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Report for the Alternative Mining Indaba 2014

Organised by

In partnership with: Norwegian Church Aid

Benchmarks Foundation and

Oxfam

Contents

Narrative Report for the Alternative Min ing Indaba 2014 . . 2

The Alternative Min ing Indaba 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Advocacy strategies to engage min ing companies . . . . . . . . . . . . 9

Annexure 1: Invitees by Country (see attachment) . . . . . . . . . . . 13

Annexure 2: 5th AMI Speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Annexure 3: Evaluation Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Annexure 5: 5th AMI Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Narrative Report for the Alternative Mining Indaba 2014

About the Alternative Mining IndabaThe Economic Justice Network (EJN) of the Fellowship of Christian

Councils in Southern Africa (FOCCISA) is an ecumenical organisation

based in Cape Town, South Africa. EJN was established in 1997 and the

organization’s vision is to harness African resources for its entire people,

with an aim to bring about economic justice through the transforming

agency of Christians compelled by the gospel of Jesus Christ. The

programme areas of focus are; Food Security, Debt And Justice, Trade

And Justice as well as Policy Advocacy.

When the Economic Justice Network (EJN) in collaboration with Bench

Marks Foundation (BMF), the Institute for Democracy in Africa (IDASA),

Ecumenical Service for Socio-Economic Transformation (ESSET), with

the support of Norwegian Church Aid (NCA) and Fredskorpset (FK

Norway), embarked on organising an Alternative Mining indaba (AMI) in

2010 it was from the realisation that with all its pomp and hype, the Cape

Town African Mining Indaba remains a definite and deliberate silencing

of the most critical and impacted aspect of this discourse, which is the

communities.

At the occasion of the first AMI in February 2010, John Capel, chief

executive of the BMF, said that the Cape Town African Mining Indaba was

“an opportunity to ignore the voices of trade unions and communities

affected by mining.”

His sentiment was echoed by Leshiba Seshoka, spokesman of the

National Union of Mineworkers (NUM), who said that, for the past three

years, the union had not been invited to the CT African Mining Indaba

and had been told it would have to pay to attend. “They felt it was less

important for us to attend. They are interested in labour for maximising

profit,” Seshoka said then.

Thus the AMI became an initiative aimed strictly at giving voice to a

constituency that was silenced by the figures and board room talk that

characterised mining discussions elsewhere and became the voice of

(the) Alternative Mining indaba (AMI)

... was (formed) from the realisation

that with all its pomp and hype, the Cape Town African

Mining Indaba remains a definite

and deliberate silencing of the

most critical and impacted aspect of this discourse,

which is the communities.

2 R e p o r t f o r t h e A l t e r n a t i v e M i n i n g I n d a b a 2 0 1 4

those who bore the expense of the mining operations, through exposure

to polluted air, water and soil, through disease and poverty, loss of lives

and making a living out of un-rehabilitated mining sites.

When the first Alternative Mining Indaba took place more than 40 people

were able to spend three days in deliberation; minuscule in comparison to

the high powered delegates that descended for the African Indaba. In the

last five years the AMI has used the platform to map the developments

in different countries and different mining sectors. Although remaining

smaller in size the AMI’s voices have been menacing enough to begin to

bring some of the issues discussed here into the mainstream discussion

of the Cape Town African Mining Indaba.

Fast forward to 2014 and the AMI has brought 200 delegates from across

the continent as well as those from Brazil and Burma. The AMI is meeting

as a follow up of five National Alternative Mining Indabas (NAMIs) held in

Tanzania, Botswana, Zimbabwe, Zambia and Mozambique, in 2013, with

other countries beginning to also organise at national level.

This year’s AMI was for the first time addressed by a speaker from the

“other side”, Aidan Davy of International Council of Mining and Metals

(ICMM). On the other end of the spectrum, one of the key participants and

advocates of the AMI, Mutuso Dhliwayo from Zimbabwe Environmental

Lawyers Association (ZELA) addressed the CT African Mining Indaba in

his capacity as a member and part of AMI in a session facilitated by the

ICMM.

