A major report on all aspects of mining in Africa will be launched on the sidelines of the on going Conference of Ministers Responsible for Mineral Resources Development in the Ethiopian capital Addis Ababa tomorrow.
Titled ‘Minerals and Africa’s Development, the report was compiled by a team of 20 experts – the International Study Group (ISG) – drawn from the United Nations,universities, Civil Society and the mining research community in Africa, Europe and North America, according to a joint statement from theAfrican Union Commission (AUC) and the UN Economic Commission for Africa (UNECA) .
The experts were identified by UNECA and the AUC..
The report, which runs to over 200 pages includes numerous case studies and data on all aspects of mining in Africa – and frequently makes reference to experience outside the continent.

Wilfred Lombe, Chief, Infrastructure and Natural Resources Development at the Regional Integration, Infrastructure and Trade Division of ECA says: “This report concludes that one reason that mineral wealthhas not led to development in Africa is that mining has until now often been treated as a separate issue.
Most of the time policy decisions have been dominated by questions of how best to tax mining
companies and then how to spend the revenue and this is a reflection of the enclave status of much mining in Africa.”

Mr Lombe adds: “The ISG report is different because it examines how mining could become the motor of development.
It puts mining centre stage and argues it can be a catalyst for development rather just a
revenue generating opportunity”.

TherReport and the experts who compiled it are serving as a major resource for the Conference, whose theme is: ‘Building sustainable future for Africa’s extractive industry, from vision to action’.

Each chapter of the report identifies the policy implications that come out of its detailed analysis of Africa mining regimes.
It also emphasises that there is a need to revisit the major issues one by one; but this must be done each time from a development perspective.

The experts and senior officials are currently reviewing an Action Plan for consideration by the Ministers responsible for Minerals today and tomorrow.
The ministers are expected to adopt the Action Plan for implementation.

The five day conference has been jointly organised by the AUC and UNECA.

CITIZENS for a Better Environment (CBE) executive director Peter Sinkamba says African governments need to protect communities who resort to litigation against mining firms by making it mandatory for governmentts to indemnify them against costs if they lost their cases in court.
“We also need to develop quantum calculation framework for determination of the environmental and social liabilities across Africa.
The AU (African Union) needs to assist create a framework for financing of environmental and social guarantees/bonds,” said Mr Sinkamba, an environmental activist based in Zambia’s second city Kitwe, which is also the hub of the country’s Copperbelt.
He was speaking at the Second African Union Conference of Ministers Responsible for Minerals Development in the Ethiopian capital, Addis Ababa today.
Mr Sinkamba said there is need for Africa’s mining regime to address the issue of mining rights versus surface rights whereby the former supercede the latter.
“Why should we evict communities and pay them one-off compensation without preparing them adquately on how to manage the funds.
We need to devise a system whereby they are compensated on on-going basis such as giving them one percent of pre-tax profit for the life of the mine. This is sustainable income,” he said.
Mr Sinkamba also suggested the creation of specific types of funds that need to be created to deal with-mining related liabilities as follows such as funds to address environmental liabilities during operational phase (progressive rehabilitation liabilities) and funds for securing decommissioning, closure and post-closure environmental liabilities.
He also called for establishment of funds to address social liabilities during operational phase (community development funds), funds to secure social liabilities at closure and post-closure, funds to address liabilities for derelict and ownerless mines, a future generations fund.
“We need to create the office of Ombudsman at AU level as a conflict resolution mechanism in the extractive sector,” Mr Sinkamba added.
The theme for the five day conference, which ends tomorrow, is “Building a Sustainable Future for Africa’s Extractive Industry: From Vision to Action.
The rationale for the conference is to address the question why Africa which posseses massive mineral resources and has a long history of mining hasn’t galvanized development across the continent.

The Mushishima is a tributary of the Kafue River, which accounts for about 40 percent of Zambia’s domestic water supply but is, unfortunately, also the country’s most polluted river.

