Zimbabwe Civil Society Supports Bid to Prevent Large-Scale Copper Mining in Lower Zambezi National Park, Zambia

PRESS RELEASE

For immediate publication BEFORE 17th November 2014

ZIMBABWE CIVIL SOCIETY SUPPORTS BID TO PREVENT LARGE SCALE COPPER MINING IN LOWER ZAMBEZI NATIONAL PARK, ZAMBIA

Representatives of Zimbabwean civil society have expressed support for their counterparts in Zambia who are opposing the Kangaluwi open-pit copper mining project (and associated road construction) slated for the Lower Zambezi National Park in Zambia. This lies across the Zambezi River from Mana Pools National Park, the Mana Pools/Sapi/Chewore World Heritage Site and the Middle Zambezi Biosphere Reserve) (see attached map).

They are calling on the Zimbabwean Minister of the Environment to engage with his counterpart in Zambia to encourage him to adhere to international law regarding Protected Areas and put a final stop to the controversial proposal.

Zambia’s Environmental Management Agency (ZEMA), the Zambian Ministry of Tourism, traditional leaders, communities, stakeholders and independent experts rejected the project. But in January 2014, Zambia’s then Minister of Lands, Natural Resources and Environmental Protection over-ruled this objection and allowed the project to go ahead. A court challenge was subsequently mounted by the Zambia Community Natural Resources Management Forum (ZCBNRM), putting the project on hold.

The Zambian Court is due to meet for a hearing on the subject this Monday (17th November), to decide if the mining company should be allowed to go ahead anyway, despite opposition.

At the invitation of the Zimbabwe CBNRM Forum and The Zambezi Society, a group of 40 Zimbabwean Civil Society representatives met on 13th November at a briefing workshop in Harare, Zimbabwe and agreed to submit an urgent petition to their Environment Minister. They support the Zambian opposition to this mine for the following reasons:-

1. The project ignores the customary international law obligation arising from Principle 21/2 of the Stockholm and Rio Declarations respectively, which provides that “States have sovereignty over their natural resources and the responsibility not to cause environmental damage to the environment of other states or of areas beyond the limits of national jurisdiction”. It also ignores similar requirements in several SADC Protocols (e.g. Mining, Biodiversity, Shared Watercourses, Wildlife Conservation, Forestry etc). The Lower Zambezi National Park lies within the ZIMOZA Transfrontier Conservation Area (TFCA). Yet there is little evidence of consultation with Zimbabwe or other neighbouring states (e.g. Mozambique) on the potential impacts of this project on them.

2. A dangerous precedent is being set in the region if this mining project is allowed to go ahead.
• The Environmental Impact Assessment (EIA or EIS) for the mine has been independently and expertly reviewed and found to be fundamentally flawed. It was also rejected by Zambia’s Environmental Management Agency (ZEMA). Going ahead with the project undermines the principles of the EIA process.
• International and national legislation has been ignored (even abused) in this case. The mining company (Australian) appears to be attempting to exploit Africa’s resources by taking advantage of loopholes in national legislation and avoiding the accountability that they would face back home.
• An open-cast copper mine allowed to proceed in a major National Park/TFCA in the region and potentially impacting on a neighbouring UNESCO World Heritage Site and Biosphere Reserve opens the door to future mineral exploitation of Protected Areas throughout the region.

3. Apart from impacts within the Lower Zambezi National Park in Zambia, this proposed mine would bring high, long-term risks to the health and well-being of communities, wildlife and environment in Zimbabwe (and Mozambique)
• The scenic, wilderness values of the Zambezi Valley (which have been the base of 50+ years of tourism development in this area on both sides of the river) would be reduced by visual and sound impacts from the mine and associated road infrastructure, spoiling the tourism experience.
• Pollution of ground and surface water by the mine could result in run-off into the Zambezi River, to the detriment of areas and populations downstream, including Zimbabwe’s World Heritage Site and Biosphere Reserve and Lake Cabora Bassa.
• An increased human population into the area from mine and road development will increase human-wildlife conflict situations. Stressed animals are not confined by international boundaries.
• More people in the area will increase wildlife poaching/snaring which is already a cross-boundary problem.
• The position of the mine will block the movement of animals such as wild dog and elephant along the corridor between the Lower Zambezi and South Luangwa National Parks, forcing them into settled lands (increased conflict) or into Zimbabwe or Mozambique.
• All these above impacts would prejudice the UNESCO World Heritage Site and Biosphere Reserve status that Zimbabwe’s Zambezi Valley areas currently enjoy, leading to a loss of almost 50 years of investment towards their ecological integrity. It would also destroy any chance of Zambia succeeding in its bid to achieve similar world recognition for the Lower Zambezi National Park.
• The envisaged life span of the project is about one decade, so the envisaged benefits to the Zambian people are short lived. However, the likely environmental damage to the whole trans-frontier area would be long lasting. This is economically and developmentally irresponsible for the region

