Debate around EIA consultation intensifies
Zolani Kraai | Wednesday November 15, 2017 19:31
According to PR Executive consultant, Sennye Obuseng, communities around mining areas should be legally recognised as stakeholders. Obuseng’s opinion comes after Selebi-Phikwe and Mmadinare communities shared similar concerns with BCL former employees at the just-ended Botswana Council of Churches (BCC) 5th Alternative Mining Forum held here recently.
In his evaluation notes of the Botswana Regulatory Framework for Mining, Obuseng said the interests of mining legislation are generally conducive for the efficient exploration and exploitation of minerals for the benefit of communities by companies.
He said the mining legislation does not explicitly recognise communities as stakeholders in mining activities, hence it does not empower communities to engage mining companies.
Obuseng said participation in decision-making and related capacity building initiatives by the communities should be enhanced. He also said mining legislation should be reformed to improve transparency around mining.
“Mining legislation does not adequately address several critical challenges such as external costs that also bear reclamation and unequitable benefit sharing between mines and communities,” Obuseng said.
He also said mining regulation in Botswana falls short of key international standards. He gave an example of Botswana not being a signatory of the Extractive Industries Transparency Initiative (EITI), saying that the country’s position now resembles one that has no room for transparency in mining, because communities do not have vital information in that regard.
The EITI standard is implemented in 52 countries around the world. Each of these countries is required to publish an annual EITI report to disclose information on contracts and licences, production, revenue collection, revenue allocation, and social and economic spending.
For his part, Ministry of Mineral Resources, Green Technology and Energy Security, mineral economist, Gofaone Molefhe said Botswana as a sovereign country is not obliged to sign nor become an EITI member, as, he added, in terms of legal compliance, it is within the legal framework of the statutory tools, citing the Mines and Minerals Act.
Sharing from a rehabilitation perspective, Molefhe said that prior to mining, and as per Mines and Mineral Act section 65 (2), the applicant for a mining licence shall prepare and submit a comprehensive Environmental Impact Assessment (EIA) as part of the Project Feasibility Study Report.
He further shared section 65 (3): “The holder of a Mineral concession shall ensure that his concession area is rehabilitated from time to time and ultimately reclaimed in so far as is practicable in a manner acceptable to the Director of Mines”.
Also that, section 65 (9): “The holder of a mineral concession shall make adequate on-going financial provision with his obligation under this section- (the section is about environmental obligations)”.
With regards to concerns from the participants about the effectiveness of the EIA, Molefhe said, the company awarded a contract is the one that carries out the EIA, and the Department of Environmental Affairs advises the companies accordingly with the processes undertaken for consultancy.
Molefhe shared Obuseng’s sentiments that assessments are critical in every aspect of a mining operation, saying if the community is not satisfied with the consultation process, they are free to access the consultation process minutes to find the legitimacy of the process.
“It is very clear within the policy that a checklist will always guide the contractor as to how the EIA process should be carried out, hence governance structures within the village is essential,” Molefhe said.
Obuseng said there is so much damage to the mining sector in general, in particular with the cause of the BCL closure, but said there is still a room for substantial progressive mining reforms.
He further said if Botswana were to join the EITI, its membership would improve governance of the extractives. To the amazement of the participants at the forum, he said legislative review will be difficult and may take a long time.
Participants however had mixed feelings about the response Molefhe gave, citing that the current EIA consultation arrangement should be reviewed. They also expressed their displeasure with regard to the way their area Members of Parliament are dealing with policy issues in the deliberations, especially in Parliament.
Molefhe also told the participants that there is work in progress with regard to the review of the Mineral Policy that would eventually inform the overall probable review of Mines and Minerals Act.
Participants expressed concern that the review of the Mineral Policy has taken a long time. The review is now in its fifth year.
In 2014, while officiating at the second Alternative Mining Forum in Selebi-Phikwe, former Vice President, Ponatshego Kedikilwe urged residents of Mmadinare, Selebi-Phikwe and nearby communities to engage more and come up with new advocacy strategies to help address mining extraction issues that continue to affect their environment.