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Extractive Systems

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Domboshava gold;curse or blessing?

30 July 2021

Compiled by Domboshava Residents Trust

The discovery of gold deposits in ward 4 recently has brought mixed reactions from the people of Domboshava, a village in the province of Mashonaland East, Zimbabwe.It is reported that the gold mine is rich with precious stones with the news that some are claiming as much as 2kgs production per day having set some tongues wagging. It is the general feeling that local resources should help develop the Nyamande community extending the tarred road done by the late sociate ‘Ginimbi’ to cover up to Gutsa shoppping centre. With the rumoured figures being realised at the mine, the proceeds could even build a secondary school, or even having the revenue channeled towards the construction of the much needed hospital.

GOLD is a finite resource and people will regret the opportunity when the gold is depleted without much development to the community which will be left to bear the brunt of disused pits left at the mercy of the community posing a danger to the environment. As it stands, clearly there is no plan for reclamation of the environment in these artisanal mines.

Residents interviewed who spoke on condition of anonymity bemoaned the presence of people from outside the area benefiting from the mine and locals being turned away. The presence of high security personnel has equally deterred many from attempting to access the gold mine. One young man expressed fear of the emergence of the notorious machete gangs who have become unpopular in resource rich areas.

As a BLESSING some privileged few residents are cruising in new cars from the proceeds of the mine while some are turning green with envy. God knows what lies ahead for the community of Domboshava.

 domboshavaresidentstrust@gmail.com

domboshavacommunitytrust@gmail.com

PRESS STATEMENT ON CHINESE LABOUR PRACTICE IN THE MINING SECTOR

For Immediate Release!        Dated 05/07/2021.

Following the recent Article Of 17 June 202 in which the Chinese embassy and  Sun Yi Feng Public relations officer, Mr Mukumba accused the Zimbabwe Congress of Trade Unions (ZCTU) and its General Secretary Mr Japhet Moyo of tarnishing the image of the Chinese investors. In their statement they said, “The publications carry single stories from uninformed sources who, rather than being constructive, are more destructive to the image of the company. From the onset, the reports have been influenced by actions of conspiracy as a result of revenge distortion,” the company’s public relations officer, Alex Mukumba said. He expressed disappointment saying ZCTU had been allowed access to the company’s premises on mutual understanding not knowing the labour body had a hidden agenda.”

We would want to make the following statement. The call for the Chinese Embassy to put its investors in order has not started today. In June 2020 ZCTU petitioned the Chinese ambassador to Zimbabwe, Guo Shaochun to whip its members to order for violating labour and human rights, .following the  incident in which a Gweru Chinese businessman, Zhang Xueun shot and injured two employees – Wendy Chikwaira and Kennedy Tachiona – during an ill-fated wage dispute. Therefore, to say the Labour body has a hidden agenda is a low blow by the Company.

As Zimbabwe Diamond and Allied Workers Union, we would like to put it on record that we share the same sentiments with ZCTU. ZIDAWU is a registered  organisation working with mining employees,  mining and mining affected communities.  An organisation found by some former workers of Anjin in Chiadzwa after experiencing hardships in violations of human and labour rights. Therefore, the ruthlessness,  ill and degradatory treatment,  underpayment of wages, working long and unpaid overtime, poor accommodation facilities and food are not conditions known through hearsay but experience. Thus, the allegation that ZCTU is uninformed in its claim against the Chinese employers must fall away.

The statement made by ZCTU is true and we intend to lodge a national and  global campaign using the Zimbabwean labour law and ILO standards as it is clear that the firms are not willing to come to table with labour body but rather attack it, and paint it as a” distorted revenge seeker with hidden agendas”   We will not watch from afar while the labour movement gets to be unjustifiably politicised.

LET IT BE KNOWN THAT OUR POLITICS AS TRADE UNIONS IS OF THE STOMACH, AND NOT OF RULING THE COUNTRY, AS EMPLOYEES WE DEMAND DEMOCRACY AT WORKPLACE, RESPECT OF LABOUR AND HUMAN RIGHTS AND NOT TO BE SUBJECTED TO SLAVERY CONDITIONS.

Over decades , trade and labour relations with relations with foreign invsetors has become common place  that the locals’ rights have long since been sold for a dime along with the sold cooperate spaces : mining industry space and other forms of trade. So now our huge predicament is not only in china’s violations of workers’s and general human rights in general but has an undeniably strong bearing on the person(s) who stuck a price tag to our God-given rights. Period!  We have our local Ministers and political big wigs  who enter into ventures with the chinese and are actually  “feeding on proceeds” from the sales of our rights. Thus, the petitions and cry of employees to have their rights respected being adamantly ignored.

