10 November 2023

Compiled by Michelle N Chitando

Considering the vast deposits of minerals, it is quite likely that there will be an increased degree of mining-induced displacement in various sections of the nation due to the incremental exploitation of minerals in Zimbabwe and other developments. In such cases, resettlement dynamics need to be properly considered. To promote the rights of communities that are domiciled on the land where minerals are found, it is necessary to assess the implementation of the laws and policies by mining companies and the government when there are situations of mining-induced displacement. Often, there is a failure to highlight the problems encountered by displaced people and how this impacts sustainable development, which often results in rights violations and an apparent failure to mitigate the effects of mining-induced displacements. The main question for Zimbabwe is: Do we have adequate laws and policies that can be utilized to protect communities in mining-induced displacement scenarios?
 
In 2021, ZELA commissioned a study to investigate the suitability of the laws that relate to land rights in Zimbabwe in the face of mining-induced displacements. The report details the findings from a desktop review and an online survey that investigated the rights of occupiers of communal land in the face of displacement and other vices that come with mining development. The findings of the study confirm that there is a need to have laws and policies developed to be more responsive to the needs of the communities affected by displacements. The amendments or changes to the law should prioritize interventions relating to security of tenure, community participation, a framework for the relocation of communities affected by mining operations, transparency, and accountability in the sector. Subsequent to the study, ZELA has developed model regulations on compensation and relocation as an advocacy tool to protect the rights of communities in mining-affected areas. The objective of these regulations is to provide a model legal framework for implementation in cases involving the social impacts of mining activities, procedures to be followed by holders of mining rights, and the rights and responsibilities of affected parties, as well as requirements for social impact assessments to be done by all holders of mining rights before the commencement of mining activities.
 
In these regulations, ZELA highlights the following as some of the key considerations for protecting community rights:

Relocation should be considered a last resort after all other alternatives have been explored.
Any relocation of a community due to mining activities should be carried out in a just, equitable, and transparent manner, and the rights and interests of affected persons or communities must be protected throughout the relocation process.
The affected persons or community should be fully informed and consulted about the proposed relocation and the compensation that will be provided. This means it should involve the meaningful participation of affected communities in decision-making processes;
Relocation should ensure that all affected people have access to adequate and appropriate compensation, as well as adequate housing, land, and infrastructure.

 
ZELA will be conducting a stakeholder meeting to discuss its model regulations on compensation and relocation and gather views on how mining-induced displacements should be handled in Zimbabwe. It is hoped that this discussion will inform the amendments or changes to the law that should prioritize interventions relating to security of tenure, community participation, a framework for the relocation of communities affected by mining operations, transparency, and accountability in
the sector.