Alternative Mining Indaba February 2018 Dr Rene Loewenson Training and Research Support Centre in EQUINET

Transcription

1 Alternative Mining Indaba February 2018 Dr Rene Loewenson Training and Research Support Centre in EQUINET

2 Mining linking us to globalisation and health By 2008, developing countries were transferring about a trillion dollars more a year to wealthy countries than they received in FDI The opportunity.. Significant growth in EIs The reality.. Weak local socio-economic benefit Cgreenhaf 2012 Tete city, Cahora Bassa and Moatize calorie adjusted poverty rates higher in 2007 than districts that were worse off in Limited job creation, linkages with local production, limited fiscal contributions, high population displacement, occupational and environmental risks

3 2009 African Union (AU) African Mining Vision policy intention A mining sector that amongst other issues is safe, healthy, gender and ethnically inclusive, environmentally friendly, socially responsible and appreciated by surrounding communities.

4 Direct health risks in EI activities Mining Potential Risks and vulnerable groups Coal Air pollutants (CO2, nitrogen,sulfur oxides, hydrocarbons) - eyes, nose and throat irritation; lung and skin disease for workers and communities Radionuclides - lung cancer; gastrointestinal problems; Burns, falls, injury accidents, including transport accidents Water, soil and air pollution - from waste spills, fly ash spills, mercury, cadmium, copper, nickel, ammonia and fluoride. Income differentials and insecure employment can increase alcohol consumption, commercial sex work and STIs in mine communities. Gold Accidents, injury, mechanical risks Silica dust and arsenic - lung disease and lung, liver, and oesophageal cancer. Mercury contamination of water, soil, food - lung, gastrointestinal, neurological, renal disease, reproductive risks. Elevated TB risk. Uranium Uranium particles, radon gas bronchial, lung cancer, silicosis leukaemia, stomach cancer, chromosome mutations, birth defects. Radioactive contamination of groundwater, use of mine waste rocks for roads, radioactive metals by locals for utensils - birth defects, cancer and immune impairment. Loewenson et al 2016

5 Wider public health impacts Rapid population growth, displacement, pollution, poor living conditions with limited public revenue for infrastructures and services raising environmental and epidemic risks, limiting care TARSC 2014

6 ICESR: States Parties recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health E Jansson Public health law: Every natural, juristic person or any other corporate person established at law has the duty to avoid harm to public health In matters of public health Provided that where any other law is in conflict or inconsistent with this Act, this Act shall prevail.

7 International standards for health in EIs 1. Consultation, impact assessment and protection of health in negotiation of prospecting rights 2. Health and social protection of displaced communities 3. OHS for employed workers and sub-contractors 4. Health benefits for workers and their families 5. Environmental, health and social protection for surrounding communities, and remedy for harm 6. EI fiscal contributions for health promotion and care 7. Fair local benefit from EI activities; and 8. Transparent, democratic and accountable governance of these issues, by government, civil society, affected communities and industry, on an equal footing.

8 SADC UNECA harmonisation of standards, 2004 Member States should develop, adopt and enforce appropriate and uniform health, safety and environmental guidelines for the sector as an immediate milestone area. Not just for HIV, TB and OHS but for public health generally

9 Analysis of laws in ESA countries 1

10 Analysis of laws in ESA countries 2

11 So how far do our laws protect health? Area of law Consultation and health protection in granting prospecting rights / licenses Health and social protections in relocation of affected communities OHS for employed workers / contractors Health benefits for workers and families Environment, health and social protection for surrounding communities Health benefits for surrounding communities Fiscal contributions from EIs for health and health services Post-mine closure obligations General governance issues Level of protection Environment impact assessment provided but not health or social assessment Poorly provided for OHS for formal workers relatively well covered Limited duty for health benefits or health care coverage for workers and their families Environmental protections provided; Social and health protections more limited Most countries have no duty for mines to ensure health services for surrounding communities Limited duty to make tax contributions for health. Tax duties but with options for exemption Limited provision for health duties post closure Participation and information rights in environment and transparency laws

12

13 EQUINET, SATUCC, SADC CNGO and Benchmarks Foundation AMI SIDE SESSION: Advancing public health rights, claims and standards in mining QUEENS 1 Tuesday 6 February