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Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
Transparency in the extractive sector miningg
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Transparency in the extractive sector miningg

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  • 1. Zimbabwe EnvironmentalLaw Association (ZELA)
  • 2. Table Of ContentsACKNOWLEDGEMENTS 2INTRODUCTION 3BACKGROUND AND CONTEXT 4WORKSHOP PROCEEDINGS AND RESULTS 6SESSION 1: CHALLENGES IN MINING SECTOR 6PRESENTATION 1: Mining Sector Perspectives on Transparency and Accountability: 6PRESENTATION 2: Key Legal and Administrative Issues on Access to Information 7and Public Participation in the Mining SectorFIRST DISCUSSION SESSION 10PRESENTATION 3: Challenges and Building Blocks in Fighting for Transparency andAccountability in Zimbabwe 11PRESENTATION 4: Protecting the Environmental, Economic, Social and Cultural Rightsof Communities in Mining Areas 12SECOND DISCUSSION SESSION 14SESSION 2: TOOLS AND INITIATIVES TO PROMOTE TRANSPARENCY ANDACCOUNTABILITY IN THE EXTRACTIVE SECTOR 16PRESENTATION 5: Extractive Industries Transparency Initiative (EITI) and 17Publish What You Pay (PWYP) Campaign 18PRESENTATION 6: Alternative Business Sector Models toPromote Transparency and Accountability in the Extractive Sector 19PRESENTATION 7: Use of Modern Communication Technologies and theMedia to Promote Transparency and Accountability in the Extractive Sector 20PLENARY DISCUSSION 23PRESENTATION 8: Imperatives for Formation of a National Coalitionon the Extractive Industry 24NEXT STEPS AND ADVOCACY ISSUES DRAWN FROM THE DISCUSSIONS SESSIONS 25CONCLUSION 26ANNEXURE 1: WORKSHOP AGENDA 27ANNEXURE 2: LIST OF PARTICIPANTS 28
  • 3. Publishedby: ZimbabweEnvironmentalLawAssociation(ZELA)Sponsoredby: RevenueWatchInstitute(RWI)Copyright: 2010.ZimbabweEnvironmentalLawAssociation(ZELA)This publication may be reproduced in whole or in part and in any form for educational or non-profit uses, without specialpermission from the copyright holder, provided full acknowledgement of the source is made. No use of this publication maybemadeforresaleorothercommercialpurposeswithoutthepriorwrittenpermissionofZELA.YearofPublication: July2010Available from: Zimbabwe Environmental Law Association (ZELA), No. 6 London Derry Road, Eastlea, Harare, Zimbabwe:Tel: 253381; 252093,Email: zela@mweb.co.zw,Website: www.zela.org1
  • 4. 2AcknowledgementsThe Zimbabwe Environmental Law Association (ZELA) published this report of proceedings of the first civil society dialoguemeeting on transparency and accountability in the extractive sector as a response to the growing demand for information bydifferentstakeholdersonhowgovernmentandminingcompaniescanbecalledtoaccountfortheiroperationsandactionsinthegeneration, management and distribution of wealth from the exploitation of mineral resources in the country. This publicationforms the initial and most basic first step to share and disseminate information on the different strategies that should benurtured, customized and strengthened in Zimbabwe topromote open dialogue and debate on transparency and accountabilityintheextractivesector,particularlyintheminingsectorwhichhasbeenplaguedbyallegationsofcorruption,conflictandviewedas contributed little to national economic development. Particular focus is paid to the Extractive Industries TransparencyInitiative(EITI),anewconceptintheZimbabweandiscourseonmining.To a larger extent this report is a result of the sterling efforts of different individuals and organizations. In particular, ZELA wouldfirstly like to thank all organizations that attended the first civil society dialogue meeting and contributed ideas on how civilsociety can move together to promote transparency and accountability in the mining sector. The dialogue meeting was held onthe 10th of June 2010 in Harare. ZELA would also like to thank Rodger Mpande for ably facilitating the workshop and PriscaMukwengi for capturing the workshop proceedings. Most importantly, ZELA is greatly indebted to the Revenue Watch Institute(RWI)forprovidingthefinancialsupportthatenabledtheorganizationtoholdthedialoguemeetingandtopublishthisreport.Acknowledgements
  • 5. IntroductionThis publication is based on the report of the proceedings of the first Civil Society Dialogue meeting on Transparency andAccountabilityintheExtractiveSectorthatwasorganizedbytheZimbabweEnvironmentalLawAssociation(ZELA).Thedialoguemeeting was held on the 10th of June 2010 at the Crowne Plaza Hotel in Harare, Zimbabwe. A total of 73 participants attendedthe dialogue meeting from diverse backgrounds and in particular from the following civil society sectors; human rights, anti-corruption,environment,tradeandeconomics,mining,landandgender.The main purpose of the dialogue meeting was to create a platform for civil society organizations to openly discuss and adoptstrategies thatcanbe used topromote and advocate for transparency and accountability in the mining sector. The mining sectorin Zimbabwe, particularly diamond mining has been dogged by a myriad of allegations of corruption, mismanagement ofrevenueandpaymentsandviolationsofhumanrights.Further,withtheexceptionofafew,theminingsectorhasneverattractedthe attention of many CSOs. This dearth of collective CSO action on mining issues has created conditions for unabatedcorruption, conflicts and mismanagement of payments and revenue from the mining sector to persist without any alarm beingraised by CSOs. In that context it was imperative that civil society organizations come together to identify areas of possibleengagement, strengthen linkages and share knowledge, skills and information on how government and the mining industry canbe engaged to enhance transparency and accountability in the mining sector and ensure that the country and communities inminingareasgenerateandderiveeconomicbenefitsandwealthfrommineralresources.The dialogue meeting presented an opportunity for civil society organizations to discuss and adopt recommendations on anumber of issues including; how to address the legal, institutional and administrative gaps in the mining sector and theapplicability of different initiatives that can be used to promote transparency and accountability such as the Extractive IndustryTransparency Initiative (EITI), the Global Reporting Initiative (GRI) and the International Financial Reporting Standards (IFRS).The meeting also sought to spur discussions on the need to establish a working group of civil society organizations to monitorandpromotetransparencyintheextractivesectorinZimbabwe.This report therefore summarises the presentations and discussion points and issues that were raised during the dialoguemeeting. A background section has been inserted in this publication which states the problem statement that gave rise to theneedtoorganizethedialoguemeeting.Intermsofthemeetingproceedings,thefirstsessionofthedialoguemeetingwasmeanttodiscuss theproblemsafflictingtheminingsectoraround transparencyand accountabilitywhilethesecondsessionwasaimedatdiscussing the differentinitiatives thatcanbe used topromote transparency and accountability in the mining sector. The thirdsession was meant to generate targeted recommendations and next steps that should be pursued by civil society organizationsto promote transparency and accountability in the mining sector. However, to give the report a theoretical and practical contextsome key issues and views that were raised by participants during the dialogue meeting were recast and refined to make thepublicationmorerelevantandexplainstheissuesinamorerobustway.3Introduction
  • 6. 4Background and contextThe mining sector in Zimbabwe is plagued by allegations of areas. Worse still some mining companies such as thosecorruption, lack of transparency and accountability and involved in diamond mining in Chiadzwa had startedmismanagement. The revenues from minerals resources operations without complying with national laws such as(diamonds, gold, granite and platinum among others) in the Environmental Management Act (Chapter 20:27) whichZimbabwe have so far failed to meaningfully benefit the requires mining companies to carry out Environmentalcountry and in many cases have not been used to Impact Assessments (EIA) before commencing operations.developed communities affected by mining operations. EIAs are a very important planning tool which reveals theHowever, there are a few exceptions to this as some mining potential environmental, economic, social and culturalcompanies have contributed to the infrastructural impacts of operations and possible mitigation measures.development of mining towns, although some of them are This indicates lack of accountability. It is also inconceivablenowbecomingghosttowns. how government allowed the companies to commenceoperations before they had met the requirements of thePublichearingmeetingsheldbytheParliamentaryPortfolio lawsofthiscountry.Committee on Mines and Energy in February 2010 on theoperations of diamond mining companies in the Chiadzwa The other problem in the mining sector is that the selectiondiamond mining area exposed a lot of problems related to of investors has been shrouded in secrecy as tenderrevenue generation and distribution in the mining sector. procedures are sometimes not followed. Mining contractsDuring the public hearings a lot of irregularities were and agreements between government and miningrevealed which clearly show lack of transparency and investors have not been made public to ensure that theaccountability in the management and exploitation of people know the revenue and expenditure streams as wellminerals. The malady permeates the whole mining sector as the obligations of the parties and whether the miningandthediamondminingissuesarejustafractionofabigger concessions are in favour of the country. Further, claims ofrotten apple. Broadly, most government owned and private confidentiality have also affected provision of information.mining companies have not been complying with Restrictive access to information laws and practices byapplicable legislation in terms of mining, exploration, government have exacerbated the opaqueness in themarketing, selling and management of mineral resources. mining sector as access to information and publicWhile some mining agreements provide for payment of participation is limited especially with regard to revenuenatural resources depletion fees to government owned generation, payments and distribution. What has also put acompanies, this fee is not paid directly to government for dark spot on the diamond mining sector in Zimbabwe isthebenefitofthepeopleofZimbabwe. refusal by government to allow the Mines and EnergyParliamentary Portfolio Committee to visit theUntil recently, government owned companies like the Marange/Chiadzwa diamond fields to meet communitiesZimbabwe Mining Development Corporation (ZMDC) and andtheminingcompaniesoperatinginthearea.the Minerals Marketing Corporation of Zimbabwe (MMCZ)had not been declaring dividends togovernment from their The government and in particular the police has beenminingoperationsaroundthecountry.Theroyaltiespaidby stating that the area has been declared a protected areamining companies are very insignificant and have not and no outsider including members of parliament areresulted in any significant and sustainable community and allowed into the area. This situation is a clear illustration ofnational economic development. For example, in 2009 the the lack of transparency and accountability by government.mining sector only contributed a paltry US $4 million in If an institution like Parliament which is supposed toplay anroyalties to government. As a result many communities oversight role is denied entrance, one wonders how otherlocated in mining areas are without essential social services stakeholders like civil society is treated. The country is alsoand people live in abject poverty with poorly equipped struggling to satisfy the Kimberly Process Certificationschools, clinics, poor road networks and limited job Scheme (KPSC) requirements to ensure that the diamondsopportunities despite the fact that mining companies are minedinChiadzwaarecertifiedfortrade.making profits from natural resources extracted in theBackgroundandcontext