The workers at Anjin in Chiadzwa has been at workplace since 2020 Covid 19 Lockdown, working overtime that is erratically paid, with no leave of absence.  Leaving the premises warrants dismissal from work. The employees are being paid at somewhat similar rate irregardless of one’s grade of Work. There is no decent spacious accommodation even as Covid19 restrictions has to be followed. The living conditions of Chinese employees and that of Zimbabwean employees are significantly different. There is discrimination among local and Chinese employees. Any attempts to get hold of Anjin representative are futile as they are said to be in Harare all the time. The bottom line, is the Chinese employees are not complying with the labour laws and that is all that as worker’s representative we demand. We refuse to go back to slavery or to Smith regime. And we reiterate that, our politics is of the Stomach not of ruling the country or of who should invest. NEVER!

Zimbabwe is open for business. However,  Business and human rights aspect should be effectively addressed so that profits are not maximised at the expense of locals. Labels like ” authors of illegal regime change, suborteures of national socio-economic programmes,  treasonous and all that misnoma is old fashioned. We talk of the new dispensation and vision 2030 where all citizens should be treated as Upper middle class and the National Development strategy 1 of 2023 envisions an economy where all citizens will be at hundred percent in earning upper class middle income per household. How do we envision, re-engagement with the International community if that engagement is at the expense of the citizens of Zimbabwe?

We demand fulfilment of the following rights as embodied in Section 65 of the Constitution and the labour Act [Chapter 28:01] and its ammendments.

The right to fair remuneration,

Right to fair labour practices,

Right to safe working environment,

Right of affiliation/ membership to a relevant trade union of choice,

Right to form workers committee/ trade union,

Right to have a works council,

Right to be heard.

SHINGA MUSHANDI SHINGA!

A LUTA CONTINUA!

By Cosmas Sunguro

 ZIDAWU President.

For more information contact: +263772763209.  Email zidawuinfor@gmail.com

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Should Zimbabwean Mining Companies join the Initiative for Responsible Mining Assurance (IRMA), Community Based Organisations ask?

Compiled by Josphat Makaza (Chiadzwa Community Development Trust)

01 July 2021

The Zimbabwean Government was amongst the participants at the Extractives Industries Transparency Initiative (EITI) held in 2019 in Paris, France. Nearly two years after the convention the government is still struggling and is yet to decide whether to join EITI or not. EITI is an international standard that encourages transparency around the management of revenues from natural resources and meant to improve transparency and accountability. At a recently held conference in Mutare community-based organisations said the failure to domesticate EITI by the government must not be an end to transparency and accountability drive in Zimbabwe. Organised by ZELA and facilitated by Fadzai Midzi the participants at the conference called upon the government to find other means of increasing transparency.

Zimbabwe is working towards Vision 2030 and the 12 billion Mining Industry roadmap hence community-based organisations (CBOs) in Mutare feel that the initiative for Responsible Mining Assurance (IRMA) is the way to go if the Vision 2030 agenda is to become a dream came true for everyone, especially communities. Founded in 2006 by a coalition of nongovernmental organizations, businesses purchasing minerals and metals, affected communities, mining companies and labour unions the IRMA seeks to promote responsible mining. Save Odzi Network Trust (SOCNET) Chairperson Mr Zacheu Nhachi said the framework aligns with what serious governments, investors and communities require. “There are a number of benefits associated with IRMA, that CBOs can benefit from”, he said. Nhachi explained that the concept promotes access to information and public participation in the extractive sector.

 An official from Chiadzwa Community Development Trust (CCDT) said IRMA reduces resource conflict. “If the community understands how local resources are governed then there is no misunderstanding”, he said, adding that there will be trust amongst all stakeholders.   CCDT said the government must welcome this initiative to improve mineral resources governance in Zimbabwe.

Zimbabwe Diamond and Allied Workers Union (ZIDAWU) President Cosmas Sunguro said the government needs to consider participation of mining companies against IRMAs four principles.” The standard for social responsibility, environmental responsibility, business integrity and planning for positive legacies”. This he said promotes transparency and accountability in the sector whilst improving revenue collection for improved service delivery in Zimbabwe. Malvern Mudiwa of Marange Development Trust (MDT) explained that if we can debate and dialogue with all stakeholders, we will be empowered, and this helps improve CBOs’ advocacy work. Addressing participants Fadzai Midzi highlighted on the benefits of volunteering to be audited against the IRMA standard and being part of the Responsible Mining Map giving examples from the recently Unki IRMA audit report that was released in February 2021 and had since improved the operations and performance of the giant Anglo-American Platinum Mine in Zimbabwe and outside the region.

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IRMA, A PANACEA TO TRANSPARENCY IN THE DIAMOND SECTOR

12 June 2021

Compiled by Cosmas Sunguro (ZIDAWU)

Transparency and Accountability have been topical issues in mineral resource rich communities for quite some time.

