Countries

African Court to hear Ogiek community land rights case against the Kenyan government

African Court to hear Ogiek community land rights case against the Kenyan government
 
27th and 28th November 2014, Addis Ababa, Ethiopia

The African Court on Human and Peoples Rights is set to hear on Thursday November 27 and 28, 2014 in Addis Ababa, Ethiopia a case brought before it by the Ogiek peoples against the Kenyan government for consistent violations and denial of their land rights.

The Ogiek are one of the last remaining forest-dwelling communities and one of the most marginalised indigenous peoples in Kenya.  The Ogiek allege violation of their rights to life, property, natural resources, development, religion and culture by the Kenyan government under the African Charter on Human and Peoples' Rights, to which Kenya is a signatory.

The Court will also be asked to consider the crucial role of indigenous peoples in the conservation of land and natural resources.  
This is the first time the African Court, in operation since 2006, will hear an indigenous peoples’ rights case and indeed is one of the first ever Court cases.  

The case was originally lodged with the African Commission and Human and Peoples' Rights, but was referred to the Court on the basis that it evinces serious and mass human rights violations.  MRG, the Ogiek People’s Development Program (OPDP) and CEMIRIDE were the three original Complainants before the African Commission, and MRG has been granted permission to deliver an oral intervention during the hearing.  

“This case is another example of a seemingly powerless community that decides to pursue justice no matter how far or how long it takes,” says Minority Rights Group International’s Head of Law, Lucy Claridge. “It illustrates the need for governments globally to recognise minority and indigenous peoples’ rights over their ancestral land and natural resources,” she adds.
 
Since independence, and indeed prior to it, the Ogiek have been routinely subjected to arbitrary forced evictions from their ancestral land in the Mau Forest by the government, without consultation or compensation.  This has had a detrimental impact on the pursuit of their traditional lifestyle, religious and cultural life, access to natural resources and indeed their very existence as an indigenous people.
Prior to their eviction, the Ogiek had a spiritual, emotional and economic attachment to the forest. They relied on it for food (hunting game, honey), shelter and identity (source of medicines, honey used in cultural practices).

In March last year, the African Court on Human and Peoples’ Rights issued a provisional measures order requiring the Kenyan Government to stop land transactions in the Mau Forest and refrain from taking any action which would harm the case, until it had reached a decision. The court, while delivering its ruling, found that, if the evictions continued, there existed a situation of extreme gravity and urgency as well as a risk of irreparable harm to the Ogiek .

Mau Forest is one of the largest indigenous forests in East Africa. The Mau Forest complex has an area of about 480000 hectares (1,200,000 acres) and is home to an estimated 30,000 Ogiek  who are the indigenous owners of the land. The forest area has some of the highest rainfall rates in Kenya.

According to Daniel Kobei, the Executive Director of Ogiek People’s Development Programe, a local NGO at the forefront of defending Ogiek rights “After years of discrimination, marginalisation and threats to Ogiek identity and existence, this hearing represents a significant step towards the realisation of justice for our people, the Ogiek.”

Notes for editors:

•Minority Rights Group International is a non-governmental organization working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide

•For more information please contact:

MRG Press Office in Africa – Frederick Womakuyu
T: +256 312266832
M: +256 782934003
E: This email address is being protected from spambots. You need JavaScript enabled to view it.

Lucy Claridge, MRG Head of Law
M: +44 (0) 7866 741922

Daniel Kobei, OPDP Executive Director
M: +254 72 2433757
T:+254 51 2213803
E:  This email address is being protected from spambots. You need JavaScript enabled to view it.   This email address is being protected from spambots. You need JavaScript enabled to view it.

You can watch proceedings live on: http://www.livestream.com/afchpr   

See more at: http://www.minorityrights.org/11822/press-releases/african-court-issues-historic-ruling-protecting-rights-of-kenyas-ogiek-community.html#sthash.o3VixgPE.dpuf

Algeria

In Africa Algeria is the leading producer of natural gas (41.5%), fourth largest producer of slab zinc (8.94%), leading producer of diatomite (78.8%), second largest producer of barytes (7.45%), gypsum (26.2%), feldspar (27.5%) and kaolin (7.84%), fourth largest for bentonite (19.4%) and  fifth largest for phosphate rock (4.36%).



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

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Legal overview:

Algeria

Jurisdiction: Combination of Islamic Law and Civil Law.

Algeria is actively pursuing economic diversification away from oil and gas and by encouraging domestic and foreign investment. It is a highly prospective mining industry, particularly for base metals, iron and gold. Algeria introduced a new mining law in 2001. The new regulatory framework was intended to facilitate greater foreign investment in the mining sector, including through privatisation of existing mining areas.

Laws: Mining Law No. 01-10 of 2001 Licences: There are three types of licences:

1. Reconnaissance: Allows exclusive examination of the licenced area. Issued for a period of one year and may be renewed or extended twice, each time for six months.

2. Exploration: Confers the exclusive right to explore within, and apply for a mining licence in respect of, the licenced area. Issued for a period of three years, which may be renewed or extended twice, each time for a two-year period.

3. Concession: Confers the exclusive right to produce and exploit specified minerals in the licenced area. It is issued initially for a period of up to 30 years, renewable depending on the deposit reserves.

Ministry of Energy and Mining (www.mem-algeria.org)

Organisations operating in Algeria:

Ogiek Welfare Council

Publish What You Pay International

Global Rights

Business & Human Rights Resource Centre

 

Angola

Angolo is within Africa the second largest producer of crude petroleum (18.8%) and fourth largest producer of diamonds (9.25%).



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

Oil for Development Initiative

 

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Legal Overview:

Jurisdiction: Civil Law

Political stability has returned to Angola after the civil war in 2002 and the Angolan Government (Government) is motivated to make the mining sector more attractive and diversified for investors and contribute to the development of local communities. Diamond mining remains the most significant mining operation in Angola. The country has become one of the largest diamond exporters in the world.

 In 2010, with a renewed focus on investment and growth, the Government proposed new mining laws. In July 2011 a new Mining Code was passed. The Mining Code regulates exploration, discovery, exploitation of mineral resources and associated rights and duties.

Organisations operating in Angola:

Action Aid

SAIIA

Publish What You Pay International

Business & Human Rights Resource Centre

Bapo ba Mogale community loses out in Lonmin deal

It has taken Lonmin Plc a decade to cut the Bapo ba Mogale community a 3.3% slice of the company that mines platinum on its land. In the same period, Lonmin has served up an ownership share more than five times bigger to Shanduka Resources – a black empowerment company founded by ANC stalwart Cyril Ramaphosa – and sauced it with a series of loans and dispensations to keep it fresh.

It was well past the eleventh hour when Lonmin, the world’s third-largest platinum producer, confirmed last week that it had achieved the 2004 Mining Charter threshold of 26% black empowerment.

