REPUBLIC OF MOZAMBIQUE

MINISTRY OF LAND, ENVIRONMENT AND RURAL

DEVELOPMENT
NATIONAL DIRECTORATE OF THE ENVIRONMENT

WORKSHOP REPORT

NATIONAL CAPAPCITY BUILDING WORKSHOP ON HUMAN RIGHTS BASED
ENVIRONMENTAL PUBLIC ADMINISTRATION – FOCUSING ON THE MINING
SECTOR
12-13 OCTOBER 2016 - MOZAMBIQUE
SUMMARY
The United Nations Development Programme (UNDP) and the Swedish Environmental
Protection Agency (SEPA) in close collaboration with the Ministry of Land, Environment and
Rural Development (MITADER) organized a national training seminar on Human Rights, the
Environment and mining from 12-13 October 2016 at the Massala Lodge in the Municipality of
Bilene, Mozambique. The workshop brought together 45 representatives from the Ministry of
Land, Environment and Rural Development (MITADER), the National Directorate of the
Environment, UNDP Mozambique, Swedish Environmental Protection Agency and Ministry of
Mineral Resources and Energy in Mozambique.
This Sida-funded Environmental Governance Programme (EGP) workshop was designed to:
• Share country experiences and increase the understanding of mining development and
how to reduce conflicts, primarily at mining exploration sites.
• Identify gaps and priority areas for future learning
• Strengthen the relationship between SEPA/UNDP, MITADER and all institutions and
stakeholders involved in the mining cycle as a foundation for further EGP cooperation,
learning and knowledge exchange.

The workshop sessions included topics on environmental legislation, the process of relocation
due to economic activities, the process of acquiring the right to land use (DUAT), integration of
the environment in the mining sector, inclusive participation in the mining process, the impact
of extractive industries on biodiversity and human rights, ecosystem services and biodiversity,
gender equality of women in the extractive industries, design for closure and financial guarantee
for the closing of mining operations and identification of risks and prevention of accidents at
waste facilities.

The workshop provided an open space for sharing experiences and for recognizing the need for
all of the resource exploration programs to first take into account the safeguarding of human
rights, especially in the communities affected by the projects and second, to ensure that men
and women have equal opportunities in outcomes.

Participants identified numerous bottlenecks and implementation gaps. The primary weakness
is effective compliance with and application of laws by the parties concerned, with government
institutions acting as guarantors of this implementation. However, some deficiencies could be
noted which can be resolved through timely revision to accommodate certain stages resulting
from different processes, taking into account the enhancement of national legislation to
safeguard human rights in general and women’s rights in particular.

Participants agreed on the next steps for future cooperation (see Annex 4)
• Need to ensure permanent promotion of legal instruments.
• Improving coordination and communication between institutions and parties involved
in the mining life cycle and local communities affected by projects.
• Enhance enforcement of legal instruments.
• Evaluate relevance of the establishment of an independent organ to handle conflicts
and environmental crimes.
• Improve interconnection between human rights and the environment
 • Analyze issues related to ecosystem services and biodiversity and how they are taken
into consideration when decisions are made.
• Address weaknesses stemming from poor application of contract responsibilities.

ABOUT THE SEPA-UNDP ENVIRONMENTAL GOVERNANCE PROGRAMME (EGP)

The Sida-funded EGP responds to the challenges many developing countries face in
implementing environmental policies and integrating environmental and social concerns into
broader sustainable development policy making. The programme strengthens the
environmental, gender, human rights and rule of law dimensions of public administration work
in large-scale mining sectors. Working in collaboration with ministries of environment, mining,
planning and finance, as well as other public and private stakeholders, the programme provides
targeted support to four countries: Colombia, Kenya, Mongolia, and Mozambique. The
programme also works at the global and regional level to strengthen south-south knowledge
sharing and innovative policy approaches. It draws on the combined governance, social,
environmental and extractive sector expertise of the Swedish Environmental Protection Agency,
SEPA, the United Nations Development Programme, UNDP, and partners. The EGP prioritizes
collaboration with public, private and civil society organizations, and welcomes new partners.

1. SESSIONS CONTENT AND REFLECTIONS

A summary of each session follows, including objectives, key messages, discussions and
reflections. The outcomes of group exercises are presented in Annex.

