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4 May 2016

Winnie Otieno, Daily Nation (Kenya)

Africa: Proposed legislation on land acquisition in mineral-rich areas to reduce conflicts between investors & locals

"Mining stakeholders in Africa set to have a common law"

The push by various mining stakeholders in Africa to have a common mining law is set to be achieved as a model mining law is set to be launched in Kenya this week. Once adopted, the law, which is a product of a synthesis of case studies, will solve a number of issues affecting communities living in areas endowed with natural resources. “The studies were carried out in communities in five countries among them Angola, DRC, South Africa, Zimbabwe and in Kenya [where it] was carried out in one of the oldest mining areas, the Kenya Fluorspar Mining in Kerio Valley,” said International Alliance on Natural Resources in Africa (Ianra) coordinator Anne Mayher...

Among the principles in the document are setting procedure of acquisition of land and resettlement of people whenever minerals are discovered in their ancestral land. It also calls for easy and quick access to justice with calls for the State to bear the primary responsibility by setting up independent and accessible grievance mechanisms composed of a panel of environmental, legal and social experts which shall be established through a community consultation process.