Energy Transition Minerals꞉ Putting Communities First for Community Development

1. Preamble

1.1 The 13^th Edition of the Zimbabwe Alternative Mining Indaba (ZAMI) was held in Bulawayo from the 28^th of October 2024 to the 1^st of November 2024 under the theme, “Energy Transition Minerals꞉ Putting Communities First for Community Development, convened by the Zimbabwe Environmental Law Association (ZELA), Zimbabwe Coalition on Debt and Development (ZIMCODD), and Zimbabwe Council of Churches (ZCC).

1.2 Over 150 delegates from various sectors representing public, private, and Non-Governmental Organizations, including the Office of the President and Cabinet (OPC); Ministry of State for Provincial Affairs; Ministry of Mines and Mining Development; Ministry of Women Affairs, Community, Small, and Medium Enterprises; Environmental Management Agency (EMA); Zimbabwe Revenue Authority (ZIMRA); Parliament of Zimbabwe (PoZ);  community and environmental activists; the Church; academia; development partners; media; and various Civil Society Organizations (CSOs), convened in Bulawayo while many others participated virtually.

1.3 The 13^th Edition of the ZAMI probed diverse discussions on opportunities for the Just transition in the mining sector with a  focus on many areas including, but not limited to, Clean Energy Transition; Public Debt, the Inequality and Extractives Nexus; Responsible Mining; Mining Royalties and Tax Justice; Mining Induced Displacements; Legal Framework in the Extractives; and Environmental Impacts of Mining.

1.4 Recognizing how pivotal the 13^th ZAMI is as the world shifts and commits to a Net Zero Economy, guided by the Paris Agreement, to combat climate change-induced existential threats. As a result, this global commitment is driving a substantial increase in demand for critical minerals and the need for investments in the same value chains. The 13^th ZAMI comes at a time when the country is working towards Vision 2030 through the National Development Strategy 1 that is coming to an end in 2025 and the 12 billion Mining Economy by 2023 that was achieved resulting in legal reforms that we celebrate today. Zimbabwe is experiencing a drought due to the Elnino Effect increasing poverty levels in communities and negatively impacting the agricultural sector and exerting pressure on the mining sector.

1.5 Acknowledging and appreciating the efforts being made by the Government of Zimbabwe to increase transparency and accountability in the mining sector by undertaking responsible mining audits and promoting value addition and beneficiation in the mining sector. Grateful that the Government of Zimbabwe launched the 2^nd Responsible Mining Audit which is a key tenant in environmental social governance compliance and reducing the costs of Mining on the environment and communities.

1.6 Cognizant that the 2024 ZAMI was convened at a critical time when laws and policies on mining and environmental management are being reformed and amended, including the Mines and Mineral Amendment Bill, Environmental Management Act, Minerals Development Policy, Climate Change Bill, the Artisanal Small-Scale Gold Mining Strategy and the lapse National Development Strategy 1 in 2025.

1.7 Reaffirming that God has given our nation enough resources to ensure sustainable development for a prosperous Zimbabwe if we exercise good stewardship. “The earth is the Lord’s, and everything in it, the world, and all who live in it.” (Psalm 24:1).

1.8 Concerned by the increased environmental degradation caused by unsustainable resource extraction, elevated competition between resource extraction and other land uses, the lack of open beneficial ownership registers, exploitative global financial and tax systems, gaps in the legal and policy frameworks, gaps in benefit sharing mechanisms, lack of/and gaps in local development plans, gaps in community engagement, and ballooning mineral resource revenue leakages.

1.9 Alarmed by high escalating national debt which has surged to over US$21 billion as of June 2024, plunging Zimbabwe into debt distress. This is disproportionately hitting the poorest and marginalized societal groups as substantial fiscal resources are now earmarked for debt servicing, diverted away from critical social services like health and education.

1.10 Emphasizing that debt unsustainability has collapsed Zimbabwe’s capacity to mobilize domestic resources. Consequently, the nation is now partly relying on resource-backed loans, which are exacerbating corruption and unsustainable resource extraction. Furthermore, the Constitution section 13(4) encourages community benefit from natural resources in their locality and section 73 on environmental rights, we emphasize that government domesticate the UN General Comment 26 on children’s rights and the environment with a special focus on climate change considering the drought situation in Zimbabwe.

