Human rights perspective of mining induced displacement and resettlement

Introduction
Background
The present-day economic development gives rise to a substantially greater magnitude of resettlement in comparison to ten years ago. In the past six decades, the worldwide magnitude of development-induced displacement and resettlement has fully-fledged to an approximated 250 million to over 400 million people (Terminski, 2012). Across the globe, development projects have resulted in approximately 15 million people facing displacement on an annual basis (Van der Ploeg and Vanclay, 2017). Even though mining is not deemed to be a statistically significant classification of development-induced displacement, the social costs of mining exploitation are substantial.
The issue of mining-induced displacement and resettlement is an international predicament, taking place in all continents around the world. Nations that have especially massive scale MIDR comprise of China, Indonesia, India, and several nations in the African continent such as Botswana and Ghana (Terminski, 2012). As much as mining-induced displacement is an international phenomenon, the difficulties faced by those displaced in numerous expanses of the world vary greatly. The social and human rights issues impacting displaced populaces are different contingent on where they reside. Resettlement instigated by mining is part of the wide-ranging context of development induced displacement and resettlement (Terminski, 2013).
Problem Statement
Off late, the mining industry has become exceedingly embedded in various intricate and belligerent social policy deliberations, including business and human rights, conflict minerals such as blood diamonds, and negotiated agreements. Displacement and resettlement of the affected communities seem to be some of the emanating subject matters and policy deliberations that have gained the attention of the industry. For the most part, the mining industry is linked with decisions that have significant social repercussions.
One of the adverse impacts of mining in the present day encompasses the coercing and pushing masses of people to relinquish their current homes and places of residence. In the contemporary setting, mining-induced displacement and resettlement encompass significant social issues and a challenge for human rights (Terminski, 2012). Mining-induced displacement and resettlement (MIDR) are innately intricate, encompassing several social, spatial, and political changes, with long-term effects on people and projects. Whereas there is no intrinsic reason to make the supposition that resettlement ought to be a harmful process, the nature, subtleties, and coping strategies of communities impacted by MIDR are not understood. There is a lack of information to scrutinize the capability of the industry, or impacted communities, to meet the challenges of a setting defined by MIDR.
Literature Review
Regardless of their main aim, and whether instigated by governments or private establishments, massive development and infrastructure projects usually necessitate land. This necessity, for the most part, gives rise to the dislocation of persons and communities residing there. Moreover, even in circumstances where the persons or communities are not necessitated to shift, the project developments may still affect their everyday livelihoods and sources of income, either provisionally or permanently (Vanclay, 2017). In their endeavor to attain growth and development of the economy, host governments are usually swayed by the opportunities of mining linked revenues and infrastructure schemes. Nonetheless, simultaneously, mining may have extensive adverse impacts on the local inhabitants and the environment, harshly endangering the livelihoods and environment depended upon by several people (Noorani, 2013).
Terminski (2013) indicates that mining-induced displacement and resettlement is a wide-ranging global issue taking place in all parts of the world and is not only a socio-economic problem but also a human rights problem. Social problems impacting displaced persons are wide-ranging contingent on where they live. Resettlement instigated by mining is a part of the wider and more extensive framework of development-induced displacement and resettlement. MIDR violates numerous human rights, particularly those of an economic and social nature. Mining projects generate numerous prospects, including revenues, occupation, infrastructure, in addition to resources for social growth and development. Mining displacement and the associated risk to human rights are existent in numerous nations and regions across the globe. Mining-induced displacement and resettlement is not just a problem about of individual human rights defilements, but also relating to shared rights, community-corporation clashes, the fight for resources, access to traditional and arable land, indigenous rights, the problem of sovereignty of tribal persons and local societies, and sustainable development (Aboagye, 2014).
Owen and Kemp (2015) indicate that physical dislodgment, repositioning, and resettlement are extensively recognized as posing a significant social risk. MIDR is significantly signified by factors that take place in 'brownfield' project situations, in the sense that even when the preliminary displacement originates in otherwise 'new' mining developments. Forced displacement and resettlement gives rise to the affected people and communities having to embrace significant risks in the re-establishment of their homes, social relations, employment and professions, and subsistence practices, all of which generate manifold levels of stress (Van der Ploeg and Vanclay, 2017).
Aboji et al. (2019) indicate that insufficient compensation of the displaced results in landlessness and homelessness. Also, the financial capability may become severe, owing to the need for additional funds for renting. Research has established that over 80 percent of the affected populaces live in shelters that are not only transitory but also structurally unsafe. Moreover, even though the advent of development projects implies prospective employment chances, hardly are the local inhabitants hired in the job areas (Madebwe et al., 2011).