 

Botswana

Diamond mining has fuelled much of the country’s expansion and thus dominates the national economy and will continue to be its mainstay for the foreseeable future. In 2007 mining accounted for about 35 per cent of Botswana’s GDP and diamond production contributed about 77 per cent of the value of the mining sector. It was the second largest producer of nickel (after South Africa) and third largest coal producer in Africa.



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Jurisdiction: Customary Law and Common Law

In Botswana, mineral rights are vested in the state. A new Mines and Minerals Act was passed in 1999. The new mining laws are geared to ensure stability, deregulation and government transparency.

There are three types of licences:

1. Retention Licence: This licence provides retention for prospectors who deem a project economically unviable in the short-term. The first three-year licence remains exclusive while a second three-year licence provides limited rights for third parties to reassess a prospect.

2. Mining Licence: This licence is initially valid for a period of up to 25 years, as is reasonably required to carry out the mining programme. The holder of a licence may apply for unlimited reviews for a period up to 25 years. Additionally, mineral rights holders may be required to permit the government to hold up to a 15% minority interest in undertakings. This will be on commercial terms with the Botswana Government (Government) paying its pro rata share of costs incurred.

3. Minerals Permits: This permit allows companies to conduct small-scale mining operations for any mineral other than diamonds over an area not exceeding a half square kilometre. It is for five years, with unlimited renewals of up to five years.

Royalties: the rate varies depending on the resource type mined – precious stones (10%), precious metals (5%) and other minerals (3%).

Department of Mines (www.mines.gov.bw)

Organisations operating in Botswana:

Business & Human Rights Resource Centre

SAIIA

Burkina Faso

Burkina Faso's mineral resources include gold, manganese, copper, zinc, silver, limestone, marble, phosphates, pumice and salt but gold is by far the most important mineral to the economy.



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Legal Overview:

Jurisdiction: Civil Law

There has been a major drive to promote minerals. In recent years $ 100 million has been invested, and over 130 prospecting licenses have been granted. Burkina Faso is recognized as one of the most stable countries in the region for mining with a supportive government.

A new Mining Code was adopted in 1997 (amendments were made in 2000). Mineral resources are the property of the state and the responsibility for granting mining rights rests with the Ministère de l’Energie et Mines. There are two types of permits that can be granted by the Minister:

$11. Exploration: Granted on a three-year basis with the option to renew twice for a further three-year period. While there are no limits to the number of permits that a company can hold, upon each renewal 25% of the permit area must be relinquished.

$12.  Exploitation: Valid for an initial 20-year period. The permit is then renewable every five years for the life of the mine. Fees are payable upon granting of the permit and annual surface fees exist. The state obtains a 10% interest in any mining venture.

 Royalties: 3% of revenue from mineral production

Organisations operating in Burkina Faso:

Business & Human Rights Resource Centre

Publish What You Pay International

Burundi

Burundi is the fourth largest producer of tin (1.1%), tungsten (1.1%) and coltan
metals (8.3%) in Africa.



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Organisations operating in Burundi:

Business & Human Rights Resource Centre

Global Rights

Khulumani Support Group

Cameroon

The petroleum sector continues to be the most significant segment of Cameroon’s mineral industry. Cameroon is the eleventh largest producer of crude oil in Africa accounting for 0.9 per cent of total output. Next to that, it is the second largest primary aluminium producer in Africa accounting for 13.7 per cent.



African Commission on Human and Peoples’ Rights - Last periodic report


Extractive Industries Transparency Iniative (EITI)

 

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Organisations operating in Cameroon:


Business & Human Rights Resource Centre

FOCARFE

Khulumani Support Group

Publish What You Pay International

Network To Fight Against Hunger

HJKYB-Coalition

 

Cape Verde

Information Coming soon!



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Organisations operating in Cape Verde:

Business & Human Rights Resource Centre

Central African Republic

Diamonds, gold and construction materials were the only mineral commodities produced in 2008.  CAR ranked ninth in Africa in terms of diamond production accounting for 0.4 per cent of the regions total output.



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

Extractive Industries Transparency Initiative (EITI)

 

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Organisations operating in Central African Republic:

Publish What You Pay International

Business & Human Rights Resource Centre

 

Chad

Chad is the tenth largest producer of crude oil in Africa.



African Commission on Human and Peoples’ Rights - Last periodic report


Extractive Industries Tranaparency Initiative (EITI), Global Gas Flaring Reduction Initiative

 

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Organisations operating in Chad: 

Business and Human rights resource centre

FOCARFE

Publish What You Pay International

HJKYB-Coalition

 

Chevron environmental activists email accounts

Chevron granted access to environmental activists' email accounts

Is oil giant Chevron trying to stifle criticism of its Ecuadorian oil drilling operations by accessing private email accounts of critics?

Oil giant Chevron has been granted access to "more than 100 email accounts, including environmental activists, journalists, and attorneys" involved in a long-running dispute involving damage "caused by oil drilling" in Ecuador, reports the Electronic Frontier Foundation.

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Democratic Republic of the Congo

DRC is the leading producer of tin (65.4%), second for copper (23.1%) and tungsten (26%), third for silver (10.2%) and coltan metals (11.9%), fifth for zinc (3.07%) and equal sixth for gold (2.18%)in Africa.  It is the world’s largest producer of cobalt and naturally occurring industrial diamonds accounting for 41.6% and 30.7% respectively of total global output.



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

Extractive Industries Transparency Initiative

 

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Legal Overview:

Jurisdiction: Civil Law

The principal legislation is the Mining Code Law No. 007/2002 /July/11 and the enabling regulations are encoded in the Mining Regulation No. 038/2003/March/26.  As per the Constitution and the Mining Code, the state retains ownership of all minerals in the soil and sub-soil.

Licences: the following two licences are available:

1. Research: must commence exploration within six months.

2. Exploitation: must commence exploitation within three years.

Royalties: the royalties vary depending on the resource type: iron/ferrous metals (0.5%), non-ferrous metals (2%) and precious metals (2.5%) 

 Mining Registry (www.cami.cd)

Organisations operating in Democratic Republic of the Congo:

Business & Human Rights Resource Centre

Action Aid

SAIIA

Publish What You Pay International

Global Rights

Justicia ASBL

Djibouti

Djibouti has few natural resources. Salt, gypsum, diatomite and construction materials are among those and little related industry. Salt production is carried out on a semi-industrial scale and Djibouti is the 10th largest producer of salt in Africa accounting for 2.8% of total output.



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Organisations operating in Djibouti:

Business & Human Rights Resource Centre

Egypt

In Africa, Egypt is the leading producer of talc (84.7%) and gypsum (up to 42%), the second largest producer salt (20.4%), third largest producer of phosphate (7.7%) and vermiculite (3.4%), 4th for iron ore (2.8%), ranked second for pig iron (28.7%) and steel (35.9%), third for ferroalloys (3.4%) and aluminium (15%), and fifth for smelted copper (2.4%).