1.11 Worried by lucrative tax incentives awarded to mining companies while taxes on individuals are increasing exponentially. This is draining the fiscus and subduing disposable incomes thus constraining public service delivery, collapsing aggregate consumer demand, widening societal inequalities, and deepening poverty.

1.12 Distressed with the increase in water pollution cases attributed to mining, depletion of water resources, and water contamination due to uncontrolled Riverbed Mining and Siltation. In August 2024, the Government reaffirmed the Ban on Riverbed Mining due to the non-compliance which has caused water contamination and heavy metal pollution because of the use of Cyanide, Mercury, and other ore processing chemicals.

PARTIES TO THE 13th ZAMI RECOMMENDED THAT:

• The nation should reduce reliance on borrowing by embracing strategies for domestic resource mobilization for sustainable development such as improving natural resource governance, tax policies and legislation, strengthening public institutions and public financial management, and diversification of economic activities.
• The government must consider empowering local community leaders to negotiate natural resource contracts with multinational mining companies by building their capacity and giving them the power to engage.
• Government and Ministry of Mines and Mining Development should release the Responsible Mining Audit one (1) results and include stakeholders such as communities, Civil Society Groups, District Local Government Stakeholders in the 2^nd Responsible Mining Audit Processes
• The Government of Zimbabwe, Ministry of Finance and Investments Promotion should review the National Development Strategy 1 which is coming to an end in 2025
• The government must promulgate sustainability reporting laws and policies that mandate mining companies to disclose the impact that their businesses have on the economy, environment and people
• The government should prioritise accelerating the realisation of NDS1 strategies in the mining sector to promote increased and sustained growth in the sector particularly on finalisation and implementation of mineral specific policy frameworks and a comprehensive review of the Gold Trade Act, Precious Stones Trade Act and amendment of the Mines and Minerals Act.
• The government through the Ministry of Lands and Agriculture, Zimbabwe National Water Authority (ZINWA) should enforce the Ban on Riverbed Mining and regulate water use in mining communities to deal with the competition for water resources considering the drought and water stress in mining areas.
• EMA and Local Authorities to enhance its water quality monitoring mechanisms through strengthening grassroots monitoring initiatives such as environmental monitors, working with Zimbabwe School of Mines and Universities who champion technical expertise on water quality testing.
• Government must push through the SADC and AU for the development of a protocol around environmental sustainability to address ecological degradation from mineral exploitation to ensure that mineral benefits are sustainable.
• The government should also support the UN Tax Convention to help standardize the tax systems and minimize the practices of tax evasion and avoidance that deprive the region and the continent of much-needed development resources.
• To promote community engagement and accountability in the mining sector, CSOs should actively engage with the Mediation and Consultation Mechanism for the Mining Industry and Mineral Value Chain (MCM). This accountability mechanism, developed by the CCCMC, provides a platform for mining-affected communities to voice concerns regarding Chinese mining operations’ environmental, social, and human rights impacts. The specific actions for CSO include raising community awareness about the mechanism’s existence and purpose, identifying opportunities and limitations for community participation and influence and testing the MCM’s effectiveness.
• To ensure the inclusion of Persons with Disabilities (PWD) in the economic benefits of the extractive industry, it is imperative for the CSOs to advocate and the government to implement targeted measures.
• These measures include accessibility Infrastructure to enable PWDs to access mining sites and workplaces, interpreter services to facilitate effective communication in mining companies, safe utilisation of mining chemicals such as mercury, and promoting inclusive employment opportunities for PWDs in the mining industry, and skills training/capacity building for them to participate in various roles within the mining sector.
• To ensure the effective implementation of inclusive policies and regulations for Persons with Disabilities (PWD) in the mining sector, it is crucial for CSOs to strengthen enforcement mechanisms by advocating for regulatory frameworks that specifically address the needs of PWD, and guidelines for mining companies, track compliance with these policies and regulations, and incentivize adherence to inclusive practices.
• To promote awareness, understanding, and inclusion of Persons with Disabilities (PWD), it is essential to celebrate and recognize designated disability days including among others, World Braille Day, International Day of Persons with Disabilities, Deaf Awareness Month etc
• To promote access to remedies for communities impacted by Chinese Investments, CSOs should explore opportunities presented by the Mediation and Consultation Mechanism created by Responsible Cobalt Initiative, and build capacity of CBOs and communities to understand the mechanism, how to use it and file requests
• The Church should simplify their Theological toolkits on Natural Resource Governance so that different stakeholders can engage with the theological basis which is cognizant of the dignity of all creation.
