The ECOWAS Court of Justice condemns Guinea in the "Zogota" case

Audio 02:20

Logo of ECOWAS, Economic Community of West African States (illustrative image).

DR

By: Carol Valade Follow

6 min

This Tuesday, November 10, 2020, more than eight years after the events, the ECOWAS Court of Justice ordered the Guinean state to pay more than 460,000 dollars in reparation to the victims.

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The drama takes place on the night of August 3 to 4, 2012 in the largest unexploited iron deposit in the world: the Simandou chain whose exploitation has just been attributed to BSG-R, a company headed by Beny Steinmetz, associated with the Brazilian iron giant Vale.

Residents of the riverside village of Zogota blame the joint venture for not employing enough local workers, for having polluted the site and "destroyed" sacred places.

Villagers demonstrate and damage company facilities.

A ministerial delegation arrived on site and the police intervened in the middle of the night, killing 6 villagers.

There are also several injured, burned huts and residents subjected to acts of torture.

And it is therefore this Tuesday, November 10 that in its judgment, the ECOWAS Court of Justice declares Guinea guilty of violating the right to life, the right not to be subjected to torture and the right to an effective remedy. especially.

A relief for Maître Foromo Frédéric Loua, lawyer for the victims.

"

Guinean justice is strong when it can attack the weakest, that is to say the citizens, but it is weak, even non-existent, when it is the defense and security forces that commit serious violations of rights and we are each time obliged to address ourselves to international courts, for justice to be done.

This decision really marks an important step in the rights of communities impacted by mining activities.

"

On the other hand, it is a “surprise” for the lawyer of the Guinean State, Maître Lanciné Sylla

.

Nothing in the file was such as to justify such a conviction.

The same decision obscured the cases of physical assaults and destruction of rolling vehicles of which the security forces were victims.

It is important to specify that a procedure was already underway before the national courts, in order to be able to locate all the responsibilities.

"

Two days after the tragedy, the “presidency” had promised that the culprits would be “ 

punished

 ”.

An investigation was opened, " 

6 senior officials

 " of the defense forces targeted, but none has ever appeared.

The judgment could change relations between communities, the state and mining companies active in the region, according to Jonathan Kaufman, director of the NGO Advocates for Community Alternatives, which supports the victims.

The people of Zogota have notified the government that they do not accept mining without justice.

The Guinean government announced last year that it would like to grant the Zogota concession to a company called Niron Metals, which is linked to Beny Steinmetz, who was one of the owners of the joint venture.

We have seen indicators that the joint venture played a role in the massacre.

If it is proven, it is possible that the population does not accept that a company linked [to this painful past, editor's note] revives mining activities.

"

A report by the High Commissioner for Human Rights largely confirms these allegations and a complaint has been filed against the company.

In the meantime, the Guinean state has 6 months to compensate the victims of Zogota.

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