Background

A local Non-Governmental Law Association is seeking to develop a policy review document on the application on free, prior and informed consent (FPIC) and resettlement in Zimbabwe. The organisation’s motivation to carry out this review emanates from the fact that mineral resource extractive projects have since increased in Zimbabwe and have been known to have devastating impacts on local communities where the mineral resources are found. The effects of mining include; loss of agricultural land, access to clean water and sometimes access to roads to essential day to day services in the community. In some instances, whole communities have been relocated to pave way for the extractive projects. A classic case was that of Chiadzwa villagers who were moved from their community to Arda Transau to pave way for the diamond extraction processes there. FPIC is an essential tool to protect environmental and human rights. The FPIC process ensures that there is equal consideration of various perspectives and ensures inclusive decision making.

Mining is one of the sectors in Zimbabwe, in which FPIC is critical especially considering the Strategic Road to the Achievement of US$12 Billion by 2023 which is envisaged to lead to an upscale of new investments in the sector. The application of FPIC is embedded in the fundamental rights expressly provided by the Constitution which include the right to administrative justice (Section 68), the right to information (Section 62), freedom from arbitrary eviction (Section 73) and the rights of communities to be involved in the formulation of plans and programmes that affect them (Section 13). Some vital actions include public consultations that ensure public participation of communities to ensure that their concerns on the development projects and/or resettlement for effective poverty alleviation and sustainable development.

2.0 Main Objective of the policy review

To produce a policy review document that assesses the application of FPIC principles in extractive projects that lead to or have a likelihood of community resettlement, with policy and legal recommendations to ensure that implementation of FPIC is guided by the rights of communities.

3.0 Specific Terms of Reference

The specific terms of reference of the policy review consultancy are:

• To interrogate the current legal and policy framework that is utilized to inform interested groups and individuals on proposed developments, so as to assess the application of  principles that make people aware of the changes that may affect their lives directly or indirectly to ensure that concerns and views of key stakeholders are captured in the EIA report by establishing expectations of communities to prevent building false hopes in them;

• To undertake a review on the implementation of policy briefs on FPIC and their subsequent contribution to formulation of laws and policies;

• To highlight the challenges currently associated with lack of consistent application of FPIC in the resettlement of mining affected communities;

• To formulate recommendations of policy and legal framework on application of FPIC in the resettlement of mining affected communities.

Key Deliverables

• Produce a policy review that will explore current application of FPIC in extractive projects; and propose policy and legal recommendations that guide resettlement of mining affected communities and ensure the respect of fundamental human rights and freedoms.

Qualifications

The consultant must have a law degree and/ or any other relevant degree and have at least 8 years’ experience in national work in the following fields; mineral resource governance, artisanal and small scale- mining and any other related field. The Consultant is expected to have ability to co-ordinate and moderate the relevant deliberations on the proposed legislation.

Interested and qualified Consultants who meet the above requirements should send their Expression of Interest clearly stating how they meet the requirements, methodology to be used and cost of the consultancy to: procurementzw@gmail.com. The title of the consultancy should be clearly stated in the email subject.