1.1. PRESENTATION OF THE ENVIRONMENTAL GOVERNANCE
PROGRAMME (EGP)

This session was presented jointly by Ms. Sanna Due and Ms. Ann Pedersen (UNDP/SEPA), who
focused on the program’s objectives of establishing knowledge and documentation and helping
to develop policies and environmental practices, in collaboration with other partners.

Overall aim of the training: For participants to gain the ability to identify problems associated
with the environmental public administration in the mining sector and describe its common
vision.

1.2. ENVIRONMENTAL LEGISLATION

This session was presented by Josefa Jussar, Departamento de licenciamento Ambiental/

Department of Environmental Licensing (DLA), who highlighted the new composition of
MITADER and spoke about the legislation governing the EIA process, the structure of Decree No.
54/2015 dated 31 December and the Environmental Licensing Process, as MITADER has the
authority to issue environmental licenses in the country. She also presented the procedures for
the proceedings and the responsibilities of each party involved, the various phases and their
objectives, the documentation required and the deadlines established for approval of the
Environmental Impact Study for each category until the granting of the license. Mining
exploration legislation was also presented, including the definition, the environmental aspects
to be complied with, the waste processing, etc. An example of mismanagement of the impact of
human activity was given.

Overall aim: To understand the mining exploration and development legislation in Mozambique.

Key messages:

• Innovations of the new REIA include the introduction of the new category A+, gender
issues, counter-powers, the new licenses, which are issued in a phased manner for each
activity, as well at the methodology for granting each of them.
• Regarding implementation of the new REIA, weakness seems to result from non-
compliance with the given deadlines, which is due to various factors.
• Mining exploration is an activity that causes serious problems for the environment,
degrading ecosystems and biodiversity.

Main challenges:

• Strengthening institutional capacity

• Conducting inspections
• Implementing education and raising awareness
• Establishing laboratories and ensuring the follow-up of action plans.

1.3. THE PROCESS OF RELOCATION DUE TO ECONOMIC ACTIVITIES

This session was presented by Dr. José Muianga, Directorate for Territorial Planning and
Resettlement (DINOTER), who stated that the process’ aim is to boost the socio-economic
development of the country and ensure that the relocated communities have a better quality of
life, taking into account the sustainability of physical, environmental, social and economic
aspects.

Overall aim: To understand the process of relocation framing it within the physical,
environmental, social and economic spheres.

Key messages:

• In light of the implementation of Decree No. 31/2012 dated 8 August (Regulation on the
Process of Relocation due to Economic Activities) there are more than 50 relocation
processes in the country involving approximately 85,000 inhabitants.
• There is an urgent need to review the current legislation, with a view to supporting the
entire relocation process with rules and procedures that ensure the integration of all
 affected people, respecting their rights, making it possible for new agglomerations to be
planned and to ensure that they have a functional structure from an urban, social and
cultural point of view.

1.4. THE PROCESS OF ACQUIRING THE RIGHT TO LAND USE (DUAT)

Dr Ivo Manjate, Direcção Nacional de Terras/National Directorate of Land, took the floor and
gave a presentation where he noted that land is a fundamental production factor and forms the
basis of space utilization, territorial planning and development. Land influences social
relationships, primarily in the rural environment, as it is an essential element for the exercise of
power and its continuity, from the community level to the super-structural level.

Main challenges:

• Registering beach zones with high tourism potential and mineral resources with great
ecological importance.
• Reinforcing control mechanisms for land exploitation and use with a view to avoiding
land being idle.
• Improving the technical capacity and functions of local governments.
• Adopting measures that aim to discourage the sale of land.
• Ensuring widespread regulation securing access to land.
• Delineating communities and enabling each city, village or settlement to prioritize
investing in the gradual planning of its territorial space.

Discussion and reflections:

The following clarifications were given for the questions and contributions on this subject:

• Projects are divided up because the proponents want to have licensing authority at the
province level, attributing categories at this level instead of at the central level.
• A DUAT is not granted in a special protection zone, but rather a Special License, and to
ensure the protection of these areas, prohibited and tolerated uses are provided for. A
DUAT is not granted for mining exploration, but rather an exploration license valid for
25 years.
• Should you need more information on this topic, please refer to Article 9 of the Land
Law, which clarifies the difference between the DUAT and the Special License.
• With regard to the basis of minimum wage for fines, it was clarified that it was the
minimum wage established by the Government.
• With regard to the Technical Commission, it was stated that the regulation mentions
institutions, and not organic units, because they are a part of the Ministry, therefore
AQUA and the Inspectorate are not part of the Commission, since they are entities that
are involved in the monitoring of the process.