Background documents with more detailed information attached herewith:-
a) Map showing location of proposed Kangaluwi Copper Mine
b) Extract from a Discussion Paper on Best Practice Guidelines for Mining in the SADC Region (Zambia as a Case Study) by Yolande Kyngdon-McKay et al
c) CBNRM Forum Mwembeshi EIS Response
d) Comments on Kangaluwi EIS-Kuipers- May 2012
e) Evaluation Report – Mining Lower Zambezi Leigh-Nov 2014

For more information, please contact the following:-
Dr Cecil Muchena (Zimbabwe CBNRM Forum) +263 772 233315
Mrs Sally Wynn (Zambezi Society) +263 772 254462
Prof Chris Magadza (Chair UNESCO Man & Biosphere Cttee, Southern Africa)

Lower Zambezi Mining Project “Fatally Flawed”, says Independent Mining Expert

Elephants in the Lower Zambezi National Park. Photo source: Conservation Lower Zambezi

An important new report into the proposed Kangaluwi Copper Mine in the Lower Zambezi National Park has said that the project is “fatally flawed.” The report by environmental scientist Dr Kellie Leigh was prepared for the Lower Zambezi Tourism Association.

In January this year, then Minister of Lands now Minister of Foreign Affairs Mr Harry Kalaba, granted Zambezi Resources Limited (ZRL), an Australian Stock Exchange-listed company, permission to mine for copper in the National Park despite the outright rejection of ZRL’s Environmental Impact Statement (EIS) by the Zambia Environmental Management Agency (ZEMA) and public dismay at the decision. ZRL appealed the decision and the result was Mr Kalaba’s overruling of ZEMA. The case has been in the courts for most of this year and on Monday 17th November 2014, the final judgement on the Stay Appeal by the State and ZRL will be held in Lusaka.

In many ways, the report by Dr Leigh makes a common sense conclusion. But it also give us facts and figures to add to the arguments against the mining project. It questions whether the vague and contradictory information presented by the company was intentionally meant to mislead or simply demonstrated gross incompetence on their part. The report also states that the copper mine appears “economically unviable at the site”, contrary to claims by Mr Kalaba that the project would bring “development” to the area. What sort of “development” and for whom, we don’t know.

Read the full 76 page report here.

Read the full National Geographic article here.

Questions to Colin Barnett, Western Australia Premier

Colin Barnett, the Western Australian Premier, was recently asked whether he met with Zambezi Resources officials on his recent trip to Zambia.

Many thanks to Robin Chapple, elected member of the Western Australian Legislative Council and the Western Australian Green Party, for asking the question and for making this information available to us.

Forward, together!

 

PF Tourism policy incoherence

Finance Minister Alexander Chikwanda delivering his budget speech for the financial year 2012/13:

“His Excellency the President attaches great importance to tourism and in order to enhance its profile, he created the new Ministry of Tourism and Arts. Tourism is beset by a number of constraints which include uncompetitive tourism products characterized by high cost of rooms and consumables and poor access to tourism sites. This has led Zambia to have a low number of tourists per annum relative to our regional peers. Our goal is to promote product diversification, invest more in tourism infrastructure, streamline licensing procedures and also enhance capacity in the hospitality industry. Tourism is pivotal to the PF Government’s platform to create gainful employment for Zambians. In this regard, the Government aims to facilitate the creation of approximately 300,000 jobs in the tourism sector over the next five years.”

Finance Minister Alexander Chikwanda delivering his budget speech for the financial year 2013/14:

“It gives me great satisfaction to report that Zambia successfully co-hosted the United Nations World Tourism Organisation’s 20th General Assembly this year. This is because Government provided targeted tax incentives for the tourism sector in 2013. Government intends to build on this raised international profile to achieve its development targets for tourism. These include the promotion of product diversification and further investment in tourism infrastructure, including the Kenneth Kaunda International Airport. The aim is to diversify the tourism base by improving accessibility to our national parks, heritage sites and natural attractions. Government will also continue to streamline licensing procedures and enhance capacity in the hospitality industry.” 