Supreme Court judge Phillip Musonda sitting as High Court judge ordered that each of the 2000 residents be paid K4 million as general damages and K1 million as punitive damages.
He also ordered that the damages should attract the central bank’s long term deposit rate from the issuance of the writ to the day of judgment and later short-term deposit rate until payment is made.
In delivering judgment, Justice Musonda who castigated KCM for its irresponsible behavior said the development will deter would-be polluters from discharging poisonous substances without diminishing their potency to cause harm to the environment, human beings and animals.
In the judgment delivered on November 10, Justice Musonda said the polluting of the water by the mining company was lack of corporate social responsibility, criminal and a tipping point for corporate recklessness.
In 2007, James Nyasulu and others sued KCM, the Environmental Council of Zambia (ECZ), now Zambia Environmental management Agency (ZEMA) and Chingola Municipal Council for discharging effluent from its mining operations into the stream from which they get drinking water.
ECZ, as second defendant, was sued for allegedly failing or neglecting to carry out inspection or supervise maintenance of the pipes to meet the acceptable standards while the municipal council was sued for failing to take adequate measures to mitigate and control the effects of the pollution of water by maintaining sufficient water reserves.
But Justice Musonda did not find any case against ECZ because he found no negligence on their part, adding that ECZ did the best it could by even shutting KCM operations at one point.
He said ECZ was dealing with a truant investor and it was not too late to prosecute KCM and set an example to others.
Justice Musonda said the fact that Zambia was in dire need of foreign investment to improve the well-being of its people does not mean its people should be dehumanized by ‘greed and crude capitalism’ which put profit above human life.
He said the plaintiffs had proved their case against KCM in common law and statutory law that the mining company was reckless and had no regard for human, animal and plant life because they thought they were politically correct and connected.
“The courts have a duty to protect poor communities from the powerful and politically connected.
I agree with the plaintiff’s pleadings that KCM was shielded from criminal prosecution by political connections and financial influence, which put them beyond the pale of criminal justice,” Justice Musonda said.
He said whether human beings had died or not, there was gross recklessness on the part of KCM which must bear the moral, criminal and civil liability for the appalling tragedy because the company turned chingola residents into ‘guinea pigs’ and showed no remorse.
Justice Musonda said the plaintiffs had called victims of the pollution and expert evidence to prove that there was pollution.
Daison Mulenga, one of the affected residents who testified in the matter, told the court that in November 2006, there was no water supply for 10 days in Kabundi township and Mulonga Water and Sewerage Company supplied them with water pumped from Kafue River.
Mr Mulenga said after drinking the water, he experienced stomach pains, diarrhea and chest pains and that his sight was also affected.
Another witness Siku Nkambalume said his wife went to draw water from Kafue River for cooking, bathing and drinking but the following day, he had stomach pain and that him and the children had a runny stomach.
He was later informed by a doctor from Chingola’s Kakoso clinic that the water was polluted.
The judgment has cheered many.
Lusaka lawyer Kelvin Bwalya said he was happy that judgement had been passed in favour of his clients and that it was an important and a landmark case which can be used to pursue other offenders.

Reverend Esson Simbeye of Chingola, for example, says the K10 billion KCM has been ordered to pay for polluting the Mushishima stream is inadequate, but will at least serve as a ‘wake up call’ for mining companies to stop polluting the environment with impunity.
Zambia Environmental Management Agency (ZEMA) principal information and communications officer Irene Chipili is upbeat about the judgment.
“As ZEMA, we are happy with the judgment because this has shown that we carried out our work in accordance with the provisions of the law then using the Environmental Protection and Pollution Control Act (EPPCA). For that reason, we were exonerated in this case,” Mrs Chipili said.

ZEMA was until April this year operating under the EPPCA which has since been repealed and replaced with the Environmental Managment Act (EMA). One of the reasons for this amendment related to the weak provisions in the EPPCA which the EMA has now taken care of.

“In comparison with the EPPCA, the EMA provides for enhanced public participation in environmental management. It provides for an option for both ZEMA and members of the public to sue for damages following pollution and this is the provision that was used by Chingola residents,” Mrs Chipili said.
“We would like to encourage more of such vigilant actions from members of the public because environmental protection should not be a preserve of enforcement agencies alone.
Effective environmental management in this country requires the active participation of all stakeholders including the general public.”

