CSOs lobby for mining development commission
Natural Resource Justice Network (NRJM), a grouping of non-governmental organisations (NGOs) operating in the mining industry, has called for the establishment of a mining development commission charged with the responsibility of granting, renewal and revocation of licences.
The network, comprising 33 NGOs, has also proposed the establishment of a mining development corporation, with a board of directors, a chief executive officer and management tasked to facilitate the development of public private partnerships (PPPs) in the mining industry and investment decision -making.
The proposals are part of the network’s input into the Mines and Minerals Act of 1981 review process which started last Wednesday at the Bingu International Conference Centre (BICC) in Lilongwe.
NRJM national coordinator and spokesperson Reinford Mwangonde said in a presentation that the proposed commission to be appointed by the minister, should consist representatives of key government departments such as mines development, environmental affairs, finance, economic planning, lands, geological survey, civil society representatives, law society, accountancy body and the academia, among others.
“The commission should be charged with the duty of setting the requisite investment targets and monitoring compliance with applicable policies and legislation,” he said.
Mwangonde, who is also executive director for Citizens For Justice (CFJ), said the reviewed Act, should also provide for the appointment of commissioner of mines who shall be secretary for the commission to be assisted by such public officers as may be appointed by the minister responsible for mines.
He said the network also wants the revised Act to provide for the definition of mineral rights, various types of mineral rights, how they can be acquired, who may acquire them and restrictions on acquisitions, among others.
On licensing, Mwangonde said there is need for the new legislation to review the fees for licences and permits to adopt a formula that will stand the test of time.
“We also want the new law to provide power to the commission to facilitate the development of community agreements with mining companies which will provide, among other things, a social contract and consent for the company to operate within the community.
“The agreement would embody the corporate social responsibility framework, which is enforceable,” he said.
Mwangonde said the agreement should provide a percentage of the profits to be invested into the community through a community fund to be administered by the local government.
He said the Act should also provide for the acquisition of land for mining and compensation for any dispossession or loss of use of land while also ensuring a compensation regime to provide for market value for the land involved.
Mwangonde decried that most pieces of legislation are silent on issues of community engagement and participation as well as the rights of affected communities generally.
Minister of Natural Resources, Energy and Mining Atupele Muluzi said in his address that for mining to make tangible economic contribution to the country’s economic growth, there is need for concerted efforts, consistent and spirited efforts towards promotion of sustainable mining.
