Anglo American representatives present the findings of a land ownership survey to the community of La Encanÿada in northern Peru
When developing a plan to build or expand an operation, we aim
to avoid resettlement. Where a resettlement has to be
conducted, we use international best practice. This involves
continuously talking to stakeholders to ensure we fully understand
the needs, aspirations and local political dynamics of the affected
communities.
Resettlements at Ga-Pila and Motlhotlo
The resettlements
undertaken by Anglo Platinum at Ga-Pila and Motlhotlo near its
Mogalakwena mine (involving almost 10,000 people from 957
households), formerly known as Potgietersrust, were the subject of
significant controversy during 2008, in part owing to allegations
of human rights abuses and water pollution by the mine in a report
by the NGO, ActionAid.
In response to
the allegations, we indicated in our 2008 Report to Society that an
independent study by the Institute of Groundwater Studies in South
Africa, using isotope testing, disproved the allegation of water
pollution and that a report released by the South African Human
Rights Commission did not sustain ActionAid’s allegations of
human rights abuses by the mine. The report did, however, highlight
the vulnerabilities of communities living around large-scale mining
operations in rural areas.
In late 2008,
Anglo Platinum appointed consultancy firm, ERM, to conduct a review
of the resettlement processes undertaken at Ga-Pila and Motlhotlo
against current best practice in order to identify key strengths
and weaknesses (and associated lessons learnt). The aim was also to
lay the foundations for sustainable and informed actions by
developing a set of practical recommendations for Anglo Platinum
based on the review findings.
Review findings
ERM used the
International Finance Corporation’s (IFC) Performance
Standard 5: Land Acquisition and Involuntary Resettlement as the
benchmark for this review. It should be noted that this standard
was not in place when either resettlement was planned. We
considered it to be a suitable reference, however, given our
aspiration to comply with the highest international standards.
The findings of
the review were based on extensive stakeholder testimony relating
to their experience of the resettlement process. This involved
interviewing a broad sample of interested and affected stakeholders
over a six-month period.
The review
component of the research identified a number of strengths and
weaknesses in Anglo Platinum’s management of the weaknesses
in Anglo Platinum’s management of the resettlement processes
at Ga-Pila and Motlhotlo. Based on the evidence available to ERM at
the time of the research, the review found that the Ga-Pila
resettlement processes had not been broadly aligned with IFC
Performance Standard 5.
Some strengths
were noted in the more technical and physical aspects of the
resettlement, including land acquisition by fair and legal means, a
degree of consultation with and participation by affected parties;
the provision of adequate replacement of property; land-based
compensation and, associated with this, security of tenure; the
provision of physical support for the actual move; and the
objective of seeking to improve living conditions.
The overall
resettlement, however, was undermined by inadequate management of
the less tangible and ultimately more complex social and community
relations aspects of resettlement. These included the negotiations
over land rights and the original decision to move; the ongoing
management of expectations; the lack of responsiveness to a
changing social environment (such as emerging resistance); the poor
management of grievances and the emotional impact of resettlement;
and inadequate attention to the restoration of livelihoods.
In the case of
Motlhotlo, the review found that significant improvements and
learnings from Ga-Pila had been applied to make the process much
more closely aligned with the IFC standard.
Key strengths
related to improved implementation of household audits and the
valuation of assets, grievance procedures for compensation and
household defects, the overall quality of the replacement houses
and key aspects of service provision.
In spite of these
improvements, weaknesses were noted in a number of areas, including
inadequate consideration of vulnerable groups; restoration, but not
significant improvement, of livelihoods resulting from poor
post-resettlement development planning; and a lack of systematic
monitoring and evaluation procedures suitable for a resettlement
process. Shortcomings were also identified in the representative
bodies established to represent affected residents during the
resettlement; there was a lack of mechanisms to resolve disputes in
an impartial manner; and inadequate consideration of the emotional
impacts of resettlement.
On balance, the
Motlhotlo resettlement process is considered to be broadly aligned
with IFC Performance Standard 5.
Looking forward: major themes for action
The findings, for
ongoing attention by Anglo Platinum, were organised into broad
themes for improvement and action. These include:
-
Trust- and
relationship-building
-
Stakeholder
engagement (strategy and systems)
-
Anglo
Platinum’s internal organisational capacity to manage
community/social issues
-
Integrated
post-resettlement development planning and livelihoods
restoration
-
Compensation
and other unfinished business
The intention of
these themes is to look forward to ways in which relations between
Anglo Platinum and its stakeholders can be enhanced and,
importantly, to improve community livelihoods and quality of life
in the affected settlements.