Transparency and accountability come with a need to a commitment from the communities, mining companies and the government. With the government working towards the realization of the 12 billion economies by 2023,[1] transparency remains an important aspect. It is in Zimbabwe Environmental Law Association’s (ZELA) quest to see the realization of improved mineral resources governance. Through its several engagements and capacity building meetings with local communities, Marange community members were motivated  to engage the organisation so that it raises awareness about the Initiative for Responsible Mining Assurance (IRMA). The initial workshop to brainstorm the program was held at Musangano Lodge in Mutare from the 10th – 11th of June 2021.

Speaking at the occasion, ZELA’s Fadzai Midzi chronicled the objectives of IRMA and highlighted that it was critical to discuss; How we can effectively utilize IRMA to encourage Responsible Mining, Community Benefit Schemes performance and Community Share Ownership Trusts (CSOT). Lastly, how to come up with a community led audit, drawing lessons from the UNKI mine IRMA audit using the available information.

One would then wonder why IRMA, when Zimbabwe has its own accounting standards and audits that have been done. In the engagements with Zimbabwe Consolidated Diamond Company (ZCDC), many a times the communities have been told that some of their requests could not be met since the company is not selling diamonds due to COVID-19. This has somehow derailed the socio-economic development of mining communities and the nation at large bringing uncertainty on the fulfillment of our vision as a nation. However, IRMA has its processes and standards developed by various stakeholders in different countries with the mission of protecting people and the environment directly affected by mining. It also aims at striking a balance between business interests of the company and those of communities. Hence, a company that voluntarily surrenders itself to be audited under IRMA will have created value for itself through accessing market benefit internationally. Thus, once ZCDC is audited against this standard for example, it will appear on the international responsible mining map and will be able to sell its diamonds on the international market and all the struggle for market might be a thing of the past.

Furthermore, as we implement the National Development Strategy 1 (NDS1)[2] as a nation the second principle envisages that as the nation makes headway with international re-engagements, national institutions should be capacitated to create an enabling environment critical for transformative economic growth. Thus, as communities we believe that if mining companies, especially ZCDC are audited against the IRMA standard, it will create the desired image and credibility as IRMA provides credible information and assurance that the minerals are extracted responsibly to interested buyers. This may also attract Foreign Direct Investment (FDI) and open markets internationally for it and contributing in trading diamonds at competitive prices.

Also, as IRMA brings all stakeholders in the mining supply chain on the responsible mining map, having our mining site audited according to its standard will open avenues for capacitation in value addition and beneficiation. Thus, promoting the NDS1 principle to accelerate and enhancing investment in mining towards exploration, value addition and beneficiation of minerals. It would also show the nation’s commitment to transparency and accountability as provided in S298 (1)(a) of the Constitution which provides that, “ there must be transparency and accountability in financial matters”.

A closer look to IRMA standard’s principles[3] which are Environmental responsibility, social responsibility, Business integrity and planning and managing positive legacies indicates that it actually uses the available legal frameworks, policies and practices within the country.  Our constitution, section 73 guarantees right to Safe and Clean environment which the IRMA Environmental responsibility aims to achieve by checking if mining companies are complying with local and international environmental laws. Further, section (13) 4 provides for community beneficiation from their natural resources, read together with the mission of IRMA code which is to protect mining communities and environment. Thus, IRMA is more of a complementary to existing laws and not necessarily a foreign legal phenomenon or harmful in any way.

Given the above information, IRMA is more of checking legal compliance of a mining with regards to the local existing laws within the respective principle. It is of paramount importance to note that closer at home we have Unki mine who have been audited by IRMA and they have gone through the process. Whatever the challenges that may arise, we still have greater chances of getting credible lessons from the Unki Mine audit.

ZIDAWU Information Desk

Email: zzidawu@gmail.com

A member of PWYP ZIMBABWE.

[1] https://kubatana.net/2020/07/31/usd-12-billion-mining-economy-by-2023-what-are-the-key-enablers/

 

[2] http://www.zimtreasury.gov.zw/index.php?option=com_phocadownload&view=category&id=64&Itemid=789

[3] https://responsiblemining.net/resources/

Diamonds failing to maintain their lustre

Compiled by Nyasha Chingono

WHEN Marange witnessed a diamond rush in 2006, its inhabitants dared to dream of a better life.

Nearly two decades after the diamond rich soils were invaded by massive mining companies, government and individuals looking to stick their fingers in the honey pot, Marange is a trail of poverty.

A drive along the vast swathes of the diamond rich planes of Marange, one is greeted with deep despair. A community that never benefited from its vast resources.

Far away in the city, the rich who plundered the resource, live large in opulence.

The curse of owning rich minerals still haunts Marange years after big mining consortiums descended on their land.

“We have nothing to show that we ever had diamonds here,” Clever Mupasi, 60, a community elder in Marange said.

He makes a cursory gaze across the vast swathes of land which have been reduced to piles of sand and deep pits.