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

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Jurisdiction: Combination of Islamic Law and Civil Law

The main mining related laws in the Arab Republic of Egypt are:

$1·         Mining and Quarries (Number 86 of 1956)

$1·         Law 71 for 1957 (amending the Mining and Quarries Law)

$1·         Law 81 for 1964 (amending the Mining and Quarries Law).

Licences: there are three types of licences that may be issued by the Ministry of Petroleum and Mines:

1. Exploration: confers the exclusive right to explore within the licence area and priority in obtaining a mining exploitation agreement. Issued for a maximum period of four years, including renewals and extensions. Half of the licence area must be forfeited after two

years if the licencee has not applied for, and been granted, an exploitation agreement.

2. Exploitation: confers the exclusive right to explore, extract and exploit specified minerals in the licence area. Must first have had an exploration licence over the area. Issued for a period up to 30 years, renewable for another 30 years.

3. Protection: confers the right to explore areas adjacent to the licenced area in order to protect the exploration or exploitation area. The protected area may not exceed the licenced area.

Ministry of Petroleum and Mineral Resources (www.petroleum.gov.eg/)

Organisations operating in Egypt:

Business & Human Rights Resource Centre

Equatorial Guinea

Hydrocarbons (crude petroleum and derivatives such as LNG, LPG and methanol) dominated the minerals industry and accounted for about 88% of GDP in 2007.



Human Rights Watch – World Report 2013

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Organisations operating in Equatorial Guinea:

Business & Human Rights Resource Centre

Publish What You Pay International

Eritrea

The main minerals in Eritrea are salt, gypsum, kaolin.



Human Rights Watch – World Report 2013

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Organisations operating in Eritrea:

Business & Human Rights Resource Centre

Ethiopia

Ethiopia is the fifth largest producer of tantalum in Africa (8.2%).



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Human Rights Watch – World Report 2013

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Organisations operating in Ethiopia:

Business & Human Rights Resource Centre

Natural Justice

 

Gabon

Gabon is the Africa’s second largest producer of manganese (28.4%), after South Africa, and is ranked fourth worldwide accounting for 11.4 per cent of total production. Other identified mineral resources include iron ore, niobium, gold, uranium, diamond and phosphate rock.



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Legal Overview:

Jurisdiction: Civil Law

The President of Gabon has identified the need for the country’s oil-reliant economy to diversify as reserves begin to run down. This has been a policy priority since election in 2009. The state retains ownership of mineral substances occurring under the surface.

There are three types of licences that may be issued by the Ministry of Mines, Energy and Petroleum:

$11.       Prospecting: valid for two years, non-renewable and intended for regional reconnaissance over a negotiable area.

$12.       Exploration: if a concession is granted, valid for three years with option to renew for two further periods of three years. If no concession is granted, valid for two years with the option to renew once for two years. It is intended for “mining exploration and evaluation” over a negotiable area.

$13.       Mining: can be granted for mineral extraction. The licence is valid for five years and can be renewed as many times as required. The concession is valid for 25 years and can be subsequently renewed every10 years as many times as required.

Royalties: in addition to fixed fees and a surface occupation fee, a value-added tax of between 0.5% and 5% per year exists.

Organisations operating in Gabon:

Business & Human Rights Resource Centre

Publish What You Pay International

Gambia
Ghana

Ghana ranks second in gold prodution (17.5%), third largest producer of manganese (9.53%) and bauxite (2.7%) and fourth largest for primary aluminium (1.42%),  the fifth largest producer of salt in Africa accounting for 5.1 per cent of the continent’s output.



African Commission on Human and Peoples’ Rights - Last periodic report


Resource Endowment Iniative, Health in the Extractive Industries, International Council on Mining and Metals, Extractive Industries Transparency Iniative, Oil for Development Iniative

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Legal Overview:

Jurisdiction: Common Law

One of the fastest growing economis in Africa. The country is well-endowed with natural resources.

The main law governing mineral operations is the Minerals and Mining Act 2006 (Act 703). The Minerals and Mining Act grants mineral rights, specifies conditions for dealing with mineral rights, change of control of mining companies and reporting requirements of companies involved in reconnaissance, exploration and mining. There are separate laws governing environmental obligations and taxation. Ghana’s Constitution and its Minerals and Mining Law states that all minerals are the property of the country and the President holds them in trust for the people.

Licences: there are three types of licences:

1. Reconnaissance: required to scout for minerals.

2. Prospecting: to prospect and explore for minerals.

3. Mining lease: to extract minerals.

Restricted licences:

 Restricted licences are required for industrial minerals (including clay, granite, marble, sand and salt). A licence is issued by the Minister acting on the recommendation of the Minerals Commission. The grant of a mining lease is required to be ratified by Ghana’s Parliament.

Royalties: the rate is 5% of the total revenue generated from minerals obtained by the holder.

Government of Ghana (www.ghana.gov.gh)

Organisations operating in Ghana:

Natural Justice

Khulumani Support Group

Action Aid

SAIIA

Publish What You Pay International

Global Rights

Business & Human Rights Resource Centre

Guinea

Guinea is the fifth largest producer in Africa of both these commodities in 2008 accounting for 3.2 per cent of the diamond and 4.35 per cent of the gold output respectively.



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Legal Overview:

Jurisdiction: Civil Law

Majority of foreign direct investment is in mining. The state retains ownership of deposits of minerals or fossil substances located below or on the surface of the ground as well as underground water and geothermal resources. Despite certain restrictions in the Mining Code 1995, the Republic of Guinea Government (Government) has been prepared to grant investment and concession agreements for longer periods of exclusive access to foreign investors.  In March 2011 the Government announced a review of all types of mining licences and permits. The Mining Code states there are four types available:

1. Reconnaissance: Allows prospecting of sites for three to six months.

2. Exploration: Grants exclusive right to explore for all the substances specified in the permit for three years with renewals permitted.

3. Exploitation: Exclusive right and free disposal of all the mineral substances for 10 years with renewals granted.

4. Mining concession: Reserved for large ore deposits which involve important investment (including infrastructure) and granted for 25 years with renewals available.

Royalties: the rate varies depending on the resource mined – bauxite (10%), bauxite processed into alumina (5%), iron ore (7%), gold (5%), diamonds (5–10%) and cut stones (2% of value).

Department of Mines - (www.guinee.gov.gn/)

Organisations operating in Guinea:

Publish What You Pay International

Global Rights

Business & Human Rights Resource Centre

Guinea-Bissau

The economy of Guinea-Bissau depends mainly on agriculture and fishing. Mining was limited to small-scale production of construction materials. The country’s prospective mineral resources include phosphate rock, bauxite, diamonds, gold, heavy mineral sands and unexploited deposits of petroleum. Development of these resources however is not a near-term prospect.