  • 7. Given the above situation, there is a clear need to start promoting transparency and accountability in the mining sector. There isan urgent need to promote access to information, open debate and dialogue on natural resources use to ensure that resourcesare used to develop the country and not just to benefit a few people. In that regard, various stakeholders (government, miningcompanies, civil society organizations, parliamentarians, communities and the media) should come together in good faith todiscuss the best measures and initiatives that can be used to enhance transparency and accountability in the mining sector. It isimperative to build national interest amongst stakeholders to push the country to adopt new initiatives that enhancetransparency. Building national interest starts with bridging the information and knowledge gaps that currently exist aboutmeasures to promote transparency and accountability in the country amongst different stakeholders. The above reasonsjustifieswhyZELAfounditworthwhiletoorganizeaworkshopforcivilsocietyorganizationsontheextractivesector.5Background and contextBackgroundandcontext
  • 8. 6Workshop proceedings and resultsTheobjectivesofthedialoguemeetingwerestatedasfollows;?TocreateaplatformforcivilsocietyorganizationstodiscusstheproblemsandopportunitiesintheextractivesectorinZimbabwe,particularlyintheminingsector.?Identifythelegal,institutionalandadministrativegapshinderingaccesstoinformationandpublicparticipationintheminingsector.?Todiscusshowbesttheeconomic,environmental,socialandculturalrightsofcommunitiesinminingareascanbeprotected.?Toactasafoundationforbuildingthecapacityofcivilsocietyorganizations(CSOs)todemandandpromotetransparencyandaccountabilitybygovernmentandminingcompanies.?ToprovideaplatformforCSOstoadoptstrategiesonengagingthegovernmentandminingcompaniestoassesstheapplicabilityofinitiativesthatcanbeimplementedtoenhancetransparencyandaccountabilityintheminingsector.Objectives of the workshopThe following initiatives were to be discussed; the Extractive Industries Transparency Initiative (EITI), the Global ReportingInitiative (GRI), International Financial Reporting Standards (IFRS), Stock Exchange Systems and other initiatives such as theInternationalStandardsOrganisationssystemssuchasISO14000onenvironmentalmanagement.SESSION 1: challenges in mining sectorPRESENTATION 1: MINING SECTOR PERSPECTIVES ON TRANSPARENCY ANDACCOUNTABILITY:CHALLENGESANDOPPORTUNITIESDr Chris Hokonya, the Chief Executive Officer ofthe Zimbabwe Chamber of Mines made apresentation on the perspective of the miningcompanies on transparency and accountability.The presentation was meant to ensure that civilsociety organizations are informed about thechallenges and opportunities facing the miningsector in Zimbabwe. The Chamber of Mines is anumbrella body representing most of the miningcompanies in Zimbabwe. A number of issues wereraised during the session. The presentationemphasizedtheimportanceofbringingtheminingindustry and government to adhere to certainprinciples as far as transparency, accountability,sustainable development and environmentalprotection is concerned. It was noted that miningactivities are destructive of the environment andinthatrespecttheminingsectorhasbeentryingtocomply with the national and global standards,laws and norms on environmental conservationand protection. In addition the Chamber of Mineswelcomes all the initiatives that civil societyorganisations are spearheading in a bid to raiseawareness on the need to inculcate a culture ofresponsibility, transparency and accountability intheminingsector.Dr Chris Hokonya the CEO of the Zimbabwe Chamber of Minesaddressing CSOs on the perspectives of the mining sector on EITIduring the workshopSESSION1:challengesinminingsector
  • 9. SESSION 1: challenges in mining sectorOn the issue of mining payments and revenue, Dr Hokonya concerning the extractive industry and the EITI. Hestatedthatminingcompaniesmakeanumberofpaymentsto proposed that some of the mining royalties shouldgovernment and incur expenditures which in most cases go contribute to the fiscus but in order to adhere to tenets ofunnoticed by the public in the form of unit taxes, licensing corporate social responsibility the communities withinfees, royalties, environmental taxes and social investment which these mining activities are being conducted shouldexpenditure. He pointed out that the Chamber of Mines receive part of the royalties. Dr Hokonya stressed thatwould especially benefit from a culture of transparency. In resources should be made available by mining companiesthat regard he said that it is imperative to let members of the to ensure that at the termination of a mining venturespublic know how all the payments and revenues are communities can still get benefits. He also pointed outmanaged and used by the government. He also underscored that it is imperative that the same royalties shouldthe contribution the mining sector has made in Zimbabwe by contributetominingdevelopment.stating that many towns in Zimbabwe were established withsupport from mining revenue by the mining companies. On environmental protection, Dr Hokonya informedTherefore, the mining industry has contributed to society participants that all mining companies should adoptthrough taxes, royalties and social investment characterised environmental rehabilitation programmes. He indicatedby infrastructural development and contribution to that the mining sector is willing to ensure thatagricultural development through support to irrigation environmental destruction caused by mines is minimal.schemes. He gave the examples of Kwekwe and Bindura More importantly, the mining dumps should bewhichareminingtowns. rehabilitated back to a position where it does not becomea hazard to the environment by way of cleaning up of theDr Hokonya however, lamented that there is a general lack of dumps, preventing soil erosion and deforestation andappreciation of the cost side and profitability of mining in otherenvironmentaldangers.Zimbabwe as people sometimes do not clearly understandwhatisinvolved.Inthatrespecthesaidthatinminingthereis Dr Hokonya also made a fundamental point on the needalways a hazard that what a mine injects into a mining to find ways of ensuring that the artisanal or small scaleventure is not often met by expected profit margins. miners are also responsible and accountable. There are aHowever, he pointed out that stakeholder expectations in lot of artisanal gold and diamond miners in Zimbabwe. Itthis regard could be managed through transparency and was pointed out that of all mining endeavours theaccountability initiatives. On the perceptions of the mining artisanal miner was the most unchecked in terms ofcompanies about the Extractive Industries Transparency accountability and reporting even though they also causeInitiative (EITI), Dr Hokonya reiterated that even though it is great damage to the environment through soil erosionstill not yet clear whether the government will support and and or deforestation.In certain instances there have beenjoin the EITI, the mining sector is willing and desirous to reports of human rights violations within the sector. Heinitiate a voluntary reporting system. He pointed out thatthe also pointed out that the problem with artisanal miners isChamber of Mines is therefore fully behind the idea of the that they do not contribute to the fiscus as they normallycountry joining the EITI. He also stated that the do not pay taxes and royalties. Dr Hokonya informedimplementation of the EITI can help prevent corruption, participants that the Chamber of Mines is looking atpoverty and conflicts in the extractive sector in Zimbabwe. strategiesandwaysofworkingwiththesmallscaleminersHowever, he pointed out that since the initiative is fairly new to ensure that they also adhere to environmentaland evolving there is limited understanding of what principles and are transparent and accountable in theirconstitutes material payments and revenue that should be operations. Dr. Hokonyas discussion on the operations ofmadepublicbyminingcompaniesunderanEITIregime. artisanalorsmallscaleminerswhoaremanyinZimbabweclearly borders on the need for defining the issue ofDuring the presentation he also stressed the need to materiality in terms of which companies and payments orinterrogate the distribution of mining royalties and also revenue under an EITI regime can be treated as materialpointed out that civil society organizations should take forreportinganddisclosure.special interest in this area as they agitate around the issuesWorkshop proceedings and resultsSESSION1:challengesinminingsector7Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 10. SESSION 1: challenges in mining sectorPRESENTATION 2: KEY LEGAL AND ADMINISTRATIVE ISSUES ON ACCESS TO INFORMATIONAND PUBLIC PARTICIPATION IN THE MINING SECTORMr. George Gapu and Mr. Josiah Chinherende who are both lawyers made a joint presentation on the key legal andadministrative issues on access to information and public participation in the mining sector. The presentation revealed thataccess to information is a prerequisite for effective public participation and that access rights provide an opportunity for peopletomakeinformedchoices.It was also noted that the scope of the access to information provisions in the Constitution of Zimbabwe is limited. For example,Section 20 of the Constitution of Zimbabwe envisages a willing giver and willing receiver situation in so far as provision ofinformation is concerned whilst it does not afford an obligation on the giver to do so. There is need for advocacy on theentrenchment of the right to access information in the Constitution since there is a gap. The presentation also touched on themain legal instrument on access to information in Zimbabwe which is the Access to Information and Protection of Privacy Act(AIPPA) (Chapter 10:27).It was pointed out that there are two components to the Act as is suggested by the title. The first part ismeanttoenable the public toaccess information and the second part is meanttolimit access toinformation. It was highlighted,in the presentationthatthe