An investigation by the South African Human Rights Commission (SAHRC) into the relocation of communities surrounding Anglo Platinum’s (Angloplat’s) Potgietersrust Platinum Limited (PPL), in Limpopo province, found that mining opera- tions had indeed “adversely affected” the com- munities.

The SAHRC released its research report last week, following an extensive investigation triggered by a report released earlier this year by nongovernmental organisation ActionAid, accusing Angloplat of human rights abuses in its relocation of communities to make way for platinum-mining.

Angloplat, which initially dismissed ActionAid’s report as “distressing, one-sided and inaccurate”, struck a more conciliatory tone, welcoming the SAHRC report.

The world’s leading platinum producer acknowledged that the new study drew attention to some “potential hidden vulnerabilities of communities and residents involved in a complex, multiyear, multimillion-rand relocation project”.

“In the context of this report, and what we have heard here today, the impact of the operations has adversely affected the community. That is the reality, and we must acknowledge that.

“In some cases, even well-intentioned activi- ties have resulted in prejudice, and in other cases well-intentioned activities have not been rolled out for the real benefit of the people. “And so, from a human rights perspective, one must be able to acknowledge that and move forward,” said SAHRC chairperson Jody Kollapen.

The research and report is the first by the SAHRC into a South African corporate, given that the commission has hitherto focused its attention primarily on State abuses.

The SAHRC’s head of research, Christine Jesseman, said there was a “definite commitment” from the parent company, Anglo American, and Angloplat to human rights standards.

She added that the company had been open and forthcoming with information during the commission’s investigations.

The SAHRC investigated and voiced “concern” over issues that include a lack of potable water, a lack of adequate sanitation, a lack of access to electricity, environmental pollution, insufficient agricultural land to sustain subsistence, thereby threatening food security, negative perceptions with respect to the award of compensation, limited access to education, and a potential lack of cultural sensitivity during the relocation of graves.

“In the report, we refer to potential human rights violations or possible human rights violations. In many instances, we are dealing with evolving situations. We are dealing with almost daily changes in situations, and we are also dealing with an ongoing situation; we are dealing with factually conflicting information, say, for example, the issue of accreditation of the testing laboratories for water,” said Jesseman.

The SAHRC aimed at formulating observations and asserting progressive recommendations to what has been seen as an “impasse between certain communities and PPL in undertaking its resettlement programme”.

Recommendations

The commission made a number of detailed recommendations on urgent and short-term matters, such as water, sanitation, environment, including mine blasting, electricity, grave removals, agricultural land and food security, compensation, and the transportation of children to school.

The SAHRC also made specific recommendations on relationships between stakeholders, as well as on institutional processes, including process documentation, monitoring, grievance redress and consultation.

Overarching general recommendations from the commission were that communities should be assisted in understanding their rights and how to access them, that companies should be assisted in moving beyond a mere compliance-based approach to resettlement, and that companies should be assisted in understanding the human rights implications of their behaviour and operation within their sphere of impact.

The commission said that it would be of great benefit if a general education programme was conducted in all communities in South Africa that had been subjected to relocation, and that, ideally, this should take place before any resettlement consultations. It was suggested that experienced specialist consultants be contracted to develop this programme, in conjunction with the SAHRC, and this could be funded by voluntary contributions from extractive industry companies operating in South Africa.

The SAHRC also recommended that a general human rights audit become standard practice for all extractive industry companies resettling communities.

It recommended that as standard practice, a general forum should be established, where all companies mining or prospecting in a relevant area are members. Municipality representatives and those from the Premier’s office, representatives of the departments of Minerals and Energy, Land Affairs and Environmental Affairs and Tourism, the Tribal Authority, as well as members of the affected community, and the resettlement committee should also be members of this forum.

“Although not conferring broad obligations on the part of the company to promote, protect and respect the human rights of all individuals within its area of operations, the allegations directed at Angloplat should demonstrate the reputational and financial risks of not engaging with potential human rights impacts,” the report stated.

Responses
Angloplat said the SAHRC had usefully pointed out areas in which its PPL mine could improve its performance on a wide range of issues, such as multistakeholder community consultation, more effective grievance mechanisms, and better communication with affected communities on nonfinancial benefits of relocation.

Angloplat said the report contained much useful information, which would be used as a guide. It would study the report, reflect on its analysis and observations, and determine how best to act upon its recommendations.

Further, Angloplat said it had commissioned independent consultants to undertake a postresettlement review for Motlhotlo that would start in 2009. “We recognise that we can still do more for these communities in terms of improving postresettlement livelihoods,” the miner noted.

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