I know the eye and main damage was 100km to the South and Montepuez, is 200km from coast but a massive hit for a country without many resources with have a social and financial affect on the country and it's people
Will it be a new wave of displaced people who have lost everything headed north to become gamperioros? Will millitants take advantage with government distracted and go harder in North and at borders and gain support?
Gemfields has agreed to pay $8.3 mn to settle 273 claims of killings, severe beatings and house burnings related to the Montepuez ruby mines, the company announced today. Importantly, it has agreed an independent grievance panel which can award compensation for any future claims. (http://bit.ly/Ruby-LD2)(http://bit.ly/Ruby-Gem)
The case was brought in the London High Court in April 2018 by human rights lawyers Leigh Day claiming “serious human rights abuses at or around Montepuez Ruby Mining’s (MRM’s)” mine. (bit.ly/Ruby-LD) The 273 claims included 18 people said to have been killed by mine security forces and Mozambican police, including shooting, beating to death, and burying alive. There are nearly 200 claims of beatings, torture, and sexual abuse – many leading to such serious injuries that people’s subsequent ability to work was limited. And there are 95 property claims related to the repeated burning of Namucho- Ntoro village; some people allege they were both beaten and had their houses burned. All incidents are said to have occurred between 2011 and 2018.
The case was settled through mediation, which means it could be settled on a “no-admission-of-liability basis” and thus Gemfields admits “instances of violence have occurred” but says that it is “not liable for the alleged incidents”. But, significantly, Gemfields agreed to settle all of the claims.
GBP 4 mn (British Pounds 4 mn; $5.3 mn) will be paid in damages. Each claimant will have a bank account opened and their damages will be deposited in the account. In addition, GBP 500,000 ($660,000) will be used to create a new livelihoods programme in the resettlement village now being built for the 100 families of Namucho-Ntoro village. GBP1.8 mn ($2.4 mn) will go to Leigh Day to pay the costs of investigation and backing up the claims, as well as bringing the case. Gemfields has also agreed to set up an independent panel to hear claims and award compensation, and Leigh Day agreed it would not bring or support any further claims against Gemfields or MRM relating to this period. More claims are possible as local people say there are many other claims which were not included in the London High Court case.
The settlement may seem a lot of money, but Gemfields says that the mine’s first 11 ruby auctions “have generated $463 million in total revenues” – so its payment to the community is less than 2% of ruby sales.
The mine has very high level political links. MRM is 75% owned by Gemfields and 25% by Mwiriti, which is controlled by Raimundo Pachinuapa, a liberation war commander now on the Frelimo Political Commission. MRM is chaired by Samora Machel Jr. Pachinuapa’s son Raime is MRM’s director of corporate affairs.
The torture and human rights violations were first exposed by journalist Estacio Valoi, notably in a 2015 Al Jazeera film (http://bit.ly/Ruby-AJ) and 2016 Foreign Policy, Zam and Mail&Guardian articles. (bit.ly/Ruby-FP)(bit.ly/Zam) (bit.ly/Ruby-MG) They were then confirmed by the Mozambican Lawyers Association (Ordem dos Advogados de Moçambique) in a 1 August 2017 statement that called for prosecutions of those responsible for “the macabre, degrading and inhuman acts of torture and exceptional violence perpetrated by members of the riot police” (Unidade de Intervenção Rápida, UIR) and the mine security force, which includes senior expatriate staff who supervise hired local people, known as “macatanas”. (bit.ly/Ruby-OAM) A “catana” is a machete, so the “macatanas” are the “men with machetes”, who sometimes do joint security patrols with the senior expatriate staff, UIR, police, and the government’s Natural Resource and Environment Conservation Police (NRPF).
Since the lawyers’ call, there have been no Mozambican prosecutions or civil claims for compensation, so redress was only gained by lawyers bringing the case in an English court.
How will those evicted earn a living?
