Listen and heed the just demands of the poor affected communities

Listen and heed the just demands of the poor affected communities

Increasing investment in extractive industries has had an immense negative impact on livelihoods in local communities in Sierra Leone. Our government over the years has proven to have little capacity to prevent often extensive, negative consequences to human health, livelihoods and sustainability of ecosystems. Mining projects have led to rampant deforestation, frequently pushing local indigenous people and other rural communities off their land. Extractive industries may have the potential to promote economic growth and poverty alleviation, but only if they are properly regulated. Comprehensive and enforceable pro-poor regulations are necessary in order to control the negative social and environmental impacts of these industries, and to guarantee equitable distribution of benefits to impacted areas. How can this sector contribute to poverty alleviation for the majority of Sierra Leoneans when it concentrates wealth in the hands of a few, especially foreigners, displaces people from their lands and degrades the resources upon which many poor people depend?

by Abu A. Brima National Coordinator, NMJD

In the recent past, before the outbreak of the war, the diamond industry was no longer coordinated or controlled putting at risk the local communities when confronted with foreigners (Lebanese and other West African Nationals) and government officials as well as local authorities. During the civil war, the warring factions took advantage of this chaos to wreck havoc on the land and people of the district, effectively using resources generated from this to bankroll their war machinery. In 2000, at a national consultative conference on mining organized by Network Movement for Justice and Development under the Campaign for Just Mining in Sierra Leone, it was recommended that the mining be put on hold for the next five years till a re-organization, re-orientation is done leading to a pro- poor and development policy on mining. Did anyone listen? It is anyone's guess as can be read from the following pages.

Following the official declaration of the end of the war in January 2002, the government considered the maximum exploitation of the mineral (diamond) resources as a major source for ushering the country again on the path to economic recovery. Then pouring like rain many diamond-mining companies came to Kono, some as new entities, others returning to restart their old businesses they abandoned during the war years. Among the old businesses is the 25-year 4.0 Sq.Km. (2.5. Sq. Miles) Koidu Kimberlite Project Mining Lease Agreement (Decree No.12) of 1995 granted to Branch Energy (SA) Ltd. A subsidiary of Diamond Works within the Tankoro Chiefdom in Koidu Township covering settlements/communities like Sokogbe, Saquee and Swarray towns. These rich Kimberlite deposits at Koidu are estimated to be worth more than US$2 billion.

In June 2002, Branch Energy (SA) Ltd entered into a joint venture agreement with Magma Diamond Resources Ltd. In September of the same year, the two companies successfully concluded negotiations and reached agreement on the ownership and operations of the Koidu Diamond Project, which saw the establishment of (under the terms of the agreement) a special purpose company now known as "Koidu Holdings Ltd." This new creation has since its inception and start of operations been enjoying a lot of favour and support from the highest quarters. It is a key member of the USAID-backed/supported Peace Diamond Alliance (PDA); it got His Excellency, the President of the Republic of Sierra Leone to urge the people of Kono to cooperate with the Company (a subtle way of intimidating the people) at the launching of the PDA in August 2003, and at the opening of the Motema Police Station in February this year.

The Company started blasting for Kimberlite with impunity way back in October without due observance of the environmental laws of the land; uses the radio in Kono to announce the illegal removal/dislocation of the community people before blasting but never reporting the negative outcomes of the blasting; got the government to unlawfully imprison some affected community leaders for several months for alleged disruption of the work of the company; got the police in Kono to force NMJD and Campaign for Just Mining to obtain "Police Clearance" before conducting a community sensitization meeting (Has Kono become a police state now?); the authorities never listen to the cries of the community people and civil society for the unlawful and irresponsible manner in which the mining operations are being conducted. Whatever is bringing KHL so much favours and support is a matter that deserves investigation. But let us start to take a quick look at the impact of the Kimberlite Mining Project so far if we are to understand the long- term implications of this project for Kono and Sierra Leone

affected communities The local communities of Sokogbeh, Saquee and Swarray Towns comprising about 5,000 inhabitants told us during our two days consultation with them in February this year that they consider this Kimberlite mining as one of the greatest threats facing the land, their territories and resources they depend on and ultimately, their existence.

• communities no longer have access to traditional bushes/forests to do their farming/gardening; an activity they had depended on for cash income and consumption;
• traditional small-scale miners had been displaced without the provision of alternative income or compensation;
• sacred sites and burial grounds have been desecrated, and community elders complained about a growing disregard of traditional norms and values;
• well-functioning communities are beginning to break down and social integrity eroding, breeding internal conflicts within communities
• communities no longer have access to the fish and potable water formerly freely available in rivers.
• existing water wells in the communities are fast drying up leaving the people to trek to long distances for water.

Human rights abuses

There are many reports of company personnel intimidating the people and forcing them out of their houses/homes when blasting times are announced. The human rights violations that surfaced during the consultation process included cases where:

• inadequate respect is paid to community land rights and there was no effective protection for traditional livelihoods and cultures;
• people are forced to abandon their homes and food to flee the flying stones during blasting;
• cultural rights are disregarded, such as the desecration of ancestral burial grounds and other sites considered sacred by local people;
• violent means have been used by the police against local community leaders when they question the project for not keeping to its promises. This led to their arrests and unlawful detention for several months;
• local communities are discouraged or hampered from seeking legal advice and help from concerned NGOs;
• people were imprisoned without trial for up to six months;
• communities live in constant fear of the threat of possible violent eviction, of using land for any economic activity, of the impacts of pollution, and of having community school buildings demolished;
• at times of blasting schools are closed down and businesses are made to stop for as long as the blasting goes on as determined by the company without negotiation or due respect for the rights of the people.

