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South Africa – Training of indigenous people and mining communities on rights protection
September 25 -8:00 am - September 26 -5:00 pm
The Southern Africa Resource Watch (SARW), in collaboration with the Centre for Environmental Rights (CER) and Natural Justice, organized a two-day training for indigenous people and mining communities on rights protection. The event took place at the Centurion Hotel from September 25 to 26, 2024 and aimed to equip participants with the knowledge and tools needed to safeguard their rights against the backdrop of environmental degradation and mining activities.
Day 1 Summary
The training began with an introduction by SARW’s Junior Project Officer, Gerson Mendes, who welcomed participants and introduced the trainers. Over 25 women from mining-affected regions, including Carolina, Ermelo, Mokopane, Newcastle, and Sekhukhune, participated. The first session, led by Matome Kapa and Thami Nkosi from CER, covered the fundamentals of environmental law, focusing on Section 24 of the Constitution, which guarantees environmental rights. Participants were introduced to the legal framework, including the National Environmental Management Act (NEMA), and engaged in group exercises to address practical community issues such as acid mine drainage and air pollution.
The second session explored legal processes, evidence gathering, and community engagement strategies to address environmental concerns. Participants were encouraged to document and communicate their issues effectively with government authorities to advocate for sustainable change.
Day 2 Summary
The second day started with a session by David Mtshali from Natural Justice, focusing on Indigenous Rights and Free, Prior, and Informed Consent (FPIC). This session emphasized the right of indigenous communities to be adequately informed and consulted before any development project affecting their lands is approved. The session highlighted key legal cases, including the landmark Endorois case, which established the right to FPIC.
The training also covered the importance of Social and Labour Plans (SLPs) in mining communities. SARW’s Research and Policy Officer, Monica Mbugua, led discussions on the manipulation of consultation processes by mining companies and the critical need for public participation in the development and monitoring of SLPs. Actionable strategies were provided to participants, encouraging them to engage actively in SLP processes and demand transparency from mining companies and government authorities.
Key Outcomes
- Increased Awareness: Participants gained a deeper understanding of their legal rights and the environmental laws that protect their communities.
- Empowerment: The training empowered community members to actively engage in consultations with mining companies and the government, ensuring their voices are heard.
- Environmental Advocacy: The women were equipped with the tools to monitor the social and environmental impacts of mining activities and advocate for remediation when necessary.
- Legal Preparedness: Communities were introduced to legal processes and were encouraged to use their newfound knowledge to protect their land, environment, and community welfare from exploitative practices.
Conclusion
The training marked a significant step in enhancing the confidence and advocacy skills of the participants. It provided them with critical tools for engaging in legal processes, advocating for corporate accountability, and ensuring sustainable practices within mining operations. As the program concluded, the participants were better prepared to take part in an upcoming dialogue between civil society organizations and private sector stakeholders in the minerals value chain, fostering continued activism and collaboration to safeguard their communities.