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Mining ,Environment and the Law: Advocacy and Action-Planning for Faith Groups

Mining ,Environment and the Law: Advocacy and Action-Planning for Faith Groups. , t Lenin Tinashe Chisaira LLM (UCC, Ireland); LLM (London), PGCert ENRL (London) LLB Hons (UZ) People and Earth Solidarity Law Network(PESLawyers) 27 March 2019

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Mining ,Environment and the Law: Advocacy and Action-Planning for Faith Groups

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  1. Mining ,Environment and the Law: Advocacy and Action-Planning for Faith Groups , t Lenin Tinashe Chisaira LLM (UCC, Ireland); LLM (London), PGCert ENRL (London) LLB Hons (UZ) People and Earth Solidarity Law Network(PESLawyers) 27 March 2019 SAFCEI : Faith Leader Environmental Advocacy Training Programme Cresta Lodge, Harare

  2. About PESLawyers @PESLawyers www.peslawyers.org

  3. Outline - Overview- Mining and Southern Africa- Laws and Policies- Theoretical Approaches to Law- Effect of Mining- Way Forward - Conclusion & Exercise

  4. Overview - The world at a crossroads - corporate and state collusion.-Environmental justice and environmental justice movement building

  5. Mining -Zimbabwe and Southern Africa was built by primitive resource extraction and accumulation, - from the days of the Cecil John Rhodes, the Pioneer Column to the modern-day foreign investors

  6. The effects of mining in Zimbabwe - Mining communities and workers in Zimbabwe and Southern Africa remain worse off - The laws are trampled upon - Environmental effects include water and air pollution, deforestation, contributions to greenhouse gases, land degradation, human and animal rights violations.-

  7. Our Work Mining and Extractives Programme- Legal, Scientific and Policy Research-Public Interest Litigation-Campaigns & Movement Building-Communication

  8. Laws and Policies Sources of Mining, Investment and Environmental Laws- Legislation- Common law- Custom- Authoritative texts- Law reports

  9. Some relevant Laws and Policies - Constitution of Zimbabwe, - Environmental Management Act, - Mines and Minerals Act, - Labour Act- Civil Protection Act-ZIA Act-SEZ Act-Indigenisation and EE Act

  10. Theoretical Approaches to law - Understanding environmental law and justice in this era desires an understanding of the general theoretical underpinnings governing law formulation. -Natural Law-Positive Law- Realist Theory of Law- Marxist Legal Theory- Where do we place Zimbabwe?

  11. Some relevant Laws and Policies (Cont’d) Our Policies are neoliberal- Transitional Stabilisation Programme,--Zimbabwe is Open for Business--interests and attraction of foreign private investors--privatisation--join ventures between State and Capital--Special Economic Zones--prohibitive EMA charges...whatever that means!

  12. Way Forward - There is lack of implementation of mining and related laws and policies- Laws are inadequate and archaic, - corporate sided.-Need for robust campaigns to stop corporates from land degradation, waste, energy consumption and ghg emissions and human and environmental justice violations

  13. Way Forward (Cont’d) - The environment and mining investments are no longer the sole concern of environmental agencies, activists and civil society- All groups must come together: environmental lawyers, community groups, youths, women, labour and in this case faith groups- Faith groups have the reach on almost all corners of the world unlike some if us who are limited y resources- There is need however for experience sharing in our different strategies, be it our legal issues and the faith groups ‘earth keeping’

  14. Conclusion: Exercise (30min)

  15. Thank You www.peslawyers.org @PESLawyers

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