1. Contextualization

from Jindal A Classic Example of Corporate Impunity

2. Protection of the communities’ land rights

As a result of the discovery of varied mineral resources in its territory – including mineral coal, heavy sands, rubies and natural gas, among others – Mozambique is undoubtedly an international reference in terms of investment opportunities in different sectors of the extractive industry. It is in this context that in recent years the Province of Tete has been the subject of large-scale mineral coal exploration. An example of this exploration results from the mining agreement celebrated between the Government of Mozambique and the mining company Jindal Mozambique Minerais, Ltd for the exploitation of mineral coal in an area located in Chirodzi, Marara District of the province in reference. This is the story of mining concession nr. 3605C. 1

Jindal - A Classic Example of Corporate Impunity

1 The full content of this agreement between the Government of Mozambique and JINDAL has never been in the public domain, which raises problems of transparency, access to information and public participation, taking into account the secrecy that characterizes this contract.

Mozambican justice and the rights of the communities affected by the activities of Jindal Mozambique Minerais, Ltd

Jindal Mozambique Minerais, Ltd, part of JINDAL AFRICA and operating in Mozambique through the extraction of coal in Tete Province, is an Indian multinational, which is part of the Indian multinational conglomerate Jindal Steel and Power Limited (JSPL), which is part of the diversified OP JINDAL group, valued at about 18 billion US dollars. 2

In August 2013, the Chirodzi mine was inaugurated by the then President of the Republic of Mozambique Armando Emílio Guebuza and by JSPL President Naveen Jindal. 3

The mining agreement celebrated between the Government of Mozambique and JINDAL results, among other consequences, in the resettlement of the populations affected by the exploitation of the mineral coal in question. These are the communities of Cassoca, Luane, Cassica, Dzinda and Gulo.

For the purposes of this resettlement, 289 families were identified as directly affected by the

2 3 https://www.jindalafrica.com https://www.jindalafrica.com/countries/mozambique

project. To manage this process a Technical Commission to Monitor and Supervise the Resettlement was established, as well as a Resettlement Action Plan for the mining concession area’s resident population. 4

These 289 affected families are still awaiting the implementation of a resettlement process that began in May 2010. These 289 families are living within mining concession 3605C, in a polluted environment, dangerous to public health, mainly due to the frequent use of explosives, which cause not only noise pollution, but also huge clouds of coal dust that is highly harmful to health.

JINDAL’s activities also have consequences regarding soil and water contamination, and contribute significantly to the social and cultural disruption of affected families, to the destruction of traditional values and habits, to the loss of families’ livelihoods and to increasing their cost of living, to the violation of their right to free movement and

Jindal - A Classic Example of Corporate Impunity

4 The composition and functioning of the Technical Commission to Monitor and Supervise the Resettlement are provided for in Articles 6 and 7 of Decree 31/2012 of August 8 th , which approves the Regulation of the Resettlement Process Resulting from Economic Activities.

Mozambican justice and the rights of the communities affected by the activities of Jindal Mozambique Minerais, Ltd their right to demonstrate, and to the intimidation of community leaders and obstruction of the work of civil society organizations by preventing their access to affected communities.

This case study of Justiça Ambiental (hereinafter referred to as JA) seeks to explain, in a succinct manner, the contours of Mozambican justice system’s monitoring, in relation to safeguarding the land rights of communities affected by JINDAL’s activities in Tete.

JA is one of the civil society organizations that has carried out monitoring activities to defend the rights to the land and the environment of the communities affected by the mining of mineral coal by JINDAL, in the Marara District of Tete Province, through research, including regular fieldwork with affected communities, contacts with the Government and JINDAL.