 1.5. INTEGRATION OF THE ENVIRONMENT IN THE MINING SECTOR

This session was presented by Dr. Antonio Sive, Direcção de Planificação e Cooperação /Ministry
of Mineral Resources and Energy (MIREME), who focused on the legislation applicable to the
mining sector, from laws to the range of regulations concerning mining activities. More
specifically, he stated that the Mining Law establishes a legal framework for mining activities in
Mozambique, providing for types of mining titles, specific taxes on mining and the
environmental requirements for mining activities. The various principles of the Mining Law are
in turn broken down into subsequent regulations.

1.6. INCLUSIVE PARTICIPATION IN THE MINING PROCESS

This session was presented by Mats Kullberg, SEPA and was divided into two parts, an
explanatory part on the concepts and communication procedures, and group workshops
presenting the results of the questions asked.

Key messages and learning outcomes:

• Participation and communication are key elements in the planning of a Communication

Strategy ensuring inclusive participation in the mining exploration process in
Mozambique.
• The acquisition of a greater and more consensual understanding of the possibilities that
inclusive participation can offer was mentioned as an objective, along with the
conditions necessary for it to be successful.
• After the presentation, the groups identified the risks and potential impact of an
absence of communication. The second group task was to identify events in the mining
exploration process in Mozambique.

1.7. IMPACT OF NON-ENERGY EXTRACTION INDUSTRY ON
BIODIVERSITY

This session was presented by Dr. Vilela de Sousa, of Repartição de Ambiente Marinho e
Costeiro. In addition to the definitions, she mentioned the possible effects of non-energy
extraction activities on the natural environment and biodiversity and ecosystem services, the
direct causes of loss of biodiversity. She posed the following questions, “why is the loss of
biodiversity a problem for the industry?” and “what can be done to avoid or minimize this loss?”
without forgetting to mention the international protocols for protecting biodiversity.

1.8. HUMAN RIGHTS IN THE ENVIRONMENTAL PUBLIC

ADMINISTRATION WITH A FOCUS ON MINING

This session was presented by Dr Amílcar Andela, of Ministério da Justiça/Ministry of Justice.

First, he equated environmental rights to human rights, deduced from the common right,
comparing them to the right to quality of life according to the Human Rights Charter.
Key messages:

• Mining activity has been an area contributing to the violation of human rights and a
principal cause of conflicts with communities. The case occurring in Kateme in the
Province of Tete was given as an example.
• To minimize the impacts affecting communities, the mining industries adopted the
principles of responsibility. On the other hand, there is the obligation to comply with the
parameters of the United Nations. These define the responsibilities for states and
different parties concerned to legislate and ensure the application and respect of
environmental rights of communities and of the principle of repair, for which the
companies are responsible.

Main challenges:

• In the case of Mozambique, there have been some weaknesses stemming from poor
application of contract responsibilities, recurrently harming the communities, due to a
lack of knowledge of their responsibilities and rights or exclusion from the process.

Discussion and reflections:

During the clarification of the questions asked, he stated that all mining causes damage to the
environment, to a greater or lesser extent in each case. In the case of human rights, in general
and in this case related to conflicts at exploration sites, it is the State’s responsibility to
guarantee compliance.

1.9. PRESENTATION OF ONGOING WORK IN KENYA AT EGP

Patrick Maingi, of UNDP Kenya, presented this session and stated that there were not many
differences in the procedures between his country and other institutions and organizations
dealing with environmental issues.

Key messages:

• Although there is a Ministry of the Environment and Mineral Resources in Kenya, a

designated supervisory organisation (NEMA) was created to handle issues related to the
management of mines.
• NEMA has the power and autonomy to create laws and standards to be taken into
consideration and if necessary, to fine Ministries that do not comply with the
established laws. The institution has the power to prosecute even a President of the
Republic within the framework of non-compliance with the laws governed by NEMA.
• To ensure that these laws are effectively complied with, an Environmental Court was
created separate from the power of the State to allow for better control and that
politics would not interfere in any way with the implementation of the laws.

