THE MINING BILL IS SET TO SHORT CHANGE US: NEED FOR DECISIVE ACTION The Mining Bill is not pro people; it vests absolute powers to the cabinet secretary and deals more with regulatory and administrative issues in the sector. It places no emphasis on the rights and privileges of the communities within the mining areas. The Bill does not provide room for agreements between National and County governments on management of the natural resource wealth for the benefit of the county citizens in the interests of development. Under Article 62(1)(f) of the Constitution all minerals and mineral oils as defined by law, are categorized as public land. Additionally, according to Article 62(3) of the Constitution, all minerals and mineral oils vest in and shall be held by the national government in trust for the people of Kenya and shall be administered on their behalf by the National Land Commission, however Article 69 (1) (a),(b),(c),(d),(e),(f),(g) and (h), provides that the State shall ensure sustainable exploitation ,utilisation ,management and conservation of the environment and natural resources and ensure the equitable sharing of the accruing benefits. In addition, it encourages public participation in the management, protection and conservation of the environment; establishes systems of environmental impact assessment, environmental audit and monitoring of the environment; eliminates processes and activities likely to endanger the environment; and utilise the environment and natural resources for the benefit of the people of Kenya. We as a community MUST hinge on this provision which the mining bill has completely ignored. Many if not most of minerals are found / will be found in community land BUT the bill is silent on procedures for valuation and compensation for community land, partial acquisition, partial rights, informal rights, alternative land as compensation in case people have to be moved, appeals and appeal and dispute resolution mechanisms and cost benefit sharing etc. (Read section 125, 126, 127). Apart from setting up the National Mining Corporation and the minerals and metals commodity exchange, the Bill is silent on value addition which in essence means that other than extraction which is primary, we may have no processing plants or even cutting and polishing centres which would have had a direct bearing on the economic growth of our county. In addition, the cabinet secretary has abrogated himself all authority and usurped the powers of the national land commission which under Article 67 of the Constitution is tasked with conducting research related to use of natural resources and make recommendations to appropriate authorities. The extraction of mineral resources has in the past been undertaken in total disregard to the community’s right to a clean and healthy environment as recognised and protected under Article 42. The Bill is silent on issues around protection of the environment for the benefit of present and future generations through legislative and other means, particularly those contemplated in Article 69. Article 70 (1) and (2) (a), (b),(c) and (3) should be invoked to ensure the environmental rights around the extraction of mineral resources are enforced. My suggestion to the Governor and MPs is that they form strategic alliances with other mineral rich counties, hold consultative meetings and come up with memorandum that will align the bill to the constitution.
Posted on: Thu, 03 Apr 2014 10:23:58 +0000
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