3. Regarding the non-compliance of the resettlement plan With regard to the Resettlement Plan and its noncompliance, it is important to note that the resettlement process began in 2010 and has not been materialized to date. For this reason, JA approached MITADER and was made aware that the Government of Mozambique never held JINDAL responsible for its failure to comply with the submitted Plan. Item c) of number 2, Article 25 of the Regulation on Resettlement Processes Resulting from Economic Activities establishes that failure to comply with the approved Resettlement Plan constitutes an administrative offense, a violation of the law, punishable by a fine equivalent to 10% of the project’s value. On the 7th of February 2017, JA sent MITADER a request for information regarding this issue. MITADER responded on the 8th of March 2017 in the following terms: a) MITADER did not start any process seeking JINDAL’s accountability because resettlement processes are new to the country and, therefore, going through a learning process themselves, and because the resettlement process
Jindal A Classic Example of Corporate Impunity
of this company predates the approval of Decree 31/2012 of August 8th, which approves the Regulation on Resettlement Processes Resulting from Economic Activities. b) Strangely, MITADER also notes that they have been monitoring companies to have them comply with their Resettlement Action Plans in accordance with the aforementioned Regulation, regardless of whether they precede or follow it’s approval.
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