Creating Wealth from Rehabilitation of the Kwale Mineral Sands Mine: Ideas for Post Mining Land Use
former agriculture principal secretary. (Photo/ Courtesy)
By Prof. Hamadi Iddi Boga
Email, thecoastnewspaper@gmail.com
Part 2 of 3- How do we proceed with post mining land use planning for the BTL land in Kwale?
Introduction
In 2000 when the Tiomin Inc limited (which was later taken over by Base Titanium Limited – BTL) was seeking the mineral rights license to start mining in Kwale County.
The area community supported by Coast Mining Rights Forum/Coast Watch led by Mwambi Mwasaru; Tiwi Community Based Organization (TICOBAO) led by the late Mwagomba Mwapeu; and Ted Majaliwa, Tsunza Mangrove project coordinator who later worked for BTL.
Others were the Kwale Professionals Forum led by Dr Issa Chipera/Mwarapayo wa Mwachai); the Maumba Squatters Association and the Maumba Land Owners Association led by a certain Mutua all campaigned for proper environmental stewardship and just benefit to the affected communities.
We were concerned about too much abstraction of underground water from the Msambweni aquifer that would lead to salinity of underground water due to invasion of sea water into our wells.
We were concerned that Mkurumudzi river would be polluted, cultural sites desecrated while the Avirizi clan of Mzee Ali Ringi of vidungeni claimed to have one of their Kayas in Maumba.
I remember travelling to Vidungeni to meet Mzee Ringi with his clan to hear their story.
We also feared possible radioactivity exposure (concerns over cancer), and a poor relocation plan (low compensation for land, houses and places of worship and relocation of graves).
This was complex. What happened is a story for another day.
What is important is that because we were very afraid, we mobilized a coalition of partners like ActionAid, KHRC, and Amnesty International to demand accountability and transparency.
The same vigilance that informed the entry of BTL, should be applied to the exit process to make sure that we are not left quarreling amongst ourselves over an abandoned mining site.
Post Mining Land use planning
Post Mining Land use planning guiding principles are a complex affair that have implications on the environment, the investor and the people near the mining area.
As a result of that, the post mining land use at the Base Titanium mine in Kwale must be informed by the essential best practices globally, the sociopolitical situation in Kwale, the recommendations of the environmental management plan, and the geophysical and biological characteristics of the mine site.
The BTL must demonstrate that they have complied with the law and attendant regulations and that they considered all possible risks and taken steps to mitigate them as outlined in the Environmental and Social Impact Assessment Reports and Management plans that were done before the mining started.
The County Government working closely with lead Government agencies (like NEMA, NLC, KALRO, KEMRI) must reassure all stakeholders that they understand the process and that they are able to supervise a responsible post mining land use planning process on behalf of the people of Kwale.
This exercise should not be taken casually and should be driven by professionalism.
The County Government and the responsible National Government agencies must ensure the following principles are applied to the land use planning process.
Environmental Rehabilitation and Restoration: It is important that there is environmental rehabilitation and restoration of the mined areas to return the land to a productive state.
The rehabilitation must follow the best practices for land reclamation, including soil remediation, re-vegetation, and water management.
BTL has been rehabilitating the land as they mined and have proposed a post mining land use plan based on the foreseen state at the end of mining.
Community Engagement and Consultation: There must be meaningful engagement with the local community throughout the closure process.
I repeat meaningful engagement. The County Government working with BTL must establish a community advisory committee to facilitate ongoing communication and collaboration between the company and the community as we head towards mine closure.
The advisory committee must be comprised of people who can advise and not be used as a means for rewarding political operatives and cronies. This is a serious matter. The only thing acceptable is professionalism and international best practice.
Sustainable Post-Mining Land Use: The sustainable post-mining land uses must align with the local context and community needs, such as agriculture, eco-tourism, training institutions, industrial, educational or renewable energy projects.
It must consider the economic, social, and environmental benefits of different land use options and prioritize those that promote long-term sustainability.