Act also applies topublic bodies. Section 5 of the Act thereof gives; “every person the right of accesstoanyrecordinthecustodyoforunderthecontrolofapublicbodysubjecttotheexclusionsintheFirstScheduleoftheAct’Public bodies are listed in Schedule 2 of the Act to include any government department and any statutory corporation orauthority. This means that the Ministry of Mines as well as the Mining Affairs Board as public bodies are obliged to comply withthe Act with regards to access to information. The provisions of the Act can be utilized to obtain information on writtenapplication on mining rights as well as royalties payable by mining companies. The Act also provides for appeal against thedecision of the public body tothe Administrative Court should the application not succeed atthe first instance. These provisionscan be used by members of the public to access information on revenue and payments made in the mining sector. However, itrequires people who know the existence of such provisions tomake such claims for information. In most casespublic bodies willnotpro-activelyprovidesuchinformationuntilsomeonedemandsaccess.Nevertheless, the presenters noted that the Mines and Mineral Act affords very little in terms of granting access to information.Section 138 however stipulates that: “upon receipt of an application for a mining lease the Mining Commissioner is required topublish a notice in the Gazette giving details of the application, including the particulars of the mining location to which theapplicationrelatesandinvitingthelodgingwithin30daysofobjectionsthereto’In thatregard, Section 143 states thatthe Board should keep a register of all mining leases. The presenters stated thatthe publiccan access this information by invoking provisions of the Access to Information and Protection of Privacy Act. Informationrelating to mining companies environmental impacts and rehabilitation can also be obtained from the EnvironmentalManagementAgency.The pictures shows Mr. George Gapu (left picture) and Mr. Josiah Chinherende making a presentation on the legal andadministrative barriers to access to information and public participation8Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 11. SESSION 1: challenges in mining sectorPRESENTATION 2: KEY LEGAL AND ADMINISTRATIVE ISSUES ON ACCESS TO INFORMATION ANDPUBLIC PARTICIPATION IN THE MINING SECTORThe presenters also discussed the legal aspects of Environmental Impact Assessments (EIA) and its effectiveness as a tool to promotepublic participation and access to information on mining activities. The presenters pointed out that EIAs have a limited application onprovision of information since in most cases the EIA documents submitted by mining companies do not cover information oneconomic aspects of mining activities. For example in most cases EIA reports do not cover information on agreements or miningcontracts entered into by mining companies and government. However, EIAs are useful on public participation as legal provisions onthe environmental impact assessment stipulate that local communities are entitled to be consulted as stakeholders. The consultationshould be on environmental, social and economic aspects of the project but experience has indicated that focus tends to be onenvironmental and social impacts if the consultations are ever done. There have been questions on whether the law should furtherentrench rights of local communities in the environmental impact assessment process as pertaining to the economic impact of theproject. There has not been proper implementation of the environmental impact assessments provisions (EIA) as developers regardthem as just a formality before a licence is issued especially if the companies involved are government owned. In such instances, thelawmaynotbeadequatewithouttherequisitepoliticalbuyin.It was also pointed out that there is no obligation on mining companies to give the public or local communities information on theeconomic aspects of their operations such as mining output, gross income realized or local investment as part of corporate socialresponsibility. This exacerbates a situation where mining companies might renege on some aspects of corporate social responsibilitysince their proceeds from the mining endeavours are never knownbymembers of the community. The presenters also stated thatthegeneral lack of information also affects the mining companies in that it creates a perception by members of the public that all themining companies always amass huge profits, yet the cost of mining in some instances often outweighs the returns on investment.Thereisaschoolofthoughtwhichsaysthatcompaniesshouldbelegallyobligedtoprovideinformationofaneconomicnaturetolocalcommunities.The presenters also pointed out that most people who request for information have to surmount the obstacle of having to pay feeswhich in some cases are prohibitive. They gave the example of the Environmental Management Agency which levies exorbitantcharges for provision of information such as the Environmental Impact Assessment documents compiled by mining companies. Thishinders access to information. In this regard, the question which always begs for an answer is whether government departmentsshould levy a fee as an income generation venture or merely to recover costs for photocopying or costs incidental to the actualprovisionofsuchinformation.Lastly, the presenters also pointed out that the judicial enforcement of the right of access to information and public participation hasbeen frustrated by the delays in the justice system in Zimbabwe as public interest cases on environmental access rights take longer tobeconcluded.In essence the presenters discussion drew a lot of observations from the findings of an assessment on access to information that wasundertaken by ZELA in 2006 – 2007 under The Access Initiative (TAI). One of the key findings was that there is a serious disjuncturebetween the legal provisions and what happens on the ground in terms of the implementation of those legal provisions. The researchrevealed that the government of Zimbabwe has made tremendous progress in terms of legislating for access rights particularly inrelation to environmental access rights. The Environmental Management Act is a key piece of legislation that recognizes everyonesright to environmental information and to participate in environmental decision making. This piece of legislation was put in place as adirect response to the dictates of the 1992 earth summit and in particular the need to domesticate the provisions of the RioDeclaration on Environment and Development. In addition, the Constitution of Zimbabwe and the Access to Information andProtection of Privacy Act (AIPPA): Chapter 10:27 have general legal provisions that emphasize the right of members of the public toinformation. In practice however, access to information has been curtailed by the controls that are placed on the media by the AIPPA,especially if the information relates to what are regarded as sensitive state/government issues. The Act also has many claw backclauses (provisos) that make it extremely difficult to access information that is held by public bodies. Further, in practice, the capacityofboththegovernmentandmembersofthepublictodealwithaccessissuesinthecountryisseriouslycurtailed.Forthegovernment,themajorproblemislackofequipment,infrastructure,moneyandtrainedpersonneltohelpinthedeliveryofaccessrights.Membersof thepublic basicallylacktherequisiteinformationon whattheyaresupposed todo,wheretogoand theprocessesthattheyhavetofollowinordertoaccesstherights.9Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 12. During the discussion session, participants posed a number of questions to Dr Hokonya. Participants wanted to knowwhether the Chamber of Mines encourages its members to provide information as a sign of the Chambers willingness toembrace the EITI and to use it to start a voluntary reporting system. Participants also pointed out that some big miningcompaniestend tostifle provision of information by requiring employees tosign an oathof confidentiality before theystartworking for the mining company. In addition participants wanted to know if the Chamber has some form of charter for itsmembers that sanction the provision of information so that at least the members can somehow use the basic tenets oftransparency and accountability. In response to these questions, Dr Hokonya said that currently there is no charter onprovision of information and stated that adoption of a charter could be a good measure to ensure provision of informationby mining companies and compliance, although laws will be better as they will impose legal obligations. He however, alsosaid that over the years some laws and practices that promoted access to information have been ignored and not used duetotheeconomicandpoliticalproblemsobtaininginthecountry.In addition participants wanted to know what impact the governments indigenization and economic empowerment driveto give indigenous Zimbabwean a 51% share in all companies has on the mining industry. The question was asked becausethe government has passed legislation to compel all foreign owned companies to give 51% of their shareholding to locals.Additionally, participants also wanted to know whether Chinese mining companies that are operating in the country arealsomembersoftheChamberofMinessincetheyarealsoinvestorsandseemnottobeinterestedinissuesoftransparencyand accountability. In response Dr Hokonya reiterated that the indigenization drive should be harnessed by stakeholders inthe industry to include the aspect of corporate social responsibility rather than focusing on shareholding only. This meansrequiring mining companies to invest in local communities. In that respect, he informed participants that the Chamber ofMines has put together a proposal and tabled it before the government on indigenization vis-à-vis the mining industry andthe response is yet to be known. On the issue of investors and the Chinese involvement in the mining sector Dr. Hokonyapointed out that it is absolutely dependent on the standards and requirements for investors set by the country. The form offoreign investment that we ultimately end up with is what we will have allowed through the standards and benchmarks ofexpectationswesetasanation.Other participants enquired about the Chamber of Mines plans on the existence of ghost towns which are former miningtowns where mining activities have been terminated and where former employees are reeling in poverty. In that regard,participants wanted to know what measures that Chamber of Mines can take to sustain the livelihoods of miningcommunities beyond the mining venture. Dr Hokonya indicated that the Chamber recommends the generation and settingaside of resources during the mines life which the community will utilize to sustain itself at the end of mining activities.However,healsostressedthateverycompanyhasapolicythatcatersforitspersonnelandthecommunitybutthereisneedforabroaderrecognitionofthefactofaneventualityofendingofamineslifecycle.Headvocatedforthedevelopmentofanational framework which mining companies can subscribe to in terms of community responsibility after the closure of themine. Dr Hokonya also propounded that it is of fundamental importance that regard be had to environmental concernsafter the mining activities have ceased which encompass the cleaning up of environment and ensuring that there are notoxic dumps left at the mining site, safeguarding against soil erosion and adoption of other environmental remedialmeasures.FIRST DISCUSSION SESSION10Workshop proceedings and resultsSESSION1:challengesinminingsectorSESSION 1: challenges in mining sector