The following statement was contained in documents supporting the 2013/14 budget:

‘A 16% VAT charge will be applied on all tourism packages and activities booked in the country from 1st January 2014, such as game viewing and bungee jumping. The measure is intended to standard rate the above supplies as the zero-rating of these items has eroded the tax base.’

It seems odd that a tax of this kind has been slapped on an industry that is growing, and one which plays an important part in the Government’s drive to diversify the economy away from mining.

The Minister’s reason for introducing the 16% VAT levy is that the original 0% rate eroded the tax base! If the Government was serious about widening the tax base, there are various other ways of doing this such as sorting out the tax levels for the big mining firms, formalising the informal sector and creating the right incentives for entrepreneurs to create long-term jobs. We recognise that the first two points will be especially difficult.

The Minister’s comments reveal that we have a leadership crisis in Zambia. His verbal commitment to the tourism industry doesn’t correlate with his actions. There is little to no direction. This sort of policy incoherence has sadly been a key feature of President Sata’s Government.

Despite all this, we strongly believe that Zambia’s best days lie ahead. Let us all give ourselves to seeking the best for the motherland.

An Injunction has indeed been granted!

The announcement on 3rd February via Zambia Reports that an injunction had been granted was a false start. Today we can confirm that an injunction HAS INDEED been granted by the High Court. Good news!

07 February 2014
Lusaka, Zambia
MEDIA STATEMENT

HIGH COURT GRANTS INJUNCTION AGAINST ZAMBIAN GOVERNMENT APPROVAL OF MINING LICENSE TO AUSTRALIA COMPANY IN NATIONAL PARK

Zambia’s High Court yesterday granted an injunction against the government’s overturning of an earlier decision to reject a Large Scale Mining Licence for Zambezi Resources’ copper project in the Lower Zambezi National Park.

The decision of the Minister of Lands, Natural Resources and Environmental Protection the Hon Harry Kalaba, is stayed pending the hearing of an appeal. An interparte hearing is scheduled for 18 February 2014.

This follows the filing of an injunction on Friday 31 January by the Lusaka-based Community Based Natural Resource Management (CBNRM) Forum – supported by ActionAid Zambia -, which refutes claims made by the Minister that all potential impacts of the project would be addressed by cost effective measures and technologies.

ActionAid Zambia Country Director Pamela Chisanga said:

“We fully support the High Court’s decision to halt this project while the case undergoes an appeal. There are concerns raised by the Zambia Environmental Management Agency (ZEMA) as part of its rejection of the Environmental Impact Study (EIS) which must be seriously considered.

“The government has failed to address the negative impacts of mining on the livelihoods and wellbeing of citizens and it is strange that they have decided to authorise this project when Environmental Impact Study failed to meet the required standards.

“The rural communities who live in the areas around the park will certainly suffer if the mine goes ahead, particularly due to the pollution of their water sources.”

ENDS

For more information, interviews and a copy of the injunction contact: (In Lusaka) Jennifer Harrison, Jennifer.Harrison@actionaid.org, +260 (0)966 847 451

NOTES TO EDITORS:

· The CBNRM (Community Based Natural Resource Management) Forum is an umbrella organization of over 150 organisations and institutions which promotes community based approaches to sustainable management of natural resources, advocates for the formulation and implementation of appropriate legal and policy frameworks and development. It also facilitates dialogue, development and adoption of best practices for sustainable utilization and management of natural resources. The CBNRM Forum is supported by ActionAid Zambia through the FGG (Fair Green and Global) Alliance.

· ActionAid is a global movement of people working together to further human rights for all and defeat poverty. We believe people in poverty have the power within them to create change for themselves, their families and communities. ActionAid is a catalyst for that change. http://www.actionaid.org/

See this Lusaka Times piece for High Court letter.

This is ZEMA’s letter to Zambezi Resources Limited

Both Zambezi Resources Ltd and the Zambian Government don’t want us to read documents that are meant to be made public. SHAME ON THEM!!!

Read the rest here.

Structural Unemployment: How do we solve it?

Hello friends,

While our fight against this mining project continues, let’s cast our minds onto the problem the Government says it is trying to solve: UNEMPLOYMENT.

It is a real issue in our country and it needs to be tackled. 66% of our country’s population is under the age of 25. Young people often are the biggest victims of this STRUCTURAL UNEMPLOYMENT.

