5 th Alternative Mining Indaba

Transcription

1 CONCEPT NOTE 5 th Alternative Mining Indaba Our Resources, Our Future, Putting Local People First 4 th 6 th February, 2014 Ritz Hotel, Cape Town, South Africa Prepared by: Economic Justice Network of FOCCISA 1

2 1.0 CONTEXT OF THE AMI The African continent boasts an array of minerals. Research has shown that about 24 of the 53 African countries economies (45%) rely on the extractive industry as it is the largest foreign exchange earner in these countries 1. This industry is a source of employment; often providing education and health facilities and ordinarily catalyses the development of attendant infrastructure such as roads, power generation, railways and telecommunications services. Mineral resource extraction in Africa is more than a century old business and Southern African is renowned for its precious metals and stones such as platinum, gold, copper and diamonds. SADC s natural resources include minerals, oil, timber, fishery and water. Southern Africa is home to the second largest forest in the world (60 per cent of the Equatorial forest - second after the Amazon) is found in the DRC and also has a long coastal line. However, a glance at the region s progression in terms of human development as well as socio-economic s, advancement makes it difficult to believe the continent is so richly endowed. Despite all the abundance of natural resources, the quality of life of citizen in Sub Sahara Africa rank among the lowest globally (UN HDR, 2013). Clearly mineral wealth has not translated into better living and working conditions. Increasingly, workers have begun to question, and rightly so, whether they are getting equal pay for equal work. And worker agitation has resulted in industrial unrests characterising the sector globally. From the crippling August 1987 work stoppage in the South African gold and coal mines led by the National Union of Mineworkers (NUM) to the August 2012 Marikana massacre, miners are using various means to demand better wages and improved working conditions. Apart from worker concerns, mineral extraction has led to great environmental impacts. For example, diamond mining in Botswana leaves huge open pits which are a health hazard with negative social impacts. There are also concerns related to the BCL copper-nickel smelter at Selebi-Phikwe, which has had consistent problems with the levels of sulphur dioxide emissions that cause problems for nearby residents. Even though it has been argued that mining has brought development in Mozambique, Zambia, Zimbabwe and other countries in sub-saharan Africa, what is indisputable is that governments and the mining companies have been externalising profits while internalising environmental costs. Using cheap labour, mining companies are making huge profits to the detriment of workers. Communities are forcibly evicted and relocated from their traditional homelands. Communities have suffered loss of ancestral, agricultural and grazing land, thereby negatively affecting livelihoods, endangering food security and destablising social systems. Extraction activities have led to soil erosion, depleted water bodies, affected aquatic life, accelerated desertification, increased pace of river siltation, as well as polluting both water and air. Unfortunately, initiatives like the African Union (AU) s African Mining Vision (AMV) are yet to impact national mining policies and legislation. Undoubtedly, the AMV offers a framework of 1 Sinkala, T, Mining And Environment In Africa, UNEP June

3 dealing with challenges in the mining sector and integrating the sector more coherently and firmly into the continent s economy and society. Positive strides include the adoption, in December 2011, of an Action Plan for the realisation of the AMV by African Ministers responsible for mineral resource development, and the establishment of the African Minerals Development Centre to coordinate decisions and activities towards the realization of the AMV. The amount that Africa loses in illicit financial flows far surpasses the official development assistance it receives annually. For example, the Africa Development Bank and Global Financial Integrity reported (May 2013) that Africa lost over $1.4 trillion in illicit financial flows between 1970 and The African Union Commission (AUC) and UNECA established the High-Level Panel on Illicit Financial Flows from Africa in February In June 2013, over 60 delegates from Africa met in Lusaka, Zambia for a two-day panel discussion on illicit financial outflows. The high-level meeting, chaired by former South African President Thabo Mbeki, followed similar consultations held in Congo DR, Kenya, Liberia, Nigeria and Tunisia. The Lusaka meeting had representation from Eastern and Southern Africa and called for a stronger African voice on illicit financial flows. The scourge has been high on the agenda of developing countries, and many including Zambia, are slowly re-working their controls. Yet, the problem is also affecting developed countries as recent scandals involving multinationals such as Google, Amazon and Starbucks have highlighted. The 2013 Group of Eight (G8) leaders meeting developed the 10-point Lough Erne Declaration: 1. Tax authorities across the world should automatically share information to fight the scourge of tax evasion. 2. Countries should change rules that let companies shift their profits across borders to avoid taxes, and multinationals should report to tax authorities what tax they pay where. 3. Companies should know who really owns them, and tax collectors and law enforcers should be able to obtain this information easily. 4. Developing countries should have the information and capacity to collect the taxes owed them and other countries have a duty to help them. 5. Extractive companies should report payments to all governments and governments should publish income from such companies. 6. Minerals should be sourced legitimately, not plundered from conflict zones. 7. Land transactions should be transparent, respecting the property rights of local communities. 8. Governments should roll back protectionism and agree [to] new trade deals that boost jobs and growth worldwide. 9. Governments should cut wasteful bureaucracy at borders and make it easier and quicker to move goods between developing countries. 10. Governments should publish information on laws, budgets, spending, national statistics, elections, and government contracts in a way that is easy to read and re-use so that citizens can hold them to account. There are other processes going on both at a regional and pan-african level to ensure improved management of Africa s natural wealth. This includes the October 2013 Dialogue on Natural resource management and AU Agenda 2063 organised by the Africa Governance Institute, UNDP and AUC. 2.0 INTRODUCTION Africa is gaining momentum and seems unstoppable in its quest to reverse the resource curse. Civil society organisations including the faith and inter-religious groups are committed to consult each other, to strengthen collaborative efforts and exploit common ground in bringing accountability and transparency to the sector It is such singleness of purpose across Southern 3