Rubies were found in 2008. Northern Mozambique has a long tradition of artisanal gemstone mining. The find attracted the attention of both Informal miners, known as garimpeiros, and the big boys. Pachinuapa’s Mwiriti won the mining licence and the rights to 34,000 ha – 340 square kilometres, which would be a square 19 km on each side.
Mozambique’s land law is praised because it gives land rights to occupants, but the mining law overrides the land law, and hundreds of families have been evicted from mining concessions.
The village of Namucho-Ntoro had existed for 45 years in the middle of the land given to Mwiriti and MRM. There were violent raids on the village in 2014 and 2017 when houses and belongings were burned or destroyed by Caterpillar machines, tear gas was launched into the village, and villagers were beaten. Farmland was taken, and only some people received compensation; some residents were not permitted to farm any longer.
This is not an area with much good farmland, and many people were left without farms, and thus without incomes. As large tracts of land are allocated to mining companies for rubies and other gemstones, graphite, marble and other minerals, less and less farmland is available.
This has become a problem for the proposed resettlement village finally agreed last year for the people of Namucho-Ntoro. The proposed farmland is 8 km from the village – a two hour walk.
Lacking other income, by last year, many young men in villages in the area had turned to small scale mining as the only source of income. This occurred inside and outside the MRM area. The area is suitable for artisanal mining because the gravel beds with rubies are close to the surface, and it is possible to dig a pit with hand tools – although these have no supports and are unstable.
Clearing the concession by violence
Local people say MRM moved to gain control of its huge concession through systematic violence. It made almost daily raids, often with government security forces who were paid extra by MRM, to expel both the miners who had been there before MRM won the concession, as well as those who arrived later. The security forces are said to have deliberately sought to punish the miners in a brutal and humiliating fashion, trying to deter them from returning. But with no other source of income, many did.
It is alleged that in some cases the intent was to maim, breaking bones and burning with hot sticks. A central object was humiliation. Sources say miners were forced to beat each other. Some were forced to lie face down with heavy stones on their backs. There was a sexual content – in at least one incident, it is said that miners were forced to watch while women were raped.
In one reported incident miners were said to have first been forced to do press-ups with stones on the back. Then the security forces made holes in the ground and two miners were forced to do press-ups putting their penises into the holes, while foreign security specialists videoed the process.
Indeed, it is reported that part of the humiliation was that mine and state security people watched the beatings and sexual violence, and sometimes filmed it. One video shows a senior security officer watching. After the beatings, miners were often taken to mine camps to carry out forced labour – cleaning toilet blocks, vehicles and equipment – and in the cool season forced to undress, doused with water, and forced to spend the night outside.
In the worst cases, miners reported seeing other miners shot in their pits or being buried alive; at least 18 people are alleged to have died from shootings, beatings, or burials.
Police set up roadblocks in and near the mining concession to extract bribes and sometimes confiscate motorbikes and mobile telephones.
Independent grievance process promised
Local people say that many more people were subject of beatings and other violence and Gemfields has agreed a potentially ground breaking adjudication system to deal with future claims. It will follow the United Nations “Guiding Principles on Business and Human Rights” which calls for “a legitimate, independent third-party mechanism” able to adjudicate grievances and award compensation.
https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
Such panels are often just window dressing, so this one has been agreed in detail in negotiations between Gemfields and Leigh Day. Most importantly, the panel will work independently and Gemfields has agreed that it can accept complaints, conduct investigations, and award compensation. As with the overall agreement, Gemfields will not accept legal liability, but will accept the panel’s judgement and pay the compensation.
Gemfields will choose the panel members, but only from nominations made by local NGOs, church groups and professional organisations. There will be an appeal body above the panel, selected in the same way. Finally, the whole mechanism will be overseen by an expert international NGO which will be required to report publicly every six months. A growing number of INGOs have developed an expertise in independent grievance mechanisms.