But even if this is an achievement and points in the right direction, there

was still the spectre of tension among participants of the AIM 2014 that

highlights the fundamental differences between the two conferences. This

extension of a hand in friendship by the ICMM in creating a session which

allowed CSOs to speak at the main indaba, and which was headlined by

Archbishop Njongokulu Ndungane, who was keynote speaker at the first

AMI in 2010, was commendable and came from contact made at the

end of the AMI 2013. It unfortunately comes at a time when the African

Mining Indaba has threatened the AMI with legal action over the use of

the name “Mining Indaba” which its organisers claim to be exclusive to

them. This, we have interpreted as clear evidence of the big bully tactics

inherent among multi-national corporates to appropriate the little that

is left of the voice of the communities. The tactics being used by the

organisers are for many participants reminiscent of the bullying tactics

already experienced by marginalised mining communities. The Executive

Director of Economic Justice Network, Rev Malcolm Damon, in his

There was still the spectre of tension among participants of the AIM 2014 that highlights the fundamental differences between the two conferences. This extension of a hand in friendship by the ICMM in creating a session which allowed CSOs to speak at the main indaba, was commendable and came from contact made at the end of the AMI 2013

R e p o r t f o r t h e A l t e r n a t i v e M i n i n g I n d a b a 2 0 1 4 3

introductory speech stated that his organisation was prepared to go to

battle over the name.

The other part of the tension was also exhibited by AMI members who

viewed the new relationship with the CT African Mining Indaba through

collaborative presentations sceptically as they felt that their agenda was

being appropriated. In addition the narrative of ‘…there is more that unites

us than divides us…’ was met with questions of what that meant; if that

was the reality; and whether this implied that the movement approved the

extractive model as a sustainable business option. Participants present

were quick to question where such a stance would locate exploration for

alternative sustainable methods of livelihood for communities.

The indaba also brought to attention its widening focus by introducing the

Gas, Oil and Forests for discussion. This was in line with a broadening

focus on minerals to extractives, inclusively.

Lastly while the debate was lively and the organisers could easily identify

key success indicators ( i.e. increased numbers of participants and the

global broadening of participants’ representation) there was evidently a

notable agitation and a call for ‘real and immediate’ action particularly

by those who represented communities living with the horror of un-

rehabilitated mine shafts, polluted water, air and soil with no promise of

recourse. Speaker after speaker related how more tangible action was

needed and needed now, particularly in the context of case studies that

were shared at this platform and miners’ deaths reported in the line of

duty on the first day of the AMI.

In drafting the Declaration drafters took the cue categorically stated that

non-compliance and inaction in the face of community demands would

be followed by court action and naming and shaming.

In conclusion the AMI also noted the need to start conceptualising a

global body which would seek its power from the communities but would

strengthen the battles of the marginalised communities by using a strong

world movement.

The indaba also brought to attention

its widening focus by introducing

the Gas, Oil and Forests for

discussion. This was in line with

a broadening focus on minerals

to extractives, inclusively.


ObjectivesThe Economic Justice Network received funding from Oxfam GB (South

Africa), Oxfam America and Norwegian Church Aid for the hosting of the

5th AMI. The amount was augmented by other sources of funding and

a successful event was held. The main objective of the AMI is to provide

an international platform for civil society organizations (including National

Christian Councils and inter faith groups) to share experiences, mobilize

as well as motivate mining communities to strengthen their work on

advocacy and the development of strategic tools which empower them.

The people’s space seeks to:

• Allow communities to share their experiences

• Share advocacy strategies on how social activists and communities

have successfully engaged with mining companies resulting in

conflict resolution

• Ensure that participants are enlightened on the gender dynamics in

the sector and ensure that their advocacy work is reflective of this

• Hear the impact from the national AMIs which took place in 2013 –

the lessons, challenges and achievements of partners

• Critically discuss the regional concerns with regards to tax evasion

and similar leakages in the mining sector

The main objective of the AMI is to provide an international platform for civil society organizations (including National Christian Councils and inter faith groups) to share experiences, mobilize as well as motivate mining communities to strengthen their work on advocacy and the development of strategic tools which empower them.


The Alternative Mining Indaba 2014

IntroductionThe Fifth Alternative Mining Indaba (AMI) took place from the 4th to the

6th of February 2014 at the Ritz Hotel in Sea Point, Cape Town. The

theme for this year was, “Our resources; Our Future - Putting Local People First.”

An additional training day on Tax Justice was deemed necessary on

the 7th of February 2014, as it is inseperable from mining issues. The

AMI was attended by over 150 delegates. Participants from within Africa

came from Angola, Botswana, Cameroon, Democratic Republic of

Congo, Ghana, Kenya, Malawi, Mauritius, Mozambique, Namibia, South

Africa, Tanzania, Zambia, and Zimbabwe. Participants from outside the

African continent came from Belgium, Burma, Brazil, America, Canada,

Norway, Peru, Sweden and United Kingdom. The registration area with a

display of various resources, including training manuals from TJN-A was

used as an exhibition area and created awareness and visibility as to the

reality of mining communities.

