The
Mozambican Bar Association (OAM) has demanded that coal mining companies in the
western province of Tete be held responsible for their failure to resettle
people affected by their activities.The companies in question are the Brazilian
mining giant Vale, which operates an open-cast mine in Moatize district, and
the Indian comp any Jindal, which is working in Marara district.According to a
statement published on Thursday, the OAM has already requested the
Administrative Tribunal to order the Ministry of Land, Environment and Rural
Development to collect fines from the two mining companies for their failure to
comply with the approved resettlement plan.The fines would be enormous, at 10
per cent of the total value of the Vale and Jindal undertakings. The OAM says
such a fine is covered by the August 2012 regulations on resettlement arising
from economic activities.The OAM has been monitoring the situation of
communities affected by the foreign investment mega-projects, and it found that
the resettlement of households affected by Jindal’s mining activities has not
happened at all. These households, the OAM statement points out, “are still
living within the mining concession area granted to Jindal, in an environment
of pollution which endangers their lives”.
The
Tete Provincial Administrative Tribunal in 2017, and the national
Administrative Tribunal, in June this year, both ordered Jindal to resettle the
households affected, but to date it has not done so.Vale did resettle some of
the communities affected by its Moatize mine, but that resettlement has always
been vigorously contested as shoddy and unjust. The OAM points out that
negotiations are continuing with the affected communities to ensure the payment
of fair compensation.The cases of these two companies, the OAM argues,
“represent the paradigm of unjust resettlement, marked by illegalities and
violations of the fundamental rights of the households affected, particularly
the right to land, decent housing, food security and sources of livelihood”.
The
OAM says such cases are clearly covered by the 2012 regulations on resettlement
issued by the government, and it is up to the government to penalise the
companies that defy those regulations.But to date the government has declined
to use its authority. The OAM accuses the Ministry of Land, Environment and
Rural Development of “choosing to nourish the impunity of Vale and Jindal”,
which perpetuates “the precarious living conditions of the communities
affected”.In Moatize, a community that has not been resettled took matters into
its own hands and shut down part of the Vale mine, known as “Moatize-2”, on 4
October because of the noise and dust pollution it was causing.People living in
the Moatize neighbourhoods of Bagamoyo and Nhantchere invaded the mine to force
a stop to the explosions there. The demonstrators succeeded in halting the
machines that were working at the time, in one case by hurling a rock through
the windscreen.The protesters want the mine to be closed definitively.
Alternatively, the households affected could be resettled far away from the
coal dust which threatens them with lung diseases. In addition to the dust,
they say that the explosions in the mine cause vibrations which are damaging
their homes, causing cracks to appear in the walls.The standoff continued this
week when the protesters refused to allow the company to carry out experiments
with machinery that would supposedly reduce the impact of the vibrations.According
to a report in the Moatize online paper “Malacha”, the machines were moved in
without first informing the community. In vain did Vale representatives tell
the protesters that they were not restarting mining operations, but merely
testing new equipment, in the presence of specialists.The community, which had
banned the movement of any machinery the previous week, refused to change its
position, and gave the company half an hour to stop the machines.
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