(Apologies for previous errors: The legislation concerning mineral resource ownership is contained in the Mines and Minerals Act 2009 not the constitution)
KDDAUK is a Diaspora-led UK charity that has among other things carried out HR advocacy on behalf of the Kono indigenous ethnic group and the Kono District of Sierra Leone. It has recently been exploring the potential for legal actions and taking advantage of the protection of international instruments, especially those concerning indigenous peoples, minorities and land and resource rights.
The Kono ethnic group suffer victimisation, discrimination and political/police suppression. The Kono District suffers environmental degradation and severe underdevelopment. Both phenomena are partly due to the 'resource curse'. Kono's and Kono have the unenviable distinction of being the people referred to in the Hollywood movie 'Blood Diamond' and were driven from their lands because of the 11 year armed scramble for the resources under their feet by a variety of actors, this ended officially in 2002. They have been written out of ownership of their land's mineral resources by Section 2(1) of the Mines and Minerals Act 2009 and now suffer from kimberlite blasting as close as 500 metres from residences (see ‘Koidu’ Google Earth) , pollution, displacement and receive very little returns in exchange for the tens of thousands of carats per month that are extracted from the district.
In the last few years, the young Mayor of Koidu has advocated strongly in favour of Kono’s and local community rights. He recently initiated legal proceedings for unpaid community development taxes on behalf of the local community, against OCTEA Ltd owned by Beny Steinmetz' BSRG group, which has been named in the Panama Papers. As the legal system in Sierra Leone is known to work at the behest of the executive arm of government, there was no chance the courts would find in favour of the Mayor. Before the case was concluded he was suspended by decree on trumped up allegations initiated by government ministers. Despite being completely exonerated by the Anti Corruption Commission he is yet to be reinstated. In his absence the court held that OCTEA was not a registered company in Sierra Leone therefore was not active in the country and could not be sued for unpaid taxes. The decision caused widespread outrage among Sierra Leoneans of all ethnicities at the impunity of international companies, complicity of central government and the continuing corruption of the legal system (following on from the Supreme Court’s decision regarding the sacking of the Vice President, a Kono). Among Kono’s this was perceived as yet another in a series of acts designed to suppress the Kono ethnic minority. There have since been demonstrations by Diaspora Kono’s in London at Tiffany’s at Selfridges and Sloane Square, and in two cities in the US, against the decision, OCTEA, BSRG and Tiffany & Co; reputed to be their largest customer.
KDDAUK intends to assist the mayor and other activists and radio journalists who have been silenced or driven underground for advocating on behalf of the District and the Kono people.
Regardless of current tax liabilities there are nationwide concerns at the low level of national and local revenue written into mining concessions and agreed by central government, the failure of government to gain the full participation of local communities in setting their own terms and their failure to ensure full informed consent of communities without duress once those terms have been agreed. Documentary and recorded evidence exists of Kono communities being publicly threatened by members of government at the highest levels with withdrawal of all community development action or funds if they did not comply with the government or objected to their actions. Consultation with paramount chiefs, who are the legal trustees of land, cannot be deemed as community consent, as there is a rift between local communities and their paramount chiefs; the latter are perceived to be working on behalf of the government and not on behalf of their people or for the protection of land and environment. The paramount chiefs have not made it clear whether they act (or stay silent) willingly or under duress. In any event KDDAUK are interested in exploring international rights and conventions that would empower communities to re-open and renegotiate resource contracts, setting their own terms. And international jus cogens that would impose a moral duty on companies and governments to do same.
There is currently a constitutional review in process in Sierra Leone. However, the Sierra Leonean parliament is as beholden to the executive arm of government as is the civil service and judiciary. This is likely to affect chances of repeal of S2(1) of the Mines and minerals Act which removes ownership of mineral resources from local communities and grants it to central government (‘the Republic’). Nevertheless the review commission has shown its willingness to make recommendations that do not suit the executive and there may still be a chance of making strong representations for this section to be repealed and for the constitution to guarantee the rights of local communities to decide and receive the revenue and royalties from, and control, mineral resources, and guarantee their exclusive use for the strong sustainable development of local communities, with a minority of revenue going to central government.