  • 13. SESSION 1: challenges in mining sectorPRESENTATION 3: CHALLENGES AND BUILDING BLOCKS IN FIGHTING FOR TRANSPARENCYAND ACCOUNTABILITY IN ZIMBABWEMr. John Maketo from Transparency International He also pointed out that the country requires a calibre ofZimbabwe (TIZ), an organization that advocates for the people with resilience, strength and determination who arepromotion of transparency and accountability, presented a willing and valiant enough to fight corruption. Civil societypaper on the challenges faced by civil society organizations organizations and people fighting the anti corruption andinfightingfortransparencyandaccountabilityinZimbabwe. transparency battle should have the boldness to continueMr. Maketo defined the conceptual background and with the campaign despite setbacks and infliction of painrationaleforpromotingtransparencyandaccountability.He andmiseryfromoffenders.stated that accountability is a concept in ethics andgovernancewithmanyfacets.Itisoftenusedsynonymously In addition, he stated that in order to enforce antiwithsuchconceptsasanswerabilityandresponsibility. corruption laws, there is need for an independent, skilled,effective and corruption free judiciary. It is imperative thatMr. Maketo indicated thatthere is a culture of secrecy in the the members of the judiciary be able to grant judgmentsissuing of natural resources exploitation contracts and withoutfearorduressfromanyquarterofthesociety.claims and selection of investors by government inZimbabwe. The mining concessions and contracts that are He also encouraged civil society organizations to embark onsigned by government are not made public. This sheds public education campaigns to conscientise the public ondarkness on the revenue generated and the use of revenue the right of access to information in the extractive andthereof. Some contracts signed by government with foreign natural resources sector since this is where there is a lot ofcompanies benefit the foreign investors more than they corruption. Another requirement for fighting corruptioncontribute to the fiscus in terms of profits and revenue and promoting transparency and accountability is a fearlessdistribution. Mr. Maketo stated that the Extractive and independent media with investigative skills. The mediaIndustries Transparency Initiative (EITI) and the Publish should also be objective in its search and publication ofWhat you Pay campaign will go a long way in terms of findings.providing vital information especially on the economicaspects of mining activities in Zimbabwe and these are Mr. Maketo also said that legislation that buttress the non-initiatives that Transparency International is engaged in at provision of information such as sections of the Access tothegloballevel. Information and Protection of Privacy Act and the OfficialSecrets Act should be repealed whilst promotingMr. Maketo pointed out that one of the building blocks for regulationsandlawsthatwillensurerecognitionoftherightall anti corruption initiatives is political will which envisages ofaccesstoinformation.Further,Mr.Maketolamentedthata situation where there is actual endorsement and the mindset and or beliefs that corruption is inevitableimplementation of policy positions. He opined that should be dealt with in the extractive industry as well as theZimbabwe has acceded to many international and regional citizenry. If civil society forms a critical mass and lobby forconventions and protocols that seek to enhance transparency and accountability, issues of reprisals in anti-accountability and good governance. However, these have corruption campaigns will be minimized. He further saidnot been incorporated or domesticated into national law. that the anti- corruption drive should not be selectivelyHe also stated that in Zimbabwe without the harnessing of applied but should be standardized with the same lawsadequate law enforcement tools, transparency and applied to everyone without fear or favour. He pointed outaccountability will be difficult to enforce in different sectors that corruption should be tackled from the politicalof the economy. In that respect there is need for financial leadershipfirstinasmuchasitappliestominingcompanies.andphysicalresourcestobuttresstheinitiative. Lastly, he stated that the absence of whistle blowers for fearof reprisals and whistle blower legislation is crippling allIn his presentation, he stated that there should be human efforts to promote transparency and accountability in theresources skilled in investigations, prosecutions, naturalresourcessector.accountancy, public education and corruption prevention.11Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 14. SESSION 1: challenges in mining sectorPRESENTATION 4: PROTECTING THE ENVIRONMENTAL, ECONOMIC, SOCIAL AND CULTURALRIGHTS OF COMMUNITIES IN MINING AREASMutuso Dhliwayo, the Director of the Zimbabwe Zimbabweans, although these have not yet beenEnvironmental Law Association made a presentation on the operationalised as they have stirred controversy. Miningenvironmental, economic, social and cultural rights of communities who are directly affected by miningcommunities living adjacent to mining areas. His activities should also be considered in the economicpresentation was meant to highlight the moral and legal empowerment and indigenisation drive instead ofjustifications for community benefits and to expose the benefiting elites only. Further, the Environmentalchallenges and problems encountered in promoting and Management Act (Chapter 20:27) in section 4 states thatitprotecting these rights and the recommendations thereof. is the right of everyone to participate in justifiableThe presentation was also meant to illustrate that economic development and this provision also includestransparency and accountability in the extractive sector the mining sector. The Environmental Management Actshould be promoted so that the communities affected by also includes communities among the beneficiaries ofmining operations and the nation as a whole benefit from economic development. He also pointed out that theretherevenueandpaymentsgeneratedinthesector. are proposed amendments to the Mines and Minerals Actwhich cater for the indigenisation and economicMoralJustificationforExpectationofBenefits empowerment of indigenous Zimbabweans in the miningMutuso Dhliwayo defended the moral justification of sector and this should include communities. The Nationalcommunities to derive benefits from mining activities by Environmental Policy and Strategies 2009 alsostating that mining activities invariably have a profound contemplate the need for communities to benefit fromeffect on peoples lives and therefore should also contribute mining activities in terms of Guiding Principle 31 onto poverty alleviation. The impact of mining activities on Mining.people can be positive or negative. Mining causesenvironmental damage in the form of siltation of rivers, Dhliwayo also stated that mining companies are requireddeforestation, disturbance of ecosystems, degradation of by the law to pay a royalty on all minerals extracted inthe quality of the land and depletion of valuable agricultural Zimbabwe and Section 245 of the Mines and Minerals Actland. In some cases mining activities cause water and air provides a mechanism of calculating the royalty. However,pollution. He gave the example of diamond mining activities the revenue received by the government as royalties goesinChiadzwawherepollutionofOdziRiverhasbeenreported to central government and forms part of the Consolidatedto have affected peoples access to clean water. In cases Revenue Fund. This entails that the funds are used inwhere mineral deposits are discovered poor communities accordance with the National Budget that is developed bymay be evicted and relocated and this upsets the the Ministry of Finance and no percentage of thesecommunities natural source of wealth and power. Mining royaltiesarechannelledbacktothecommunityintheareaalso affects communities culture and dignity. Dhliwayo where the mineral would have been extracted. In theindicated that these effects on peoples lives justifies why same breadth the Minster of Finance is under nocommunitiesshould derive some economic,environmental, obligation to give consideration to the origins of thesocialandculturalbenefitsfromminingactivities. money. Hence the communitymiss out on benefitingfromthe proceeds of minerals revenue that are mined withinLegalJustificationforExpectationofBenefit their area. In situations where mining companies areMutuso Dhliwayo also discussed the legal framework that paying some taxes to local authorities or localcan be used to promote community benefits from mining. government, the money is not often used for communityHe stated that the Indigenisation and Economic projects but to meet the operational costs of the localEmpowerment Act stipulates that 51% of the majority of government.business concern in Zimbabwe should be owned by12Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 15. SESSION 1: challenges in mining sectorPRESENTATION 4: PROTECTING THE ENVIRONMENTAL, ECONOMIC, SOCIAL AND CULTURALRIGHTS OF COMMUNITIES IN MINING AREASMutuso Dhliwayo the Director of ZELAmade a presentation on howcommunity rights can be protected.Dhliwayo also talked about the weaknesses of the current Constitution of Zimbabwe in terms of protecting and promotingcommunity rights. He said that the constitution does not explicitly guarantee environmental, economic, social and cultural rightsandthisaffectstherealizationoftherightsofminingcommunities.In practice, mining activities have only benefited a few people and community members who are luck to be employed by themining companies. There is no real commitment to the tenets of corporate social responsibility within the mining sector. Whilstsome companies have endeavoured to recognize the need to plough back in to the community, they have only gone in so far asgiving out pittances such as food handouts and other less valuable gifts like donating fuel. He also noted that there are miningcompanies that have taken up corporate social responsibility activities and ploughed back to communities. He gave the exampleof Rio Tinto in Zimbabwe which managed to compensate communities who were affected by its diamond mining activities inMurowaDiamondMine.ItshouldhereunderbenotedthatthediscussiononcorporatesocialresponsibilityasraisedbyDhliwayoalso underpins ongoing discussions within the ambit of the Extractive Industries Transparency Initiative (EITI) on materialpayments. The question is whether these social gifts can also not be treated as payments that should be disclosed for example inanEITIReport.In conclusion, Dhliwayo made a number of recommendations. He