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Extractive Industries Transparancy Initiative

 

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Organisations operating in Guinea-Bissau:

Publish What You Pay International

Business & Human Rights Resource Centre

Ivory Coast

Non-fuel mineral resources include diamonds, manganese, gold, iron, cobalt, bauxite, copper, iron ore, nickel, tantalum, silica sand and clay. Gold is economically the most important non-fuel mineral resource and is typically found in shear-zone hosted quartz veins hosted in the Birrimian greenstone belts and/or alluvial deposits.



African Commission on Human and Peoples’ Rights - Last periodic report

Human Rights Watch – World Report 2013

Extractive Industries Transparancy Initiative

 

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Legal Overview:

Jurisdiction: Civil Law

Ivory Coast is seeking to develop its mining sector, aiming for mining to contribute up to 8 % of Gross Domestic Product within the next decade. All mineral rights are vested in the state. The Mining Code (Law No.95-553, July 18, 1995) regulates mining activity. The Minister of Mines and Energy is responsible for administering the mining sector.

There are three types of licences available:

1. Prospecting and survey authorisations: non-exclusive right to prospect. The area is negotiated with the Ivory Coast Government (Government) and such an authorisation is valid for one year, with the option to renew.

2. Prospecting: exclusive right to explore for minerals over a variable size of land. The period is for three years, with the option to renew for two years, twice (a separate licence may also be granted).

3. Mining permit: exclusive right to mine. The size of the permit depends on the area of the deposit. The period of the permit is initially 20 years, with various additional terms. Development must start within two years.

Royalties: The royalty paid is generally between 2.5% – 3% dependent on the resource mined. It is based on net return.

Department of Mines (www.gouv.ci)

Organisations operating in Ivory Coast:

Khulumani Support Group

Publish What You Pay International

Business & Human Rights Resource Centre

Kenya

Kenya is significant world producer of natural soda ash (4.3%) and fluorspar (2.15%). In Africa it was the leading producer of soda ash and second largest producer of fluorspar accounting for 65.5 and 21.7 per cent. Other minerals produced by Kenya include gold, lead, gemstones, diatomite, gypsum, salt and kaolin.



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Legal and institutional overview

Jurisdiction: Common law

Mining operations in Kenya are minimal, with the mining and quarrying sector making a negligible contribution to the economy (less than 1% of Gross Domestic Product). However, this is expected to increase with the discovery of oil and coal in the recent past. The state retains property in all extracted minerals. All minerals obtained in the course of prospecting or mining operations are subjected to such royalties as is prescribed by the government from time to time.

The Constitution and various pieces of legislation apply to or affect extractive industries in Kenya.

Part 2 of Chapter 6 of the Constitution of Kenya (2010) deals with issues relating to the environment and natural resources. Relevant articles to extractive industries are 60, 62, 66, articles 69 (on the obligation in respect of the environment); 70 (on enforcement of environmental rights); 71 (on agreements relating to natural resources); and 72 (relating to legislation on the environment). For further details see http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

Kenya is in the process of enacting a new law to govern mining activities in the country. The Mining Bill, 2014 proposes to give effect to sections 60, 62, 66 and 7 of the Constitution in so far as they apply to minerals and natural resources. Section 198 of the Bill proposes to repeal the following pieces of legislation that currently apply to minerals.

Other relevant laws that apply to minerals include the following: The Energy Act, 2006; Petroleum (Exploration and Production Act), Cap 308; Diamond Industry Protection Act, Cap 310; Gold Mines Development Loans Act, Cap 311; and the Environmental Management and Coordination Act, 2007.

The Ministry of Mining was created in 2013 and charged with formulating legislation and mining policies and expanding the industry around mining. Previously, mining activities in the country were handled by the Ministry of Environment and natural resources through the Mines and Geology Department. For further details see http://www.mining.go.ke/index.php/2013-06-10-13-08-38

Organisations operating in Kenya:

ActionAid

Publish What You Pay International

Save Lamu

Natural Resources Alliance of Kenya

Business & Human Rights Resource Centre

Natural Justice

Trust for Community Outreach & Education

Ogiek Welfare Council

Jamaa Resource Initiatives

 

Lesotho

Mineral production in Liberia is presently limited to diamonds, gold and construction materials.



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Eiti

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Organisations operating in Lesotho:

Khulumani Support Groep

Business & Human Rights Resource Centre

Trust for Community Outreach & Education

Liberia

Mineral production in Liberia is presently limited to diamonds, gold and construction materials.



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EITI

 

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Legal Overview:

Jurisdiction: Combination of Customary Law and Common Law

The Government of Liberia (Government) is committed to restoring stability and attracting investors, particularly to explore significant iron ore reserves. Relevant laws include the Mineral Policy of Liberia 2010, Minerals and Mining Act 2006 and the Mining and Minerals Law 2000.

There are three types of licences that can be granted:

Prospecting, reconnaissance and mineral exploration.

Royalties: assessed on turnover.

Liberia Government Ministry of Lands, Mines & Energy www.molme.gov.lr/content.php?sub=51&related=20&res=51&third=51)

Organisations operating in Liberia:

Business & Human Rights Resource Centre

Publish What You Pay International

Libya

In terms of non-fuel commodities, Libya was Africa’s third largest producer of pig iron and steel accounting for an estimated 12.7% and 6.6% respectively of total production. Libya is also a significant producer of gypsum (ranked 5th) and salt in Africa.



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Human Rights Watch – World Report 2013

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Organisations operating in Libya:

Business & Human Rights Resource Centre

Lonmin investor rapped over the knuckles

The powerful International Finance Corporation has been sharply rapped over the knuckles in an ombudsman’s report on its US $50 million investment in Lonmin.

The investigation by the IFC’s independent Compliance Advisor Ombudsman was triggered by the killings at the Marikana platinum mine in August 2012. Reporting a year later, the ombudsman listed concerns with the IFC’s evaluation of environmental and social issues at Lonmin, particularly “industrial relations and worker security” issues, in the 18 months before the August killings.

But in the absence of a complaint from workers, the ombudsman said a link could not be established between these concerns and the deaths at Marikana and closed the case.

Madagascar

Madagascar is one of the world’s leading producers of sapphire as well as other coloured gemstones including ruby, multi-coloured tourmaline, emerald, amethyst, cordierite, aquamarine and garnet and also plays a significant role in the production of high quality flake graphite.



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Organisations operating in Madagascar:

Publish What You Pay International

Malawi

In 2008 the country registered modest production of coal, limestone, dolomite, gemstones, ornamental stone, clay and aggregates. It was not a globally significant producer or consumer of any minerals.



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Organisations operating in Malawi:

Publish What You Pay International

Business & Human Rights Resource Centre

Trust for Community Outreach & Education

Khulumani Support Group

Catholic Commission For Justice And Peace Of Karonga Diocese

Centre For Social Concern

ActionAid

 

Mali

Gold and agricultural products, mainly cotton, comprise about eighty percent of Mali's exports. Mali’s mining sector is dominated by gold production. No other mineral commodities were produced in significant quantities in 2008 except for salt and semiprecious gemstones. Mali was the third largest gold producer in Africa (after South Africa and Ghana) accounting for 11.47%.



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Legal Overview:

Jurisdiction: Civil Law

In 2005 the Government reformed the Mining Code. Mineral resources are the property of the state.

Authorisations: the Mining Code provides for the following types of authorisations:

1. An exploration authorisation valid for three months and renewable once for three months.

2. A prospecting authorisation valid for three years and renewable once for three years.

3. A small-scale mining authorisation valid for four years and renewable indefinitely for three years each time.

4. An artisanal exploitation authorisation valid for one year and renewable.

Licences: the Mining Code provides for the following types of licences:

1. An exploration permit valid for three years and renewable twice for three years each time.

2. An exploitation permit valid for 30 years and renewable indefinitely for 10 years each time.

Royalties: 3% is to be paid to the Government.

Government of Mali (www.primature.gov.ml/)

Organisations operating in Mali:

Business & Human Rights Resource Centre

Publish What You Pay International

 

Mauritania

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Legal Overview: 

Jurisdiction: Civil Law

The mining industry in Mauritania accounts for approximately a quarter of Gross Domestic Product. In December 1999 resolution Decret portant sur les Titres Miniers (Decree on Mining Titles) was introduced. It provides a concise set of rules concerning all aspects of mining titles.

The Mining Code of the Islamic Republic of Mauritania provides that only a company created under andgoverned by Mauritanian law can be granted a mining licence (permis d’exploitation). However, the Commericla Code provides some flexibility on this point and allows forms such as joint-stock companies or joint ventures to be used for the creation of a commercial company.

Licences: the following two licences are provided:

1. Exploration Licences: exploration tenements are provided to applicants for a period of three years, with the option to renew twice. The total land available in one licence is 500 square kilometres (except diamond concessions).

2. Mining Licences: a mining licence is granted to a company resident in Mauritania for 30 years, with the option to renew for 10 years. Royalties: the regime is currently being reviewed, however, royalties are floated and dependent on international prices.

Mining Law and Regulations (www.mauritanides2010.com/html/regulations.html)

Organisations operating in Mauritania:

Publish What You Pay International

Business & Human Rights Resource Centre

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Mauritius
Morocco

Morocco was the third ranked world producer of phosphate after China and the USA accounting for 16.8% of world production. It was the world’s leading exporter of phosphate rock, phosphate derivatives and phosphoric acid . In addition the country has produced a wide variety of minerals which include barytes, coal, cobalt, copper, feldspar, fluorspar, gold, gypsum, iron ore, lead, manganese, mercury, natural gas, nickel, petroleum, pyrophyllite, salt, silver, strontium, talc and zinc.



Human Rights Watch – World Report 2013

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Legal Overview:

Jurisdiction: Combined Islamic Law and Civil Law

A liberal economy with an increasingly strong services sector. Robust growth outlook due to government reforms and major infrastructure investments and yearly growth since the start of the 21st century.

The relevant laws include the Mining Law, 16 April, 1951; Law no. 11-03 of 19 June 2003 relating to environmental protection; Law no.12-03 of 19 June 2003 relating to impact studies on environment; and Law no. 18-95 of 6 December 1995 establishing investment charter.

There are three types of licences:

1. Exploration: confers the exclusive right to explore within the licenced area, and the exclusive right to obtain a mining concession. It is issued for a period of three years which may be renewed or extended for four years.

2. Mining Permit: issued if workable deposits are discovered. Confers the exclusive right to produce and exploit specified minerals in the licenced area for an initial period of four years and may be renewed for three four-year periods with the possibility of a special extension of up to 12 years.

3. Concession: issued if a large discovery is made using an exploration or mining permit. Valid for 75 years and renewable for another 25 years.

Ministry in Charge of Energy and Mines (www.mem.gov.ma)

Organisations operating in Morocco:

Global Rights

Business & Human Rights Resource Centre

Mozambique

The economic mineral potential of the country is largely untapped. However, the mineral industry of Mozambique plays a significant role in the world’s production of aluminium (1.5%), beryllium (4.6%), tantalum (5%) and coloured gemstones. Within Africa it is largest producer of tantalum and niobium minerals (39.4% in 2008) and is ranked the second largest for the production of primary aluminium (31%) and the minerals of beryllium (40.9%), titanium (39.4%) and zirconium (1.6%).



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Legal Overview:

Jurisdiction: Civil Law

It is a stable country with a growing economy, driven mainly by agriculture and new investments in the natural resources sector.

The state retains ownership of mineral resources located in and beneath the soil.

Mining titles (licences and permits):

1. Reconnaissance Licence: granted to carry out reconnaissance activities for a maximum period of two years. This period is not renewable. The licence isnot transferable.

2. Prospecting and Exploration Licences: granted to carry out activities including prospecting for the named mineral and associated minerals and removing, exporting and selling samples. Holders receive compensation if, after carrying out prospecting for at least two years, the licenced area is closed to mining. It is granted for five years, renewable for up to a further five years.

3. Mining Concession: granted to any legal person established and registered in Mozambique. The holder may occupy land on an exclusive basis, undertake exploration and undertake necessary operations and work, including the storage, transport and sale of products resulting from mining activities. Concessions are granted for periods equivalent to the economic life of the mine up to 25 years, renewable for up to a further 25 years.

4. Mining Certificate: issued for maximum periods of two years, renewable for successive periods of not more than two years for small-scale operations. Mining certificates are transferable. 5. Mining Pass (for artisanal mining): an area may be declared to be a mining pass area when it is suitable for mining using unsophisticated exploration, extraction and processing methods for one year.

Royalties: rates vary depending on resource type: diamonds (10%), precious metals and precious stones (10%), semi-precious stones (6%), base metals (5%) and coal and other minerals (3%).

*The Mining Law is under revision and will likely be amended later this year.

Ministry of Mineral Resources (www.mirem.gov.mz)

Organisations operating in Mozambique:

Trust for Community Outreach & Education

Observatório Moçambicano da Governação

SAIIA

Publish What You Pay International

Business & Human Rights Resource Centre

Namibia

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Legal Overview:

Jurisdiction: Customary Law and Common Law

The Government of Namibia (Government) is currently reviewing mining and taxation laws to improve the country’s attractiveness to foreign investors. Article 100 of the Namibian Constitution states that all natural resources below and above the surface of the land are owned by the state.

Licences: the Minerals Act provides for two main categories of licences:

1. Mineral: this includes exclusive prospecting rights, reconnaissance, exclusive reconnaissance, mining and mineral deposit retention.

2. Non-exclusive prospecting and mining claims: only Namibian citizens or corporate entities (in which only Namibian citizens may hold an interest) can attain this licence.

Royalties: the royalty is 10% for precious stones.

Ministry of Mines and Energy (www.mme.gov.na)

Organisations operating in Namibia:

Natural Justice

Trust for Community Outreach & Education

SAIIA

Business & Human Rights Resource Centre

Please check back regularly for updates!

Welcome to the new website!

Report: Indigenous Peoples and the Extractive Sector

Report: Indigenous Peoples and the Extractive Sector - Towards a Respecting Engagement

Please find below a press release from Tebtebba on the new publication on indigenous peoples & the extractive industries.

A pdf can be downloaded from:- http://www.piplinks.org/system/files/IPs-and-the-Extractive-Sector-Towards-a-Rights-Respecting-Engagement.pdf

 

Republic of the Congo

In 2008 the Congo was ranked eighth among African producers of crude petroleum accounting for 2.6% of total output. Diamond, gold, base-metals and construction materials were produced in addition to hydrocarbons.



African Commission on Human and Peoples’ Rights - Last periodic report


Conflict-free Tin Initiative, Public-Private Alliance for Responsible Minerals Trade (PPA)

 

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Organisations operating in Republic of the Congo:

FOCARFE

Publish What You Pay International

Global Rights

Business & Human Rights Resource Centre

Resolution on the Binding Treaty_Statement for Addis

Resolution on the Binding Treaty_Statement for Addis

On the occasion of the African Regional Forum on Business and Human Rights on 16-18 September 2014 in Addis Ababa, Ethiopia, the Campaign to Dismantle Corporate Power and Stop Impunity of TNCs, brings to the attention of participants to the historic June 2014 United Nations Human Rights Council(UNHRC) Resolution which mandated the establishment of an Inter-Governmental Working Group (IGWG) to develop a binding Treaty for Transnational Corporations and Human Rights.

Statement on the historic Resolution of the UNHRC on a Binding Treaty for Transnational Corporations and Human Rights

The African Regional Forum on Business and Human Rights is being organised to promote the voluntary United Nations Guiding Principles on Business and Human Rights in Addis Ababa on September 16-18, 2014. An evidence-based track record of corporate violations of human rights and environmental standards has established the relatively ineffectiveness of voluntary principles in terms of regulating the operations of TNCs. The necessity and urgency of a legally binding instrument, long advocated by civil society organisations, was recognized in the passing of the historic Resolution at the UNHRC mandating an Inter-Governmental Working Group (IGWG) to develop a binding Treaty for Transnational Corporations and other business.  

Attracting foreign direct investment (FDI) continues to beseen as the core pathway for the African region to meet economic “growth” aspirations. This strategy merely serves to open the door for greater control and ownership by transnational corporations over African countries and resources. Key investment sectors include the extractive industries (mining, oil, gas and timber), agriculture and services (finance, ICT and infrastructure).

Trade and investment agreements and financial instruments are central to the architecture, which allows transnational corporations (TNCs) to operate without the risk of being punished for ongoing violations. This impunity gives greater rights to investors over people’s rights.

Governments appear to be in a‘race to the bottom’ to attract investments. They are often ‘enticed’ into entering into investment agreements either in the form of bilateral investment treaties (BITs) or agreements with investorsdirectly. These agreements are extremely dangerous with respect to economic sovereignty and the well being of African people and the environment. These agreementsbecome vehicles for facilitating huge capital outflows, and theprivatisation of public goods as well as creating a legal framework to dispossess communities from access to land, water and other natural resources and a number of other corporate violations of human, cultural and environmental rights.

Cases of corporate human rights violations by major transnational corporations in Africa that were presented at a hearing of the Permanent Peoples Tribunal in Geneva on the 23 June 2014 included:

  • The case of Shell Nigeria whoseoperations are having devastating effects on the people of Ogoniland and the environment. More than in a million people have been affected by hydrocarbon pollution in surface water in wetlands of the Niger delta, one of the world’s largest oil disasters;
  • Lonmin,a UK based platinum mining corporationis associated with the Marikana Massacre of August 16, 2012, in which 34 workers were killed and 78 were injured by South African Police Forces whileprotesting peacefully. Lonmin is also accused of environmental damage caused by exceeding the limits of emission of dust, causing water pollution with illegal discharges as well as not meeting their statutory undertakings and corporate social responsibility commitments in providing adequate housing for mineworkers and their families;
  • Glencore’s operations in the Democratic Republic of Congo and Zambia were presented through testimony, which exposed a number of violations. In the area of Mufulira, Zambia, and through its subsidiary Mopani Copper Mines, Glencore’soperations has contributedto the pollution of land, waters and air, particularly due to the uncontrolled emissions of sulphate dioxide, which dramatically affects the local populations causing severe respiratory diseases, and contaminating of the fauna and flora upon which they depend almost completely for their own sustainment.In the Democratic Republic of the Congo, in the mining area of Kolwezi, Katanga and through its subsidiary Kamato Copper Company (KCC), Glencorehas been accused of security and human rights violations. The companycontinues to rely on the police who all too readily use live ammunition against intrusions by artisanal miners. Over the past 18 months a number of people have been killed or seriously injured on or near the KCC concession. Glencoreoperations also result in environmental degradation causing air and water pollution.

In both the DRC and Zambia, independent audits have revealed fiscal and tax avoidance by transferring profits to tax havens, robbing governments of the much-needed revenue to meet the socio-economic needs of people.

These are but a few examples of corporate human rights and environmentaltransgressions, despite corporations signing up to a number of voluntary agreements and standards.For example since 2012,Glencore has claimed to alignits policies with the UN Guiding Principles on Business and Human Rights and it has joined the International Council on Mining and Metals (ICMM), whichpromotes ‘sustainable’ mining. Both of these voluntary initiatives are inadequate and incapable of providing justice to impacted communities.

During the recent African Commission on Human Rights and People’s Rights Working Group on the Extractives Industries Sub-regional consultation held from August 29-31 at the South African Human Rights Commission in Johannesburg, reports from the various countries considered the human rights record of the extractive industry, particularly in the mining sector. An overview of national legislation, trends and impacts (economic, developmental, environmental and human rights) that were presented by Botswana, Mozambique, South Africa, Zambia and Zimbabwe suggests that remedies to deal with violations are inadequate.

On June 26th, 2014, the United Nations Human Rights Council (UNHRC) adopted a groundbreaking Resolution to establish an intergovernmental working group with the mandate of investigating the drafting of a legally binding instrument that will enforce human rights obligations on Transnational Corporations (TNCs). This resolution is critical, given the extent ofcontinuinghuman rights violations, the immense environmental degradation and the growing power of corporations,which is facilitated by a free trade and investment regime that gives corporations more rights than governments and people.

We welcome the fact that a number of African governments, Ethiopia, Democratic Republic of Congo, Namibia and South Africa voted for this historic resolution.