Legacy Planning: The PMLU must address the legacy of the mining operation and outline plans for monitoring and managing any ongoing environmental impacts or liabilities.
There must be a trust fund or other financial mechanisms to ensure the long-term maintenance of rehabilitated land and infrastructure and other projects as required by the law.
There must be robust monitoring and reporting framework to track progress on rehabilitation efforts and address any emerging challenges through independent audits.
According to the Mining act 2016 section 180. (1) The Cabinet Secretary shall not grant a prospecting licence, a retention licence or a mining licence and mine closure to an applicant, unless the applicant has submitted mitigation and rehabilitation or mine-closure plans for approval.
In sub-section (2) of section 180 the law says that the Cabinet Secretary may prescribe regulations for site rehabilitation and mine-closure obligations.
As we stand, I do not remember seeing any such regulations. Further, section 181 (1) an applicant for a prospecting license or a mining license shall provide a bond or some other form of financial security in this section called an environmental protection bond sufficient to cover the costs associated with the implementation of the environmental and rehabilitation obligations of the holder under this Act. (2) An environmental protection bond required under subsection (1) shall be in a form and for an amount as may be determined by the Cabinet Secretary having regard to the characteristics of the project.
NEMA is supposed to administer such a bond and it would be interesting to know whether such a bond exists, how much it is and whether it is being audited as required by law.
Skills Development and Employment Opportunities
There must be programs that support skills development and provide alternative employment opportunities for affected workers post-closure and affected communities. There should be partnerships with local educational institutions or vocational training centers to enhance the capacity of the local workforce.
The 6000 acres should therefore be used to drive economic activities that will create jobs and wealth for the people of Kwale and Kenyans at large to the same scale as BTL or even larger.
It should not be in our imagination to divide into 5-acre plots for people to grow cassava. Neither will it be in our interest to physically settle people there, as some parts of the mine will be monitored for the next 15 years.
Stakeholder Collaboration
There must be total and transparent collaboration with government agencies, NGOs, academia, and other stakeholders to leverage expertise and resources for successful post-mining land use planning.
The process must be conducted in an atmosphere of transparency and accountability as decisions are made related to land rehabilitation and future land use.
This is the most critical point which could make the exercise succeed or fail. Our appetite for land grabbing is well known.
This is the time to demonstrate that we have learned from our bad history and that we are ready to use resources for the benefit of the public good.
Conclusion
The County Government must accept its responsibility of taking stewardship of the process on behalf of the people of Kwale in the planning process.
The National Land commission must play its constitutional role as regards public land.
The new Cabinet Secretary for mining must ensure that the site is handed over back to the people of Kwale in as close a-form and shape as it was when it was handed over to BTL and ensure that, all areas of potential risk and conflict have been mitigated.
Base Titanium Limited must hand over to the Government (County & National) a mine closure report that outlines in detail the state of the mine at handing over and the M&E plan for the next 15-20 years.
For the 12 years that BTL has been mining, it has been giving royalties to the government, 30% of which are supposed to go to the County of Kwale translating it to 20% for County and 10% for communities.
As we are talking about closure of the mine, and before BTL moves from the site, the national and county governments should tell the Kwale people how much is due to them from royalties in a public and transparent manner.
The national government through the Ministry of Mining should put in place the legal framework for transferring the 10% that goes to the community.
I wonder why this has not been done to date. I am advised the amount accrued now stands at Ksh750 million.
The County government should have a transparent way of planning for and using the 20% royalty standing at Ksh1.7 billion and to ensure it is used for impactful projects not toy babylike investments.
Only by taking these issues into consideration and acting intentionally in the interest of public good can the post mining land use process lead to a comprehensive and sustainable closure of mining operations in Kwale, Kenya.
Part III: Proposed projects for the 6000 acres on BTL land post the mining exercise to be continued tomorrow… (The piece on what base has proposed to do and what I think should be done and how).
Prof Boga ~ immediate former agriculture principal secretary and gubernatorial candidate of 2022 general election