But KCM, a subsidiary of the London-registered Vedanta, whose market capitalization is more than US$4.4billion, says it is consulting its lawyers regarding its legal options following the Lusaka High court ruling.
KCM head of public relations Joy Sata said KCM is a responsible company which has adopted global best-practices and complies with all local regulatory requirements on environment, health and safety.
Ms Sata said KCM has a zero tolerance policy on any action that will compromise the health and safety of its employees or residents.
“Over the years, KCM has taken many steps, including a multi-billion dollar investment programme to address the many issues it inherited at privatization.
Significant progress has been made to date in upgrading its assets and reducing the risk of any adverse impacts on the environment,” she said.
But all in all, it is notable that legislation and enforcement is progressively taking care of interests of ordinary citizens who have been victims of environmentally unfriendly mining activities.

By Minakpon Stanislas Hounkanlin

HIV prevention actors want to focus, from now on, on human rights basis approach. Millions of infected people are suffering in diverse ways open discrimination and stigmatization. The conference’s main objective is to find out a mechanism to include human rights in the process of prevention and treatment of HIV/AIDS.

Many representatives of vulnerable groups were invited to the Berlin conference. Reverend Johannes-Petrus Mokgethi-Heath, an HIV positive Anglican priest from South Africa, said non-infected and HIV negative people increase the vulnerability of people living with HIV. ‘The ways we are treated show clearly that we are excluded from the society’.

Reverend Johannes-Petrus Mokgethi-Heath has to face open discriminative treatment on his trips to certain countries in the world. ‘Once I tick the box on the form that I have HIV, I’m isolated from the other passengers during the whole process’.

He deplores that this kind of injustice can also be seen in many other fields of human activities. For him, HIV positive people have very limited access to job opportunities. Although in some countries, the law establishes equal access for everyone, practices remain highly discriminative; which increases the vulnerability of HIV positive people.

Talking about minority groups such as drug users, social orientated people (gays and lesbians) and sex workers, Reverend Johannes-Petrus Mokgethi-Heath thinks that the general opinion keeps on feeding a prejudicial ignorance. ‘People don’t know that most infected persons live in (heterosexual) couple. They rather believe that non married people are more risky. To me, this assumption is a major barrier to the battle against HIV’.

The Anglican priest has been living as an HIV positive person for 11 years now. He discovered his status after a health check up about his eyes troubles.

He told reporters that in his early HIV positive life, he faced open discriminative treatment but developed a strong resistance. ‘I’m using today this positive psychological recipe to help vulnerable people for their integration in the society’.

Reverend Johannes-Petrus Mokgethi-Heath is the Executive Director of the international network for religious leaders living with or personally affected by HIV (INERELA). This organization, working in about 30 countries in the world, focuses on HIV positive people’s vulnerability. As church leaders, the members of INERALA use infected people for positive messages among church communities.

‘Living with HIV has been for me a huge gift’, said the 47-year-old priest pointing that HIV is a key he has to use in his life. His positive mind and his commitment are useful tools for the global system of fighting against HIV/AIDS. Religious leaders as well as traditional authorities and other communities’ leaders must be empowered and closely involved in the system.

Many participants proposed strategies in line with these favourable perspectives. The conference agreed on focussing, in the coming years, on limiting discrimination and stigmatization in prevention and treatment of HIV/AIDS.

According to Dr Michel Sidibé, Executive Director of UNAIDS, the conspiracy of silence is still killing millions of people.  ‘Each of us must act now by helping to reduce stigmatization of infected people’. The message of the German Federal Minister of health was quite the same. ‘Solidarity with infected people’. ‘We need to build one joint line of acting’, claimed Daniel Bahr.

Although the global system of fighting against HIV/AIDS is showing more and more hopeful performances throughout the world, some regions still present worrying statistics. According to UNAIDS 2011 Report, the number of people living with HIV in Eastern Europe and Central Asia rose 250% from 2001 to 2010. ‘Internal policies about HIV/AIDS in these countries don’t favour access to infected and vulnerable people’ said Dr. Michel Sidibé. He invited Germany as a political and financial power in Europe to advocate.