“This is what is left of our beautiful land. When diamond was discovered here, we thought the future of our children was now set but we were wrong. We listened to their lies and curse ourselves for ever believing in the capitalists,” Mupasi said, gazing to the clear blue skies as if to summon divine strength. 

While the government made it mandatory for mining companies operating in communities to cede 10% to the community through the Community Share Ownership Trust, the Marange community has not seen development in their land. 

Despite committing to uplifting livelihoods in Marange-Zimunya, Zimbabwe Consolidated Diamond Company (ZCDC) is yet to implement meaningful projects in the area.

“We were sold a dummy. These empty promises continue to hurt our community, hope is fading daily,” Moses Mhlanga, another community elder said. 

“We are yet to get our share of the profit these companies have made from diamond activities.” 

The companies have left a trail of irreparable destruction while other diamond companies continue to plunder the resources.

The Marange-Zimunya Community Share Ownership Trust (MZCSOT) was launched by the late former President Robert Mugabe in 2011 with the goal of communities benefiting from their resources.

But years after the launch, people here are still clinging to hope for better schools, health facilities and livelihoods.

With poverty stalking the community following repeated droughts, the Marange community is desperate for interventions. About 8 million Zimbabweans are facing hunger this year, the World Food Programme (WFP) says.

In a bid to help communities’ benefit from their resources, the Publish What You Pay (PWYP) is pushing to influence mining revenue transparency and benefit sharing in the extractives sector in Zimbabwe.

In a report entitled Tracing the progress towards revenue transparency and revenue sharing in the extractives sector in Zimbabwe (2013-2019), the advocacy campaign seeks to help mining communities to realise benefits of the community share ownership trusts some of which have either been forfeited by companies. 

The PWYP Zimbabwe  was birthed in the same year that government came up with regulations for setting up mining community share ownership trusts. 

The campaign’s focus on mining transparency and accountability issues remains as critical as ever. With a huge mineral wealth potential, mining could be leveraged to support Zimbabwe’s economic recovery, stabilisation and growth agenda,” reads the report. 

Since the 2000 land reform, the mining sector has been one of the biggest contributors to economic growth. The sector contributed US$2.9 billion, accounting for 60% to country’s

total export earnings in 2018. 

Mining employs around 35,000 people, of which 99% are indigenous Zimbabweans, an average of 75% are from the local communities, and nearly 7% are female, the report reads.

While the mining sector contributes immensely to economic growth, the community should also benefit from the resources.

Therefore, the right of communities to benefit from resources in their localities is enshrined in the Zimbabwean Constitution.

According to the report communities are unaware of how they should benefit from the community share ownership trust, hence it is difficult for PWYP.

“On the ground, some service delivery points like schools and clinics are not aware of how they are supposed to benefit from the revenue sharing arrangements between central government and local governments. But a big challenge already lies ahead for civil society, especially the PWYP campaign, to ensure transparency, accountability and citizen participation in the management and utilisation of devolution funds,” the report reads. 

PWYP also laments the lack of clarity in the constitution on how communities can access mining benefits. “Particularly PWYP members, have been pushing for policy and practice reforms to improve the development impact of CSOT on LESD. All this work has been precipitated by the government’s thrust to open the mining sector for investment, taking a pro large-scale investor stance in the process and disregarding the constitutional right of communities to benefit from resources in their localities,” reads the report. 

The report notes that the mining sector transparency framework in Zimbabwe fails to meet the bottom bar. 

As a result, citizens and civil society lack the information leverage to effectively ask the government and corporates hard questions on how their resources are managed to deliver an optimal national development dividend.

The report notes that there is a need for robust advocacy to ensure that community’s benefit from their resources and the creation of a transparent environment by mining companies. 

Missing in action, why CSOs must be solid social media influencers

Ms Nyanzi, a Ugandan and a trained medical anthropologist once said in a story posted by The New York Times “…social media is very elitist, by using it, i know we are excluding a huge majority of the population, but it scares the powerful…” Although Nyanzi was challenging a Ugandan ruler, civil society organisations (CSOs) which seek to challenge abuse of power by government and corporates must find resonance in her words. Considering measures taken to control the spread of corona virus world over – social distancing, self-quarantining and lockdown among others, this is a perfect opportunity to talk about missing in action for CSOs and why it is important to grow influence on social media. Last week, i shared an article that I wrote with a colleague – Lockdown not a time for CSOs to hibernate, but to reflect and to be creative. This article is profoundly shaped by my experiences as an activist and a social media influencer on mineral resource governance issues.