firstly recommended that in order to ensure that communitiesbenefitfromnaturalresourcessuch asmineralstheconstitutionof Zimbabweshould guaranteeenvironmental,economic,socialand cultural rights and this should be coupledbythe adoptionof measures toimplement these rights bythe government. He alsorecommended that there is need for Zimbabwe to use the Community Management Programme for Indigenous Resources(CAMPFIRE)modelintheminingsector.13Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 16. SESSION 1: challenges in mining sectorThe CAMPFIRE model advocates for community participation in the management of wildlife resources and ensure thatcommunities living in areas with wildlife manage wildlife and derive economic benefits. Dhliwayo also pointed out that theMines and Mineral Act should be amended to ensure that a certain percentage of mining royalties is paid directly to theaffected communities for the upliftment of their lives. He further stated that indigenisation and economic empowerment inthe mining sector should include local communities and not restricted to the elite only. In that regard he gave the example ofthe Royal Bafokeng community in Rustenburg in South Africa where compulsory beneficial and meaningful social obligation incommunities by mining companies resulted in the development of the community. In this model corporate socialresponsibility was made a strict legal requirement. He also recommendedthatCorporate Social Responsibility (CRS) should bemadeastrictlegalrequirementtoensurethatallminingcompaniesploughbacktocommunities.In conclusion he stated that there should be an establishment of environmental rehabilitation funds and a comprehensiverehabilitation programme by mining companies as well as fair and equitable compensation for communities affected byminingactivities.SECOND DISCUSSION SESSIONDuring the second discussion session a number of continue calling for transparency and accountability in thequestions and comments were made byparticipants.Some sector.participants also submitted written submissions andcomments. For example in one written submission it was During the discussion session other participants voicednoted thatthe environmentin Zimbabwe is difficult for civil concerns over the proposed displacement of communitiessociety organizations to lobby for transparency and like those in Chiadzwa who will be relocated to make wayaccountability without being perceived as opposed to for diamond mining activities. Participants wanted togovernment activities by politicians who are benefiting know what mechanisms should be put in place to protectfrom the exploitation of natural resources. In addition, the rights of such communities. In response Mr. Shamisoparticipants also felt that despite the challenges pointed Mtisiof ZimbabweEnvironmentLawAssociation reiteratedout by Mr. John Maketo from Transparency International that in many cases relocation of communities takes placeZimbabwe, civil society organizations should actually even if the communities do not want to be relocated. Incontinue and persevere to promote and advocate for thatcasehe informed participantsthatwhatis importantistransparency and accountability in the natural resources to ensure that the government and mining companiessector despite the threats from government and some followacceptablepracticesandstandardssuchasprovisionpoliticians. In that regard, it should be pointed out that of adequate and prompt compensation, giving adequatealready civil society organizations seeking to promote the notice and provision of adequate facilities such as shelterrespect of human rights in the mining sector, particularly and other social services to the affected people. He alsodiamond mining is under threat as the Director of the noted the importance of consultation and provision ofCentre for Research and Development (CRD) which has information to the affected people by the government andbeen profiling human rights abuses in the Chiadzwa miningcompanies.diamond mining area was arrested and charged withcommunicating false information that is prejudicial to theeconomic interests of the state. Such actions by the statethreaten the operations of civil society organizations,although there is a resolve within civil society circles to14Workshop proceedings and resultsSESSION1:challengesinminingsector
  • 17. SECOND DISCUSSION SESSIONHe stated that the major problem that always hinders provision of adequate compensation to rural communities is that theland does not belong to them, but to government. In terms of strategies, he indicated that to protect the rights ofcommunitiesvariousmeasurescanbeadoptedbyCSOsincludingpublicinterestlitigation,lobbyingdecisionmakerssuchasparliamentariansandtheresponsiblegovernmentdepartment.Healsoindicatedthatthereisneedforthecommunitytobeeducatedontheirrightssothattheycandemandandclaimthem.In the same vein, Mutuso Dhliwayo opined that in situations where local communities are relocated, they should not be leftin a worse off position. Many participants agreed that communities relocated due to mining operations suffer loss of socialincome, cultural amenities and agricultural land among other livelihood aspects and that compensation should becalculated toredress whatone has lost. It was also pointed out during the discussion session thatmining companiesshouldcarryout comprehensiveenvironmentalimpactassessmentsas thesecanindicatetothe company howitshould respond toissuesofrelocation.TheEIAisatoolthatcanbeusedtoeliminatesomeoftheproblemsbeingfacedintheminingsector.Participants also recognized that sometimes government lack the technical capacity to monitor and police the activities ofbig mining companies activities and trace economic and financial aspects. It was suggested that there is need to come upwithanewsystemtoensurethatgovernmentcapacityisenhancedinthatregard.15Workshop proceedings and resultsSESSION1:challengesinminingsectorSESSION 1: challenges in mining sector
  • 18. tools and initiatives to promotetransparency and accountability in theextractive sectorPRESENTATION 5: EXTRACTIVE INDUSTRIES TRANSPARENCY INITIATIVE (EITI) AND PUBLISHWHAT YOU PAY (PWYP) CAMPAIGNSESSION 2:Shamiso Mtisi an Environmental Lawyer at ZELA made a presentation that was aimed at introducing the Extractive IndustriesTransparency Initiative (EITI) and the Publish What You Pay (PWYP) campaign to civil society organizations in Zimbabwe. Thepresentation was meant to act as a way of generating interest amongst CSOs about the EITI as well as the Publish What You Paycampaign by pointing out its principles, criteria and its benefits. Mtisi outlined the problems affecting the mining sector inZimbabwethatjustifywhythecountryshouldjointheEITIandwhycivilsocietyshouldjointhePublishWhatYouPaycampaign.Thepresentationexposedsomeoftheproblemsdoggingtheminingindustrysuchaslimitedtransparencyandaccountabilityinthe mining sector in that royalties, taxes, contracts and other payments, revenue and expenditure are not made public. He alsostated that in some cases government owned companies have not been paying dividends to government and there is a lot ofsecrecy in the way they operate. There is very limited stakeholder engagement in the mining sector as civil societyorganizations, government, companies, business associations, communities have not been involved in any meaningfuldiscussions on the need to promote transparency and accountability in the sector. For example the government does not allowCSOs and legislators to visit the diamond mining area in Chiadzwa and this paints a dark picture on what is happening in thearea. Mtisi stated thatthe country has not been deriving enough benefitsand incomefrom the more than 40 minerals mined inZimbabwesuchasplatinum,diamonds,blackgranite,gold,coal,tinandcopperamongothers.Shamiso Mtisi of ZELA making a presentation on EITI and the PWYPTalking about the Extractive IndustriesTransparency Initiative (EITI), Mtisiindicated that the EITI started as acampaign by civil society organizationsfor publication of payments made togovernment by companies. This wasmeant to eliminate corruption,conflicts and poverty otherwise termedresource curse by increasing revenueand payments from mining, oil and gasresources. He informed participantsthat the EITI was launched in 2002 andis a voluntary standard that can bejoined by governments and mining, gasandoilcompanies.16Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 19. tools and initiatives to promotetransparency and accountability in theextractive sectorSESSION 2:He stated the EITI Principles espouse the following; prudentuse of wealth from resources for economic growth andpoverty reduction, recognition of the sovereign duty ofgovernments to use wealth for benefit of citizens andnationaldevelopmentandtheneedforpublicunderstandingof government revenue and expenditure, public financialaccountability and management by government and miningcompanies, respect of contracts and laws and the fact thatfinancial transparency attracts domestic and foreign directinvestment. Further, he also pointed out that the EITIrecognizestheaccountabilityofgovernmenttoallcitizensforthe stewardship of revenue streams and public expenditureand consistent disclosure of payments and revenues bygovernment and gas, oil and mining companies. In order topromote transparency there should be participation ofstakeholders who are the government, mining companies,multilateral organizations, financial organizations, investorsandnon-governmentalorganizations.by secrecy and conflicts. It can ensure that resource revenueis used for economic benefit and poverty reduction and canpromote access to information and public participation inthe extractive sector. Given the current problems faced dueto lack of commitment to corporate social responsibility EITIwill be a welcome tool for the promotion of corporate socialresponsibility. He also stated that the EITI upholds theconcept of sovereignty over resources and their use foreconomic development which has been at the top agenda ofthegovernmentoverthepastyears.Mtisi also informed participants that although the EITI is animportant tool to promote transparency and accountabilityinZimbabwethereareanumberofchallengesthatshouldbeovercome. Firstly, he stated that there is potential resistanceby government especially instigated by people in power whoalso control the local mines as they will view it as a threat totheir wealth and status and political survival. However, herecommended that there is need to ensure consistentHe also pointed out the criteria for all countries that wish to lobbying and identify champions in government to workimplement EITI. Countries should commit themselves to with. He also indicated that the other weakness is that theimplement the following requirements; regular publication current economic situation may make it difficult for theof all material mining payments made by companies to government to commit resources to fund thegovernment and all revenue received by government from implementation since there are limited financial resourcescompanies to a wide audience in a publicly accessible and unless if financial institutions provide resources. Mtisicomprehensive manner, subject