Villagers in Zambia’s agricultural and fishing communities are taking legal action against First Quantum Minerals (FQM) of a Canadian mining company. Community members argue that when FQM resettles in areas outside the new mining area of FQM, they do not comply with Zambian laws and international resettlement standards.
People living near Kansansi and Sentinel Mine in Zambia’s northwest western province say that thousands of local residents have left their homes since 2005, with up to 4,000 others who are said to have lived near Sentinel Mine since 2012.
The FQM is the overall owner of the two mines and is publicly responsible for policies governing community resettlement. Since the company launched its domestic operations in 2005, the mine has grown dramatically, increasing its profits of around $5 billion last year. Locals argue that the rapid expansion of the mines has “forced” families from traditional and cultural homes, causing many to fall into poverty with little or no access to traditional food and sources of income.
The FQM, which made annual profits last year, has officially registered $1.3 billion in annual profits in Vancouver, Canada, but Zambian communities argue that the relevant policies implemented at Zambian mines should be heard in the UK courts as the UK’s related policies have been devised. It is the sixth largest copper producer in the world, and it mines gold and nickel in Zambia.
Potential claimants whose families descend from indigenous communities, which have primarily lived in the Northwest states for generations, say they have resettled in inappropriate areas without being provided with alternative farmland or given for loss of arable or communal land. Locals traditionally built homes, gathered wild fruits, hunted, fished and raised on land they owned under Zambia’s customary tenure. Much of this land is surrounded by fences and barbed wire as a result of expanding mining operations in the area.
Testimonials heard by the community legal team on Leigh Day include the following claims:
Households forced to relocate without free, advance or informed consent
Razor wire installed to prevent families from accessing farmland
The house was destroyed before the family could fully pack their belongings or get compensation.
Farmers are left in traps of poverty and have little access to the land, so harvests do not decrease or harvests do not disappear
The rest of the community is scared and anxious about the imminent loss of the home as future expansion is planned in the mines.
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Lee Day’s lawyers are engaged in communicating with lawyers employed in the first quantum minerals as part of the preliminary litigation phase of the legal proceedings.
Residents are represented by partner Benjamin Croft and attorney Walker Shacharinga of the International Division of Lee Day.
Lee Day’s lawyer Walker Shakalinga said:
“The resettlers of Solwezi and Karumbilla say they made a living as a result of FQM’s resettlement. They believe that resettlement is in violation of Zambia’s constitution and land ownership, mining and environmental laws. They are frightening and call for action to correct these mistakes.”
