Draft Mine Community Resettlement Guidelines, 2019 Table of Comments

The Centre for Environmental Rights (CER) provides a table of comments and proposed amendments to the 2019 Draft Mine Community Resettlement Guidelines. The CER argues that the guidelines must move beyond simple consultation toward Free Prior and Informed Consent (FPIC), expand the definition of compensation to include non-material losses, and ensure that resettlement processes are enforceable through amendments to the Mineral and Petroleum Resources Development Act (MPRDA).

• The CER argues that the draft guidelines' focus on 'meaningful consultation' is insufficient given the 'devastating impacts resettlement can have on family and community life and cohesion'. They propose that the principle of Free Prior and Informed Consent (FPIC) be required instead, which would empower communities to negotiate better terms and ensure they can restore or improve their status quo post-resettlement.
• The CER contends that the draft definition of 'Compensation' is 'too limited' because it only covers cash payments or in-kind contributions for assets. They propose expanding the definition to include 'general losses such as pain and suffering and loss of quality of life', as well as losses related to 'livelihood, heritage or cultural connection to the land'.
• The CER identifies a legal gap regarding the enforceability of the guidelines, noting that the provision preventing mining activities from commencing until a resettlement agreement is reached is 'not provided for in the MPRDA'. They state that the MPRDA must be amended to facilitate the 'escalating of the Guidelines to (enforceable) Regulations'.
• The CER expresses concern over the requirement for resettlement agreements to be signed by 'authorised representatives' of mine communities. They warn that traditional leaders may sign binding documents without community consultation, and note that the Traditional and Khoisan Leadership Bill (section 24) could allow leaders to sign agreements 'without having to seek their consent'.
• The CER recommends several additions to the consultation and stakeholder processes, including the explicit inclusion of the Department of Social Development, as it is often 'overlooked when it comes to mining related matters'. They also propose that technical information be presented in 'plain language' and translated into the area's dominant language.
• Regarding compensation calculations, the CER argues that a 'guiding mechanism' is crucial because the current lack of a standard formula makes it difficult to determine 'adequate compensation', especially where 'poverty and inequality exacerbates the power differential' during negotiations.

APA

Centre for Environmental Rights (2020). Draft Mine Community Resettlement Guidelines, 2019 Table of Comments. https://cer.org.za/wp-content/uploads/2020/02/CER-Comments_Community-Resettlement-Guidelines_January-2020.pdf?x21779

Chicago

Centre for Environmental Rights. Draft Mine Community Resettlement Guidelines, 2019 Table of Comments. 2020. https://cer.org.za/wp-content/uploads/2020/02/CER-Comments_Community-Resettlement-Guidelines_January-2020.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=Draft Mine Community Resettlement Guidelines, 2019 Table of Comments |date=January 2020 |url=https://cer.org.za/wp-content/uploads/2020/02/CER-Comments_Community-Resettlement-Guidelines_January-2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2020draft, author = {{Centre for Environmental Rights}}, title = {{Draft Mine Community Resettlement Guidelines, 2019 Table of Comments}}, institution = {Centre for Environmental Rights}, year = {2020}, month = jan, url = {https://cer.org.za/wp-content/uploads/2020/02/CER-Comments_Community-Resettlement-Guidelines_January-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }