SADC Regional Mining Vision Consultative Forum For Civil Society Organisations (CSOs)

PREAMBLE

As Southern Africa Development Community (SADC) gears to be the first regional bloc to craft its Regional Mining Vision (RMV) in order to explore opportunities for optimising sustainable development impact from exploitation of minerals, Civil Society Organisations (CSOs) from seven SADC countries met to give their input into the draft SADC RMV. Countries that were represented during the SADC RMV consultative forum for CSOs include Angola, Botswana, Lesotho, Mozambique, Swaziland, South-Africa Zambia and Zimbabwe. Organised by the Zimbabwe Environmental Law Association (ZELA), the meeting was held at Birchwood hotel in Johannesburg, South Africa on Wednesday, 21 March 2018. The objectives of the meeting were;

  • To raise awareness and understanding of the draft SADC RMV among CSOs to enable pointed contributions which add value to the development of the vision;
  • To discuss ways to cascade conversations around the draft SADC RMV to the citizens of each member state;
  • To share ideas on how to generate political will for and ways to hold government to account on realisation of SADC RMV aspirations.

The meeting was facilitated by Mtwalo Msoni from Publish What You Pay (PWYP) Zambia. Tafadzwa Kuvheya of PWYP South Africa gave the welcome remarks in which she highlighted that high inequality in South Africa makes a compelling case for crafting a SADC RMV that optimises community share of benefits from mining. Dr Oliver Maponga with United Nations Economic Commission for Africa (UNECA) shared the draft SADC RMV which is shaped by the tenets of the African Mining Vision and accordingly is aimed at optimising the sustainable developmental impact of mineral resources extraction across the region whilst being cognisant of the differing maturity of the minerals sector[1] in the Regional Member Countries (RMCs).

In its vision, “the SADC region strives to attain a transparent, equitable and optimal exploitation of regional mineral resources to underpin broad-based sustainable regional growth, socio-economic development and inter-generational equity, through the realisation of all of the mineral linkages, in line with the SADC Regional Development Agenda and other continental and international aspirations”

CSOs CONTRIBUTIONS TO IMPROVE THE DRAFT SADC RMV

Following the review of the SADC RMV, the CSOs present in the seven countries agreed the following to be incorporated into the report ;

  1. On the Glossary of the SADC RMV.
  • A glossary to define key terms used in SADC RMV be included in the framework; for instance, define parameters of “transparency” and “local community”.
  1. On the Tenets as presented in the RMV.
  • There was need to add an addition tenet on “community participation and share ownership” in mining and related business.
  1. On the aspirations of the RMW on Mineral Governance.
  • It was submitted that although the regional mineral revenue transparency framework is desirable, the brand SADC Extractive Industry Transparency Initiative (SEITI) may not be palatable to countries like South Africa and Zimbabwe who prefer home grown initiatives rather than western driven frameworks. As such, the key underlying framework to promote good governance and transparency in the mining sector should be operationalization of the African Minerals Governance Framework (AMGF).
  1. On the RMVs aspirations on Mineral Fiscal Linkages
  • There was need to include domestic investments(investments from within the region) in the RMVs proposed initiative to “develop of a regional agreement to manage foreign direct investment into the region from tax havens and/or secrecy domains and encourage foreign investment from similar tax and transparency jurisdictions”
  1. On the RMVs aspirations on Mineral Forward Linkages for key mineral feedstock
  • There was need for the RMVs to ensure that “Mineral knowledge linkages” are reflective of how SADC intends to deal with policy tension linked with renewable energy and fossil energy.
  1. On the RMVs aspirations on the Mineral Knowledge Linkages
  • There was need for the RMV to include an aspiration on the protection of national heritage into its proposed aspiration on the “harmonization of all mining legislations to include license obligations for corporate local-regional spending on research, development and innovation and on skills development”
  1. On the RMVs aspirations on the Artisanal and small-scale mining sector
  • The vision should inspire regional linkages in ASM sector on issues like innovation, research and development, backward and forward linkages since the sector has unique attributes compared to large scale mining. Focus on ASM linkages is quite critical considering that community participation or participation of indigenous knowledge is very important.
  • Differentiation of artisanal mining and small-scale mining is needed
  • Special permit for artisanal mining which is locally accessible and affordable
  • Demarcated zones for artisanal mining which are well prospected to ensure profitable mining
  • Special inheritance laws for women and the girl child in the ASM sector
  • Fair and equitable access to mining claims, finance and other opportunities for women along the ASM sector value chain.
  1. On the RMVs aspirations on Environment and Social Impacts on Mining

CSOs noted with concern that the draft SADC RMV neither included a specific aspiration on Environment management nor provided sufficient content on environmental management in detail. As such the following were suggested to be included as aspirations of the SADC RMV on environmental management;

  • Harmonization of environmental requirements to avoid race to the bottom. (permitting requirements, independent EIA consultants- with community input)
  • Following harmonization; consider a SADC framework on environmental protection for member countries so as to ensure compliance through interventions of countries with have passive environment protection implementation. SADC should consider having a comprehensive Unit for this
  • Ensure the establishment of Environmental Closure/Rehabilitation Funds in all countries in the region.
  • Consider adding specific aspirations on mitigating the environmental impacts of integrated regional mineral beneficiation
  • Consider regulations on quarantine of use of specific chemicals across the countries
  1. On Communities

CSOs noted that the RMV did not include specific aspirations on communities, as such, it was proposed that aspirations of mining on communities include;

  • A Definition for the parameters of a “mining community” in the SADC region
  • Aspirations on the direct benefits of “mining communities” from the linkages as proposed in the RMV
  • Aspirations on adherence to Free Prior Informed Consent principles
  • Aspirations to ensure adequate participation of women in planning and community ownership processes
  • Aspirations on communities granting a social licence to operate Social licence to operate
  • Develop compensation benchmarks for displaced communities (pollution etc)
  1. On Gender

CSO that the SADC RMV needed to include specific aspirations on gender, as such it was proposed that the RMV include;

  • Aspirations on equal employment opportunities obligations to admit at least a number of women in the training schools.
  • Adequate participation of women in planning and community ownership processes(FPIC)
  • References to the to SADC protocol on Gender and the Sustainable Development Goals on Gender (SDG 6)
  1. On CSR/CSI Codes and Protocols
  • Aspirations to prioritize the supply of services and goods to local community owned business
  • The Development a SADC protocol on CSR and FPIC (include a tribunal where local communities are consulted first)
  • Ensure a legal social and labour plan (SA law can be used as a reference point)
  • Develop a SADC community development agreement plan for all companies to input on.

ACTION PLAN

Anne Mayher with IANRA facilitated the action plan.

A. Actions between 21 March and 31 May 2018. Some of the following activities are to be done before 31 May, while some of them will also continue to be carried out on an ongoing basis, even after the 31st of May.

  1. Timeline – Aim is for the RMV to be tabled with SADC in about 6 months with much back and forth in between in finalising it. AMDC will take our submissions and see how to include them in the RMV and send us back a revised document for our further comments, and then they will finalise the document.
  2. 1st action after the meeting – compile our own input – at this meeting this is what came out. Report will be shared by Mukasiri Thursday the 22nd of March – with this group. We can then give input. Give us 3 days to finalise the report.
  3. 2nd action – Each country present should facilitate the sharing of the AMV and this group’s recommendations to ask for additional input. Comments should be submitted by 30th of April for consolidation by a sub-committee including Mphila, Mukasiri and Tafadzwa. They will compile the report of all the submissions, identifying common threads/issues and major points of difference – this compilation will start by the 20th of April. This document will then be shared with the group, and then it will be shared with SADC via IANRA. Group will make every effort to submit input by 30th of April. If group members need more time, then final deadline will be 31st of May. Everyone should take their own initiative and maximise events and activities to get input on the RMV. Regarding Consultations:
  • IANRA – Teleconference with IANRA members by 4 April to get their input on this plan, develop a strategy/activities/plans. Write an email which shares the draft, action plan, share docs – to give inputs. Make sure members are well aware of developments that are taking place… generate report.
  • Alternative Mining Indaba (AMI) – Share documents on AMI email lists.
  • SADC Coalition of NGO’s – Look at SADC 1 campaign, share documents with its database.. Semere. Also consult with NANGO’s.
  • Documentation of consultation process is needed. It should be captured in the report.
  • Need to ensure inclusivity in consultations with CSO’s.
  • Training/consultation meeting with IANRA, and other CSO’s?
  • A popular version of the draft SADC RMV must be produced and translated to local languages to bring on board community voices
  1. Form an email list for this group – Mukasiri
  2. IANRA could champion the RMV along with attendees at the meeting through a specific country such as Zambia, Lesotho or Swaziland.
  3. Write to AMDC for technical support
  4. In Zimbabwe – parliament is also easily excitable – could work with them to influence RMV processes.

B. Consultation with CSO’s and communities (ongoing even after 31 May 2018)

  • CSOs to hold multi-stakeholder dialogue meeting on regional mineral value chains to hold to account government on implementation of the SADC RMV.
  • Work with Alternative Mining Indaba (AMV on agenda for last 3 yrs) to talk about RMV next year.
  • Use National AMI processes, such as the NAMI coming up. Share dates for national AMI’s.
  • SADC People’s Summit – in August. Tafadzwa will ask EJN re including consultation on RMV there. Also see if Sheilan at AMI could do some coordination of getting input from AMI attendees.
  • Mid-August Forum. Find space there for consultation.
  • Southern African Council of Churches FOCCISA could also be considered for consultation
  • AMDC website – SADC could develop some of the tools that have done by AMDC.

C. Fundraising:

  • ECA funded this process. How do we target those that are funding these development processes – to work with CSO’s.
  • Look at possible donors for additional consultations – NCA? Oxfam Southern Africa?
  • CSOs to popularise the draft SADC RMV in each member state, stimulate discussion and compile country input for the draft SADC RMV before the end of April.
  • International Alliance for Natural Resources in Africa (IANRA) and SADC association on non-governmental organisation to circulate the draft SADC RMV and work-plan to their members and encourage them to popularise the vision.
  • Initiative for Natural Resources in Africa (IANRA) to consolidate comments from each member state for submission to SADC secretariat.
  • A popular version of the draft SADC RMV must be produced and translated to local languages to bring on board community voices
  • CSOs to hold multi-stakeholder dialogue meeting on regional mineral value chains to hold to account government on implementation of the SADC RMV.

[1] “mineral” sector includes all activities related to exploration, construction, mining, mineral processing, smelting, refining, up to the production of mineral-based intermediates ready for consumption in the local/regional manufacturing, infrastructure, agriculture and other downstream sectors.

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