Human Rights Perspective of Mining Induced Displacement and Resettlement Research Paper

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Introduction

Background

The present-day economic development gives rise to a substantially greater magnitude of resettlement in comparison to ten years ago. In the past six decades, the worldwide magnitude of development-induced displacement and resettlement has fully-fledged to an approximated 250 million to over 400 million people (Terminski, 2012). Across the globe, development projects have resulted in approximately 15 million people facing displacement on an annual basis (Van der Ploeg and Vanclay, 2017). Even though mining is not deemed to be a statistically significant classification of development-induced displacement, the social costs of mining exploitation are substantial.

The issue of mining-induced displacement and resettlement is an international predicament, taking place in all continents around the world. Nations that have especially massive scale MIDR comprise of China, Indonesia, India, and several nations in the African continent such as Botswana and Ghana (Terminski, 2012). As much as mining-induced displacement is an international phenomenon, the difficulties faced by those displaced in numerous expanses of the world vary greatly. The social and human rights issues impacting displaced populaces are different contingent on where they reside. Resettlement instigated by mining is part of the wide-ranging context of development induced displacement and resettlement (Terminski, 2013).

Problem Statement

Off late, the mining industry has become exceedingly embedded in various intricate and belligerent social policy deliberations, including business and human rights, conflict minerals such as blood diamonds, and negotiated agreements. Displacement and resettlement of the affected communities seem to be some of the emanating subject matters and policy deliberations that have gained the attention of the industry. For the most part, the mining industry is linked with decisions that have significant social repercussions.

One of the adverse impacts of mining in the present day encompasses the coercing and pushing masses of people to relinquish their current homes and places of residence. In the contemporary setting, mining-induced displacement and resettlement encompass significant social issues and a challenge for human rights (Terminski, 2012). Mining-induced displacement and resettlement (MIDR) are innately intricate, encompassing several social, spatial, and political changes, with long-term effects on people and projects. Whereas there is no intrinsic reason to make the supposition that resettlement ought to be a harmful process, the nature, subtleties, and coping strategies of communities impacted by MIDR are not understood. There is a lack of information to scrutinize the capability of the industry, or impacted communities, to meet the challenges of a setting defined by MIDR.

Literature Review

Regardless of their main aim, and whether instigated by governments or private establishments, massive development and infrastructure projects usually necessitate land. This necessity, for the most part, gives rise to the dislocation of persons and communities residing there. Moreover, even in circumstances where the persons or communities are not necessitated to shift, the project developments may still affect their everyday livelihoods and sources of income, either provisionally or permanently (Vanclay, 2017). In their endeavor to attain growth and development of the economy, host governments are usually swayed by the opportunities of mining linked revenues and infrastructure schemes. Nonetheless, simultaneously, mining may have extensive adverse impacts on the local inhabitants and the environment, harshly endangering the livelihoods and environment depended upon by several people (Noorani, 2013).

Terminski (2013) indicates that mining-induced displacement and resettlement is a wide-ranging global issue taking place in all parts of the world and is not only a socio-economic problem but also a human rights problem. Social problems impacting displaced persons are wide-ranging contingent on where they live. Resettlement instigated by mining is a part of the wider and more extensive framework of development-induced displacement and resettlement. MIDR violates numerous human rights, particularly those of an economic and social nature. Mining projects generate numerous prospects, including revenues, occupation, infrastructure, in addition to resources for social growth and development. Mining displacement and the associated risk to human rights are existent in numerous nations and regions across the globe. Mining-induced displacement and resettlement is not just a problem about of individual human rights defilements, but also relating to shared rights, community-corporation clashes, the fight for resources, access to traditional and arable land, indigenous rights, the problem of sovereignty of tribal persons and local societies, and sustainable development (Aboagye, 2014).

Owen and Kemp (2015) indicate that physical dislodgment, repositioning, and resettlement are extensively recognized as posing a significant social risk. MIDR is significantly signified by factors that take place in 'brownfield' project situations, in the sense that even when the preliminary displacement originates in otherwise 'new' mining developments. Forced displacement and resettlement gives rise to the affected people and communities having to embrace significant risks in the re-establishment of their homes, social relations, employment and professions, and subsistence practices, all of which generate manifold levels of stress (Van der Ploeg and Vanclay, 2017).

Aboji et al. (2019) indicate that insufficient compensation of the displaced results in landlessness and homelessness. Also, the financial capability may become severe, owing to the need for additional funds for renting. Research has established that over 80 percent of the affected populaces live in shelters that are not only transitory but also structurally unsafe. Moreover, even though the advent of development projects implies prospective employment chances, hardly are the local inhabitants hired in the job areas (Madebwe et al., 2011).