What motivates me to share my journey is the desire to challenge civil society actors to grow their influence on social media to reinvigorate advocacy initiatives. In the mining sector, whilst the action is location specific, the whole operations are denominated by global value chains (GVCs) – access to capital, finance, markets, goods and services. So, what does it take to ensure our voices are heard in those spaces thousand miles away from physical action? There are many stakeholders who are keen to keep track of the work that we do, how do we ensure that we are our activities are not picked by their radar screens? In an environment where space for civil society is shrinking, governments label our work as at cross purpose with national interests, how do constantly tell our stories as builders in society? We seek to build networks, create and grow demand for our advocacy messages in an era where there is an avalanche of information, how do we navigate this terrain? These are some of the questions that I seek to tackle, like I said, based on my curiosity and experiences.

Influencing the big guys from far away places

Mining operations are certainly location-based. Communities close to where mining operations are taking place, therefore, are saddled with environment, economic, social and cultural costs of extraction of minerals. While mining is location specific, the business is fastened on GVCs for access to capital, markets, goods and services. The community struggle for mitigating the costs of extraction and for amplifying local mining benefit must expand its scope to influence players along the GVCs, especially investors and the market. Big players in the capital market for mining are found in countries like USA, Canada, Australia, South Africa and UK. Shareholders, financiers, asset managers and potential investors must be informed of the impact of their investment on communities were resources are extracted. I have come to realise that each time when I write a story on Zimplats and share it online. The story ends up being shared to Zimplats shareholders, investors and interested parties on the Australian Stock Exchange (ASX) where the company is directly listed. For example, my blog post Should We Celebrate The Government- Zimplats land Deal or Worry. In this post, I lamented corruption risks associated with the secrecy around the land deal and lack of competitive bidding in the disposal by government of mineral rights with high geological potential. This development was contrary to the aspirations of the Africa Mining Vision.

Missing in action

If CSOs are not careful, they can easily self-quarantine from their stakeholders whom they seek to influence. Only to interact with their stakeholders for what they deem essential to their agenda, conferences or meetings mainly. Social media helps to ensure CSOs are regularly touch with stakeholders. By so doing, CSOs are mitigating the risk of evanescent or quickly fading advocacy initiatives. There are instances when CSOs are accused of missing in action by stakeholders like communities, funding partners, media and legislators. In fact, some CSOs will be on the ground doing what they know best. Visibility is a huge challenge. most of the hard work done by CSOs is suffocated by poor communication. In the game of influence, advice can be borrowed from the legal fraternity – justice must not only be served, but is must be seen to be served.

When tragedy struck the artisanal and small scale (ASM) on 13 February 2019, at Cricket mine in Kadoma, known as the battlefields, was not missing in action. Representing ZELA, regularly using twitter, i publicly shared information pertaining to the rescue efforts. On top of twitter updates, I then published a blog to share lessons learnt from the Battlefields disaster. The blog was published in one of main daily newspapers in Zimbabwe.

The missing in action part is not only pronounced when disaster strikes, or emergence cases arise. It also pertains to topical developments in the area of interest in which CSOs are supposed to stimulate or enrich the public discourse. Because there is an avalanche of information, it is vital for CSOs to ensure that where known patterns of key developments exist in an area of interest, the voice of CSOs must not be missed. A case in point from my experience is the fiscal policy trail. One important lens of mineral resource governance is fiscal linkages. As such, my blog is clued-up on prebudget public consultations, national budget statements, midterm budget reviews, reports generated by the auditor general, and tax revenue performance reports generated by the Zimbabwe Revenue Authority (ZIMRA).

Build networks, create and grow demand for information

Nowadays relations can be created virtually using social media with like-minded organisations, funding partners, media, academia, public officials, and private sector players. Because i started and sustained a blog on mining and sustainable development since 2015, I used to get numerous requests from media houses who sought permission to publish what I posted. Some have sought to contract me to write weekly for a fee. Usually, my response was that my blog is an open source, feel free to pick what you like, so long you acknowledge the source. At times i don’t wait for their requests, rather i try to proactively share every fresh blog post via WhatsApp and twitter direct message, giving a soft nudge to journalists to publish the blog.

Not all blogs I generated get to be published by journalists, however, i have enjoyed an encouraging success with the press. Both private and public media often fish from my blog for stories. It is significant to flag, in Zimbabwe, generally, public media is viewed as aligned to the ruling party. Whilst views on private media oscillate between neutrality and being pro opposition. Having work which features in both private and public media can be taken as a sign of established credibility of my bog, for opinions and reports on key events in mining sector.

Each time when I have a fallow period on my blog, two-three weeks or a month, normally I get request from public officials, peers and journalists on why i am so quiet. It is good sometimes, to take a break, to refresh, reenergise and reset to ensure my blog does not mis its punch. Aside from media, I have received requests from academics seeking to mine information from my blog. Some colleagues in civil society tell me privately that we may not acknowledge your work publicly, but we use the blog to get creative ideas for framing our interventions and for developing proposals. The blog has also served as an inspiration to my peers to start blogging.

