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Land debate in mining the most contested

A portrait picture of International Council on Mining and Metals CEO Rohitesh Dhawan

ROHITESH DHAWAN Mining is a land based industry which means the rights of its inhabitants must be recognised as well as those of its more-than-human species

24th January 2025

By: Halima Frost

Senior Writer

     

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In Africa, and in particular South Africa, the issue of land is highly pertinent, often contested and intricately tied to notions of justice and equity, says global CEO-led organisation ICMM CEO Rohitesh Dhawan.

“As mining is a land-based industry, it is incumbent on us to operate in harmony with the rights of people and the increasingly recognised rights of nature and more-than-human species.”

These, and related matters, will be unpacked during a panel discussion on the topic ‘Land: The essential ingredient for mining, yet also the most contested’, on February 4 of this year’s Investing in African Mining Indaba.

Dhawan points out that the mining industry and Indigenous Peoples have often had a long and complex relationship.

Many Indigenous Peoples have deep connections with their lands, territories and resources, and depend upon the land for their livelihoods and spiritual and cultural wellbeing.

This highlights the potential for dispute and conflict around land use.

That historical context includes historical injustices and the lack of recognition of the rights of Indigenous Peoples, as well as several examples of positive and respectful partnerships between Indigenous communities and mining companies.

“As the mining industry, we need to understand and work with this context in all its facets, particularly where mining activities were the cause of harm or injustice.”

The sector must not forget these, but must rather learn from and use these experiences to forge positive relationships based on mutual respect and trust, he adds.

In this vein, the ICMM recently updated its Indigenous Peoples position statement to reaffirm its member’s commitment to respect the rights of Indigenous Peoples.

The statement provides a comprehensive framework for the actions that ICMM members will take, and which the ICMM hopes all miners will similarly embrace to ensure that the rights of Indigenous Peoples are respected at all times in pursuit of meaningful and positive relationships.

The biggest contribution this update makes is to clarify the role of companies and States on free, prior and informed consent (FPIC), and how this principle should be applied.

There has been a lack of clarity regarding consent over the past decade or so, making the FPIC process challenging and uncertain for all parties, Dhawan adds.

“The key feature of our revised position statement is its requirement that companies obtain agreement from Indigenous Peoples on anticipated impacts to their rights from mining activities.”

Changing the Dynamic

Owing to the intricate and multifaceted relationship between mining and nature, ICMM members committed to take urgent action in January to support a nature-positive future by 2030 – from a 2020 baseline – that promotes the health, diversity and resilience of species, ecosystems and natural processes.

The ICMM’s new commitments were set out in a five-point plan for nature, including to protect and conserve pristine areas of the natural environment, to halt biodiversity loss at member operations, collaboration across value chains, the restoration and enhancement of landscapes, and the catalysing of wider change across the ICMM network.

Edited by Donna Slater
Features Deputy Editor and Chief Photographer

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