By Reporter
In 2000 when Tiomin Kenya Limited that was taken over by Base Titanium later was seeking the mineral rights licence to start mining there were a lot of issues that required to be addressed.
Professor Hamadi Boga says the issues were so crucial to address before Base Titanium operations took off in his second write up about “Creating Wealth from rehabilitation of the Kwale Mineral Sands Mine: Ideas for Post Mining Land Use”.
He said that some of the issues were proper environmental stewardship and just benefit to the affected communities.
“Abstraction of underground water from the Msambweni aquifer that would lead to salinity of underground water due to invasion of sea water into our wells. We were concerned that Mkurumudzi River would be polluted, cultural sites desecrated, we also feared possible radioactivity exposure (concerns over cancer), and a poor relocation plan (low compensation for land, houses and places of worship and relocation of graves),” he went on.
Their option he said was mobilizing for human rights organizations like ActionAidm KHRC and Amnesty international for accountability and transparency demand.
“The same vigilance that informed the entry of Base Titanium Limited should be applied to the exit process to make sure that we are not left quarreling amongst ourselves over an abandoned mining site,” he said.
This is as various groups in the region claim ownership of the rehabilitated land including the Nguluku-Maumba residents who previously occupied the land.
Professor Boga said that the post mining land use at the Base Titanium Mine in Kwale must be informed by the essential best practices globally, the sociopolitical situation in Kwale, the recommendations of the environmental management plan, and the geophysical and biological characteristics of the mine site.
Base Titanium limited , he said must demonstrate that they have complied with the law and attendant regulations and that they considered all possible risks and taken steps to mitigate them as outlined in the Environmental and Social Impact Assessment Reports and Management plans that were done before the mining started.
“The County Government working closely with lead Government agencies (like NEMA, NLC, KALRO, KEMRI) must reassure all stakeholders that they understand the process and that they are able to supervise a responsible post mining land use planning process on behalf of the people of Kwale. This exercise should not be taken casually and should be driven by professionalism,” he added.
Boga said that the County Government and the responsible National Government agencies must ensure the following principles are applied to the land use planning process.
On Environmental Rehabilitation and Restoration, he said that it is important that there is environmental rehabilitation and restoration of the mined areas to return the land to a productive state.
“The rehabilitation must follow the best practices for land reclamation, including soil remediation, re-vegetation, and water management. BTL has been rehabilitating the land as they mined and have proposed a post mining land use plan based on the foreseen state at the end of mining,” said Boga.
Meaningful community Engagement and Consultation he said is very key throughout the closure process.
According to him, the County Government in collaboration with Base Titanium should establish a community advisory committee to facilitate ongoing communication and collaboration between the company and the community.
“The advisory committee must be composed of people who can advise and not be used as a means for rewarding political operatives and cronies. The only thing acceptable is professionalism and international best practice,” he noted.
Boga said that the sustainable post-mining land uses must align with the local context and community needs, such as agriculture, eco-tourism, training institutions, industrial, educational or renewable energy projects.
It must consider the economic, social, and environmental benefits of different land use options and prioritize those that promote long-term sustainability.
Once the post mining land use committee is put in place, he said it must address the legacy of the mining operation and outline plans for monitoring and managing any ongoing environmental impacts or liabilities.
There must be a trust fund or other financial mechanisms to ensure the long-term maintenance of rehabilitated land and infrastructure and other projects as required by the law.
There must be a robust monitoring and reporting framework to track progress on rehabilitation efforts and address any emerging challenges through independent audits.
“According to the Mining act 2016 section 180. (1) The Cabinet Secretary shall not grant a prospecting licence, a retention licence or a mining licence and mine closure to an applicant, unless the applicant has submitted mitigation and rehabilitation or mine-closure plans for approval. In sub-section (2) of section 180 the law says that the Cabinet Secretary may prescribe regulations for site rehabilitation and mine-closure obligations. As we stand, I do not remember seeing any such regulations. Further, section 181. (1) An applicant for a prospecting license or a mining license shall provide a bond or some other form of financial security in this section called an environmental protection bond sufficient to cover the costs associated with the implementation of the environmental and rehabilitation obligations of the holder under this Act. (2) an environmental protection bond required under subsection (1) shall be in a form and for an amount as may be determined by the Cabinet Secretary having regard to the characteristics of the project,” he added.
Also Boga said that it is very important to have programs that support skills development and provide alternative employment opportunities for affected workers post-closure and affected communities.
“The 6000 acres should therefore be used to drive economic activities that will create jobs and wealth for the people of Kwale and Kenyans at large to the same scale as BTL or even larger,” he added.
The professor said that the land should not be divided into 5-acre plots for people to grow cassava or settle as some parts of the mine will be monitored for the next 15 years.
He took issue with stakeholder Collaboration saying that there must be total and transparent collaboration with government agencies, NGOs, academia, and other stakeholders to leverage expertise and resources for successful post-mining land use planning.
“The process must be conducted in an atmosphere of transparency and accountability as decisions are made related to land rehabilitation and future land use. This is the most critical point which could make the exercise succeed or fail. Our appetite for land grabbing is well known. This is the time to demonstrate that we have learned from our bad history and that we are ready to use resources for the benefit of the public good,” he reiterated.
He urged the Kwale County government to accept its responsibility of taking stewardship of the process on behalf of the people of Kwale in the planning process while the National Land commission must play its constitutional role as regards to public land.
“The new Cabinet Secretary for mining must ensure that the site is handed over back to the people of Kwale in as close a-form and shape as it was when it was handed over to BTL and ensure that all areas of potential risk and conflict have been mitigated. Base Titanium Limited must hand over to the Government (County and National) a mine closure report that outlines in detail the state of the mine at handing over and the M&E plan for the next 15-20 years.” he added.
Boga also took issue with the delay to release royalties to counties and communities after 12 years of Base Titanium mining and remitting royalties to the national government.
“As we are talking about closure of the mine, and before BTL moves from the site, the National and County Governments should tell the Kwale people how much is due to them from royalties in a public and transparent manner. The National Government (Ministry of Mining) should put in place the legal framework for transferring the 10% that goes to the community,” said Boga.
He said that the County Government should have a transparent way of planning for and using the 20% royalty (KSh. 1.7 billion) and to ensure that it is used for impactful projects.
End
