Evidence of meeting #55 for Subcommittee on International Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was eritrea.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Cliff Davis  President and Chief Executive Officer, Nevsun Resources Ltd.

1:10 p.m.

Conservative

The Chair Conservative Scott Reid

Order, please.

This is the 55th meeting of the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development. Today is November 1, 2012.

We are televised today. We are continuing our hearings into the human rights situation in Eritrea.

Today we have as a witness Cliff Davis, who is the president and CEO of Nevsun. He is joining us from Vancouver.

As is our practice when we have a witness, he will give testimony, followed by a period of questions and answers. I will determine the length for each round of questions and answers, based on the amount of time we have available to get us out on time. We'll have a bit of an extra time constraint because, of course, we have to get from this building over to the Centre Block in time for question period.

That being said, Mr. Davis, I turn the floor over to you and I invite you to begin presenting.

1:10 p.m.

Cliff Davis President and Chief Executive Officer, Nevsun Resources Ltd.

Thank you, Mr. Chairman. I have a prepared statement before the Q and A.

I'd like to thank the House of Commons Subcommittee on International Human Rights for hosting this hearing and for your interest in learning more about Nevsun Resources Ltd. and our work on the Bisha mine in Eritrea, our only mining operation. We're very conscious of the responsibility we bear, not only to Eritrea but also to Canada.

As you have heard from other speakers, Eritrea is an underdeveloped country. It presents a challenging environment for a Canadian company, especially a small company like Nevsun. Challenges notwithstanding, Nevsun is unequivocally committed to responsible operations and practices at the Bisha mine, based on international standards of safety, governance, and human rights. All who work at Bisha are there of their own free will. Nevsun does not condone or permit the use of military conscripts at the Bisha mine.

We believe Canadians can be proud of the work we have done in Eritrea. Nevsun has been a positive force for Eritreans, both economically and socially. The mine offers a safe and supportive working environment, with training, opportunities for advancement, and higher wages and benefits than most other types of employment available in Eritrea.

The owner of the mine is Bisha Mining Share Company—an Eritrean venture that I will refer to as BMSC, to distinguish it from the mine itself. Nevsun owns 60% of BMSC and the Government of Eritrea owns the remaining 40%. That means Nevsun must take into account the views of the Eritrean government in terms of its political sovereignty and as our business partner.

Bisha commenced production as a gold mine in early 2011, and we expect it to continue producing gold until early 2013, when the gold reserves will be exhausted. The mine is now transitioning for copper production, which we expect will start in mid 2013 and continue for at least 11 years.

Over the life of the mine, remittances to Eritrea are likely to exceed $1 billion. In addition, Bisha will contribute hundreds of millions of dollars to the economy of Eritrea through salaries, wages, benefits, local supply chain purchases, and community assistance.

We adopted the International Finance Corporation’s, or IFC's, social and environmental performance standards of April 2006 and developed our mine management plans accordingly. Our commitment encompasses the local community, public health and safety, an emphasis on local purchasing, and responsible environmental practices, amongst other things. Our social responsibility programs and contribution to Eritrea are described in detail in our 2011 CSR report, which has been filed with your committee and I invite you to review, if you haven’t already done so.

I would now like to turn to employment and human rights at Bisha. There are currently approximately 1,350 people working at the site, of which 1,194, or 88%, are Eritrean nationals. This reflects our deliberate policy to provide the greatest possible economic and social benefits to the people of Eritrea.

BMSC directly employs the most Eritreans, at 864. Our South African contractor, SENET, employs a further 200 employees. Their pay is far above Eritrean standards. They have free medical care and unlimited amounts of free food at the mine. Those who live in the five nearby communities have free transportation to and from home, while those who live farther away have free accommodation at the mine.

These 1,064 Eritreans, along with approximately 160 expatriates employed by BMSC or SENET, manage and operate the mine, provide the many services required by a mine, and oversee ongoing mine development.

We are not aware of any concerns by human rights organizations regarding these employees. To the extent that there has been controversy at Bisha, it has involved a third group, those employed by an Eritrean subcontractor that BMSC has been required by government to use for certain construction projects since 2008.

During the year 2010, the peak year for employment by this subcontractor, it had an average of 440 personnel at Bisha, or 34%, of the Bisha project workforce at that time. For most of 2011, there were no employees of this subcontractor on site.

In the first quarter of 2012, some subcontractor employees began returning to Bisha for the copper development phase. The current level of 130 is what we believe will be the peak for the copper project. That's approximately 11% of the Eritreans and 10% of the total workforce at Bisha.

In the first quarter of 2013, or in the next few months, after the subcontractor's work is completed, all subcontractor employees will leave Bisha.