Extracts from the AMI• The opening of the AMI by Rev Malcolm Damon, Director of

EJN, called for CSOs to take a stronger stance regarding continued

bullying by mining corporations. This statement was made in light

of the impending allegations of “passing off“ and subsequent threat

of legal action by the CT African Mining Indaba against the AMI.

Rev. Damon continued to say that, “EJN had opted to take a weak

position and response because should EJN have taken the Mining

Indaba more strongly, legal action would have meant the AMI would

not be held and this meeting… could have fallen apart. The irony

of that is that it would also elevate and boost the importance of the

AMI as a real threat to the Mining Indaba and reveal the discord

that exists between those who mine and those who live among the

mines… And I have been saying if they take us to court it will be

to our benefit, because it will just boost the AMI, so I need to put

that on record and we need to put it in the public space where we

Our resources; Our Future - Putting Local People First.”


can say we won’t stop using the name Alternative Mining Indaba

because this is our space so that the voices of communities can be

heard…”

• The keynote address by Dr Godfrey Kanyenze, LEDRIZ, Zimbabwe spoke to the positive prognosis of Africa by economists,

under the “Africa Rising” agenda. The speaker pointed out how

particular emphasis was placed on the discovery of untapped

natural resources on an unprecedented scale, and not necessarily

on the improvement of the quality of lives of Africans. He highlighted

the irony that less than half of the continent’s population survived

on US$1000 per person per year and that although the World Bank

highlights that this could be transformed by 2025, he argued that

this discrepancy pointed to the fact that the “The Africa Rising”

rhetoric was hyped and far from becoming a reality. But a counter

argument has pointed out that people still struggle to make ends

meet as they do in China and India, and most Africans no longer

fear a violent or premature end and can hope to see their children

do well. This, it argues, applies across much of the continent,

including sub-Saharan Africa, the main focus of the report, he said.

• A panel discussion provided for a plethora of insights into the AMI’s

theme, “Our resources; Our Future - Putting Local People First.” The speakers were:

Hon. Highvie Hamududu - Parliamentary Committee on Estimates

chairperson, Zambia

Dr Godfrey Kanyenze - Director of LEDRIZ, Zimbabwe

Matthews Hlabane - Mpumalanga (mining communities’

representative) South Africa

Carlos Bittencourt - Brazil

Ms Amina Miruko - Tanzania Moslem Association

Dr Kojo Busia – UNECA

• During the three days of the AMI, community voices were central

to the agenda, as it was vital to fully appreciate the dire situations

in communities. This agenda was further enforced by the National AMI (NAMI) Reports from Zimbabwe; Zambia; Botswana; and

Tanzania. Countries were encouraged to further the work of the

AMI by hosting these NAMIs nationally, thus allowing for a more

coordinated and forceful advance, compelling governments to have

a transparent approach towards the mining industry. Some key

highlights from the NAMIs were:

less than half of the continent’s population survived on US$1000 per person per year


Zambia: recognised that three main issues need to be addressed in

the resource management in the country:

1) Human rights

2) Mining tax, revenue and transparency and,

3) Environmental management and protection.

These were prompted by the fact that more than 20 percent of

Zambia’s poorest people live in communities rich in natural resources,

but they rarely share in the wealth.

Botswana: The report, presented by the Botswana Council of Churches,

sees mining as a justice issue as it relates to:

| Environment and climate change justice issues

| Displacement and compensation concerns – Basarwa in the

CKGR

| Wealth distribution (20% of Botswana live under poverty datum

line as at 2011)

| Mining and sustainable development issues

| Tax justice issues; ensure maximum tax benefits.

Tanzania: Religious leaders continued to advocate for taxation

issues by pressing the Tanzanian Government to work on their

recommendations through ‘The One Billion Dollar …Report’.

Religious leaders had an historical dialogue meeting with Tax

Authority Officials (Tanzania Revenue Authorities), mainly following-

up on recommendations given in the report. TRA officially reported

how they have appreciated the report and that they are currently

working on some recommendations, specifically the transfer pricing

problem.

A presentation by Aidan Davy, vice president of International Council

of Mining and Metals (ICMM) was novel in the sense that it was the

first time that a participant from industry accepted an invitation to

present at the AMI for purposes of collaboration and understanding.