Intense advocacy work was carried out with governments both in National capitals and with Permanent Missions in Geneva. The Global Campaign and other civil society organisationsand human rights networks cooperated to form a Treaty Alliance, which rallied 610 organisations and 400 individuals from 95 countries to signa statement calling for a Binding Treaty on the operations of Transnational Corporations.

This declaration affirms that the Guiding Principles will not have any lasting impact unless a framework based on legally binding instruments that can regulate and sanction the illegal actions of transnational corporations is created. Free Trade Agreements and their investment chapters protect the rights of TNCs through legally binding instruments while affected communitiesexperiencing violations of their rights have nothing similar to protect their rights.

Some legal measures already exist and there are processes that havebeen developed that can inform this legal framework. In Africa we have the Charter of African Human and Peoples’ Rights that was adopted in 1981 and has been in force since 1986.We can also draw on aspects of customary law. The African Charter is a people centred and developmentally orientated document deeply rooted in an African understanding of custom and practice. It embodies freeprior informed consent (FPIC), which refers to the right of local communities, to participate in decision-making about issues impacting them. Therefore the African Charter is the most significant binding international treaty for the purpose of asserting the right to FPIC in Africa and can make a significant contribution to developing the binding obligations for TNCs with respect to human rights.

We therefore urge the UN Human Rights Councilto initiate the work of the IGWG and concretise the roadmap for its two-year mandate. We likewise call on African and all other governments, related Human Rights Commissions, and civil society organisations to support the work of the IGWG and contribute to the substantive development of the Binding Treaty. This can be vigorously pursued in parallel to the Action Plans on the Guiding Principles on Business and Human Rights. The Resolution for a binding Treaty on TNCs opens an unprecedented opportunity to go beyond Voluntary Guiding Principles and we, as advocates of a legally binding instrument, are taking on this challenge.

CONTACT: For more information, please email,Michelle Pressend, Southern Africa Corporate Power Campaign Coordinator at the Alternative Information and Development Centre (AIDC) on +27 21 4475770 or This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. or Brid Brennan at the Transnational Institute, This email address is being protected from spambots. You need JavaScript enabled to view it.


Sources

  1. Declaration of the Hearing of the Permanent Peoples Tribunal in Geneva, 23 June 2014
  2. Final Statement From the Global Campaign Dismantle Corporate Power and Stop Impunity Regarding the WEEK OF MOBILIZATION TO STOP CORPORATE CRIMES AND IMPUNITY: “Social movements demand access to justice for those affected by corporate human rights violations and ecological crimes!”
  3. Legal Resources Centre (LRC), Notes on the People’s Treaty on TNC’s and Perspectives from Africa, 15 August 2014
  4. ‘PR or Progress? Glencore’s Corporate Responsibility in the Democratic Republic of the Congo’ published Rights and Accountability in Development (RAID) and Bread for All and Fastenopfer, 17 June 2014

Rwanda

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Legal Overview:

Jurisdiction: Civil Law and Customary Law

The mining industry is developing with continuing updates to existing regulatory frameworks and an emphasis placed on improving the quantity of materials exported.

Mining laws:

·         Mining and Quarry Exploitation No. 37 /2008 of 11/08/2008.

·         Ministerial Order No. 003/Minifom/2010 of 14/09/2010 provides the requirements for granting the licence for purchasing and selling mineral substances in Rwanda.

·         Ministerial Order No. 004/Minifom/2010 of 14/09/2010 states the environment conservation requirements in mining and quarry extraction.

·         Ministerial Order No. 005/Minifom of 14/09/2010 states the procedure for obtaining a licence, the conditions and the limits on mining and quarry extraction.

·         Ministerial Order No. 006/Minifom of 14/09/2010 determines the taxes applicable to mines and quarries.

Ministry of Natural Resources (www.minirena.gov.rw)

Organisations operating in Rwanda:

Business & Human Rights Resource Centre

Senegal

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Organisations operating in Senegal:

Khulumani Support Group

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Business & Human Rights Resource Centre

Sierra Leone

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Legal Overview:

Jurisdiction: Common Law

The country has relied on mining especially diamonds for its economic base. It is among the top 10 diamond producing nations in the world, and mineral exports remain the main foreign currency earner. Relevant laws include the Mines and Minerals Act 2009, Environmental Protection Act 2000, Companies Act 2009 and the Mining Policy (Revised) 2011.

Licences are issued for exploration, mining, alluvial and artisanal mining. Royalties: the rate varies depending on the resource: special stones (15%), precious stones (6.5%), precious metals (5%) and all other minerals (3%).

Ministry of Mines and Mineral Resources (www.slminerals.org)

Organisations operating in Sierra Leone:

Business & Human Rights Resource Centre

Khulumani Support Group

Publish What You Pay International

Somalia

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Organisations operating in Somalia:

Business & Human Rights Resource Centre

South Africa

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Legal Overview:

Jurisidiction: Civil Law

Relevant laws include the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA), Broad Based Socio-Economic Empowerment Charter for the South African Mining Industry (the Charter) and the Codes of Good Practice for the Minerals Industry (Mining Code).

The main rights that are usually applied for in South Africa include prospecting rights and mining rights for minerals. Application is made to the Minister of Mineral Resources. If granted, the right is executed and then registered with the Mineral and Petroleum Titles Registration Office.

Royalties are payable for extraction of minerals in terms of the Mineral and Petroleum Resources Royalty Act, No. 28 of 2008. It is paid on gross sales, and is to be paid to the National Revenue Fund by holders of the various forms of rights granted by the Minister under the MPRDA.

*The MPRDA is under revision

Department of Mineral Resources (www.dmr.gov.za)

Environment

National Environmental Management_Act

Land

Alienation of Lands Act

Land Reform (LABOUR_TENANTS) ACT

Interim Protection of Informal Land Rights Act

Land Restitution & Reform Laws Amendment Act

Mining

Mine Health & Safety Act

Mineral & Petroleum Resources Development Act

Mineral & Petroleum Resources Development Regulations

Water

Water Services ACT

National Water ACT

Organisations operating in South Africa:

Federation For A Sustainable Environment

Norwegian Church Aid

Natural Justice

Trust for Community Outreach & Education

Jubilee South Africa

Action Aid

Labour Research Service

LAMOSA

AIDC

Centre for Environmental Rights

SAIIA

Centre For Applied Legal Studies

Business & Human Rights Resource Centre

South Sudan

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SAIIA

Sudan

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Organisations operating in Sudan:

SAIIA

Swaziland

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Organisations operating in Swaziland: 

Business & Human Rights Resource Centre

Trust For Community Outreach & Education

Khulumani Support Group

 

Tanzania

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Legal Overview:

Jurisdiction: Common Law

The relevant laws include the:

$1·         Mining Act 2010.

$1·         Tanzania Investment Act 1997.

$1·         Land Act (1999 and 2002).