Furthermore, Scudder (2005) indicates that during this process of resettlement, persons and families end up being reliant on the company or government for providing their basic needs. Also, the social unity and quality of the associations between and within households are interrupted and deteriorated. Ultimately, this generates a heightened sense of inequality, discrimination, and unfairness. Chakroborty and Narayan (2014) indicate that MIDR can give rise to the loss of assets that are both physical and non-physical for local communities comprising home environment, productive land, access to traditional properties, resources, cultural locations, social constructions, and income-generating assets. Owing to MIDR, there is the risk that local communities face in ending up unemployed, impoverished, marginalized, and devoid of access to traditional sources of food while experiencing a loss in social cohesiveness and being forced to deal with the interference of educational and social activities.
Significance
Human rights are fundamental liberties that are accorded to every human being, which have to be acknowledged, respected, and upheld at all times. It is necessary to assess and understand human rights issues in the context of mining-induced displacement and resettlement to ascertain the positive and negative impacts of MIDR and the measures that can be undertaken to ensure that such communities' rights and respected and are empowered in the long run.
Research Aim
This paper will present literature indicating how MIDR facilitates the violation of human rights in different communities and regions across the world. This paper will differ from previous literature as it will not only touch on the violations globally but also seek to ascertain how MIDR can empower the affected communities. It is necessary to assess and understand human rights issues in the context of mining-induced displacement and resettlement as it is one of the major demographic, socio-economic and cultural issues, encompassing changes in population dynamics, health effects, dependencies, economic inequality, and obstruction. These impacts not just financial but social, ethical, and cultural dilapidation, which alter the prevailing lifestyle of the communities holistically (Chakroborty & Narayan, 2014).
International and Human Rights Legal and Policy Framework on MIDR
Human rights allude to the fundamental rights to which an individual is innately entitled, basically because he/she is a human being, and these rights should not only be acknowledged but also respected (Sepuldeva et al., 2004). Human rights are universal, all individuals in the world are entitled to them, and these rights are interdependent, and all have equal status and cannot be ordered (Van der Ploeg and Vanclay, 2017). The following are human rights that ought to be taken into consideration in mining-induced displacement and resettlement:
1. Right to private and family life
International Covenant on Civil and Political Rights (ICCPR) facilitates people to revel in a variety of human rights. According to article 17, no individual shall be exposed to indiscriminate or illegal intrusion with his privacy, family, home or correspondence, nor illegitimate assaults on his integrity and standing. Article 23 clarifies that being the natural and core unit of society, the family has the right to obtain safeguards by the society and the State.
2. Rights of the child
The United Nations Convention on the Rights of the Child sets out the right of every child, irrespective of their disabilities, and racial and religious background. As outlined in Article 24 of the CRC, a child is entitled to enjoy the utmost possible standard of health, and no child should be dispossessed of his or her right to gain accessibility to health care services such as treatment and rehabilitation. Article 28 further indicates that every child should have the right and equal opportunity to obtain an education.
3. Right to information and Right to participation
The United Nations Declaration on the Rights of Indigenous Peoples comprises of the principle of free, prior, and informed consent, which is intended to enable indigenous populations to have the right to participation and consultation before development starts on their ancestral land or the resources in their territory are used. The indigenous populations have the right to gain information in suitable languages and different formats. This encompasses adherence to the principles of inclusion and equality.
4. Right to work
International Covenant on Economic, Social, and Cultural Rights guarantees the right to education and also fair and just work conditions. Article 6 of the ICESCR indicates that every individual should have the right of access to work that one selects and accepts at liberty in addition to the right to food, water, and housing.
5. Right to culture and Right to Religion
Based on Article 15 of the ICESCR, every individual has the right to partake in cultural life in addition to enjoying the benefits of scientific advancement and its applications and also safeguarding the interests resulting from any scientific, literary or creative production. Furthermore, Article 27 of the ICCPR indicates that people from minority groups should have the right to enjoy their own culture, in addition to acknowledging and practicing their religion and using their language.
6. Right to remedy
ICCPR outlines that every state part is mandated to guarantee that any individual whose rights have been infringed is entitled to an applicable remedy, and that such remedy shall be ascertained by proficient jurisdictive, governmental or legislative authorities to develop the prospects of judicial remedy and that the relevant authorities implement the remedies when granted. Such an individual is entitled to full and fair compensation (OCHA, 2004; Habitat International Coalition, 2010; United Nations, 2018).
