Human Rights, Mining and the People of Kono

Human Rights, Mining and the People of Kono

After the First and Second World Wars, the international community and the big world powers came to realize that human rights violations and abuses were in a very high proportion. They therefore resolved that something had to be done in order to stop or minimize these violations. This resolve, coupled with other considerations, ultimately led to the formation of the United Nations Organization in 1945.

by Abass Kamara

In its preamble, the United Nations Charter states:" We the peoples of the United Nations, Determined.. To reaffirm faith in fundamental human rights in the dignity and worth of the human person."

These words actually emphasize that one of the purposes for which the organisation was formed was to achieve dignity and worth of the human person.

Today, the concept of human rights could be viewed from three main stages. The first or early stage came about in the course of the French and American Revolutions. In these two revolutions were attached the rights of humanity.

The second stage as already stated, came about as a result of the First and Second World Wars. The end of these wars ushered in a period of conventions such as the Universal Declaration of Human Rights in 1948. This in effect marked the recognition and beginning of the battle against human rights violations.

The third stage is the enforcement of these rights and the penalties attached to them. This could be seen in the various tribunals carried out in various parts of the world e.g. the Nuremberg tribunal of Nazi Germany, the Harusha tribunal in Tanzania, the Special court in Sierra Leone etc are all set up as a result of human rights violations meted out, especially, on innocent civilians.

In Sierra Leone, as in other parts of the world, the recognition and protection of these fundamental human rights and freedoms of the individual are embedded in chapter three of the 1991 constitution and other areas of the laws of Sierra Leone. Such rights include freedom of movement, protection from inhuman treatment, protection from deprivation of property, protection for privacy of home and other property etc.

In the diamondiferous area of Kono, eastern Sierra Leone, there is a great deal of human rights violations, particularly within and around the mining areas. Here are some of the problems, or rather violations, experienced by the local communities living in these areas:

• The local inhabitants are constantly being dislodged at irregular intervals as a result of the blasting carried out by the company, thereby, leaving them with no peace.
• The health condition of the local inhabitants is seriously affected as a result of the noise, pollution and other activities carried out by the company.
• The local community is not properly/sufficiently informed about the impact of these mining activities on them and on their environment. No alternative plans were in fact made to relocate them. They are completely ignorant of any agreement made between the company and the government.
• As a result of the above, there has been serious confusion between the local inhabitants and the company, resulting to a court action.
• The local community never made its input on the EIA and also never gave its approval of it. It was only recently, in the last week of January 2004 that the people came to know about it.
• The buildings of the local community were destroyed and the people sometimes suffer physical injuries.

All the points mentioned above are actual violations of basic human rights. Let us examine briefly some of the principal functions and legal responsibilities of the state. Section 6 (2) (b) of the 1991 constitution clearly states that for the purpose of promoting national integration and unity the state shall "secure full rights of residence for every citizen in all parts of the state." Section 7(1) (d) 1991 constitution requires the state to "ensure that government shall always give priority and encouragement to Sierra Leoneans to participate in all spheres of the economy."

Section 4(2) of the Environment Protection Act 2000, states that it is the function of the National Environmental Protection Board to "investigate any activity, occurrence or transaction which it considers is likely to have or result in harmful consequences to the environment and advise on measures necessary to prevent or minimize such consequences."

Section 19(1) of the same Act states that "the Director shall, after receiving an Environment Impact Assessment, circulate it to professional bodies or associations, government ministries and non-governmental organisations for their comments."

In all that has been stated above there is either very little or nothing done at all.

Let us also consider the responsibilities, rights and duties of mining companies - local or foreign. By virtue of the Mines and Minerals Decree 1994, a company is required to submit an Environment Impact Assessment to the Minister of Mines before mining could start. The mining company should therefore make sure that it works strictly by that document.

Section 14, Cap 249 of the Laws of Sierra Leone states that the Memorandum and the Articles, if any, shall be delivered to the Registrar and he shall retain and register them. Section 20, Cap. 249 states that "a company may, by special resolution and with the approval of the registrar, signified in writing, change its name."

The fact of the matter is that some of these mining companies never observed these laws and their actions most often than not, always have adverse effects on both the environment and the people living in their areas of operations.

It is therefore the rights and responsibilities of the affected people whose basic human rights have been violated to stand up and defend them. After all, it is their constitutional right to "make positive and useful contributions to the advancement, progress and well-being of the community" ­ Section 13(f) of the 1991 constitution.

It is also their right to "participate in and defend all democratic processes and practices." ­ Section 13 (1) of the 1991 constitution. Section 20 (1) of the 1991 constitution makes provision for protection from deprivation of property. But what are the people doing? Are they capacitated enough to defend their rights?

The way forward is simple. All that the government needs to do when problems of this nature arise is to exercise section 26(1) of the Environment Protection Act 2000, which gives it the power to cancel licenses, suspend or impose additional or modified conditions for the license. As for the affected local communities they have the option to either sue the government or the mining company to court. They could make claims against the government by virtue of the Protection of Rights clause - section 3, cap 23 of the constitution of Sierra Leone.

However, this is yet to be seen. But the question according to the interpretation section of a bill entitled: The Human Rights Commission of Sierra Leone Act 2004" states that "human rights includes the rights relating to life, liberty, equality and dignity of the individual protected or guaranteed by the Constitution or embodied in the international conventions, treaties and other agreements to which Sierra Leone is a party."

Where and when there is a violation of these rights the person so affected could invoke section 11 of this document which states: "it shall be lawful for the commission in its report on an investigation, to recommend the payment of compensation for victims of human rights violations, their families or legal representatives and may also award costs in appropriate cases."

(Abass Kamara is the Research and Legal Adviser of NMJD)