 1.10. ECOSYSTEM SERVICES AND BIODIVERSITY

This topic was presented by Dr. Jessica Alvsilver from Swedish Environmental Protection Agency
(SEPA) and focused on the approach to ecosystem services and biodiversity that could be
integrated into government decisions and policies in Mozambique.

Overall aim:

To understand the benefits that people and different groups in society can obtain from
ecosystems, the products of ecosystems, the regulation of environmental processes, the
services necessary for the production of all other environmental services and the immaterial
benefits that people obtain from ecosystems through spiritual enrichment, cognitive
development, reflection and aesthetic experiences.

Discussions and reflections:

• The country has good conservation policies and is a signatory of biodiversity

conventions. However, the main challenge derives from weak implementation.
• With regard to subsequent use of mining areas, best practices highlighted included the
lake created by Kenmare Moma after the decommissioning of the quarry used for the
construction of the Moma Heavy Sands Project in Nampula and the Agro-Areiro Project
in Boane, where following the extraction of sand, the sites were transformed into fields.


1.11. GENDER EQUALITY AND EMPOWERMENT OF WOMEN IN THE
EXTRACTIVE INDUSTRY
Dr. Leisa Perch, UN Women, presented this topic and focused on ways to ensure equal
opportunities for men and women in the mining sector.

Key messages:

• It is crucial to ensure that development and extraction mining allow for inclusive and
sustainable development offering equal opportunities for men and women.
• Gender equality should be ensured not only for the broader economic empowerment of
women through work and income, but as a question of fundamental rights in order to
reach the Sustainable Development Objectives and not leave anyone behind.

This session was composed of two parts:

• The first with role playing, where the participants were instructed to act as certain
characters in certain contexts and different times of life, revealing that women find
themselves at a disadvantage in many areas.
 • The second part comprised the interactive presentation of the subject, with time for the
participants to present their points of view. This part focused on gender inequality in
various sectors, with a focus on the mining industry.

1.12. DESIGN FOR CLOSURE AND FINANCIAL GUARANTEE FOR THE

CLOSING OF OPERATIONS INCLUDING WASTE FROM THE ACTIVITY
Dr. Ann Marie Fällman, Swedish Environmental protection Agency, presented this topic.

She addressed the objectives and learning outcomes of completion projects, with examples
from Swedish cases. She focused on the licensing process, the concession of exploration rights in
compliance with mining law, the environmental stage to be reached after the decommissioning
of the mine and the waste management plan in the case of an extraction waste facility.

Group work was then carried out in 3 groups (A, B and C) with the following questions;

Group A

• Analyse the environmental stage to be reached in the area affected by the extraction
after the completion of the activities.
• Describe how and when the holders of the rights are involved.
• Identify how the knowledge of the present environmental state is gained and how
information about “traditional knowledge” is gained.

Group B

• Identify the measures, which ensure that the affected area is returned to a satisfactory
condition after the closure of the operations.
• Identify who approves the satisfactory condition provided for in the closing plan or the
post-closing state.
• Evaluate the difficulties that could emerge and when.

Group C

• Identify the closure measures and the resulting environmental stage usually designed
and presented in the project to obtain the license.
• Analyse the parts that are usually missing.
• Evaluate which would be, in your opinion, the right time to plan the closure of the
prospecting or exploration activity.

ANNEX 1. PARTICIPANTS LIST
Name Organization

1 Mário Abrão Parina DPTADER de Cabo Delgado
2 Tomás Mujui DPTADER de Manica
3 Boaventura Manuel DPTADER de Nampula
4 Manuel Duvane DPTADER de Gaza

5 Lúcia António da Silva DPREME de Cabo Delgado

6 Mário Juta Muchungue DPREME de Manica

7 Adelto Cuamba DPREME de Nampula

8 Ercília Balango Geologia e Mina

9 José Abílio Muianga DINOTER

10 Josimar Biosse AQUA

11 Leonardo Matine AQUA
12 Amilcar Andela Ministério da Justiça
13 Ivo Alcino Manjate Direcção Nacional de Terras

14 Américo Ângelo Paulo Direcção Nacional de Saúde Pública

Direcção Nacional de Recursos

16 Cristóvão Xavier
Hídricos
Instituto Nacional de Pesca e
17 Wilson Jaime Machava
Aquacultura
Repartição de Ambiente Marinho e
18 Vilela de Sousa
Costeiro