Degradation of the environment and natural resources

With the absence of the enforcement of environmental regulations and laws, and the seeming unwillingness of government to monitor what is going on, the Kimberlite Mining operations are creating serious environmental damage to their surroundings. This has resulted in a loss of livelihood or a loss of access to resources such as clean water, fresh fruits and forest/bush meats and herbs.

Numerous other examples of environmental degradation were reported;

• access to clean water has reduced;
• fishing or other community hunting and palm wine tapping activities terminated;
• respiratory problems due to dust and other health problems are becoming evident;
• any portions of land are being eroded leaving some communities without homes and others without valuable farmland;
• the number of vehicles on roads increased, often degrading existing transportation infrastructure. The non-stop use of these heavy vehicles cause sleepless and restless nights, further exacerbating the already weak, poor health conditions of especially the old, sick, pregnant women, sucking mothers and their babies.

Lack of consultation Information and reports received by NMJD reveal that the local communities in question do not have the capacity or the institutions to negotiate effectively with a corporate entity. To compound these problems, consultations done were only as a formality to fulfill legal obligations or the World Bank Group (MIGA) procedures.

The following problems were recorded relating to the consultation process to develop the Environmental Impact Assessment (EIA)

• in the consultation process, the relevant documents that should be disclosed and provided to communities were not physically accessible or made available
• affected communities were not informed about their rights or their entitlement to comment on the various project documents;
• people who questioned the project were often ignored, others threatened, or harassed;
• consultations were often not properly announced, only selected people or groups were invited;
• the processes of consultation were not monitored by government;
• the involvement of women is almost absent and children completely absent;
• the EIA, since its release in late January 2004 in Sierra Leone and to MIGA in October last year, has not been made available at public places or in the local communities. It has neither been translated into the language of the local people nor any discussions held on it;
• even the little inappropriate consultations that were done were only with the men, and failing to take account of the women's perspectives, thereby disenfranchising the local women, undermining their traditional roles and responsibilities, and increasing gender inequalities within the community. As a result, women will be largely denied access to the benefits from the mining activity, while at the same time they bear the burden of the negative impacts, including alcohol-related problems and marriage breakdowns.

Lack of any credible grievance mechanisms

Due to the lack of any credible grievance mechanisms for communities, struggles against human rights violations go on without any resolution. At the moment the government and company have not even bothered to discuss or provide compensation for these violations - compensation to communities for lands or resources, houses and even for the environmental damage they have created. It is sad that communities are not able to seek recourse for the environmental, social, and human rights violations inflicted by the company.

Lack of perceived benefits

Local communities and NGOs working with them have raised the issue of the lack of perceived benefits to the local communities. These communities whose lands are being used for this mining projects are living without electricity, and with very inadequate health clinic, schools, and very bad roads.

Beyond failing to provide benefits for local communities, this mining project has the potential to be instrumental in creating many social and economic problems including: squatters, alcohol-related violence, criminal activities, marriage breakdowns, and an increased number of single motherhoods

Labour, labour standards and poverty alleviation It is sad to note that the communities complain bitterly about the next to non - employment of the children and able bodies of the affected communities often on the grounds that their parents are opposed to the mining project. Instead, those employed are mostly from far away locations, especially outside Kono district. The employment benefit to the people of Kono is yet to be enhanced

As pointed out in a 2001 World Bank Group publication; "The principles embedded in the International Labour Organization's (ILO) Core Labor Standards can contribute to the World Bank's development mission. . . .[They] can contribute to economic growth and reduce workplace risks faced by the poor."

The International Labour Conference of 1998 drafted and adopted the ILO Declaration on Fundamental Principles and Rights at Work. This Declaration, adopted by the ILO's highest decision-making body, makes observance of certain fundamental labor rights an obligation for all 177 ILO member countries arising from the very fact of their membership. Even if they have not ratified the conventions in question, all member states must provide regular reports to the ILO on how the specified rights are observed in the country. These rights, generally known as the Core Labor Standards (CLS), cover four areas of fundamental rights and are defined in eight ILO Conventions, out of a total of 185:

• elimination of all forms of forced or compulsory labor (C. 29 and C. 105);
• abolition and effective elimination of child labor (C. 138 and C. 182);
• elimination of discrimination in respect of employment and occupation (C. 100 and C. 111); and
• freedom of association and the effective recognition of the right to collective bargaining (C. 87 and C. 98). Investigation into KHL compliance with these Core Labour Standards will be required.

What forms the underlying factor that continues to plague the work of KHL and draw attention to civil society scrutiny of it is the disregard, respect and non- recognition of the rights of the local communities and indigenous people. And to the government of Sierra Leone I can only say that poverty alleviation and economic growth cannot be envisaged without protection of land and resources rights. The economic base that land provides needs to be accompanied by cognition of indigenous peoples' own political and legal institutions, cultural traditions and social organizations. Land and culture, development, spiritual values and knowledge are all one. To fail to recognize one is to fail on all.

In conclusion I can only echo what the recently published World Bank Extractive Industries Review Report observes; that " Failure to recognize and respect the rights of indigenous peoples and local communities undermines efforts to alleviate indigenous peoples' poverty and to achieve sustainable development". This is the path to justice, sustainable peace and security.