Davy pointed out that the ICMM worked through a framework of

enhanced transparency and accountability which entails a robust

entry criteria and process, that was so rigorous in its admission of

members. ICMM also had a clear performance framework which

called for transparency of mineral revenues as well as consultation

1) Human rights

2) Mining tax, revenue and

transparency and,

3) Environmental management and

protection.


and involvement of indigenous communities. He pointed out that

although he was aware that there were two Indabas taking place,

his own sense after participating in both was that “there is more that

unites us than divides us.” He argued that issues of communities,

environmental and human rights issues were also taking centre stage

at the International Mining Indaba.

Some AMI participants were of the opinion that Mr. Davy failed to

fully appreciate the polarities of these two meetings in terms of the

importance of these agendas which they believe were not congruent.

Advocacy strategies to engage mining companies

• Cluster Thematic Sessions were comprised of the following:

Community Rights: Key to Empowerment; Mining and Social

Protection; Extractive Illicit Financial Flows: The CSO response and

Oil, Gas and Forestry Sectors.

Community Rights: Key to Empowerment

Mining and Social Protection

Extractive Illicit Financial Flows: The CSO response

Oil, Gas and Forestry Sectors

These sessions allowed the discussion and debate of various strategies

in smaller groups and contributed solutions to issues raised by the

communities in their testimonies as well as firm demands that would be

included in a declaration, which is attached as an annexure.

It allowed for participants to focus on at least one major issue at a time

and offer strategies that could be applied across the region. There was a

need to strategically create a balance between these aspects as mining

can indeed improve the lives of many if carried out in an accountable,

responsible and transparent manner.

In addition, side events by various organisations were organised to

strengthen the advocacy strategies of CSOs.

issues of communities, environmental and human rights issues were also taking centre stage at the International Mining Indaba.


Oxfam America: The event was aimed towards briefing participants on

the latest advancements in mandatory extractives payment reporting, how

it works, examples of the potential benefits of transparency to civil society,

industry and governments, and to discuss opportunities to expand this

reporting to other markets, such as South Africa. The event served as

an opportunity to begin an informed, public debate in South Africa on

the potential benefits of a mandatory reporting regime. Melissa Lawson

(Tearfund Foundation) and Isabel Munilla (Oxfam America) presented

the first session, pointing to the fact that “corruption undermines an

economy.” Sierra Leone was referred to as a prime example of corruption

undermining the potential growth of a country. The Extractive Industries

Transparency Initiative (EITI) has not been adopted by South Africa.

Pia Gratin from the Mining Association of Canada (MAC) informed the

meeting that the mining industry in Canada agreed to mandatory reporting,

which provided a greater sense of encouragement to participants and

greater confidence to lobby their governments. However, a weakness of

EITI, being its voluntary compliance, was noted as limiting its potential to

holding countries accountable.

Legal Resources Centre, Cape Town: At the event, the LRC discussed

its recent landmark silicosis settlement against Anglo American South

Africa. This contributed to the growth of further legal strategy on issues

pertaining to silicosis1, the mining industry and business and human

rights. Inter alia, they proved that the mining company was cognisant of

the risk of silicosis and that their “safety measures were inadequate.”

AIDC: This initiative was entitled, “Destructive Mining: Communities

Speak Out about Impacts and Alternatives.” The critical opinion of the

Extractivism model of development is due to the fact that it “…is centred

upon the over-exploitation and exportation (with no or minimal processing)

of increasingly scarce and non-renewable natural resources often in

countries and areas considered to be “underdeveloped”. Communities

affected by this model spoke out against the current regime, calling for

development alternatives which support local and regional development

needs, food sovereignty, support for and the reorganisation of the work

of social reproduction, low intensity and smaller scale extractives projects

with minimal social and environmental impacts.

1 “…is a form of occupational lung disease caused by inhalation of crystalline silica dust, and is marked by inflammation and scarring in the form of nodular lesions in the upper lobes of the lungs. It is a type of pneumoconiosis.” Taken from http://en.wikipedia.org/wiki/Silicosis [accessed on 8 February 2014].

potential benefits of transparency to civil

society, industry and governments,

and to discuss opportunities

to expand this reporting to other

markets


Above: Protestors in front of the Cape Town International Convention Centre, where the CT African Mining Indaba is held annually.

Above: Rev. Susan Matale, one of our clergy.

R e p o r t f o r t h e A l t e r n a t i v e M i n i n g I n d a b a 2 0 1 4 1 1

Recommendations and DeclarationThe 5th AMI achieved the following:

• Debated and analysed government policies and programmes for

redressing environmental impacts of mining activities as well as

compensation issues for communities affected by mining activities;

• Broadened our understanding of economic and financial policies

that facilitate tax avoidance and evasion in the mining sector such

as transfer pricing;

• Shared experiences and justice and peace promoting strategies

about the need for a new framework which puts people,

environment and communities at the centre of development and not

profits.