BMSC is cognizant of the recommendations given by international human rights organizations and their specific allegations that this subcontractor makes use of conscripts. We have taken all appropriate steps to ensure that this is not true of staff used at Bisha.

BMSC established a rigorous process during the gold construction phase to ascertain that all staff were working of their own free will. The process involves a careful inspection of military demobilization documents and state-issued identification papers, supplemented by internal audit after the presentation of these documents. The penalty for non-compliance with the documentation policy is employment dismissal.

In January 2012, which coincidentally is when the subcontractor's employees began arriving at the mine for the copper phase, BMSC added a requirement that all personnel working at the mine carry photo ID to access the mine site. The identification cards are issued once the appropriate demobilizations have been presented. Among other things, the photo ID helps ensure that there will be no switch of personnel after the presentation of demobilization documentation. BMSC conducts random on-site spot checks to ensure that the individuals at Bisha have ID cards, and that the individuals are indeed the rightful holders of the cards.

In the second quarter of 2010, early in the peak period of subcontractor employment at Bisha, BMSC also conducted an investigation of the living conditions at the subcontractor's camp. The results of the investigation indicated that residential conditions were substandard and that food inventories were low.

As a result, BMSC launched a complaint with the subcontractor's senior management. BMSC asked the subcontractor to improve housing conditions, and it did so. In addition, BMSC began providing food directly to the subcontractor camp at no cost to the contractor or its employees.

I should note that the subcontractor's employees also have access to free medical care at a BMSC-supported medical clinic located at the mine site.

We're aware that for 2012 the subcontractor has now established its residential camp at a different location from the one used in 2010. The current location is one that was formerly used by a North American exploration company. It's reasonably modern and was developed to North American standards.

Further, since January 2012 BMSC has provided the subcontractor's employees a hot midday meal at the mine site. The meal consists of an unlimited amount of food at no charge to the employees or the contractor.

With such measures, along with our policy of prohibiting conscripts, we have attempted to address our human rights obligations to the employees of our subcontractor.

Nevsun has only a limited ability to influence and control events in Eritrea, but neither are we without influence so long as we exercise it judiciously. We are practising the tried and true Canadian approach of quiet diplomacy. It is our policy that Nevsun at all times conduct itself in a forthright manner with the Eritrean government, and we intend to continue to do so while respecting the government's sovereign rights.

In summary, in this presentation I've described the valuable work that Nevsun performs in Eritrea and our unequivocal commitment to responsible operations and practices in Bisha, based on international standards of safety, governance, and human rights. I have reviewed BMSC's human rights practices and policies, which prohibit the use of military conscripts for labour at the mine. I've described BMSC's strict enforcement of that policy, especially as it pertains to the Eritrean subcontractor that the government requires BMSC to use. I have described the effort that BMSC took in 2010 to understand and improve the conditions faced by that subcontractor's employees.

I can assure you that Nevsun will continue to use whatever influence we have as a positive force for the people of Eritrea, both economically and socially. We will do so by working cooperatively with the Government of Eritrea and respecting the sovereignty of that government.

We believe our influence is best exercised by demonstrating in a non-confrontational manner that positive change is in Eritrea's best interest.

That concludes my presentation. Thank you for your attention. I welcome your questions.

1:15 p.m.

Conservative

The Chair Conservative Scott Reid

Thank you very much for the presentation, Mr. Davis.

Just by looking at the time we have left to us, I'm going to say that we have time for six-minute rounds of questions and answers.

We'll begin with David Sweet.

1:15 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Thank you very much, Chair.

Mr. Davis, thank you very much for your testimony.

I think, if I'm not mistaken, that you actually asked for this opportunity to be able to testify before this committee, so we appreciate that.

Can I ask you, how often have you visited the site yourself?

1:15 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

Many, many, many times; in the last several years, I've gone eight to nine times a year. This year I've gone five or six times so far, and I'm going in a few weeks from now. So I visit regularly.

1:20 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Give me an idea of the duration of your stays when you do visit, Mr. Davis.

1:20 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

In the country, it varies. In prior years it would vary from as short as a few days to a week to two weeks. More recently it has been an in-country average of about a week.

1:20 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

So when you make the statement that all who work at Bisha are there of their own free will, you've had the opportunity to be on the ground, to be able to talk to these individuals yourself, and know that there has been no undue pressure by the Eritrean government for them to be there for any reason other than they want to be there to work for you?