Furthermore, Scudder (2005) indicates that during this process of resettlement, persons and families end up being reliant on the company or government for providing their basic needs.

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Also, the social unity and quality of the associations between and within households are interrupted and deteriorated. Ultimately, this generates a heightened sense of inequality, discrimination, and unfairness. Chakroborty and Narayan (2014) indicate that MIDR can give rise to the loss of assets that are both physical and non-physical for local communities comprising home environment, productive land, access to traditional properties, resources, cultural locations, social constructions, and income-generating assets. Owing to MIDR, there is the risk that local communities face in ending up unemployed, impoverished, marginalized, and devoid of access to traditional sources of food while experiencing a loss in social cohesiveness and being forced to deal with the interference of educational and social activities.

Significance

Human rights are fundamental liberties that are accorded to every human being, which have to be acknowledged, respected, and upheld at all times. It is necessary to assess and understand human rights issues in the context of mining-induced displacement and resettlement to ascertain the positive and negative impacts of MIDR and the measures that can be undertaken to ensure that such communities' rights and respected and are empowered in the long run.

Research Aim

This paper will present literature indicating how MIDR facilitates the violation of human rights in different communities and regions across the world. This paper will differ from previous literature as it will not only touch on the violations globally but also seek to ascertain how MIDR can empower the affected communities. It is necessary to assess and understand human rights issues in the context of mining-induced displacement and resettlement as it is one of the major demographic, socio-economic and cultural issues, encompassing changes in population dynamics, health effects, dependencies, economic inequality, and obstruction. These impacts not just financial but social, ethical, and cultural dilapidation, which alter the prevailing lifestyle of the communities holistically (Chakroborty & Narayan, 2014).

International and Human Rights Legal and Policy Framework on MIDR

Human rights allude to the fundamental rights to which an individual is innately entitled, basically because he/she is a human being, and these rights should not only be acknowledged but also respected (Sepuldeva et al., 2004). Human rights are universal, all individuals in the world are entitled to them, and these rights are interdependent, and all have equal status and cannot be ordered (Van der Ploeg and Vanclay, 2017). The following are human rights that ought to be taken into consideration in mining-induced displacement and resettlement:

1. Right to private and family life

International Covenant on Civil and Political Rights (ICCPR) facilitates people to revel in a variety of human rights. According to article 17, no individual shall be exposed to indiscriminate or illegal intrusion with his privacy, family, home or correspondence, nor illegitimate assaults on his integrity and standing. Article 23 clarifies that being the natural and core unit of society, the family has the right to obtain safeguards by the society and the State.

2. Rights of the child

The United Nations Convention on the Rights of the Child sets out the right of every child, irrespective of their disabilities, and racial and religious background. As outlined in Article 24 of the CRC, a child is entitled to enjoy the utmost possible standard of health, and no child should be dispossessed of his or her right to gain accessibility to health care services such as treatment and rehabilitation. Article 28 further indicates that every child should have the right and equal opportunity to obtain an education.

3. Right to information and Right to participation

The United Nations Declaration on the Rights of Indigenous Peoples comprises of the principle of free, prior, and informed consent, which is intended to enable indigenous populations to have the right to participation and consultation before development starts on their ancestral land or the resources in their territory are used. The indigenous populations have the right to gain information in suitable languages and different formats. This encompasses adherence to the principles of inclusion and equality.

4. Right to work

International Covenant on Economic, Social, and Cultural Rights guarantees the right to education and also fair and just work conditions. Article 6 of the ICESCR indicates that every individual should have the right of access to work that one selects and accepts at liberty in addition to the right to food, water, and housing.

5. Right to culture and Right to Religion

Based on Article 15 of the ICESCR, every individual has the right to partake in cultural life in addition to enjoying the benefits of scientific advancement and its applications and also safeguarding the interests resulting from any scientific, literary or creative production. Furthermore, Article 27 of the ICCPR indicates that people from minority groups should have the right to enjoy their own culture, in addition to acknowledging and practicing their religion and using their language.

6. Right to remedy

ICCPR outlines that every state part is mandated to guarantee that any individual whose rights have been infringed is entitled to an applicable remedy, and that such remedy shall be ascertained by proficient jurisdictive, governmental or legislative authorities to develop the prospects of judicial remedy and that the relevant authorities implement the remedies when granted. Such an individual is entitled to full and fair compensation.....

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