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ADMINISTRATIVE COURT SENTENCES MINING COMPANY JINDAL AND THE GOVERNMENT OF TETE PROVINCE FOR VIOLATION OF COMMUNITY RIGHTS

Justiça Ambiental

Justiça Ambiental submitted a case to the Administrative Court of the Province of Tete (ACPT) in February 2016. The proceedings concerned the behavior of the Government and mining company JINDAL, which results in a breach of the fundamental rights and freedoms of the affected communities by failing to materialize their fair resettlement in the context of coal mining in an area located in Chirodzi, Marara, in the Province of Tete – mining concession No. 3605C attributed to JINDAL.

In response, ACPT rejected the request of Justiça Ambiental, on February 29, 2016, alleging, without legal basis, that the State is an illegitimate party and that the procedural means used by Justiça Ambiental is improper.

For Justiça Ambiental, there is no doubt that the ACPT cision was based on presumptions and tried, at all costs, to accommodate previous questions not to know the merits of the case.This court has decided on the basis of arbitrariness and in clear abuse of the discretionary powers that the law confers on the judge of the case.

Under the terms of the law, in particular the Constitution of the Republic, the Mining Law and the Regulation on Resettlement Resulting from Economic Activities, it is incumbent upon the Mozambican State and JINDAL to create conditions for fair resettlement and to improve the living conditions of cause.

However, Justiça Ambiental did not agree with the decision of said Judgment nº 03 / TAPT / 16, filed the appeal in March 2016, and the proceeding was processed with reference number 25/2016 – 1ª, in the First Section of Contentious Administrative Court. This Court analyzed the case for a period of two years and decided to give reasons to Justiça Ambiental considering that the request of this organization of civil society in defense of the environment and the social and economic rights of the local communities, through Judgment No. 41/2018 of June 12.

The Court ruled that ACPT judgment No 03 / ACPT / 2016 should be annulled and ordered JINDAL and the Government of the Province of Tete to complete, within six months of notification of the judgment or resettlement of the community of Cassoca.

Justiça Ambiental has shown to the Administrative Court that the resettlement of the families affected by the project has not yet materialized due to the simultaneous responsibility of JINDAL and the Mozambican Government. Justiça Ambiental also demonstrated the lack of necessary infrastructures and other basic social, economic and cultural conditions for a life with the minimum of dignity for the families in question.

It should be noted that the First Section of the Administrative Court states in its decision that the resettlement procedure in question has been going on for a long time, with the consequent deterioration of the living conditions and survival of the populations covered by mining in the area granted to JINDAL, which justifies censorship by this Court, so much so that JINDAL has the resettlement plan approved since 2013 and signed commitments with the Government to erect houses and ensure adequate housing of affected families, but has never fulfilled such obligations to date.

Therefore, it is a question of a judicial victory, but one that is not yet felt in the living conditions of the affected communities. Therefore, Justiça Ambiental appeals to all society concerned for a joint campaign in the sense of those condemned to respect the Judgment and carry out resettlement accordingly. Justiça Ambiental is aware that the Mozambican Bar Association has also condemned JINDAL for violating the rights of the communities concerned.

There is no doubt, therefore, that the exploitation of mineral coal in Tete constitutes a breach of the fundamental rights and freedoms of the affected communities, rather than contributing to their social and economic development.

Maputo, 17 September 2018

 
 
 
 

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