• CSOs and CBOs should strengthen evidence building by documenting what is happening in mining communities to strengthen lobbying and advocacy efforts.
• The promulgation of the Climate Change Management Bill is a priority for the country to effectively deal with climate change issues in Zimbabwe. In addition, there be strengthening of existing laws and policies related to emerging areas such as carbon credits and related capacity building of the different stakeholders.
• Climate change has led to conflicts among some communities due to the scarcity of critical resources such as water. To this end, it is important for both the public and private sectors to provide financial and material resources to mitigate the impacts of climate change as well as provide adaptation strategies for affected communities.
• Adequate resources from both public and private sectors should be channelled towards disaster risk programs, such as early warning systems and related institutions, such as the meteorological department. This is critical towards building resilient communities and reducing the devastating impacts of climate related disasters.
• To ensure equitable and sustainable development, the Government should prioritize the development and implementation of comprehensive laws and policies that explicitly support community beneficiation of mineral resources within their localities. The framework provides the rights and benefit-sharing model for communities, especially women
• Zimbabwe to prioritize the development of frameworks and policies specifically for critical minerals and transitional minerals.
• The policymakers and appropriate authorities should enact legislation that mandates the Corporate Social Responsibility (CSR) framework. This legislation should outline clear guidelines and standards for CSR activities, extending beyond traditional activities like school and road construction. The focus should shift towards environmental protection and community empowerment initiatives that directly address the needs of local communities.
• The legislation should also address issues of Illicit Financial Flows, unfair taxation and promoting transparency in the mining sector.
• The Zimbabwean government to prioritize the development and implementation of a robust compensation framework for individuals and communities displaced by mining activities. This framework should ensure fair and equitable compensation, including resettlement, livelihood restoration, and social and economic rehabilitation measures.
• The Ministry of Mines to prioritize the integration of recommendations from the research on “Mining to Renewable Energy” and “Navigating Zimbabwe Lithium Industry: Opportunities, Challenges and Conundrum of a Shifting Global Landscape” into its policy framework and operational strategies.
• Civil Society Organizations (CSOs) to advocate for the inclusion of critical factors such as Corporate Social Responsibility (CSR) and transparent mining license allocation processes in the Mines Bill and the amendment of the Environmental Management Act (EMA). The Importance of community participation and involvement in these processes remains key.
• The Environmental Management Agency (EMA) committed to ensure that Environmental Impact Assessments (EIAs) are also conducted with a child rights perspective.
• EMA should be encouraged to consider a child perspective approach in the review of EIA documents submitted by investors. Furthermore, EMA should be encouraged to integrate Guidelines for the Participation of Children and Youth in review of ESIA.
• The Mines Bill should consider establishing a Children’s Fund, so that Children are protected from the impacts of unsustainable mining practices.
• CSOs should be encouraged to disseminate ECR Guidelines and GC26 to other stakeholders that include policymakers.
• There is a need to revive or modify the indigenisation law so that communities benefit from natural resources found in their areas.
• There is a need to come up with laws that clearly lay out the compensatory framework for dislocated communities.
• Mines and Minerals Act should be harmonized with other laws so that the rights of land surface users are protected.
• The Compensation Framework for Mining Induced Displacements should be adopted by policymakers.
• There is a need for a legal framework that recognizes the rights of communities.
• All relevant stakeholders to be good stewards of the national resources to promote justice and a dignified life for all.
• The Ministry of Finance and Investments Promotion, Ministry of Environment to consider introducing a mining environmental fund that also considers children and their future needs, putting into cognisant that, minerals are finite and will not last forever, hence deliberate efforts to ensure future generations benefits from minerals according to Africa Mining Vision are considered.
• We recommend that The Environmental Management Agency and the Environmental Professional Council put deliberate efforts to include children and young people during EIA consultations and adopt EIA guidelines that were developed by CSOs.

CONCLUSION

The ZAMI has become a sustainable dialogue platform where different stakeholders have come together to reflect and provide solutions to the challenges being faced in the mining sector and natural resources governance. It is also capacitated and energized communities affected by mining activities to effectively participate and hold mining companies, government and other relevant stakeholders accountable for sustainable and life-giving natural resources governance frameworks. Let’s continue to pray and aspire for the transformation and the renewal of our nation