Prior to the meeting, EJN received a request from Economic Freedom

Fighters (EFF) to join our march, after being denied a permit. This appeal

was declined, as the consideration of any political affiliation would

compromise the motivation behind the AMI. The three-day Alternative

Mining Indaba 2014 culminated in a peaceful march from St. George’s

Cathedral to the venue of the CT African Mining Indaba. The march

ended when the Declaration was read out at the venue and to media to

distribute.

The AMI ended with national plans, specific strategies and campaigns

that would be carried out between the AMI 2014 and 2015. Some were

actions that could be carried out by partners while others related to EJN

and the organisers.

The AMI will encourage mining communities to confront their own

governments and mining corporations by engaging in advocacy activities

discussed at the AMI and holding dialogue with governments as

discussed at the AMI. The AMI therefore serves as a clearing space where

various challenges are discussed through testimonies and solutions are

found through the growing number of experts that have made the AMI a

successful annual event.

The AMI will encourage mining

communities to confront their own governments and

mining corporations by engaging in

advocacy activities discussed at the AMI and holding

dialogue with governments as discussed at the

AMI.

1 2 R e p o r t f o r t h e A l t e r n a t i v e M i n i n g I n d a b a 2 0 1 4

Annexure 1: Invitees by Country (see attachment)

Annexure 2: 5th AMI Speakers

Agenda Item Speaker Sex Country

Day 1

Opening remarks with devotion/reflection Rev. Malcolm Damon Male

South Africa

Keynote address: Africa Rising Narrative

Dr. Godfrey Kanyenze MaleZimbabawe

Panel Discussion Dr. Kojo Busia Hon. Hamududu Dr Godfrey Kanyenze Matthews Hlabane Carlos Bittencourt Ms Amina Miruko

MaleMaleMaleMaleMale Female

EthiopiaZambiaZimbabweSouth Africa BrazilTanzania


Emily GreenspanMatome Kapa Teboho Sepogodi John Capel

Female MaleMale Male

AmericaSouth AfricaLesothoSouth Africa

Mining and Social Protection David van WykRantso Mantsi Vama Jele Samantha Hargreaves

Male MaleMaleFemale

South AfricaSouth AfricaSouth AfricaSouth Africa

Extractives Illicit Financial Flows: The CSO Response

Tafadzwa ChikumbuEdward Goma Ian Gary

Male Male

ZambiaAmerica

Oil, Gas and Forestry Sectors Filomeno Vieira Adri-ano Nuvunga Thelma Nkosi Susan Kirimania

Male Male Female Female

Angola Mozambique South AfricaZambia

Day 2


Jessica EvansHenk SmithMario

Female MaleMale

USA South AfricaBrazil

Mining and Social Protection Rob Pitman Dr. Kojo Busia. Taku Fundi-ra

MaleMaleMale

UKEthiopiaSouth Africa

Extractives Illicit Financial Flows: The CSO Response

Masiiwa RusareSavior Mwambwa Male

Male

South Africa Kenya

Oil, Gas and Forestry Sectors Nelson Pesta-na Filomeno Vieira Dr. Adriano Nuvunga Susan Kiri-mania Carlos

Male Male Male Female Male

Angola Angola

ZambiaBrazil


Day 3

March to CTICCALL Male and

Female

Plenary and post march deliberations ALL Male and

Female

Day 4

Facilitator Savior Mwambwa Male Kenya

Moderator:

National tax policy systems: Mining and taxation

Initiatives for combating IFFs

Edward Goma

Michelle Pressend

Tafadzwa Mabenge

Male

Female

Female

Zambia

South Africa

Zimbabwe

Moderator

Zimbabwe Network Against Illicit Flows

Presenting CSOs and their current work on IFFs

Veronica Zano Female

Zimbabwe

Moderator

Designing a National Strategy- Opportunities for engagement at National Level

Momodou Touray Male

Zimbabwe

Moderator

Towards a regional Strategy-Opportunities for Engagement at Regional and International Level

Tax Justice Capacity Building needs assessment :( What are the training needs in the coming months?)

