JukwaaParticipant

ENSURE JUST AND FAIR BENEFIT FROM EXTRACTIVES FOR ALL

COMMUNIQUE

 

See Also - Keynote Address by Rev Canon Karanja during Jukwaa La Madini

 

PREAMBLE

The Second Jukwaa La Madini, Mafuta na Gesi (National Conference on Mining, Oil and Gas 2019) has been held at Safari Park Hotel, Nairobi, from 24th – 26th September 2019 bringing together more than 200 community members from 11 counties, as well as representatives of Community Based Organizations, Civil Society Organizations, Faith Based Organizations, industry operators and the government. The Conference was guided by the theme “Just and Fair Share of Benefits from the Extractives Sector”.

The Conference recognized that Kenya is endowed with more than one hundred types of extractive resources that include minerals, oil and gas. However, though the extractives sector contributes more than KShs 70 billion to the economy, the communities residing in the areas where the extractives are exploited have not benefited from the same as expected.

Appreciably, some progress has been made in addressing the concerns raised during the Jukwaa La Madini, Mafuta na Gesi held in 2018, but more remains to be done.

In this regard, the Second Jukwaa La Madini, Mafuta na Gesi wishes to communicate the following.

 

1. BENEFIT SHARING AND MANAGEMENT

This Jukwaa calls to mind the provision in the Constitution of Kenya 2010 in Article 69 (1)(h) that requires the state to “utilize the environment and natural resources for the benefit of the people of Kenya”. Further to this, the Mining Act (2016) in Section 183 requires holders of mineral rights to pay royalties at a rate prescribed by the Cabinet Secretary, and that the community where the mining operation occur are entitled to ten percent of such royalties. It is however a key concern to us that there is no framework for disbursement of the royalties to the county governments and the communities.

In addition, this Conference is concerned that the Ministry of Petroleum and Mining is yet to finalize the Guidelines required for the development and implementation of Community Development Agreements signed between large scale operators and communities, as required by Article 47 of the Mining Act 2016. This is unnecessarily denying communities the benefits that are to be specified in the Agreements.

The guidelines will also specify how communities will access information to enable them competently compute the one percent that the company is meant to spend on Community Development Agreements.

While this Conference appreciates that the Petroleum Act 2019 requires all operators in the extractives sector to comply with local content requirements, we note that specific regulations and guidelines on the same are yet to be developed.

In view of the foregoing, this Jukwaa La Madini, Mafuta na Gesi 2019:

On their part, the organisations partnering with communities in this Jukwaa La Madini, Mafuta na Gesi will continue to build capacities of communities to advocate for fair and equitable benefit from the extractive sector.

 

  1. LAND ACQUISITION, COMPENSATION, RESETTLEMENT AND COMMUNITY LAND

The primary resource in the extractives sector is land. For this reason, many communities in Kenya have been denied their fair share of benefits and opportunities to participate in the sector due to shortcomings in land adjudication and registration. Quite often, community members have not been adequately compensated when their land is earmarked for extractives operations. There are numerous instances where the government and investors gain consent from and even compensate people who do not belong to the affected communities. As a result, there are grievances surrounding the compensation of community members in Kwale, Kitui, Turkana and Elgeyo Marakwet counties. In this regard, this Jukwaa La Madini, Mafuta na Gesi 2019:

 

  1. ENVIRONMENTAL AND SOCIAL IMPACTS OF EXPLOITING NATURAL RESOURCES

This Jukwaa La Madini, Mafuta na Gesi 2019 is concerned that the social and cultural impacts of exploitation of extractive resources are not adequately assessed and addressed. The existing regulations that provide for public participation in the impact assessments are not being enforced.

In this regard, we call upon the Ministry of Petroleum and Mining and the National Environmental Management Authority to partner with non-state actors to expand the Environmental Impact Assessment framework to include other important aspects including Climate Change, Gender, Social and Cultural impacts. Further, the framework should provide for regular monitoring of companies on adherence to the Environment and Social Impact Assessments.

  1. ARTISANAL AND SMALL SCALE MINING

This Jukwaa La Madini, Mafuta na Gesi 2019 appreciates that the Mining Act 2016 recognizes Artisanal and Small Scale Mining. Despite this, artisanal and small scale miners remain largely informal and require technical and financial support to enable them scale up their operations. This will facilitate improvement of their living standards without crippling their livelihoods. There is also a need to adequately address inclusivity in artisanal and small scale mining so as to appreciate the role of women and youth.

In this regard, we remind the Ministry of Petroleum and Mining that they committed to have the Artisanal and Small Scale Miners Committees gazetted within two months during Jukwaa La Madini 2018. That is yet to be done. We urge the Cabinet Secretary to fulfill this promise, and also facilitate the completion of the development of the Artisanal and Small scale Miners Strategy.

Related to this, we call upon the Cabinet Secretary for Petroleum and Mining to consultatively work with communities to demarcate and allocate mining areas for artisanal and small scale miners to end the persistent disputes with large scale operators.

On their part, the participants in this Jukwaa La Madini, Mafuta na Gesi have committed to undertake a comprehensive review of extractives-related laws and make recommendations for appropriate amendments within the next six months.

  1. WOMEN AND YOUTH INVOLVEMENT IN THE EXTRACTIVES SECTOR

This Jukwaa La Madini, Mafuta na Gesi 2019 noted that women and youth experience the consequences of extractives projects in a more pronounced way than men yet they do not equitably enjoy the potential benefits. In this regard, this Jukwaa La Madini, Mafuta na Gesi 2019:

 

  1. CONCLUSION

We conclude by recognizing that as provided for by the Constitution of Kenya 2010, exploitation of mineral resources is not meant to be hindered but is meant to benefit all Kenyans. As community members drawn from counties that have such resources, we are willing to partner with the government and companies in the extractives sector, but do require that the processes entailed bring just and fair share of benefits to the communities, and also respect the right of communities to free, prior and informed consent to the mining operations.

Signed on this 26th day of September 2019 at Safari Park Hotel, Nairobi, by:

Signed on this 26th day of September 2019 at Safari Park Hotel, Nairobi, by:

No

County / Institution

Name

Position

Signature

1         

Busia

George Jaramba

Coordinator

 

2         

Elgeyo Marakwet

David seurey

Secretary

 

3         

Kakamega

Mahmoud Rarroh

Member

 

4         

Kisumu

Ruth A Odero

ILEG

 

5         

Kitui

Rosemary Muthoni

CHRCE

 

6         

Kwale

Kashi Jermaine

Chairman

 

7         

Migori

Symon Obongo

S/H

 

8         

Nairobi

Simon Mumboi Murwe

CJPC

 

9         

Nakuru

Angela Nyanchoma

Legal

 

10     

Taita Taveta

Beatrice Mjomba

Head of Governance

 

11     

Turkana

Gabriel Naspaan

Chairman TNRG-HUB

 

12     

Isiolo

Patrick Kimiti

Chairman

 

13     

Siaya

Fred Abayo

Rep

 

14     

Haki Madini Kenya

Joy Matanda

Chair, Haki Madini

 

15     

Kenya Civil Society Platform on Oil and Gas

Angela Mutsotso

Researcher

 

 

JukwaaParticipant1

A Participant makes a point during the Jukwaa La Madini 2019

 

JukwaaParticipant2

The Participants in the Jukwaa La Madini 2019

See Also - Keynote Address by Rev Canon Karanja during Jukwaa La Madini