such payments and further informed participants that at the moment there isrevenues to a credible and independent audit, subject limited capacity in Zimbabwe amongst CSOs, governmentpayments to reconciliation by an independent administrator and industry to work on EITI as it is a new concept to manyand publication of administrators opinion, subject all people.Therefore,thereisneedtocarryout furtherresearchcompaniesincludingstate-ownedtothesameapproach,civil and embark on exchange visits with other countries that aresociety participation in design, monitoring, evaluation and already implementing the initiative and see how it is beingdebate and development of a workplan that is financially implemented.sustainable.Mtisi concluded his presentation on EITI by posing theHe pointed out that once a country has decided to join the question whether the EITI should be adopted forEITI it will be subjected to a validation to assess if it complies implementation in Zimbabwe and how best it should bewith the requirement or criteria. He pointed out that many introduced. He also indicated that the ZimbabwecountriesinAfricaarejoiningEITI. Environmental Law Association is not prescribing itsadoption but raising awareness on the existence of theMtisi also pointed out the potential benefits of EITI to initiative as a potential tool to promote transparency andZimbabwe. He stated that it can help the country to attract accountability and eliminate corruption, secrecy andforeign direct investment, promote transparency and poverty.accountability in the mining sector which has been plagued17Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 20. tools and initiatives to promotetransparency and accountability in theextractive sectorSESSION 2:PublishWhatYouPayCampaign(PWYP)Mtisi also talked about the Publish What You Pay campaign which is a global coalition of civil society organizations that seek tohold resource rich governments accountable for the management of revenues from oil, gas and mining industries. The PWYPcampaign was launched in 2002 and works with civil society organizations in 70 countries. It advocates and campaigns formandatory disclosure of company payments and government revenues and also calls for disclosure of licensing arrangementsand contracts. The coalition stresses that companies should publish what they pay and governments should “publish whatthey earn”. Mtisi indicated that it is vital for civil society organizations to join the Publish What You Pay campaign and promotetransparency and accountability in the mining sector in Zimbabwe. The advantage is that CSOs will be able to shareinformation and exchange skills with other likeminded organizations around the world on how to bring government toaccount.18Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 21. tools and initiatives to promotetransparency and accountability in theextractive sectorPRESENTATION 6: ALTERNATIVE BUSINESS SECTOR MODELS TO PROMOTE TRANSPARENCYAND ACCOUNTABILITY IN THE EXTRACTIVE SECTORSESSION 2:Mr. Rodney Ndamba a Chartered Accountant and environmentalist from the Centre for Environmental Accountability (CENAC)made a presentation on the alternative business sector models that can be used to promote transparency and accountability inthe mining industry. His presentation was mainly aimed at discussing the merits and elements of initiatives such as the GlobalReporting Initiative (GRI), Stock Exchange Systems, International Financial Reporting Standards (IFRS) and the InternationalStandardsOrganisation(ISO)systemssuchasISO1400certificationsysteminpromotingtransparencyandaccountability.Mr Ndamba pointed out that the world over mining industries and governments have to implement transparency andaccountability measures for purposes of sustainable development. The developing world however has lagged behind in termsof recognition and implementation of the reporting regulations and standards. He identified four stages in environmentalaccounting which are; the accounting stage based on accounting standards, reporting stage which involves sustainabilityreporting frameworks, auditing stage which relates to auditing standards and the regulatory stage which relates to sector andfinancialmarketsrequirements.On the accounting stage which includes International Financial Reporting Standards (IFRS), Mr Ndamba pointed out that thereare various instruments available as guidelines for financial reporting such as the IFRS6 which provides for the exploration forand evaluation of mineral resources. There is also the International Auditing Standards 37 (IAS), the provisions of which are onContingent liabilities and Assets and the IAS 8 on Accounting policies, changes in accounting estimates and errors. IAS 16 is onProperty, plant and equipment, Capitalization of dismantling and environmental restoration costs in assets. IAS 18 regulates onrevenue, sales of waste material in disposal processes. IAS 36 is on the impairment of assets and new technology that reducesenvironmental damage. IFRIC 1 is on changes in existing decommissioning, restoration and similar liabilities and highlightschanges in measurement or estimates of existing costs. IFRIC 5, stresses on the rights to interest arising from decommission,restoration and environmental rehabilitation funds; where rehabilitation funds is set for contribution. This could be based onindustrialsector.On the reporting stage and sustainability reporting frameworks, Mr Rodger Ndamba propounded that the regulation forreporting is the Global Reporting Initiative (GRI)s 3G which stresses on economic, environmental, social, labour practice,human rights, society and product responsibility. The IFAC Sustainability Framework zeroes in on the economic viability, socialresponsibility and environmental responsibility of companies. There is also the Integrated or Connected Reporting System(Prince Charles Project) which focuses mainly on business strategy and sustainability, Key Performance Indicators (KPI) andaction taken and overally the Connected Performance report. There are also the AA1000 Accountability Principles which hingeoninclusivity,materialityandresponsiveness–towardsanorganizationsperformance.At the auditing Stage, Mr Ndamba talked about the International Standards of Auditing (ISA). He said that on the auditing stagethereisISA1010whichcatersfortheconsiderationofenvironmentalmattersintheauditoffinancialstatements.Further,thereisISA620 whichstressestheuseoftheworkofanauditorsexpert.ISA250isontheconsiderationoflawsandregulationsintheauditoffinancialstatementsandISA540whichfocusesontheauditingaccountingestimates.As far as the regulatory stage is concerned, Mr. Ndamba informed participants that there are mining industry regulations andrequirements. For example ISO14001 Certification are important while statutory provisions in the Environmental ManagementActarealsoimportantforminingcompaniestocomplywithintheirenvironmentalmanagementprogrammes.On financial markets requirements as a way of promoting transparency and accountability, Ndamba stated that the ZimbabweStock Exchange (ZSE) does not stipulate strong obligations on companies on reporting or corporate social responsibility.However, in the South African jurisdiction, the Johannesburg Stock Exchange (JSE) stresses on mining companies fulfillingexpected corporate social responsibility expectations. The King George 111 Code of Corporate Governance makes reference toGlobalReportingInitiative(GRI)-3GCompliance.19Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 22. tools and initiatives to promotetransparency and accountability in theextractive sectorPRESENTATION 7: USE OF MODERN COMMUNICATION TECHNOLOGIES AND THE MEDIA TOPROMOTE TRANSPARENCY AND ACCOUNTABILITY IN THE EXTRACTIVE SECTORSESSION 2:Ms. Zvikomborero Zimunya from the National Association of Non-Governmental Organisations (NANGO) made a presentationon the use of modern communicationtechnologies and the media topromote transparency and accountability in the extractivesector. The presentation sought to highlight the importance of media and communication tools for accountability andtransparency.She defined accountability as the processes through which an organization makes a commitment to respond to and balance theneedsofstakeholdersinitsdecision-makingprocessesand activities,and deliversagainstthiscommitment.Shealsostatedthataccountabilityisaboutholdingpeopletoaccountfortheirimpactonthelivesofotherpeopleandtheplanet.Thoseimpactedonhave the right to be heard and to have their views taken into account whilst those with power have the obligation to listen andrespond. She pointed out that transparency also relates to the provision of accessible and timely information to stakeholders toensurethatpeoplemakeinformeddecisions.Itistheopeningupoforganizationalprocedures,structuresandprocessestotheirassessment. Without access to public information and transparent practices from the private and public sectors, civil societylacks objective input to monitor aspects such as effectiveness, spending, and public procurement. Access to information isparticularlyrelevantasitdiscouragestheflourishingofcorruption.Zvikomborero noted that transparency and accountability hinges on access to and dissemination of information, and there aresome issues to consider such as who the players involved are i.e. stakeholders, who is the target group, the kind of messagewhichoneintendstodisseminateandthesortofactiononeisintendingtotriggerfromthemessages.Zvikomborero set the current scenario on the use of information and communications technologies (ICTs). She indicated thatICTs including the internet are generating changes in markets and economies in the more and less developed world. She statedthatthe ICT revolution is rolling out much faster in developed countries.However the majority of people in the world are not yetincludedintheInformationEconomy.ThepowerofICTisyettodiffuseinitsfullnesstotherestoftheworld,particularlyAfrica.She pointed out that in terms of internet users demographics, Zimbabwe has only 1.7% of all internet users in Africa. Withregards to utilizing ICT for accountability and transparency, Zimbabwe is challenged to be as innovative and as creative aspossible in the quest for target group-friendly technology. Whatever advocacy and communication tools to be used by CSOs tospread the message on transparency and accountability it has to take into account the high technological barriers in Zimbabwe.She also talked about the importance of traditional media such as television, radio, newspapers, billboards etc whilst moderntoolsaretheinternetandwebsites.Zvikomborero Zimunya fromNANGO made a presentation onthe use of ICTs to promotetransparency and accountability.20Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 23. tools and initiatives to promotetransparency and accountability in theextractive sectorSESSION 2:These media are used to network with other organizations for example joint project with other civil society organizations tomonitor and track media reporting, conflict flashes, legislative changes, budgetary allocations on mining issues. She talkedabout the Free and Open Source Software (FOSS) available online to support information dissemination, electronic