Another important issue discussed during the conference is the efficient use of financial resources. The financial crisis compelled many donors to reduce substantially their contributions to UNAIDS. But the German Government will continue to fund the system with the proviso that resources reach effectively beneficiaries.

A very unusual attitude from a Reverend as Church representatives tends to see HIV infections as a result of sinful life.

By the way, Reverend Mokgethi-Health is the Executive Director of the International Network of people for Religious Leaders Living with or personally affected by HIV (INERELA+) that has programmes spanning 19 countries in Africa and Latin America.

But for the South African based Anglican Reverend, who is of different sexual orientation, it seems this is also ‘gospel’ truth.

“One of the things that make the gay community vulnerable is the conspiracy of silence, the lack of a framework and models in terms of leading people into long term monogamous relationships,” said the 47 year old, Cleric who initially studied Economics and Accountancy.

Eleven years ago the Reverend suffered from an eye-sight problem. And this was literally an eye-opener as it shepherded him into a new world.

A world, where people living positively with HIV suffer stigma and discrimination regardless of status or social standing in society.

The eye problem soon turned out to be a minor issue. The real shock came when the Cleric underwent an HIV test with a positive result.

According to the 2011 UNAIDS World report many countries have made significant progress in the response to HIV and AIDS. But stigma and discrimination in whatever form remains high, pervasive, and intractable and is reversing strides made in response to the pandemic.

Currently, 79 countries worldwide still have anti Homophobic laws or laws that criminalise HIV.

The last 11 years have not been rosy for the towering bespectacled Reverend, who speaks with a baritone voice.

He has suffered numerous ‘interrogations’ at most airports around the world because of his status and the most poignant being in America where an Immigration Officer publicly ridiculed him.

But for a 22-year-old German man the discovery that he was HIV positive in 2009 could have ended tragically if NGOs had delayed to support him cope with the news.

“My family and friends were shocked. They started distancing themselves from me. Sometimes they asked me, Can I touch you? Or Can I use the same toilet with you? But they failed to help me,” said Marcel Adams, who is now a Role Model of the German Campaign for World AIDS Day.

The soft-spoken model, whose face now stares at Bill Boards and posters in Germany and is the de facto HIV Ambassador, says people with HIV need to speak out for themselves.

“No one speaks about us, we speak for ourselves. And its also important for Family and friends to have adequate information regarding HIV and AIDS so that they stay behind us,” Adams said.

Germany’s Federal Minister of Health Daniel Bahr hailed Adams involvement in the country’s response to HIV and AIDS as “a shining example of a young man who is giving people courage”

Bahr said this during a HIV High level and Experts Conference held in the Germany’s Capital Berlin under the theme “Health. Right. Now! HIV Prevention without Barriers”

Germany’s Federal Ministry of Economic Cooperation and Development and the Federal Ministry of Health co-sponsored the event that pooled experts from Africa, America and Europe.

Be it a Catholic Cleric from South Africa or a young student from Germany, they all face a common fear that transcends international borders. To lose their friends, their families, even their jobs if their HIV-infection is known.

But Reverend Mokgethi-Health is optimistic that a world where there is no stigma and discrimination is possible.

“There is need for the inherent dignity to express itself in the affirmation of humanity. If we do that together then we can move together to a place where we can mitigate each other’s vulnerability,” he said.

The report was unveiled during an HIV High level and Experts Conference held in the Germany’s Capital Berlin under the theme “Health. Right. Now! HIV Prevention without Barriers”.

UNAIDS Executive Director Michel Sidide said that new infections continue to fall and more people than ever are starting treatment.

“It is encouraging that 6.6 million people are now receiving treatment in low and middle income countries,” he said.

Other countries in this category are, Burkina Faso, Botswana, Congo, Ethiopia, Ghana, Kenya, Nigeria, Togo, Tanzania, Zimbabwe and Congo.

But among this group, UNAIDS also says Malawi is in a quartet of Botswana, Tanzania and Zimbabwe as countries that had statistically significant declines of HIV prevalence in the general population as well.

“These declines have occurred amid signs of encouraging changes in sexual behavior among young people. The percentage of young men with multiple partners in the past 12 months decreased significantly in 11 of the 19 countries,” UNAIDS said.