South African Human Rights Commission vindicates ActionAid investigation

The South African Human Rights Commission’s report released today (Tuesday 4 November) is a major indictment of Anglo Platinum and a vindication of ActionAid’s investigation into the mining giant’s activities in Limpopo.

The report confirms the serious impacts that Anglo Platinum is having on poor communities’ access to adequate land, water and compensation in Limpopo and refutes the company’s claim that people have fully consented to its activities.

“This is an important day for human rights in South Africa,” said Zanele Twala, ActionAid’s country director.

“We welcome the commission’s call for companies and the state to ensure the free, prior and informed consent of communities to mining activities.

“This report contains strong lessons for government, which is clearly failing in its duty to protect the interests of the poor and historically disenfranchised communities.

"Proposed amendments to the Minerals and Petroleum Resources Development Act would actually weaken even the limited rights to 'consultation' and compensation that currently exist.

"These amendments must be dropped, and new legislation drafted in the spirit of the Polokwane resolution calling for mining to ‘promote the sustainability and development of local communities'.

“To protect the rights of people in Ga Pila, Ga Molekane, Ga Chaba, Sekuruwe and Motlhothlo, we now need Anglo Platinum to commit to implementing the report’s recommendations and stop putting profits before the people of Limpopo.”

The HRC report was prompted by ActionAid’s investigation into the effect of Anglo Platinum’s mining activities in Limpopo in March 2008. This report documented the potential violation of human rights of poor people as a result of mining activities.

Overall, the SA HRC report states that Anglo Platinum has:

• Failed to improve adequate farming land to the Mohlohlo communities after being relocated.
  
• Failed to ensure adequate access to water to communities undergoing relocation.
  
• May bear some responsibility for the residual community at old Ga-Pila having had their electricity cut off
  
• Failed to give all people full monetary compensation for loss of land and not compensated people for the delay in the provision of new land
  
• Failed to ensure that communities post-relocation would receive adequate services
  
• Delegated responsibility for negotiating with the community to ‘potentially unrepresentative’ bodies which had no experience of community consultations.
• In addition, the report says that: Blasting continues to have adverse impacts on communities, who do not have an adequate redress mechanism and on one occasion were not moved when blasting took place.
  
• Communities never fully consented to the relocation.

The Commission has called on Anglo Platinum and the Mogalakwena Municipality to deliver water to all those who need it and undertake a food security assessment for those who have been relocated. ActionAid urges Anglo Platinum to do this immediately.

Highlights from the report:

Land

The SAHRC states that it ‘is not aware of steps taken [by the PPL mine] to address the issue of lack of access to agricultural land and food security in affected communities’….except Anglo Platinum’s promise to make replacement fields available by approximately October 2008. (p.52)

Water

“SAHRC confirms that ‘there is at present no running water in the community at Mohlohlo”. (p.29)

“Mining activities could be contributing to unacceptable water quality around the Ga Pila seep” (p.35, quoting a water sampling report commissioned by Anglo Platinum itself)

Livelihoods

“The SAHRC believes that PPL (the Anglo Platinum mine) may have missed the opportunity to improve the quality of life and living standards of resettled communities by not providing land of improved quality,” (p.47)

Electricity

“The SAHRC is concerned that residual communities are being denied access to electricity supplies.” (p.42)

Consultation

“The SAHRC is…seriously concerned that the affected communities were not given the opportunity to legitimately input into the relocation planning and as such have become resistant to the whole process.” (p.85)

“The SAHRC is concerned that the negative impacts of the mine are not being adequately addressed in these communities.” (p.iv)

The Report can be found here (.pdf).

Tags: South Africa  mining  Limpopo