Brief Introduction to the TJN-A Tax Justice online toolkit

Savior Mwambwa Male Kenya


Annexure 3: Evaluation Summary

Evaluation Form 1 = strongly disagree 4 = strongly agree

1 2 3 41. The workshop venue was:

a) Comfortable

b) Well located

c) Food and refreshments were adequate

3% 6% 48% 39%

0% 6% 21% 57%

0% 18% 42% 45%

2. The workshop content was:

a) Relevant

b) Comprehensive

c) Easy to understand

0% 3% 36% 60%

0% 3% 57% 33%

0% 3% 54% 33%

3. Workshop hand-outs/materials:

a) Supported presentation material

b) Provided useful additional information

c) Were clear and well-organised

6% 12% 30% 42%

3% 9% 39% 36%

3% 9% 45% 24%

4. The workshop was:

a) Well-paced

b) Breaks were sufficient

c) A good mix between presentations and discussions

0% 18% 54% 18%

0% 15% 39% 36%

0% 9% 45% 33%

5. The workshop was appropriate for networking

0% 3% 24% 60%

6. The facilitators were:

a) Knowledgeable

b) Well-prepared

c) Responsive to participants’ questions

0% 3% 24% 67%

0% 6% 30% 57%

0% 6% 54% 33%


Participants provided useful comments regarding the overall strengths

and weaknesses of the AMI. A Planning Checklist will be used as a

guideline as we commence planning for AMI 2015 within the coming

months.

Among the strengths are: • The level of interaction during breakaway sessions

• Country perspectives

• Networking opportunity

• The march to the CTICC

• The theme and its contents

• The diversity of the delegates represented

• The method of community mobilising and campaign activity

• The openness and interest from everyone.

Among the weaknesses are:• The choice of venue which, although central, did not offer quality

service and catering

• Increased representation from individual organisations

• Conference package to include reports and other important

communique

• No government representatives

• Side events running over 2 hours are too long, after being in

sessions all day

• Better organisation by the organisers.


Annexure 5: 5th AMI Declaration

The Alternative Mining Indaba“Our Resources, Our Future, Putting Local People First”

Cape Town, South Africa 4th to 6th February 2014

DeclarationWe, representatives of Civil Society Organisations; Faith Based

Organisations, Pan-African Networks and Organisations, Labour

Movements, media, international partners and Community Based

Organisations;

Having gathered at the Ritz Hotel, Cape Town on the occasion of the 5th

Alternative Mining Indaba (AMI) from 4th to 6th February, 2014, express

our deep concern in how development is shaping investment including

extractives and the continued limited contribution of the extractive sector

in the development agenda of African Countries especially to the lives of

ordinary people.

The representative persons from organisations in Africa, Latin America,

Asia, and Europe met and reaffirmed their belief in a society that puts

people first before profits. Once again we find ourselves confronted

by corporate greed and the lack of government will in protecting the

environment, social and economic well-being of communities.

We stand in solidarity with workers, women and men, young and old,

who have lost their lives and livelihoods as a result of unscrupulous mining

companies, and demand the protection of the rights of communities and

particularly defenders of rights, who continuously suffer under oppressive

regimes. We are especially saddened by the mining deaths yesterday

of 8 miners at Harmony Gold mines in South Africa and a woman at

Grootvlei mine.

We note with dismay the continued rush for profits by rent-seeking Trans-

national Corporations (TNCs) at the cost of both human and animal life

and the complete destruction of the environment and other sources of life

such as rivers and the air;


Above all else, we are appalled by the inhumane attitude displayed by the

leaders of the corporations towards other forms of life and fellow humans

and the poor stewardship over the land and environment.

We continue to note with concern, that the African Mining Indaba (being

held at the International Convention Centre in Cape Town), has once

again excluded the true owners of the land from their conference, and

warn that severe hardship, social conflicts and unsustainability will result,

when our land and heritage is sold at the altar of foreign governments

and transnational corporations.

Conference organisers reported at the African Mining Indaba has over the

past year attempted to stop us from using the phrase Alternative Mining

Indaba, which runs contrary to free speech granted by our constitution.

As civil society representatives, committed to building a society based

on socio-economic and political justice and the values of Ubuntu, we

have an inalienable right to speak and organise wherever we want. It is

worth mentioning that the word Indaba is not a thing to be privatised.

For us it is not just a word, but a means of Africans getting together,

thinking, sharing and working out solutions together. This was evident in

our deliberations.

We further acknowledge

That African government leaders, through the African Mining Vision,

are attempting to rationalise how mining in Africa is done. The AMV is

the primary framework for mining in Africa and a source of hope for

leveraging the development of the continent. It must take its starting point

the lived experience of mining in our continent, as well as the aspirations

of equitable sustainable development.