Public accountability goes beyond contractual obligations with funding partners

Underpinning the mission statement of most CSOs is, to bridge the gap between government and its citizens, and to play a watchdog role on government and corporates from a rights-based approach. With funding partners, CSOs have written contractual obligations to fulfil. Among the contractual obligations, CSOs must account for the work they do – progress, challenges, lessons learnt and results. In real terms, CSOs have a social contract with citizens and stakeholders they work with when it comes to accounting for their action. Social media presents opportunities for CSOs to publicly account to stakeholders. Examples include, giving frequent updates on progress regarding interventions via social media, challenges, opportunities, results and most significant change stories.

Peter Sigauke, CEO Mutoko Rural District Council (MRDC) once remarked during one of the ZELA’s annual retreat “we also need opportunities to participate in international conferences where current trends on resource governance are shared. Even though we are missing out, we are grateful to get regular updates from Mukasiri Sibanda’s blog.” Chief Mapanzure, a traditional leader echoed similar statements that “the blog is playing a critical role to keep community members and other stakeholders informed on key developments in the sector.” When i write on my blog, I take time to share the post on various WhatsApp groups for communities affected by mining operations that we work with.

By so doing, even funding partners can see weight in the reports submitted by CSOs as the issues reported to them are not secretive, but open for public scrutiny. When I am entrusted with the responsibility to write a narrative report to a funding partners, usually, I use my blog to put links on workshop reports, contextual developments, challenges and successes. Certainly, there is always room for improvement. The feedback though has always been awesome.

Bridging the gap between perception and reality

Because of poor communication, interested parties can be in the dark in terms of operations undertaken by CSOs. In an environment denominated by suspicion, CSOs viewed as having a nefarious agenda to undermine national development interest. CSOs, in the case of Zimbabwe, get significant funding from countries that have imposed “sanctions”  or restrictive measures on Zimbabwe, depending on one’s view. Government, in some instances, has openly labelled CSOs as regime change agents. By openly communicating the work that CSOs do via social media, it narrows the gap between perception and reality. Those that have ulterior motive of labelling the work of CSOs as being at cross purpose with national development interests are easily exposed. Several times, I have been asked by officers from the President’s office pertaining to the work that we do as ZELA. Always, in my response, I do not miss the opportunity to proudly tell them that we are not an underground operation, our work is publicly shared online, via WhatsApp groups, twitter, blog, website, email lists and newspapers.

It is also interesting to step aside to borrow inspiration from the bible when it comes to communication issues. In Mathew 16: 13-20, Jesus asked his disciples, “who do the people say that I am?” And later, he asked his disciples that “who do you say that I am?” Suffice to say, on the first question, the responses were quite varied. Having a social media footprint allows CSOs to drip feed the public with information on what the organisation stands for hinged on the work that they do. Equally so, employees of CSOs is they lack a digital footprint, they fail to answer publicly to stakeholders how they view the organisation that they work with. The Director of Action Aid Zimbabwe, Joy Mabenge often remarks that “don’t be a none googleable individual (NGI)” when challenging civil society actors to have a strong digital footprint.

Not leaving behind communities

There is always a risk that CSOs can be a barrier to change by speaking on behalf of affected communities. Rather, CSOs must empower communities to own, articulate and drive the change they want to see. To counter this risk, at ZELA we piloted the community data extractors programme in 2015, which included a component on community journalism. Basically, the community data extractors programme seeks to empower community monitors with skills to extract, analyse and use data to cement their demands for change in the management of mineral resources in their localities. Tunatazama, administered by Bench Marks Foundation, a networking platform for communities affected by mining operations in Southern Africa, is anchored by stories generated from the community monitors that ZELA works with in Zimbabwe.

The likes of Sophia Takuva, a woman artisanal and small-scale miner have become powerful social media influencers through blogs and twitter. For example, using her twitter account, Sophia boldly challenged lack of transparency and accountability in the management of the gold mobilisation funds set aside for women miners. Remarkably, this set the stage for engagement with Fidelity Printers and Refiners (FPR), who administer the gold mobilisation fund. FPR refuted the allegations, arguing that there is more to the challenges that affect women miners than financial inclusion. Challenges raised include access to mineral rights, and violence among others.

This is not a full view, but an interesting angle, nonetheless.

My experiences do not represent a full picture of why and how CSOs must grow their social media footprint but an interesting angle, nonetheless. I am sharing my experiences, to show that one does not need to be a media professional to be able to document and write articles for public consumption. Social media has lowered the barrier of communication and revolutionised the roles at work. From my experience, the burden on communicating and influencing mineral resource governance issues is not for the communications officer alone to carry. With curiosity, passion and commitment, every professional can be a social media influencer. In this work, we must labour hard to ensure community data journalism drives the advocacy agenda. CSOs must not speak on behalf if the affected but motivate communities to tell their own stories.

