7. Conclusions

1. While the First Section of the Administrative

Court’s decision was praiseworthy for its courage and uprightness, the slowness of the procedures described above in the aforementioned judicial institutions is a major contributory factor in perpetuating violations of fundamental human rights of affected communities. This case is a clear example of this. 2. The aforementioned judicial institutions are insensitive to deadline breaches and to the urgency of cases concerning human dignity and fundamental rights on community land, which is the sole and primary source of their survival. 3. Although communities complain that the water and food they consume are contaminated by dust from coal mining operations, no government intervention to reverse the situation has occurred yet. 4. It is worrying that, although there is sufficient evidence of violations of the rights of communities affected by JINDAL, the State, through its executive, the Public Prosecutor’s Office and the Legal Aid and Sponsorship Institute (Instituto do Patrocínio e Assistência Jurídica – IPAJ), does nothing to protect the rights of those communities. This conduct of the State is contrary 5. to the law and leaves the citizen in a very vulnerable position. The aforementioned Judgments of the Administrative Court of the Province of Tete acknowledge that the peasant families in question have not been resettled and that they live within the mining concession in which JINDAL operates. However, at the same time, these same judgments argue that JINDAL is carrying out the resettlement and compensation of the affected families, despite not demonstrating the criteria and deadline for their implementation. Strangely and curiously, the same judgments deny the existence of any violations of the fundamental rights of these families, which is a frightening and worrying nonsense, since this is a court whose function is to guarantee and strengthen legality as a factor of stability, to ensure the respect of laws and to ensure the rights and freedoms of citizens. In short, practice reveals that the legal terms defined to improve the living conditions of the communities affected by the extractive industry, especially the mining industry, are not being implemented in a correct and transparent manner, which has had a negative impact on the satisfaction of the rights

Jindal - A Classic Example of Corporate Impunity

Mozambican justice and the rights of the communities affected by the activities of Jindal Mozambique Minerais, Ltd and interests of the affected population, especially, as demonstrated above, due to an oversacrifice of economic, social and cultural rights of those affected.

From JINDAL’s case, and from many other examples of megaprojects implemented in our country and in the world, there are two conclusions that we think should be seriously taken into consideration:

Firstly – as perfectly illustrated by this case – this type of activity is more often responsible for conflicts and problems for the affected communities than for improvements in their living conditions. It is irrefutable. Consequently, we have to ask yet again: Is this “development” model valid? Is it viable? Is it legitimate for us to make life even harder for some of the most vulnerable communities in the country for the sake of a “development” that does not benefit them? Shouldn’t they be the first to benefit from that “development”?

Secondly, we feel that the State should take a more proactive stance if it really wants to take care of Mozambican interests. It’s inaction, as well as the slowness that usually characterizes its interventions, invariably serves the interests of offenders and only brings it discredit.

Author: Justiça Ambiental

* All information contained in this article, which refers to Jindal Mozambique Minerais Ltd and the communities affected by it, is based on the field visits, meetings and studies carried out by JA’s Team, and in the legal proceedings initiated by JA, except where other sources are quoted

Jindal - A Classic Example of Corporate Impunity

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

Jindal - A Classic Example of Corporate Impunity Mozambican justice and the rights of the communities affected by the activities of Jindal Mozambique Minerais, Ltd