In addition, to ensure the AMV works we must deal with the power of TNCs

who are a source of conflict in Africa. We also warn all governments and

investors, to not only see mining as a cure for all our socio-economic and

political ills. We have learnt that mineral extraction is used for perpetuating

inequalities rather than bringing about a solidarity society.

The Alternative Mining Indaba deliberated on a range of themes that

included community rights-a key to empowerment; mining and social

protection, extractives –illicit financial flows, oil, gas and forestry sector.

These are some of our concerns:


1 . Community rights-a key to empowerment;vii. We note with concern that communities continue to be

marginalised in matters affecting their own lives. In South Africa

for example, communities are excluded from being participants

in Social and Labour Plans, matters which speak about

community infrastructure and economic well-being. This is anti-

democratic, and reinforces colonial and Apartheid practices. A

truly democratic legislation will ensure that people remain the

centre of their own development.

viii. We continue to learn of the continued impoverishment of mining

communities, and labour sending communities, in contrast

to the mass profits of the share-holders and chief executive

officers.

ix. Communities continue to cry out against the new rush for

mining and extractives profits, which defy all norms of fair play,

consultations and negotiations with communities.

x. We have observed a blatant disregard for human rights and

a continued externalisation of mining costs. Whilst profits are

privatised, the true costs to health, environment, ecology,

economy and social wellbeing of workers and communities is

ignored in law and practice by the elites in our communities;

xi. Instead of Free Prior and Informed Consent (FPIC), we find

sham consultations and agreements with un mandated

elites circumventing full participation of the communities in

determining whether mining should take place or not. For us

FPIC is not a once-off process, but continuous processes of

negotiating and consulting with communities on matters of

importance to them. FPIC also means the right to say NO to

mining and we urge governments to ensure that communities’

wishes are respected and the alternatives funded, so that

communities are not punished for choosing alternatives to

mining.

xii. We have resolved to name and shame companies that are

found to have violated Human Rights and Environmental Rights

at every gathering we have, which will be followed by cases

being laid against the company


On customary law;

xiii. We reject the current practice which gives individual and

unelected chiefs all the powers over the resources to his or her

community.

xiv. We further call on governments to mobilise the political will

and recognise and use customary law which will assert the

customary laws and entitlements of the community as equal

to statutory regulation. This will grant communities greater

rights than corporations to own, and utilise their own natural

resources. We trust our governments and law makers will

read into these values of our progressive constitutions such

as community entitlement, anti-racism, anti-sexism and equal

rights for women.

2. Min ing and socia l protection , i. Whilst shareholders and CEOs have raked in millions, mining

communities remain trapped in extreme poverty and inequality.

We call for extreme and urgent measures to relieve hardships

in the short term, and to lay the basis for sustainable socio

economic development which does no harm to the ecology,

local communities and their wellbeing.

ii. We call for a critical review of the whole system of revenue

collection and distribution, royalties, to evaluate if it works,

where it works, and how it works on the continent. Participants

acknowledge that the implementation of these are adhoc, non

transparent and generally yield no benefits to communities.

iii. We also call on governments to regulate the corporations

without fear or favour, and ensure that mining and other

extractive companies are held accountable for the true costs of

mining as they impact on local communities and individuals.

iv. We learnt about the value of a universal incomes support and

will be studying the possibilities for a SADC wide Basic Income

Grant as a temporary measure to alleviate destitute poverty

as more comprehensive forms of sustainable decent work are

being explored


Fighting Corruption, maladministration

v. Corruption and mismanagement of our natural resources

undermines sustainable development and is a loophole for

corrupt and unscrupulous individuals in government and in

corporations. We call for community vigilance in exposing these

acts and ask the law enforcement agencies to prosecute those

found wanting.

vi. Communities are debating setting up a Community fund to

galvanise their resources and strategies to effectively challenge

corporate power. One area of work is litigation which we hope

will systematise how we challenge corporate abuses of the

environment and communities in our countries, on the continent

and in international tribunals.

Beneficiation

vii. In lieu of the three spheres of sustainable development, namely

environment, social and economic impacts, the governments

should embrace the concept of beneficiation that entails value

addition and the transformation of a mineral to a higher value

product, which can either be consumed locally or exported.

viii. We call on all the national governments of different countries to

beneficiate all the minerals with a large share of development

being vested for hosting communities as prescribed by

negotiations with the communities; the beneficiaries of all

extractives must first of all, benefit communities before other so

called stakeholders, but it must cause no harm to the ecology.