Without brushing off Chinese Aid, where is the money from our mineral wealth going?

It seems like the donation made by the Chinese billionaire, Jack Ma, has given an adrenaline shot to government’s efforts to control the scourge of coronavirus. Without brushing off the significance of Jack Ma’s act of kindness to Africa and other parts of the world, in Zimbabwe, the knowledge that without this aid, we had nowhere to start is quite scary. If you want to look for evidence of resource curse, then look no further than this story of a country endowed with vast mineral wealth, with no internal capabilities to protect its citizens against pandemics. Yes, we have seen developed countries like Italy and Spain getting overwhelmed by coronavirus. So, one can argue easily, what more can a developing country like Zimbabwe do? At the surface, this line of thinking is compelling. Yet if we dig deeper, Zimbabwe has in the past struggled to contain medieval diseases like cholera. This is a country endowed with second largest known platinum deposits in the whole world after South Africa. Under explored, Zimbabwe has over 40 known mineral deposits like gold, lithium, diamonds and chrome. Even though annual surveys on investment attractiveness of mining sector jurisdictions conducted by Fraser Institute of Canada find our policy framework repugnant, they rate us highly on geological potential. Underlisted are critical points for government, industry and citizens to reflect on mineral resource governance reforms that are fundamental to safeguard the welfare of Zimbabweans,

  • We cannot think of any better way to show that mining can deliver sustainable benefits to communities where resources are extracted than ring fencing mineral tax revenue to fight corona virus. After all, the Constitution, on national development issues, impels the State to put mechanisms to ensure communities benefit from resources in their localities. When a capital city, Harare, has no capacity whatsoever to handle corona virus, what more of remote, marginalized but resource rich rural areas like Marange.
  • Government has a plan to grow annual earnings to US12 billion per year by 2023. An impressive figure constantly punctuating speeches delivered by policy makers. Just to placate the public, government isn’t rudderless on economic challenges, there is light at demise of Mugabe. Export earnings from mining are meaningless to citizens if figures for tax revenues to finance service delivery are unknown. Exactly why government must follow up on its commitment to join the Extractive Industry Transparency Initiative (EITI). Globally, EITI is regarded as benchmark for promoting open and accountable governance of oil, gas and mineral sector. Nearly half (24) of EITI implementing countries are in Africa, and in the SADC region, Zambia, Mozambique, Tanzania and DRC are part of this initiative.
  • Transparency is a genuine indicator for government that seeks to turn the corner under the mantra that “Zimbabwe is open for business” that government real means business. When deals are negotiated in secrecy, the International Council of Mines and Mining Development (ICMM) cautions on Minerals Taxation Regimes, the playing field becomes uneven, companies seek to bargain more. Corruption easily festers in such an environment. Our Constitution is clear, an Act of Parliament is required to guide negotiation and performance of mining agreement under Section 315 (2) (c) in order to promote transparency, honesty, cost-effectiveness and competitiveness. Therefore, all mega mining deals signed by government must be made public to nourish citizens with information on how the deals are constructed to deliver optimal benefits to citizens.
  • The focus on mining sector benefit sharing in these hard times of the coronavirus pandemic intensifies easily because minerals are a finite natural resource, if they deplete without contributing to the welfare of citizens, then, we begin to question, where is the money going.
  • This is an opportunity for a rethink of the whole mineral resource governance framework. How far has Zimbabwe aligned its mining policies and laws with the Africa Mining Vision? A blueprint adopted by African Head of States and Government in 2009. AMV envisages “Transparent, equitable and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development”
  • Looking back, on how government faired in the management of the diamond find of the century, Marange diamond fields, we have a US$98 million modern defense college. If these finds were used to invest in modern health facilities, we could have been talking about aid as a complementary rather than being the mainstay support of fighting coronavirus. In 2006 and 2008, government took back platinum claims or mineral rights from Zimplats and Anglo-American owned Unki Mine valued at US$153 million and US$142 million respectively. Recently, we learnt that Mimosa Mines is keen to negotiate with Anglo-American owned Unki Mine to purchase or platinum rights. This proves that if competitive bidding, which is recommended by AMV is followed on disposal of known mineral rights acquired through use it or lose it, mining fiscal linkages can easily be enhanced.
  • Government of Zimbabwe looks up to Rwanda as a success story. It is high time to learn from one of the most famous statements delivered by President Paul Kagame “I would rather argue, that we need to mobilise the mindsets, rather than more funding. After all, in Africa, we have everything we need, in real terms. Whatever is lacking, we have the means to acquire. And yet, we remain mentally married to the idea that nothing can get moving, without external finance.”