Definition: Structural Unemployment is where, at a given wage, the quantity of labour supplied far exceeds the quantity of labour demanded. It’s often a long term problem (i.e. several years) and one caused by a serious mismatch between what companies need and what workers can offer. It occurs because workers may lack the necessary job skills, or they may live far from regions where jobs are available but are unable to move there, or they may simply be unwilling to work because existing wage levels are too low.

Zambia needs to solve this problem of Structural Unemployment. Ill-thought out, short-term measures will not do such as digging up National Parks. Sadly, many politicians rush to “create jobs” because of the 5-year Parliamentary system we have. They are only thinking about the next election and having something to “show” for the re-election bid. If that pressure didn’t exist, what sort of long-term policies would they put in place? We wonder.

What in your view are the biggest challenges to job creation in Zambia?

What areas of the economy offer the best hope of dealing with long-term unemployment?

How can the Government encourage environmentally-sustainable economic development?

Please share your thoughts!

Thank you.

Responses on Facebook page.

We have received ZEMA approval – Zambezi Resources

ASX Announcement
5 February 2014

ZAMBIA ENVIRONMENTAL MANAGEMENT AGENCY ISSUES FORMAL APPROVAL LETTER FOR KANGALUWI COPPER PROJECT, ZAMBIA

Zambezi Resources Ltd (ASX:ZRL) (“Zambezi” or “the Company”) is pleased to announce that the Zambia Environmental Management Agency (“ZEMA”) has issued it with a formal approval letter confirming the granting of the Environmental Impact Study (“EIS”) for the Company’s 100% owned Kangaluwi Copper Project in Zambia. This follows approval for the project from the Zambia Minister of Lands, Natural Resources and Environmental Protection (refer ASX announcement dated 20 January 2014).

Zambezi is aware of and has listened carefully to the concerns raised by ZEMA about the project, and has worked diligently over more than 12 months to address these issues in order to minimise the environmental impact of the mine.

The construction and development of the mine is subject to a range of conditions issued by ZEMA to ensure total compliance with the objectives of the Environment Management Act of 2011 which will be monitored and supervised by ZEMA. Zambezi does not believe any of these to be out of step with standard mining practices and confirms its willingness to adhere to these conditions.

Mr Vilensky complimented the Ministry of Lands, Natural Resources and Environmental Protection for overturning the ZEMA rejection of the company’s Environmental Impact Study (EIS) and said: “The Zambian government has allowed the Kangaluwi Copper Project to proceed within the national park as part of its revised Mineral Resources Development Policy, which seeks to strike a fair balance between the benefits of mining and the protection of the environment and wildlife conservation, provided its policies and laws are respected and adhered to and such investments will create employment opportunities for ordinary Zambians.”

Frank Vanspeybroeck
Managing Director
Zambezi Resources Limited

Another statement from Zambezi Resources Limited

A statement from Zambezi Resources Limited Chairman David Vilensky:

“Kangaluwi Copper Project will be the cleanest, greenest and safest copper mine ever built, probably anywhere in the world, applying the world’s best practices and technology. Zambezi Resources is a responsible Australian company and understands the importance of conserving the environment, particularly in a sensitive area such as the Lower Zambezi National Park.

We share the concerns of those who have so vocally expressed their opposition to the project. For this reason, we are keen to engage with local environmentalists to ensure we can achieve a win-win situation: bringing jobs and prosperity to local communities while protecting – and indeed enhancing – the flora and fauna of the area.

The Zambian government has allowed the Kangaluwi Copper Project to proceed within the national park as part of its revised Mineral Resources Development Policy, which seeks to strike a fair balance between the benefits of mining and the protection of the environment and wildlife conservation, provided its policies and laws are respected and adhered to and such investments will create employment opportunities for ordinary Zambians.”

Source: Lusaka Times

Visit our Facebook page for users’ responses to Mr Vilensky’s statement.

An Injunction Granted!

The Lusaka High Court has granted the Lusaka-based Community Based Natural Resource Management (CBNRM) an injunction halting mining prospects in the Lower Zambezi National Park. According to ActionAid, the injunction was successfully lodged on Friday following the Government’s overturning of an earlier decision to reject a Large Scale Mining Licence for Zambezi Resources’ copper project in the Lower Zambezi National Park.

Source: Zambia Reports

This is the first step to what will be a long legal battle. We all therefore need to be in this for the long haul.

Forward, together!