4 Africa and beyond, that spurs people towards the annual gathering; the 5 th Alternative Mining Indaba (AMI) in The faith dimension to the AMI space and to the whole advocacy agenda in natural resource governance is very critical. Participants are invited to reflect on what the Scripture says about natural resource extraction and governance. The Bible teaches us to be caretakers and managers of nature by being good stewards. Similarly in Islam, fairness, ethical behaviour and solidarity are among the tenets advocated in their teachings 2. In addition, greed, in the form of exaggerated natural resource production and exploitation for example 3, brings about destruction. A key characteristic of good stewardship is acknowledging that the earth and all that is in it belongs to God (Psalm 24:1). Humanity is, therefore, called upon to employ good governance mechanisms to ensure equitable use and management of mineral resources and the proceeds there from. The Alternative Mining Indaba (AMI) therefore provides space to reflect on whether the captains of industry in the mining sector have indeed been good stewards through the way they execute business. Community concerns, environmental degradation, methods and consistency in payment of taxes, human rights concerns and sustainability are unpacked during this Cape Town gathering. The AMI can serve as the impetus for the adoption of the African Mining Vision by African Heads of State and Government and can contribute to its popularisation leading to enhanced accountability in its implementation. The 2014 AMI will in particular take stock of the gains that have been scored in various communities in southern Africa and internationally. We want to celebrate the gains that community action has scored as well as share possible conflict resolution mechanisms. 3.0 GROWTH AND PROGRESS OF THE AMI 3.1 Background to AMI Mining history on the continent tells a tale of revenue mismanagement and of mining communities being displaced with little or no benefit from the minerals extracted. The major challenge is the willingness to exploit natural resources in a sustainable development manner. Since 1994, financiers, investors, mining professionals, government officials, among others attend an annual meeting called the African Mining Indaba. This event, held in Cape Town, South Africa is said to be the preferred destination to conduct important business and make the vital relationships to sustain investment interests. Four years ago, faith based organisation (FBOs), inter-faith groups and civil society organizations (CSOs) in the Southern African region agreed to collaborate in raising concerns about the manner in which natural resources are extracted. The Economic Justice Network, through the Fellowship of Christian Councils in Southern Africa and others committed to mobilising faith communities to analyse the inconsistencies in the extractive sector by providing a platform where communities could freely discuss their experiences with mining activities. 2 Qur an 4:135 3 Ibid, 102:1-6 4

5 3.2 AMI 2010 In February 2010, about 50 participants from 20 civil society organisations held a roundtable discussion a few streets from where the Africa Mining Indaba was being held. This inaugural alternative space heard harrowing testimonies from those negatively impacted by unethical mining practices in Southern Africa. At the end, there was renewed impetus for representatives of CSOs present to remobilise and re-engage both communities and other stakeholders alike. From this first event the AMI, conceptualised initially as a movement-building initiative and awareness raising platform, has fast grown into a successful advocacy and lobbying entry point in several countries in Southern Africa. 3.3 AMI 2011 The highlight of this AMI was the march to the South African parliament on the last day whence the meeting s declaration was handed over to Hon. Fred Gona, then Chairperson of the Portfolio Committee on Mining. This immediately gave the platform an opportunity to begin engaging the committee on civil society concerns around mining in South Africa. Later that year, Tanzania held the first of the soon-to-grow national Alternative mining indabas. Participants had also visited the Eskom nuclear power plant in Koeberg. 3.4 AMI 2012 Inspired by the experiences and discussions from the 2012 AMI in Cape Town, four national AMIs were successfully held in collaboration with Christian Councils in Mozambique, Tanzania, Zambia and Zimbabwe. Significant outcomes included the Christian Council of Mozambique being invited by the Prime Minister for a round table discussion on how communities are being affected by mining. In Zambia, a march to the government and corporate-led indaba caused a standstill in Lusaka, the capital city, and resulted in astounding media attention. In Zimbabwe, representatives from the office of the Prime Minister participated in the deliberations and gained insights into the concerns around mining. 3.5 AMI 2013 The main highlight of this AMI was a reflection on the Marikana massacre of August Community members were given opportunities to share their experiences. The meeting reaffirmed the need to put people and the planet before profits and that governments must begin listening more to their people than the multi-national corporations (MNCs). As further testament to the growth in impact of the AMI, Zambia, Mozambique, Zimbabwe and Tanzania held consultations with communities living in and directly affected by extractive activities. The aim was to take the issues as close as possible to those who live under the proverbial mupundu tree. It was also after the 2013 AMI that the EJN was threatened with legal action by Africa Mining Indaba (through Messrs ENS Edward Nathan Sonenberg) for the continued use of the term Indaba, an African term for dialogue and which has been patented by the American company behind the Mining Indaba. The complainant alleged violation of the full enjoyment of rights by the defendant s continued use of Indaba. 3.6 AMI