newslettersandmailinglistssuchasoneoftheAfricanDemocracyandtheGooglegroupsmailinglistwhichcanbeusedasdiscussionforums.Further, for purposes of aiding transparency and accountability the Facebook groups can be used and gave the example ofGreenPeace. These platforms are highly effective in rallying citizens around a cause or campaign. Online sites can be used topublish studies and reports while other sites such as YouTube can be used to load video clips that can be used to direct attentionof people on issues of transparency and accountability. Zvikomborero also informed participants about the QuestionBox whichis a mobile phone-based tool developed with support from the Grameen Foundation that allows Ugandans to call or messageoperatorswhohaveaccesstoadatabasefullofinformationonhealth,agricultureandeducation.Zvikomborero further informed participants about other tools being used in other countries to promote transparency andaccountability and called them “other tools with a twist. These included the Ushahidi (Testimony) an online campaigndeveloped by Kenyans to draw local and global attention to the escalating post election violence. Ushahidi had documented indetail hundreds of incidents of violence that would have otherwise gone unreported. The innovation has now become aplatform that allows Kenyans to report any event or incident (not just a crisis) via the Internet, mobile phone or Twitter. Theevent is then plotted on a map, allowing users to identify the exact location of the event or incident. Besides Ushahidi,Zvikomborero also talked about the SMS Hub which allows a person to send and receive large numbers of text messages via themobile phone network, without needing tobe connected tothe internetor toany other computer network. One needs a laptopor desktop computer with a number of mobile phones or GSM modems attached. It works like a mobile phone, but is controlledthrough the computer. Because SMS hubs do not need to be connected to the internet, they are very useful for non-governmentalorganisationsworkinginareaswhereaccesstotheinternetisnotpossibleorisunreliable.One innovative internet site in Zimbabwe that is using technologies for promoting transparency and accountability is Kubatana.InZimbabweKubatanausestheInternet,email,SMS,blogstodisseminateinformationtothegeneralpublic.Thewebsitehasanonline library of reports together with a directory listing over 240 non- governmental organisations making Kubatana a valuableresource for information on Zimbabwe. Kubatana has developed Freedom Fone where individuals can contribute questions,content and feedback by leaving voice messages via the IVR interface. Freedom Fone can be operated as a collective, withdifferent groups managing different channels (IVR menu options) of information from the same installation. Freedom Fone canwork easily and happily with mobiles and landlines. Freedom Fone can be used as an information dissemination tool for theextractive sector. She also informed participants that FOSS is also available online. Examples of websites include:www.tacticaltech.org, www.mobile.tacticaltech.org, www.ushahidi.com, www.sahana.com, www.freedomfone.org andwww.transparency.globalvoicesonline.orgIn conclusion, Zvikomborero Zimunya pointed out that the media has to be friendly to the target group in order to be effective.There is a technology deficit in Zimbabwe and this should be remembered in our strategic planning sessions. Technology doesnot need to be complicated or expensive. Technology is available online, and quite often its free and should be used by CSOs topromotetransparencyandaccountabilityintheextractivesector,especiallymining.21Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 24. tools and initiatives to promotetransparency and accountability in theextractive sectorPRESENTATION 8: IMPERATIVES FOR FORMATION OF A NATIONAL COALITION ON THEEXTRACTIVE INDUSTRYSESSION 2:Mr. Gilbert Makore the Projects Coordinator at the Zimbabwe Environmental Law Association made a presentation on the needfor civil society organizations to work together as a coalition to promote transparency and accountability in the country. Hepointed out thata coalitionof CSOs canhelp toleveragethe workbeing done by differentorganizationsand therefore it is vital towork as a collective entity. He pointed out that the critical mass deflects criticism and accusations of personal and organisationalagenda.Acoalitioncanalsoensurethatharnessingandpoolingtogetherofskillsandexpertise.HeemphasisedtheneedforCSOsfrom different sectors such as human rights, environment, mining, poverty reduction and anti corruption to work together.Further,besidesthenationalcoalitionthereisneedforCSOsinZimbabwetoestablishlinkswithnorthernNGOsandinternationalor regional networks such as the Publish What You Pay campaign, the International Alliance on Natural Resources in Africa(IANRA) and the African Initiative on Mining, Environment and Society (AIMES). Makore also stated that generating interestaround the EITI requires civil society organisationstoworktogether. There is need for CSOs tomove beyond ad hoc mobilisationsandtowardsthebridgingofnarrowinterestsandforwardingofbroadergoals.PLENARY DISCUSSIONOne of the key questions during the plenary was on why the Responsibility is developing a formula aimed at incentivizingExtractive Industries Transparency Initiative (EITI) has only the mining companies to report on their environmentalbeen joined by developing countries and no developed accounts. In the same vein, Shamiso Mtisi indicated that thecountry. This question was based on the list which was fact that a company and government actively providescirculated during a presentation by Shamiso Mtisi which information and disclose information can trigger moreshowed EITI compliant countries and EITI Candidate investment in the country and can also enhance the chancescountries, most of which are developing countries. Mr. Mtisi of the companies attracting more customers. However, in thisresponded by saying that it is a fact that most of the countries respect one critical issue that should be considered bythat have so far signed up and have started to implement EITI advocates for EITI is the need to create comprehensive andprinciples are developing countries. However, he pointed out tangible financial or market incentives that can attract thethat there are campaigns by CSOs to ensure that developed attentionofgovernmentstojointheEITI.countries do not only support EITI financially or technically,but also join the EITI. He pointed out that western During the plenary session other participants wanted to knowgovernments such as Germany, Canada and Norway have what mechanisms can be adopted to ensure that informationalready signed up to the EITI and they are supporting the thatis shared on the internetand through the various moderninitiative financially. Big corporations such as BP, Exxon and information technologies about transparency andmany others have joined the EITI. The initiative received the accountability is correct and credible. To this question,support of the G8 at the Gleneagles summit. The World Bank Zvikomborero said that it is important for CSOs to verifyand IMF have also endorsed the EITI. In Africa, the African information with the sources before disseminating orDevelopment Bank (AfDB) has also endorsed it. To a larger publishing.Shealsostatedthatinsomecasesitisimportanttoextent this issue should be of concern to all advocates for EITI visit the area or people who are the sources of suchas some government, such as the Zimbabwean government information if it is practical. Other participants also wanted tomay not be interested in joining an initiative that they may know what strategies are being used by the Nationalperceiveastailor-madefordevelopingcountriesonly. Association of Non-Governmental Organisations (NANGO) tobuild the capacity of its member organizations to use theAnother question that was raised during the plenary was on different information communication tools identified in thewhat incentives are in place to entice mining companies to presentation. In response, Zvikomborero informedvoluntarily report on economic benefits, payments, revenue participants that NANGO is working on firstly improving itselfand profits or environmental issues. Rodney Ndamba in terms of information and communications technologyresponded tothe question and stated thatthe organizationhe beforetheycanimprovetherestofcivilsociety.is working for called the Centre for Environmental22Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 25. PLENARY DISCUSSIONParticipants also encouraged NANGO to ensure that it proactively disseminates all information it has on use of communicationtechnologiestomemberorganizations.Other participants wanted to know whether the alternative business models emphasize the issue of sustainable developmentand how present and future generations will benefit from such measures. Rodney Ndamba of the Centre for EnvironmentalAccountability responded and stated that most of the initiatives in their import are aimed at promoting sustainabledevelopment. He stated that the mindset of business operators is based on the misnomer that we live forever. He highlightedthat reporting and transparency and accountability mechanisms should be implemented to run parallel to the companyreporting structures and pointed out that there are no such mechanisms in Zimbabwe. He also stressed that there is need forstakeholder participation in investment issues since investor contribution in mining issues is of utmost importance. On issuesof accountability, he reiterated that there are United Nations Guidelines which if adhered to will ensure sustainability.However, there is no guarantee of implementation of laws or resolutions by the government and the mining companies. Healso pointed out that the business sector in Zimbabwe is trying to come with a National Code of Corporate Governance whichmayensuresustainablereportingbycompaniesonenvironmentalissues.Participants also raised concern and fears that most auditing firms collude and produce glossy reports covering irregularitiessuch as corruption in the business sector and whether environmental auditing will not be affected. Participants wanted toknow if there are mechanisms to uncover these anomalies. Rodney Ndamba responded and stated that industry is working oncoming up with a National Code of Corporate Governance and once this is adopted it can be invoked in trying to uncover thesaidirregularities.AlsotheEcosecuritiesIndexisatooltotrackdowncompaniesthatareenvironmentallyresponsible.Participants also wanted to know what measures can be put in place to ensure that environmental laws are enforced andimplemented and to ensure that mining companies comply with environmental standards. Shamiso Mtisi responded to thisquestion by pointing out that there are different legal and administrative mechanisms that are in place to ensure compliancewith environmental laws and mining legislation. He indicated thatcriminal procedures can be used tosanction companies thatcommit environmental crimes, while administrative measures to ensure compliance with environmental laws such as permitsand licences can also be used. He further stated that the civil law proceedings in the courts can also be used by citizens to holdcompaniesaccountablebyclaimingfordamagesandcompensationinasituationwheretheirrightsareviolated.23Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparencytools and initiatives to promotetransparency and accountability in theextractive sectorSESSION 2:
  • 26. next steps and advocacy issues drawn from the discussionssessionsDuring the discussion sessions participants raised a number of advocacy issues and next steps that CSOswillworkon.Thekeynextstepsandadvocacyissuesidentifiedforfurtheractionaresummarizedbelow;Itwasagreedthatdialogueontransparencyandaccountabilityintheextractivesectorneedto continueamong civil society organizations to build their capacity on the Extractive Industries TransparencyInitiative (EIT) and other initiatives that enhance transparency and accountability. This is because thereis currently limited capacity and knowledge on how the EITI operates and can be customized inZimbabwe.There is need for raising awareness on transparency and accountability and initiatives such as EITIamong key stakeholders such as legislators, government and communities. To this end ZELA made acommitment to organize a series of workshops for a multi-stakeholder group to ensure thatstakeholders are aware of the elements of EITI. ZELA promised that it will seek technical and financialsupportfromvariouspartnerstoembarkonthisproject.ItwasalsoagreedthatZELAshouldworkwithinternationalandregionalorganizationsandbring expertstotalkabouttransparencyandaccountabilityissuese.g.theEITI.ZELA in collaboration with regional partners such as the Southern Africa Resource Watch willcommission a research and assessment survey of stakeholder perspectives on EITI in Zimbabwe. Theassessment is expected to shape the nature of interventions that will be adopted to introduce the issuesoftransparencyandaccountabilityinZimbabweespeciallytheEITI.ZELAwillorganizeaNationalConferenceonEITIinpartnershipwiththeSouthernAfricaResource Watch(SARW) for all stakeholders. The conference will be attended by all stakeholders such as government,miningcompanies,civilsociety,legislatorsandcommunityrepresentatives.ItwasalsoagreedthatacircularshouldbecirculatedamongstCSOsrequestingforexpressionof interestfromCSOstojoinanationalcoalitionofCSOsontheextractiveandnaturalresourcessector.It was also recommended that CSOs in Zimbabwe should join the Publish What You Pay (PWYP)Campaign to ensure that they network with other organizations with experience in the implementationofEITIandotherinitiativesthatpromotetransparencyandaccountabilityintheextractivesector.Itwasalsorecommendedthatthereisneedtomakeanefforttoincludesociallyinclusiveprocesses suchas gender budgeting tools in the extractive industry and environmental issues and consider adoption ofthe social accountability model, which emphasize on making the views and voices of marginalizedgroupssuchastheyouth,childrenwomenanddisabledpeopleheard.It was also agreed that despite the persecution that civil society leaders may face from politicians andgovernment in trying to promote transparency and accountability in the extractive sector especiallydiamondmining,thereisneedtocontinueandbevaliantinthefaceofadversity.24Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 27. next steps and advocacy issues drawn from the discussionssessionsOthermeasuresthatwereemphasizedtopromotetransparencyandaccountabilityintheextractivesectorincludedimprovedresearch,advocacy,monitoringofgovernmentandprivatesector operations,communitylegaleducationandpublicinterestlitigation.In particular, some participants also emphasized the need to build the capacity of government oncontract negotiation, marketing issues and more importantly reforming the mining informationdisclosure laws and policies. The target of civil society organizations in that regard should be to ensurethat they contribute ideas to the ongoing process to reform the Mines and Minerals Act and the ongoingConstitutional reforms in the country. These two legislative processes should be influenced to ensurethat they capture issues of transparency and accountability. In that regard, ZELA has made acommitment to work closely with other civil society organizations to ensure that principles oftransparency and accountability in natural resources management are made part of the foundingprinciplesoftheConstitutionofZimbabwe.CONCLUSIONFrom the presentationsand discussions contained in this report, it is evident thatCSOs in Zimbabwe are ready toplay a role inpromoting transparency and accountability in the extractive sector. In particular, although there is still limited information onhow the EITI works many people thought it is a good initiative that can be used to eliminate the corruption andmismanagementofrevenueandpaymentsintheextractivesector.Itisalsohearteningtonotethattheminingsectorthroughthe Chamber of Mines has already expressed an interest in the Extractive Industries Transparency Initiative. The remainingchallenge is to interest government to join the EITI. Before this is done there is an urgent need to source the necessarytechnical, financial resources to embark on a series of dialogue meetings for all stakeholders to inform them about how theEITIoperates.25Workshop proceedings and resultsSESSION2:toolsandinitiativestopromotetransparency
  • 28. Time Topic Facilitator: RodgerMpande8:45-9:00 Registration and Introductions Facilitator9:00 – 9:05 Welcome Remarks Mutuso Dhliwayo9:05 – 9:10 Objectives of the Workshop Shamiso MtisiSESSION 1: CHALLENGES IN MINING SECTOR9:10 – 9:25 Mining Sector Perspectives on Transparencyand Accountability: Challenges andOpportunitiesDr. Hokonya (ZimbabweChamber of Mines)9:25 – 9:40 Key Legal and Administrative Issues onAccess to Information and Public Participationin the Mining SectorGeorge Gapu & JosiahChinherende9:40 – 9:50 Discussions9:50– 10:00 Challenges in Fighting for Transparency andAccountability in ZimbabweTransparency InternationalZimbabwe (TIZ)10:0010:10Challenges of Protecting the Environmental,Economic, Social and Cultural Rights ofCommunities in Mining AreasMutuso Dhliwayo10:1010:25Discussions10:2510:45TEA BREAK26annexure 1: workshop agendaannexure1:workshopagenda
  • 29. SESSION 2: TOOLS AND INITIATIVES TO PROMOTE TRANSPARENCY ANDACCOUNTABILITY IN THE EXTRACTIVE SECTOR10:45 –11:00Introduction to the Extractive Indu stryTransparency Initiative (EITI) and PublishWhat You Pay (PWYP) CampaignShamiso Mtisi11:00 –11:20Alternative Business Sector Models toPromote Transparency and Accountability inthe Extractive Sector: GRI, Stock ExchangeSystems and International Financial ReportingStandards, ISO Systems etcRodney Ndamba – Centrefor environmentalAccountability (CENAC)11:20 –11:40Use of modern technologies (ICTs) and theMedia to promote transparency andaccountability in the Extractive SectorZvikomborero Zimunya -NANGO11:40 –12:20DiscussionsPLEANRY DISCUSSIONS AND WAYFORWARD12:20 –12:50Advocacy Issues Drawn from Discussions andImperatives for formation of a nationalcoalition on the extractive sectorGilbert Makore12:50 –13:25Next Steps All13:25 –13:30CLOSING REMARKS Mutuso Dhliwayo13:30 LUNCH27annexure 1: workshop agendaannexure1:workshopagenda
  • 30. Name of Participants Organisation AddressF. Sadomba Centre for Peace Initiatives inAfrica5 Corren Close BluffhillDonsa Nkomo Faculty of Law -University ofZimbabweP.O Box A1036 AvondaleHarareZvikomborero Zimunya NANGO 5 Meredith DriveNyamurungira Zimbabwe Lawyers for HumanRightsJ. Chiminya Zimbabwe Economic Society 6thFloor AdvenHseDr Machena CAMPFIRE Association P.O Box 661 HreRodney Ndamba Centre for EnvironmentalAccountability (CENAC)52 North Hampton EastleaDr. Dzingirai CASS TRUST CASS UZDouglas Gumbo Practical Action 4 Ludlow Rd Newlands HreGladman Chibhememe Chibhememe Earth HealingAssociation (CHIEHA)GEFSGP/CHIEHAJenette Manjengwa CASS Trust Box 130 MazoweTendai Mabikacheche Deloite 1 Kenilworth Road NewlandsRodger Mpande Consultant 6 Lanark Road BelgraviaOlivia Gumbo ZIMRIGHTS 90 Alveston Court 4th BainesAveDr Hokonya Chamber of Mines 4 Central Avenue HarareTendayi Bobo ZELA 6 London Derry Rd Eastlea HreFarayi Mujeni ZELA 6 London Derry Rd Eastlea HreS. Nyamanhindi Law Society of Zimbabwe 46 Kwame Nkurumah HarareN. Makoho Action Aid International -Zimbabwe16 York AveGilbert Makore ZELA 6 London Derry Rd Eastlea HreCephas Bungu Justice for Children Trust 145 Robert Mugabe Rd HararePlaxedes John ZELA 6 London Derry Rd Eastlea HreMutuso Dhliwayo ZELA 6 London Derry Rd Eastlea HreGeorge Gapu Scanlen and Holderness LegalPractionersCABS Centre Harare28annexure 2: list of participantsannexure2:listofparticipants
  • 31. Shamiso Mtisi ZELA 6 London Derry Rd Eastlea HreD. Tavengwa Epworth Local Board 2400 ChinamanoRegis Mafuratidze C ommunity T echnologyDevelopment TrustHon. S huah Mudiwa C hiadzwa C ommunityDevelopment TrustNyamudeza K. Women and Land in SouthernAfricaMufema Institute of DevelopmentStudies -UZShepherd Zvigadza ZERO Regional EnvironmentalOrganisationWabata Munodawafa Zimbabwe Liberators Platform 83 Central AvenueWalter Chambati African Institute for AgrarianStudies19 Bodle Ave EastleaStancilous Takawira European Union (EU)Carl Anderson USAID USAID BelgraviaJ. Muchando ZIMASCO 6th Floor Pegasus Hse SamoraCatherine Makoni CAFOD 29 -31 Selous Ave HreM. Kanotunga ZWUEMT 35 Anlaby House HarareMgugu -Mhene A WLWRSA 4thFlr FLT HreMemory Marechera WLWRSA 4thFlr FLT HreT. Makanza Mwonzora and Associates LegalPractitionersB. Chidove ZimplatsK. Bare The Financial Gazette Kopje Fingaz HseE. Jemwa Z imbabw e B roadcastingCorporation (ZBC)HG 444 Highlands HreShowers Mawowa Crisis Coalition Zimbabwe 18 Phillips BelgraviaNevson Mpofu SADC Southern Times 1098 Snake ParkJosiah Dimbo Weekly Gazette 1 Union AveP. Mukono University of Zimbabwe -Facultyof Law3871 W/ Park D Hre29annexure 2: list of participantsannexure2:listofparticipants
  • 32. A. T Mutasa ZIMNET 18 Mitchel RdOtto Billy Two by Two EP 180 EpworthMugweni Africa 2000 NetworkJeanette Manjengwa UZ Box 130 MaozweM. Motsi LLB -UZ 7258 Budiriro 4 HreN . Mararike Black Crystal Consultancy 1 Fairbaln Drive Mt PleasantHarareJ. Chinherende ZELA 6 London Derry Rd Eastlea HreBertha Shoko The Standard 1 Union AvenueN Mpofu Southern TimesW. Masvingise The Financial Gazette Kopje Hse Hre St HreU. Makoni - Muchemwa Kubatana.net 1StFlr Mon Repos Bl6 NewlandsMike Rice E. Africa 76 Queen Elizabeth GreendaleHarareKanengoni T Steetwise Abantu 4 Weale Rd Milton Park HarareMubambi A PELUM Zimbabwe 6 Lanark RoadHopewell Chitima UZ Law Student 54 Mazvimatupa ZengezaSifelani Tsiko Journalist 286 Northway Road WaterfallsZwizwai B. Institute of DevelopmentStudies -University of ZimbabweBox MP 167 Mt PleasantMarshal Chitanga UZ Law Student 7758 Mhiripiri Close BudiriroRoselin Action Aid 16 York AvenueG. Maneta CRF 109 Hre Drive MarlbroughJ. Chiminya ZES 6thFlr Adven HseJohn Maketo TIZ 96 Central Ave HarareSim Dube SOAZ Box 1835 Main Street ByoSamusodza M.H Environment Africa 76 Queen Elizabeth GreendaleHarare30annexure 2: list of participantsannexure2:listofparticipants
  • 33. Zimbabwe EnvironmentalLaw Association (ZELA)

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