MIDR and Violation of Human Rights
MIDR is associated with the violation of numerous human rights, particularly from a social and economic perspective. Some of these human rights violations include but are not limited to insufficient compensation for lost property, lack of involvement of local communities in the division of profits generated from the exploitation of resources, violation of social, economic, and cultural rights, particularly for indigenous people, violation of housing rights, marginalization and subjugation of the most susceptible groups, and cultural devastation instigated by resettlement (Terminski, 2012). This section explains case studies demonstrating the violation of human rights due to MIDR across the world.
Loss of Social Ties and Social Capital
Dastgir, Kawata, and Yoshida (2017) explain this violation of human rights in the case study of the Aynak copper mine project situated in Afghanistan. The study established that one in seven villages affected by the project faced involuntary relocation. Also, the families affected by the project indicated that mine-associated earnings insufficiently supplanted their traditional sources of income. Also, being geographically divided resulted in the challenges of sustaining social networks that are essential for their survival. Significance, once social networks are lost and misplaced in war-torn Afghanistan, rebuilding them is very challenging. This case study demonstrates that forced relocation due to MIDR resulted in a significant reduction in the everyday labor earnings and solely somewhat supplanted by income from activities that are mine-related amongst the persons and families that were relocated. Moreover, such relocation substantially dissuaded the involvement in community life, mirroring the losses of social capital as a result of separation (Dastgir, Kawata, and Yoshida, 2017).
Keovilignavong (2019) examined the case of gold mining in the region of Phu-Hae in Lao. The study ascertained that both illegitimate activities related to small-scale artisanal mining and large scale mining significantly tarnished the natural resources in the area. Even though the endeavors by the local government alleviated the environmental effects of large scale mining, the problems about lack of social capital and poverty prevail in the region.
Conflicts and Violation of Social, Economic, and Cultural Rights
MIDR is one of the most overlooked causes of displacement in Africa, and this has heightened over the decades, with mineral extraction being a fundamental economic driver in the continent. When mining agreements are approved, the instantaneous threat to the local community encompasses displacement and loss of property rights. For the most part, development projects result in the loss of land and, even worse, inflict limitations on the usage of land and accessibility to forests, protected regions, and demarcated grounds (Perera, 2014). A fitting example is a displacement of the San community from the Central Kalahari Game Reserve to pave the way for the large scale diamond mining. In the African continent, MIDR has resulted in severe social and environmental costs. Ideal examples include mining of gold in Ghana and also diamond and coltan exploitation in the Democratic Republic of Congo (Van Criekinge, 2008).
In Ghana, a nation rich in comprehensive gold mines experienced significant MIDR and violation of human rights. In more than a decade, over 30,000 persons from the Tarkwa district faced displacement as a result of gold mining (Akabzaa and Darimani, 2001). Aboagye (2014) indicates that mining activities across Ghana have devastated populations. Furthermore, the people from this community experienced severe human rights violations in the forms of beating, imprisonment, and also killing due to advocating for their community rights (Van Criekinge, 2008; Ayee et al., 2011). In the nation of Congo, the exploitation of coltan and diamonds resulted in severe conflict and plenty of bloodshed due to the illicit trading of these resources. This prompted the major deliberation on blood diamonds. Until today, rebel groups control a number of the regions where these minerals are extracted and, as a result, have become key players in the mining trade, extracting the minerals and selling them illegitimately to finance their insurgency (Van Criekinge, 2008).
Manjula et al. (2013) examined the impact of MIDR with a respective emphasis on Kerala in India. The author ascertained that the development project gave rise to displacement and diminished employment rate. Specifically, before displacement, the population in Kerala had an employment rate of 47 percent, which deteriorated to 35 percent after the acquisition of land.
Marginalization and subjugation of the most Susceptible Groups
Mining operations can facilitate the empowerment of indigenous people. However, based on encounters of the past, these operations have ultimately stripped them of their independence, wealth, and also customs (Downing et al., 2002). Rich in natural resources, Guatemala, in the past decade, has experienced the challenges of investment in mega projects for development. Indigenous communities are the major victims of these development projects in Guatemala. A case study on Goldcorp's Marlin mine in the region of San Marcos in Guatemala indicates how MIDR fails to take into consideration the protection of the rights of indigenous people, and the significance of including them in the development projects by ensuring their voices are heard are involved (Willems, 2010).
Research conducted by Bennet and MacDowell (2012) demonstrates their verbalized testaments and evidence regarding amassed physical and economic displacement from coal mines that are situated in India. The research study established that there were severe impacts on the culture of the community, and also the lands and sources of income for the affected communities. Wiegink (2020) demonstrated the impact of MIDR in displacing and depleting already vulnerable communities in Tete province in central Mozambique. The projects implemented by multinational companies in the open-pit coal mines resulted in the resettlement of thousands of people, in addition to repressing the opposition made by the local communities.