Comment:
Failing to remember livelihoods
There is a growing worry in Montepuez that Islamic militants active in the north of Cabo Delgado province may be moving to the south of the province to exploit the grievances and discontents of young people marginalised by the huge mining concessions. How can displaced people to earn a living when there is little good farmland and no local jobs? The mining companies seem surprised that young men have no other choice but to become artisanal miners.
Islamist organisers gained their first foothold near Palma by offering money to people who wanted to set up businesses. There were many takers and many successes. The government, NGOs and gas companies could have done the same thing, but they did not. So it was left to Islamic militants to promote economic development. Will they move south within the province and do they same in Montepuez?
Young men are attracted from neighbouring Niassa and Nampula by promises of jobs. All that ministers can say is “don’t be attracted by these promises. They are obviously false because there are no jobs.”
Investors say “we are gas companies or miners, not development agencies or farmers. In the long term, we will create jobs.” But in the short term, there is merely a display of wealth – workers coming in from outside the area earning high salaries, workers’ compounds with a standard of living higher than what local youth can dream of, expensive cars, etc. No wonder some young people are attracted to what is presented as an Islamist alternative. Nor should we be surprised at demonstrations in Palma calling for the gas project to be halted.
Anadarko, Gemfields and others try to create islands separated by fences from the rest of Mozambique. But al-shabaab is at the gates of Anadarko and small scale miners continue to dig for rubies.
The government seems unable to create livelihoods and jobs. Like it or not, miners and gas companies must become development agencies and farmers to stem the discontent they are creating .
By Joseph Hanlon
Source: News reports & clippings
Thousands of illegal ruby miners are making their way to northern Mozambique in search of the ruby despite crackdowns by police and private guards, a news agency reports.
The blood-red gemstones’ deposits, which were discovered nine years ago, were relatively accessible in shallow ground, which provides room for illegal mining and trading.
Mozambique mining minister Max Tonela was quoted by AFP as saying that the illicit mining and smuggling of ruby was damaging the country's development and vowed "to reverse the current pernicious situation."
However, illegal miner Luis Elias said he would continue searching for rubies whatever the cost.
"We have no choice," he said. "We will continue to 'steal' the stones that God gave us."
Maputo sold mining rights to 36,000 hectares of ruby-rich land in 2011 to Montepuez Ruby Mining (MRM), a subsidiary of London-based Gemfields.
This saw the authorities and an army of private security officers swooping down on the area and the hundreds of illicit miners known as "garimpeiros".
Gemfields chief executive Sean Gilbertson said their security men and the illegal miners were not friendly to each other, but they were respecting the human rights of illegal miners.
However, the illegal miners said they were being tortured.
"They come, arrest us, torture us and even bury our colleagues in the holes," said Fernando Zulu.
"Our demand is that the government authorise us to dig, extract the rubies and sell them to the government."
AFP reports that the illegally mined stones were sold to foreigners including Senegalese, Malians or Nigerians at the start of the illegal chain of trading.
It alleged that the stones ended up in the hands of bigger dealers from Thailand, South Asia or Vietnam.
Mozambique now accounts for 80 percent of global ruby production.
Mathew Nyaungwa, Editor in Chief of the African Bureau, Rough&Polished
Ruby rush brings 'hell', not riches, to Mozambique village
Discovery of the precious red gemstone by a local woodcutter just nine years ago sparked a "ruby rush" in Mozambique, which now accounts for 80% of the world's production.
Illegal miners stand on top of a ditch where they search for rubies on 3 August 2018, in Nthoro village, on the outskirts of the mining town of Montepuez, Mozambique. Picture: AFP.
MONTEPUEZ - Nearly a decade after rubies were first found in northern Mozambique, the discovery has proven a poisoned chalice, says traditional local ruler Cristina Joaquim.
Instead of riches and reward, what could have been a windfall has brought harassment, violence and even a local ban on farming.
The village of Nthoro sitting atop the ruby deposits has been targeted by gangs - allegedly backed by police - who have burnt homes and smashed belongings in an apparent attempt to force residents to move.