KDDAUK is a Diaspora-led UK charity that has among other things carried out HR advocacy on behalf of the Kono indigenous ethnic group and the Kono District of Sierra Leone. It has recently been exploring the potential for legal actions and taking advantage of the protection of international instruments, especially those concerning indigenous peoples, minorities and land and resource rights.
The Kono ethnic group suffer victimisation, discrimination and political/police suppression. The Kono District suffers environmental degradation and severe underdevelopment. Both phenomena are partly due to the 'resource curse'. Kono's and Kono have the unenviable distinction of being the people referred to in the Hollywood movie 'Blood Diamond' and were driven from their lands because of the 11 year armed scramble for the resources under their feet by a variety of actors, this ended officially in 2002. They have been written out of ownership of their land's mineral resources by Section 2(1) of the Mines and Minerals Act 2009 and now suffer from kimberlite blasting as close as 500 metres from residences (see ‘Koidu’ Google Earth) , pollution, displacement and receive very little returns in exchange for the tens of thousands of carats per month that are extracted from the district.
In the last few years, the young Mayor of Koidu has advocated strongly in favour of Kono’s and local community rights. He recently initiated legal proceedings for unpaid community development taxes on behalf of the local community, against OCTEA Ltd owned by Beny Steinmetz' BSRG group, which has been named in the Panama Papers. As the legal system in Sierra Leone is known to work at the behest of the executive arm of government, there was no chance the courts would find in favour of the Mayor. Before the case was concluded he was suspended by decree on trumped up allegations initiated by government ministers. Despite being completely exonerated by the Anti Corruption Commission he is yet to be reinstated. In his absence the court held that OCTEA was not a registered company in Sierra Leone therefore was not active in the country and could not be sued for unpaid taxes. The decision caused widespread outrage among Sierra Leoneans of all ethnicities at the impunity of international companies, complicity of central government and the continuing corruption of the legal system (following on from the Supreme Court’s decision regarding the sacking of the Vice President, a Kono). Among Kono’s this was perceived as yet another in a series of acts designed to suppress the Kono ethnic minority. There have since been demonstrations by Diaspora Kono’s in London at Tiffany’s at Selfridges and Sloane Square, and in two cities in the US, against the decision, OCTEA, BSRG and Tiffany & Co; reputed to be their largest customer.
KDDAUK intends to assist the mayor and other activists and radio journalists who have been silenced or driven underground for advocating on behalf of the District and the Kono people.
Regardless of current tax liabilities there are nationwide concerns at the low level of national and local revenue written into mining concessions and agreed by central government, the failure of government to gain the full participation of local communities in setting their own terms and their failure to ensure full informed consent of communities without duress once those terms have been agreed. Documentary and recorded evidence exists of Kono communities being publicly threatened by members of government at the highest levels with withdrawal of all community development action or funds if they did not comply with the government or objected to their actions. Consultation with paramount chiefs, who are the legal trustees of land, cannot be deemed as community consent, as there is a rift between local communities and their paramount chiefs; the latter are perceived to be working on behalf of the government and not on behalf of their people or for the protection of land and environment. The paramount chiefs have not made it clear whether they act (or stay silent) willingly or under duress. In any event KDDAUK are interested in exploring international rights and conventions that would empower communities to re-open and renegotiate resource contracts, setting their own terms. And international jus cogens that would impose a moral duty on companies and governments to do same.
There is currently a constitutional review in process in Sierra Leone. However, the Sierra Leonean parliament is as beholden to the executive arm of government as is the civil service and judiciary. This is likely to affect chances of repeal of S2(1) of the Mines and minerals Act which removes ownership of mineral resources from local communities and grants it to central government (‘the Republic’). Nevertheless the review commission has shown its willingness to make recommendations that do not suit the executive and there may still be a chance of making strong representations for this section to be repealed and for the constitution to guarantee the rights of local communities to decide and receive the revenue and royalties from, and control, mineral resources, and guarantee their exclusive use for the strong sustainable development of local communities, with a minority of revenue going to central government.
No comments:
Post a Comment