3 . Extractives –I l l ic it f inancia l f lows , The Alternative Mining Indaba expressed outrage, when they learnt that

more than half (56%) of IFFs (estimated at USD 50 billion per annum)

from the African continent arose from oil, precious metals and minerals,

iron and steel and copper. These illicit flows in the extractive sector are

by and large facilitated by corruption, illegal resource exploitation and tax

evasion and avoidance. Thereby benefitting corrupt government officials,

TNCs and their subsidiaries.

i. We call on African governments to prioritize the scourge of

illicit financial flows in the mining sector by strengthening the

capacity of regulatory institutions in order for these Institutions

to effectively carry out their work in identifying and curbing illicit

financial flows.

ii. Governments must redouble their commitment to strengthening

and enforcing tough disclosure measures that are timeous,

transparent, and accountable to parliament and communities.

We believe it is high time, to enact legislation that promotes

mandatory reporting of revenue payments on production

figures, sales, profits and taxes paid by all `Transnational

Corporations in all jurisdictions where they operate in their

audited annual reports and tax returns and for governments to

make public this information to the general citizenry. For this to

be effective, government should build the capacity of regulatory

institutions to carry out their own independent audits to validate

reports of the companies.

iii. We call upon all governments in particular African to enact

legislation that prohibits public officials from engaging in

business activities, owning shares or sitting on a board of a

company or companies that will conflict with or compromise

their public responsibilities in the sectors that they are supposed

to be regulating.

iv. We demand complete transparency of Beneficial Ownership/

registry of TNCs in order to make public the control, accounts

of companies, Trusts and foundations in each jurisdiction they

operate in.

v. We call on our governments to embrace Automatic Exchange

of Tax Information amongst governments. This shall be done by


collecting data from financial institutions on the financial assets

within their domain and automatically provide it to governments

where the non-resident individual or entity beneficially controlling

the structure is located.

vi. We call upon African governments to harmonise laws that deal

with the offences for money laundering including tax evasion

and fraud, as well as crimes committed both at home and

abroad.

4 . O i l , gas and forestry sectori. We note the new fad that is taking root in the world, is fracking.

We oppose fracking, because it pollutes the water supply and

distorts the ecosystems supporting our livelihoods.

ii. Land and Agrarian transformation. Communities spoke out

against current iniquitous land laws in many countries where

ownership only refers to surface land. We also learnt that the

new scramble for Africa’s resources start with land grabbing

- which undermines not only our food sovereignty, but also

communities capacity to sustainable livelihoods. We demand

genuine land reform, and fair and equal compensation for those

evicted to make way for mining. Even this decision must be

subject to communities’ approval. It is women and child who

are most affected by evictions and displacements caused by

these land grabs.

iii. Energy. More resources must be made available to poor

communities to reduce their reliance on charcoal burning.

The concept of energy sovereignty which provides for small-

scale, community-owned, participatory, renewable energy

solutions must be provided. These alternatives including solar,

wind, water, etc. can be sources of energy that put the needs

and aspirations of people and their communities, and the

environment above the race for profits.


Way forwardWe, civil society, Faith Based organisations and communities, from

Zambia, Zimbabwe, South Africa, Tanzania, Botswana, Namibia, Kenya,

Malawi, Burma, Brazil, Mozambique, United Kingdom, Sweden, Canada

and Norway, Lesotho, Swaziland, Angola, ;

• Commit to fight for these demands and will meet again to

evaluate our progress next year. To ensure implementation of this

programme, we call on communities to meet in national mining

indabas which will build unity amongst various communities and

other civil society organisations so that we can effectively monitor

and ensure corporations become accountable to communities, and

the wider society.

• Recognise that our strength lies best in unity, we have resolved that

to best achieve the results we will rally more faith communities to

join hands with us in the struggle to protect integrity of creation as

God has bestowed trust in all of us, particularly the faith community

who are best placed to exhort the fulfilment of the prophetic role as

we pray and advocate for change.


Rapporteurs: Itai Masuku and Associates

Author of Final Report: Adv. Johnlyn van Reenen

P 0 Box 2296, CAPE TOWN, 8000

Tel: +27-21-424 9563 Fax: +27-21-424 9564 Email: [email protected]

(Registered in RSA as a Non-profit Organisation (NPO 057-177)

& Public Benefit Organisation (PBO 930-028-984)

Documents

Report for the Alternative Mining Indaba 2014 › wp-content › uploads › 2015 › 11 › ... · Mining indaba (AMI) ... was (formed) from the realisation that with all its pomp