$1·         Environment Management Act No. 20 of 2004.

The Government of Tanzania (Government) retains ownership of all natural resources.

Licences: there are three types of licences that can be granted:

1. Prospecting: any company or individual can apply for a prospecting licence.

2. Mining: any company or individual can apply to mine in Tanzania. There are restrictions on gemstone mining for foreigners.

3. Primary Mining: is only for citizens of Tanzania as per section 8(2) of the Mining Act.

Royalties: vary depending on the resource: gemstone and diamonds (5%), uranium (5%), copper, gold, silver, PGMs (4%), salt and industrial minerals (3%) and gems (1%).

Organisations operating in Tanzania:

ActionAid

Faita Trust

SAIIA

Business & Human Rights Resource Centre

 

Publish What You Pay International

 

 

Togo

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Organisations operating in Togo: 

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Tunisia

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Jurisdiction: Islamic Law and Civil Law

To encourage mining exploration and activity, Tunisia introduced a new Mining Law in 2003.

There are three types of licences in Tunisia:

1 Prospecting: allows examination of the licence area for minerals. Drilling and mining activities cannot be undertaken; however, geological studies can be performed for producing evidence of sites of interest for an exploration permit. Issued for a maximum period of one year and may be renewed for a single one-year period.

2 Exploration: confers the right to explore within the licence area. May be obtained without first having obtained a prospecting licence. Separate permits can be granted to different applicants for the same licence area but for different minerals. Holder of an exploration licence has the exclusive right during the period of the licence to apply for an exploitation concession for the subject minerals. Issued for a maximum period of three years, and may be renewed or extended twice, each time for up to three years.

3 Exploitation: confers the exclusive right to exploit minerals in the concession area. Issued for a period consistent with the quantity of exploitable reserves.

Ministry of Industry, Energy and PME (www.industrie.gov.tn)

Office National des Mines – mapping, exploration, development, training, laboratories and logistics (www.onm.nat.tn/)

Organisations operating in Tunisia:

Global Rights

Business & Human Rights Resource Centre

Uganda

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Jurisdiction: Combined Customary Law and Common Law

The control and ownership of all minerals in Uganda isvested in the state. Relevant laws include The Mining Act 2003 and The Mining Regulations 2004.

The Mining Act provides for the following four licences:

1. Prospecting: grants the right to carry on prospecting operations. Quarterly geological reports must be submitted and any mineral discovery must be reported. This licence is valid for one year.

2. Exploration: the area of land explored is not to exceed 500 square kilometres. The applicant is required to show technical competence and the ability to provide for the employment and training of Ugandan citizens. An exploration licence will not be granted for a period exceeding three years. Multiple licences may be issued.

3. Retention: the holder of an exploration licence may apply for a retention licence if mining cannot commence immediately. A feasibility study is required and the period of retention cannot exceed three years.

4. Location: location licences are granted on small-scale prospecting and mining operations.

Mining lease: granted with notice to the Government and required to hold an exploration licence.

Royalties: paid on the gross value of the mineral.

Organisations operating in Uganda: 

Khulumani Support Group

ActionAid

SAIIA

Zambia

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Jurisdiction: Common Law

The arrival of foreign investors in the mining industry has seen the mining industry experience significant infrastructure investments, notable among them being the construction and commissioning of the Lumwana mine in the north-western province.

Relevant laws include the Mines and Minerals Development Act No. 7 of 2008, Mines and Minerals Development (General) Regulations of 2008 and Mines and Minerals Development (Prospecting Mining and Milling of Uranium Ores and other Radioactive Mineral Ores) Regulations 2008.

Section 3 of the Mines and Minerals Development Act states that all rights of ownership of minerals are vested in the President on behalf of the Republic.

Licences: the following mining licences may be granted under the Mines and Minerals Development Act:

1. Prospecting: confers on the holder of the licence exclusive rights to carry on prospecting operations. It is valid for a period of two years. It may be renewed for a further two-year period. The total maximum period shall not exceed seven years.

2. Large-scale mining: confers on the holder exclusive rights to carry on mining and prospecting operations in the mining area. The licence is granted for a period not exceeding 25 years. A separate large-scale gemstone licence is granted for gemstone mining for a period not exceeding 10 years.

3. Small-scale mining: the holder is granted exclusive rights to carry on mining operations. The licence is granted for a period not exceeding 10 years. A separate small-scale gemstone licence is granted for gemstone mining for a period not exceeding 10 years.

4. Artisan’s mining: an artisan’s mining right shall be valid for a period of two years.

Royalties: the rate is 3% for base metals, industrial minerals or energy minerals, and 5% for energy minerals, precious minerals and gemstones.

Ministry of Mines and Mineral Development (www.zambiamining.co.zm)

Constitution

Constitution of Zambia.pdf

Environment

Environmental Protection & Pollution Control (Environmental Impact Assessment) Regulations 1997

Environmental Management Act

Land

The Lands Act.pdf

Mining

Mines & Minerals Development Act

The Mines & Minerals (Application for Mining Right) Regulations

Petroleum Exploration & Production Act

Water

Water Resoures Management Act

Organisations operating in Zambia: 

Trust for Community Outreach & Education

Jesuit Centre for Theological Reflection

ActionAid

Publish What You Pay International

Zimbabwe

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Legal Overview:

Jurisdiction: Common Law

The principal law regulating mining in Zimbabwe is the Mines and Minerals Act 1961, which is a consolidation of all laws relating to mines and minerals. There are ancillary acts, regulating dealing and exports of minerals and the establishment of various statutory bodies within the sector.

Chapter 21:05 of the Mines and Minerals Act states the right and ownership to all minerals, mineral oils and natural gases under the soil, including the rights to search, mine for and dispose of such minerals, mineral oils and natural gases vests in the President of Zimbabwe on behalf of the state.

Licences: the Mines and Minerals Act provides for two types of exploration licences:

1. Prospector’s Licence: a Prospector’s Licence is intended for small-scale prospectors and is valid for two years only. It does not give an exclusive right to the holder. It can only be given to Zimbabwean residents or their appointed agents.

2. Exclusive Prospecting Licence: an exclusive right is created to prospect for specified minerals in any defined area in Zimbabwe. It is granted for an initial period of three years and may be extended for a further period not exceeding three years.

Royalties: the rate is 5%.

Ministry of Mines and Mining Development (www.mines.gov.zw)

Constitution

Constitution of Zimbabwe

Environment

Zimbabwe Environmental Law Association - Atmostpheric Pollution Prevention

Zimbabwe Environmental Law Association - Environmental Management

Land

Rural Land Act

Communal Land Act

Land Acquisition Act

Rural Land Occupiers

Mining

Gold Trade Act

Mines & Minerals Act

Water

Water_Act

Organisations operating in Zimbabwe: 

ActionAid

SAIIA

Publish What You Pay International

Kasa Ecumenical Service on Southern Africa

 

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