On the road to the village of around 12,000, dozens of signs warn villagers: "You're in the mining concession area of MRM. It is forbidden to farm, cultivate, build homes or do any mining."
Montepuez Ruby Mining (MRM), a subsidiary of London-based Gemfields, won the mining rights to 36,000 hectares of ruby-rich land in the former Portuguese colony in 2011.
Discovery of the precious red gemstone by a local woodcutter just nine years ago sparked a "ruby rush" in Mozambique, which now accounts for 80% of the world's production.
From 2014 to June 2017, MRM held eight auctions of rubies from Mozambique, raising more than $280 million, according to government data.
"In this village we had a good life, but when our land became a mining concession area, everything changed," Queen Cristina, dressed in a traditional "capulana" skirt and headwrap, told AFP.
"Because they say they are going to resettle us, they don't allow us to do farming, build new houses.
"Many people have fled because of police torture, famine, burning houses. Only few people remained - those who resist."
FENCED OFF
Conditions in Nthoro are a far cry from the lifestyle enjoyed by those able to pay more than $21,000 for a ruby engagement ring by fabled luxury jeweller Faberge, which has been acquired by Gemfields.
Located in the Montepuez district of Cabo Delgado province, Nthoro has no piped water or electricity and its houses are built of wooden stakes and dried grass.
A security fence surrounds the village, with only one gate overseen by guards.
Nthoro, a clearing cut from thick forest, is planted with mango, coconut and papaya trees, and chickens scratch in the dirt.
The only sign of public services is a police station, which is staffed by a special military police unit rather than civilian officers.
Cristina accuses the authorities of wanting to drive villagers off the land to avoid having to resettle them elsewhere.
"I urge the company to resettle us so we can move away from this hell. We always refer these issues to the government, but the government never answers," she said.
LEGAL ACTION
MRM is 75% owned by Gemfields and the rest by Mwiriti Limitada, a Mozambican company co-owned by army General Raimundo Pachinuapa - a senior member of the ruling Frelimo party.
Just 10 minutes away from Nthoro, the mining company's main camp has power, running water, restaurants and even a health clinic.
Nthoro's residents are among thousands of people living within MRM's vast concession area who are facing relocation under Mozambican law.
"We no longer have any place for farming. The mining company forbids us. We can't move freely because in certain areas the company forbids it," Joao Carimo, another community leader, told AFP as other locals cheered him on.
"Those who burned our houses are police officers and security guards at the mine," he alleged.
Police deny any wrongdoing.
Determined to fight back, about 100 Mozambicans have joined a lawsuit in Britain alleging serious human rights abuses.
London-based law firm Leigh Day issued proceedings at the High Court against Gemfields in April.
The claimants allege that they have been shot at, beaten and unlawfully detained, with four families saying their sons were shot dead by security forces at the mine.
NEW SETTLEMENT DELAYS
Gemfields told AFP it could not comment on the claims because of the court proceedings but said it took "allegations of this nature extremely seriously and denounce(d) any form of violence or abuse."
It added that 105 families would be resettled from Nthoro under a $10-million project to establish a new settlement nearby with water, power, a school, market, mosque and church.
"Defining which village families are to be relocated... was carried out by a third-party consultant in a lengthy and thorough process," Gemfields said in an email.
Gemfields said the new settlement's foundation stone was laid in April and the relocation was scheduled to take two years.
The local government said it was applying pressure over apparent delays to the construction.
"They should have started homes this year so we are worried," district government official Fabiao Namiva told AFP.
"But we also value things the company is doing -- paying taxes and organising mobile clinics and employment training. The communities are benefiting from it. The only issue is the resettlement."
For one villager, Jeronimo Amade, 45, the rubies have brought only a desire to leave the area and start a new life.
"I just want to be compensated and get out of here," he said. "I have seen people killed, many houses burned down. All because of the resources discovered in our land."