19 Felicidade Vitória Sitoe Departamento de Género

Repartição de resíduos sólidos e

20 João Cipriano
espaços Verdes
Maria de Lurdes
21 Inspecção Geral
Massingue

Departamento de licenciamento
22 Josefa Jussar
Ambiental (DLA)

23 Margarida Mabjaia DLA

24 Rosalina Langa DLA
25 Rosalina Niquice DLA
 26 Rosana Francisco DLA
27 Bento Natal DLA
28 Pedro Magaia DLA
29 Amélia Zibia DLA
30 Natalia Igacheva DLA
31 Nilsa Racune DLA
32 Lucrécia Lopes DLA
Direcção de Planificação e Cooperação
33 António Sive
MIREME
34 Mungoi Apoio Geral
35 Eitora López Apoio Geral
36 Eliseu Chiendela Secretariado
37 Atália Muvelo Secretariado
38 Tradutor
40 Tradutor
41 13 PNUD e oradores

Total 50

ANNEX 2. AGENDA
CAPACITAÇÃO SOBRE AMBIENTE E DIREITOS HUMANOS COM FOCO NA
MINERAÇÃO


PROGRAMA
1º Dia – 12/10/16

Horas Actividades Responsável

08:30- Registo dos participantes Logística
08:45
08:45- Mensagem de boas vindas DPTADER - Gaza
09:15 Discurso de abertura Representante do MITADER
09:15- Apresentação do programa Facilitador
09:30 Apresentação dos participantes
09:30- Apresentação do Programa de Governação Ambiental Sanna Due/Ann Pedersen - PNUD/SEPA
09:40
09:40- Legislação ambiental Josefa Jussar, -MITADER
10:05
10:05- Processo de Reassentamento Resultante de José Muianga - MITADER
10:30 Actividades Económicas
10:30- Intervalo – Café Logística
11:00
11:00- Processo de Aquisição do Direito de Uso de Terra Ivo Manjate - MITADER
11:25 (DUAT)
11:25- Legislação mineira António Sive - MIREME
12:00
12:00- A participação inclusiva no processo de mineração PNUD/Ministério da Justiça
13:00
13:00- Intervalo - Almoço Logística
14.00
14.00- A participação inclusiva no processo de mineração Mats Kulberg - SEPA
15.00 (cont)
15.00– O papel do Estado e dos Direitos Humanos na PNUD/Ministério da Justiça
15.45 Administração Pública Ambiental – foco no sector de
mineração
 Apresentação do trabalho em curso no Quénia na EGP Patrick Maingi – PNUD (Quénia)
16.05- Café
16.20
16.20 – Biodiversidade e mineração Vilela de Sousa - MITADER
16.45
16.45 – 18. Serviços de Ecossistemas e da Biodiversidade Dr Jessica Alvsilver, SEPA
10
18.10 – Encerramento do 1º dia Facilitador
18.20
19:30 Jantar Todos


2º Dia 13/10/16
Horas Actividades Responsável
08:30-09:00 Resumo do dia anterior Secretariado/Facilitador
09:00-11.00 ONU Mulher/Debates
11.00-11:30 Intervalo – Café Logística
11:30-13:30 Desenho do Encerramento e garantia financeira para o Dr Ann-Marie Fällman
encerramento da mina/resíduos da mineração
13:30-14:15 Almoço Logística
14:15-16:00 Prevenção das consequências de acidentes em instalações de Dr Ann-Marie Fällman
resíduos/Debate
16:00-16:10 Avaliação do Seminário Todos
16:10:16:30 Encerramento Representante do MITADER
16:30 Café Logística

19:30 Jantar Todos

ANNEX 3. PICTURES

ANNEX 4. TABLE OF RECOMMENDATIONS

Table of recommendations

No. Recommendation Person responsible

1 Ensure permanent promotion of legal instruments All

Improve coordination and communication between

2 institutions, parties involved in the process and local All
communities affected by the projects

3 Enhance enforcement of legal instruments MITADER/MIREME

Evaluate relevance of the establishment of an

4 independent organ to handle conflicts and environmental MITADER
crimes

Improve interconnection between Human Rights and the

5 All
Environment

Analyse issues related to ecosystem services and

6 biodiversity and how they are taken into consideration All
when decisions are made

Address weaknesses stemming from poor application of

7 All
contract responsibilities