1:20 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

A significant system's in place...and if I may, I would just digress a bit. Back in 2008, when we really started this development project, we recognized that there was a potential national service issue with respect to the subcontractor, when we started employment with the subcontractor, engagement with the subcontractor. We hired an independent consultant that was recommended by World Bank institutions, and they developed a process—quite a comprehensive process. Over the past number of years, naturally, that process has even further developed. I mentioned some of it in my earlier statement.

We're very comfortable with our process. It's been very well enhanced and it's reactive, and it has been reactive, to any situations.

1:20 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Thank you.

I mean, you're working in an atmosphere.... You've probably read some of the testimony that we heard here before this committee regarding Eritrea and the amount of human rights violations in the country itself. Being positioned in the middle of that atmosphere, I was just wondering exactly the kinds of sophisticated systems that you'd have to have in order to make sure those things are happening, as you mentioned, with this consultant, etc., that you have hired. You've obviously put those into place.

I want to bring your attention to two items that I found after just minutes on the Internet. You had mentioned that no human rights organization had brought up anything to you. There have been two items now that have been posted on the Internet for, it looks like, over a year. There's “Asmarino Independent: the Revolution of the human spirit!”, and there's also a YouTube video regarding some alleged employees of your organization who made their way out of Eritrea and were interviewed.

I'll just repeat it here for you:The story that is emerging is a story of two different groups of workers: one mostly foreign, well-fed, well-quartered, well paid, well insured and working in a safe environment; and the other group: natives, poorly fed, poorly quartered, poorly paid, overworked, nominally insured and working in an unsafe environment.

Were you aware that this was out there publicly?

1:20 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

I believe you're referring to the allegations of an individual by the name of Ghebremeskel, who at one time was employed by the subcontractor. He was actually employed from late 2008 to late 2009, and we have verified that he wasn't actually employed by that contractor.

You may recall from my preliminary statement that we made investigations, starting in 2010, when we were actively involved in the development, about...and not reacting to those assertions at all. Rather, they initiated initially by our contractor on site due to productivity issues. That investigation was fairly challenging. In trying to make inquiries with the subcontractor, we asked to visit the site and interview some of their people at their camp. That was initially denied, so we had to comply with their framework of investigation.

We ended up investigating through further subcontractors. We found there were causes to some of that productivity, and some of the causes were some issues of substandard accommodation and lack of food.

We immediately reacted to that. We complained to the subcontractor. We supplied additional food to ensure that people were well fed.

So as soon as we were aware of the situation, and certainly well before these assertions came out on the Internet, we reacted accordingly.

1:25 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Thank you, Mr. Davis.

It appears that my time is—

1:25 p.m.

Conservative

The Chair Conservative Scott Reid

Just about up, Mr. Sweet.

1:25 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Yes.

Thank you very much, Mr. Chair.

1:25 p.m.

Conservative

The Chair Conservative Scott Reid

Mr. Jacob, you have the floor.

1:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Thank you, Mr. Chair.

Mr. Davis, thank you for being here with us this afternoon.

In your opening remarks, you stated some premises, namely that Eritrea is an underdeveloped country and that you must take into account the views of the government of the country in terms of its political sovereignty and as a business partner.

Apart from that, what concrete steps would your company be prepared to take…

1:25 p.m.

Conservative

The Chair Conservative Scott Reid

Sorry; some of the sound was lost there.

Mr. Jacob, perhaps you could start that again.

1:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Okay.

I understand that Eritrea is an underdeveloped country and that you must take into account the views of the government of the country in terms of its political sovereignty and as a business partner.

What concrete steps would your company be prepared to commit to in order to keep the current government at an ethical distance?

1:25 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

I'd like to comment on our principles of operation. We as a company can only control what we control. We do not influence government policy. What we do is we operate the Bisha mine, and we do so in a very ethical manner, according to international standards.

You may realize that this is the first modern mine in the country. When we established the operations, we established international standards. The Government of Eritrea was very, very supportive in ensuring that we as an operation did adopt those IFC social and environmental performance standards, and are very, very supportive of those.

1:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Thank you.

The Government of Canada, the United Nations, and the major human rights organizations have expressed concern at the human rights situation in Eritrea.

In your view, what are the most significant human rights issues in Eritrea?

1:25 p.m.

President and Chief Executive Officer, Nevsun Resources Ltd.

Cliff Davis

Well, I'm really here to comment on our operations and as we interact with the Eritrean population. I'm not as familiar with and able to comment on all the broad-reaching human rights issues that there may be within the country—

1:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

We have lost the sound.

1:25 p.m.

Conservative

The Chair Conservative Scott Reid

We have lost the sound again?

1:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Yes.

1:25 p.m.

Conservative

The Chair Conservative Scott Reid

I'm sorry, it appears that we lost sound, in the other direction this time. I wonder if you would just repeat your response.