Wilson (2019) examines the case of rutile mining communities in Sierra Leone and the significant impacts of MIDR. The study ascertained that the Sierra Leone government and the mining corporations exerted substantial power in implementing the involuntary displacement and ensuring the resettlement of the displaced communities. These populaces were forced to endure homelessness, joblessness, food shortage, in addition to marginalization both politically and socially. Ultimately, their livelihoods were worse compared to before the resettlement.
MIDR and Protection of Community Human Rights
There are significant ways in which MIDR can aid in the protection of the human rights of the communities directly affected. First of all, forced displacements and resettlements must not give rise to harm to the human rights of the persons and communities affected by the development project. Similarly, it should not generate obstacles to the right to continued the enhancement of standards of living (Wang et al., 2013). Advancing and expanding interdependencies amongst players in public, private, and civil societies guarantee more fair and equal treatment of displaced persons and increase the capacity of the local community to repel displacement. Mining delivers inputs for other manufacturing sectors that play a pivotal role in sustaining population welfare and the operation of global economies. Similarly, it can produce social and environmental effects, which could result in the public resisting the sector (Mancini and Sala, 2018). Moreover, emphasis should be placed on augmenting transparency and public involvement to improve the legality and culpability and governance (Wang et al., 2013; Mishra and Mishra, 2017).
The companies involved in the development projects are accountable for respecting human rights, irrespective of the human rights obligations for the state. Also, these companies must completely evade causing any sort of detriment. The accountability to respect and live up to human rights in resettlement wants those private actors to embark on pro-active measures to contribute to the gratification of the human rights of all affected individuals, groups, and communities (Van der Ploeg and Vanclay, 2017).
Van der Ploeg and Vanclay (2018) illustrate that corporations ought to prudently take into account the standing of the community affairs function within the project in addition to having greater dedication to guarantee that international standards for both social and environmental performance are met. The companies ought to incorporate sufficient human rights specialists and outline the plans and processes for guaranteeing resettlement and compensation. Moreover, projects must efficaciously manage human rights issues regardless of the actualities of intricate operating environments.
All prospectively impacted persons and groups should be accorded the right to pertinent information, extensive consultation, and participation in the course of the whole process. All pertinent information ought to be provided to affected communities before carrying out any decisions for these communities to have ample time to process such information. Moreover, such information rendered ought to be inclusive and comprehensible by all groups, including the susceptible ones (Scudder, 2011).
The information rendered should be conveyed in suitable languages and different formats contingent on the local setting. What is more, by respecting the right to information, MIDR responsible companies must ensure that communities can gain access to all suitable documentation and also have accessibility to independent consultation. It is also essential to ensure that the information is up to date at all times and an incessant dialogue (Van der Ploeg and Vanclay, 2017).
Mining development is an intrinsically environmentally and, at times, socially unsettling and damaging process. Consequently, facilitating the compensation for such detriment is pivotal if long-standing development plans are to be not only advantageous but also sustainable to all stakeholders (McLeod, 2000). Companies need to guarantee that the local communities receive full and fair compensation (Cao et al., 2018; Tagliarino et al., 2018). Part of suitable packages is facilitating the transformation from land-based livelihoods to wage-based livelihoods. As indicated by Adoteng-Kissi (2017), the mining companies are obliged to facilitate the compensation and alleviation of poverty for the local farmers for the impact that their operations have on their farmlands. Taking into account the ineffective poverty compensation package given to farmers in the Prestea mining community, the author indicates that it is pivotal to establish and execute a compensation package that would function at sustainable magnitudes and seek out coverage against the fluctuating operational effects that disrupt the prospective advantages of farming.
Conclusion
Present-day economic development results in a substantially greater size of resettlement when compared with the preceding two decades. Research shows that more than 15 people are forced to move away from their homes and place of residence owing to development projects. As much as MIDR is a worldwide aspect, the problems faced by the affected communities in several regions across the globe largely vary. These problems are mostly socio-economic.
However, this research demonstrates that MIDR violates numerous human rights. Human rights are universal, all individuals in the world are entitled to them, and these rights are interdependent, and all have equal status and cannot be ordered. Some of these human rights violations include but are not limited to insufficient compensation for lost property, lack of involvement of local communities in the division of profits generated from the exploitation of resources, and several others.
The repercussions of such violations are largely overlooked and undervalued. Bearing in mind that the development of regions is not bound to cease anytime soon, it is pivotal for companies accountable for such developments to consider the rights of the communities. Respecting, guarding, and accomplishing human rights must become more conspicuous in both the procedures and results of resettlement. The different entities involved in these development projects ought to better comprehend what the corporate responsibility to respect human rights requires in circumstances of forced resettlement and expropriation.
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