Lobby calls for effective framework for mining benefits

A lobby has urged the national government to develop a more effective framework for benefit-sharing in the extractive sectors.

Kenya Land Alliance chief executive Faith Alube said current laws fall short of ensuring that communities affected by mining benefit from their local resources.

Alube added that the communities often face significant compensation, relocation and land ownership injustices.

"Community sharing mechanisms must be transparent. If the Mining Act outlines formulas, are they practical, and what is their utility?" she said. 

She said that many communities affected by mining activities continue to languish in poverty and endure difficult conditions as their resources are exploited without proper procedures.

Alube added that the government must establish monitoring mechanisms to ensure that local communities benefit from mining projects, as they bear the brunt of the impact.

She said there must be accountability, and mining firms should provide support to communities beyond mere compensation.

She called for a comprehensive review of the current legal framework governing the compensation to better address the needs and rights of affected communities.

Alube said without significant reforms, the communities will continue to suffer from inadequate compensation, poor living conditions and lack of proper land management. 

The rights defender urged policymakers to prioritise the development of transparent, equitable systems that ensure fair sharing of the benefits derived from local resources.

She made the remarks during the second annual Jamvi La Madini, a groundbreaking mining conference held at the Safari Beach Hotel in Kwale county.

The event was organised by Kwale Mining Alliance in collaboration with International Alert, Transparency International Kenya and Haki Madini Kenya.

The conference brought together stakeholders from the six coastal counties under this year's theme, 'Sustainable and Equitable Mining in Kenya: Unlocking Potential and Ensuring Transparency and Accountability.'

The conference also focused on the importance of community participation in decision-making processes related to mining permits, licenses, contracts, rehabilitation and post-mining land use.

Alube said the government must guide post-mining land use, especially as the Australian mining company prepares to shut down operations in December due to the exhaustion of mineral deposits.

She added that the community is confused about the entire process of post-mining land use, as the majority want their land returned. 

"The community has a right to be included in the conversation and their voices heard because they are the indigenous people," she said.

Alube said the conference underscores the need for clear, community-focused policies to address some of the concerns and ensure a fair transition once mining activities cease. 

She added that as the Australian company prepares to end its operations, stakeholders must campaign for immediate action to safeguard the interests of the affected communities and ensure they are meaningfully involved in decisions about their land.

However, former Mining Cabinet Secretary Salim Mvurya said the government is working towards streamlining policies to bring sanity and improve the mining sector.

Mvurya announced that a special Post-Mining Land Use committee was established to gather input from all stakeholders before the government decides how the land from Base Titanium’s mining operations will be utilised.

He said the committee is made up of a diverse group of stakeholders, ensuring strong representation from elected officials and community leaders, who are already on the ground gathering feedback, with ample time given to each stakeholder to give their views. 

According to Mvurya, the discussions are primarily focused on post-mining land use and related activities.

He said the committee plays a crucial role in managing the transition of land use in Kwale following years of mining operations.

Mvurya said the committee's mandate includes ensuring community voices are heard and that the transition aligns with environmental and social sustainability goals. 

He encouraged all stakeholders, including local communities, to actively engage in the committee's initiatives to ensure transparency and inclusivity in decisions impacting post-mining future. 

"I urge everyone to take note of the scheduled dates and participate actively rather than resorting to complaints," the former CS said.