6 Informed by the progress and impact made to date, EJN together with CSOs in the region, seeks to host a fifth AMI in Cape Town to get an update on efforts countries are making in avoiding repetition of the August 2012 Marikana Massacre, learn from and share experiences in localised advocacy, celebrate the gains so far and strategise on how to effectively engage both governments and investors in the extractive sector. Themed Our Resources, Our Future, Putting Local People First, the 5 th AMI will offer the space for further reflection on these and other related issues. Undoubtedly, the crisis in the mining sector in the SADC region is just but a tip of the iceberg and illustrates an awakening in the sector on the part of labour. Moreover, there is a realization that the indigenous people are making the corporates wealthier while they toil hours on end and live from hand to mouth. The paradox of plenty is very obvious and hence the strife in the mines. 4.0 OBJECTIVES OF THE INDABA The main objective of the 5 th Alternative Mining Indaba 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 will: a) Facilitate the exchange of experiences from communities on the gains scored in their advocacy and lobbying efforts; b) Follow up on developments in the Marikana Massacre; c) Share advocacy strategies on effective social activism; d) Engage on mining and its wider impacts especially on social protection, gender issues, labour and others; e) Hear the impact from the national AMIs held in 2013: the lessons, challenges and achievements of partners; f) Engage on practical steps to stem the financial haemorrhage in the mining sector; g) Review attempts being made to domesticate the African Mining Vision. 5.0 EXPECTED OUTCOMES AND OUTPUTS a) Advocacy strategies for AMI partners to hold the government and mining entities accountable with a view to improving transparency and accountability in the mining sector b) A declaration on CSOs expectations of governments, extractive companies and community in relation to various grievances in the mining sector. c) Improved media outreach - on the radio, television and print as well as social media d) A successful High Level Panel discussion aired live on local television e) Community testimonies, including an account of the Marikana Massacre and its causes f) Participants including faith and community leaders capacitated on taxation g) Increased understanding of on-going processes aimed at reforming mining regimes across the continent 6.0 TOPICS FOR DISCUSSION The following topics would constitute thematic sessions: 6.1 The Africa rising narrative. This session is expected to explore the growths in the extractive sector and, if at all, the trickledown effect. It will also discuss the illusion that there is economic growth and yet it cannot be felt, the prevailing high levels of corruption, increasing inequalities, governance issues as well 6

7 as the opportunities that the Africa Mining Vision provide. Politicians are using the growth argument to the point it is becoming convincing. Was this to hoodwink Africans? Can anything be done to redress this? 6.2 Community rights, key to empowerment This session will constitute case studies on various successes that have been scored in pursuit of community rights. There will be testimonials of how communities from South Africa, Tanzania, Zambia, Botswana, Mozambique, Angola etc are winning (victory for the small person). The session will also provide space for legal experts to share possible conflict resolution mechanisms. 6.3 Mining and social protection In this session, the impact of mining on various social sectors will be explored. Emphasis will be on mining and migration / labour, mining and health, mining and wages as well as women in mining. 6.4 Extractive financial flows, the CSO response We will continue discussions on financial flows due to extractive activities. However, instead of after taking a problem analysis approach in the previous AMI, the session could emphasise more on identifying available and viable options for CSOs. 6.5 Oil, Gas and forestry sector The meeting further resolved to have a panel discussion with each of the above sub themes. This was in the spirit of inclusiveness especially that the extractive sector includes oil, gas and forestry, and that there are countries whose main extractive activity is one or a combination of these three. 7.0 Targeted Stakeholders a) Faith Based Organisations and interreligious groups b) Civil Society Organisations, Civil Society Networks/Coalitions/Alliances c) Relevant government ministries and departments d) UN agencies and bodies e) Pan African organizations f) Mining communities and Community Based Organisations g) Academics, youths/students h) Media 8.0 BUDGET The 2014 is approximately R490, and will cover accommodation, air fares, shuttle services, conference hall hire, IEC materials, documentation and report writing, communication, stationery, among other costs. 7