitmore of Indigenous Peoples’ Links asked questions relating tooperations in <strong>the</strong> Philippines on behalf of communities he had visited<strong>the</strong>re. 384- AGM 2006 – Geoff Nettleton attended as proxy, representing IndigenousPeoples’ Links, to ask a question relating to planned developmentin <strong>the</strong> Philippines <strong>and</strong> company dialogue with communities<strong>the</strong>re; Glevys Rondon, a Venezuelan representative of <strong>the</strong> indigenouspeople of Zulia, read a statement on <strong>the</strong>ir behalf, testifying to intimidation,harassment <strong>and</strong> a climate of fear surrounding <strong>the</strong> Sucoy mine(in which Anglo American held a quarter share of operations), <strong>and</strong>questioned <strong>the</strong> extent to which Anglo American could sustain strongrelationships with <strong>the</strong> local communities in which it operates; RichardSolly discussed operations at El Cerrejon in Nor<strong>the</strong>rn Colombia, raisingquestions relating to <strong>the</strong> denial of <strong>the</strong> fishing rights of local communitiesby mine security personnel, <strong>and</strong> <strong>the</strong> diversion of a local riverto access coal reserves (<strong>and</strong> associated questions of payments made topublic bodies in <strong>the</strong> area); Andrew Whitmore asked a question relatingto exploration in Mindanao in <strong>the</strong> Philippines (which had been raised<strong>the</strong> year before also), <strong>and</strong> a question on <strong>the</strong> health & safety policiesof <strong>the</strong> company, which had been related to 46 deaths in 2005; FrankNally, attending as proxy, questioned fur<strong>the</strong>r regarding Anglo American’ssignificant (24%) shareholding in <strong>the</strong> Sucoy mine in Venezuela<strong>and</strong> <strong>the</strong> allegedly repressive <strong>and</strong> intimidatory practices associated withit. 385- AGM 2008 – Phillipos Dolo, a South African community representative,raised water pollution, environmental destruction <strong>and</strong> <strong>the</strong> absenceof community engagement around Anglo Platinum’s operations in<strong>the</strong> Limpopo Province in South Africa; Alex Wijeratna of <strong>the</strong> charityActionAid asked whe<strong>the</strong>r Anglo American would co-operate with awater investigation <strong>and</strong> <strong>the</strong> South African Human Rights Commissionto see if any of <strong>the</strong> company’s operations in Limpopo infringed rights tol<strong>and</strong>, housing, water <strong>and</strong> food; Peter Bearder, of <strong>the</strong> Colombia SolidarityCampaign, spoke about <strong>the</strong> operations of Kedahda SA (a subsidiaryof Anglo Gold Ashanti) in Colombia, <strong>and</strong> read a prepared statementfrom Teofilo Acuna, President of <strong>the</strong> Agro-mining Federation of <strong>the</strong>South of Bolivar (FEDEAGROMISBOL) in Colombia who was presentoutside <strong>the</strong> AGM but had not entered as he felt that it would be anoffence to <strong>the</strong> dignity of those who were suffering in Colombia; PeterBearder also asked a question regarding an alleged campaign of intimidation<strong>and</strong> stigmatisation that Teofilo Acuna <strong>and</strong> his people had beensubjected to (he had been detained in 2007 for his opposition to AngloGold Ashanti’s operations), <strong>and</strong> asserted that it was unacceptable thatAnglo American was not willing to exercise pressure on Anglo GoldAshanti, given <strong>the</strong> size of its shareholding; Richard Solly, of ColombiaSolidarity Campaign, spoke about Anglo American’s involvement in<strong>the</strong> Cerrejon coal mine in Colombia, supporting a report on <strong>the</strong> mine’simpacts by an Independent Panel established by <strong>the</strong> company, whichhe asserted had vindicated many of <strong>the</strong> points made over a numberof years by groups around <strong>the</strong> world(he asked that <strong>the</strong> company act

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