In 2016, my Freedom Fund colleagues and I met with lawyers preparing to represent three Eritrean refugees in a case against Nevsun, a Canadian mining company. The men alleged they had been conscripted through Eritrea’s military service and forced to construct a gold, copper, and zinc mine. According to the lawsuit, they and a thousand others were subjected to violence and inhumane treatment, forced to work 12 hours a day and beaten with sticks. Nevsun claimed they had never used forced labor and argued that since the abuses occurred in Eritrea, the case couldn’t be tried in Canada. This is where strategic litigation comes in.

Although academics have described Canadian mining companies as operating with “effective impunity” for human rights abuses abroad, the lawyers believed they had a chance, and we provided a grant for their legal costs. Ultimately, the Supreme Court set a precedent by ruling that Canadian companies operating abroad could face legal action in Canadian courts for violations of customary international law, including forced labor. In 2020, Nevsun agreed to a confidential settlement with the plaintiffs outside of court.

Cases involving strategic litigation like this one — and the investigations and ecosystem-building work they require — can deliver justice while also rewriting the rules for entire industries. For donors claiming to embrace risk-taking and big bets, strategic litigation is a compelling investment opportunity.

Since 2015, the Freedom Fund has supported more than 20 legal cases related to modern slavery, funding everything from preliminary research and gathering evidence to case filings, appeals and wrap-around support for the individuals involved. We see these cases as key strategies to influence corporate behavior, protect vulnerable groups, and hold companies accountable for human rights and climate harms.

The cases we support are deemed “strategic” because they are filed with a larger ambition to promote societal and legal change, beyond bringing justice to the plaintiffs. Strategic litigation lawsuits are often brought with support from civil society organizations, and they tend to be more impactful when used alongside tactics like advocacy, media campaigns, complaints to regulatory bodies, and investor and consumer engagement. With more donor support, civil society could fully harness this mechanism to protect millions more workers.

Read the full article about embracing strategic litigation by Nick Grono at The Center for Effective Philanthropy.