Every crisis presents opportunities. From crippled domestic capabilities to respond to the corona virus pandemic, government must rethink on measures to enhance the flow of mining benefits to citizens. Minerals are finite. This cannot be over emphasised. Therefore, we must make hay whilst the sun still shines. Oh, by the way, thunderstorm is already threatening, droughts, cyclone idai, and corona virus have struck us, yet the benefits from mining have been conspicuous. The US$12 billion mining earnings by 2023 does not bring joy to citizens if national benefits like tax revenue that have more to do with their living standards – better health and education remain secretive.

Tooling Parliament For Effective Mineral Resource Governance

By Byron Zamasiya and Mukasiri Sibanda

To better track impact of capacity building work with Parliament on promoting transparency and accountability in the mining sector, Zimbabwe Environmental Law Association (ZELA) jointly agreed with Parliament of Zimbabwe to come up with performance targets. This was agreed during a workshop facilitated by ZELA on Mining Fiscal Transparency and Beneficial Disclosure on Wednesday, 26 February 2020, at a local Hotel in Harare.

Participants included; the Registrar of Companies, legislators from the Parliamentary Portfolio Committees on Mines and Mining Development, and the Budget Finance and Economic Development, Civil Society Organisations (CSOs), representatives from the Office of the Auditor General (OAG), Zimbabwe Revenue Authority (ZIMRA), Media, and Civil Society Coalitions.

In this update, we focus on the action plans that emerged from the workshop, with special emphasis on engaging Parliament to promote mining fiscal transparency and accountability.

Tooling Parliament

Participants who attended the Mining Fiscal Transparency and Beneficial Disclosure Workshop  

CSOs are doing a tremendous job in building the capacity of Parliamentarians, therefore it is critical that they conduct performance appraisals to continuously evaluate the effectiveness of their interventions on the work being undertaken by legislators. To achieve this, the following points must be taken into consideration;

  • Parliament Portfolio Committees (PPCs) to share their workplans with CSOs
  • PPCs on Mines to share quarterly performance reports provided by Ministry of Mines and Mining Development.
  • A retreat is required to ensure that performance targets are jointly set out and performance enablers are enhanced.

In the interest of harvesting the low hanging fruits, it was discussed and agreed that the following issues must be raised in Parliament by members of the Portfolio Committee on Mines before the end of March 2020;

  • Progress on implementation of the Extractive Industries Transparency Initiative (EITI). Government, in 2019, revived its interest in joining EITI, a global standard that seeks to promote transparency and accountability in the oil, gas and mineral sectors. In case government is not keen on implementing EITI, legislators must push government to undertake piecemeal mining sector transparency reforms as required by the Constitution. For example, an Act of Parliament is required to guide negotiation and performance of mining agreemens (Section 315 (2) (c) to promote transparency, host, cost effectiveness and competitiveness.
  • Clear milestones are required for the computerization of the mining cadastre. Points to consider: How can a government that seeks to achieve US$12 billion annual earnings from the mining sector by 2023 fail to provide US$2 million for the modernization of the mining cadastre? Foreign currency shortages cannot be used as an excuse because over 60 cents per every dollar generated from exports comes from the mining sector. It is therefore imperative that Government ploughs back foreign currency earned from mining into infrastructure development which enhances the performance of the mining sector like the mining cadastre. Legislators can go a step further to check foreign currency expenditures by government especially foreign trip to make a case for poor prioritization.
  • Monitor whether financial statements and annual reports for mining State Owned Enterprises (SOEs) have been submitted within two months after the end of each financial year to the OAG as required by the Public Financial Management Act (Section 49). Parliament must not wait for OAG’s report which must be produced within six months after the end of each financial year to sift information on which SOE has defaulted on timely submission of annual reports for audit.
  • Performance appraisal of Exclusive Prospecting Orders (EPOs) is necessary. Legislators must ask the Minister to submit a register of EPOs, with progress reports evaluated against agreed plans.

Aside from the targets set for legislators, the following action points targeted at CSOs were agreed;

  • Legal advice on implementation of the “use it or lose it” principle under the current Mines and Minerals Act is need.
  • Engage Parliamentarians on social media or through physical meetings to support them as they prepare for Wednesday Parliament sitting, caucas meetings and ask pointed questions on mining governance issues.
  • CSOs must build the capacity of the committee members to scrutinize and hold the Ministry accountable based on quarterly performance reports submitted to Parliament.

A perfect tone was set by Honourable Anele Ndebele immediately after the end of the workshop.  Speaking in Parliament, Hon Anele Ndebele raised questions on transparency and accountability related to EPOs.

 “… I notice the Deputy Minister of Mines is here present. It is a fact that we are all aspiring towards a US12 billion per year annual budget from mining sector. I therefore wish to invite the Minister of Mines to bring to this house an update on mining sector performance.  Secondly, I wish that the Minister on the same day to bring register of all EPOs by area in this country and also make an indication of the companies that are involved in the EPOs. Finally Mr Speaker, the law so demands that at least every six months, we must have a record of how the EPOs are performing ….. we need to track how they are performing