Network member @AJK from Zambia wrote the following after going through this resource on Contemporary Processes of Large-Scale Land Acquisition in Sub-Saharan Africa: Legal Deficiency or Elite Capture of the Rule of Law?
Unfortunately, this is a common situation across the globe. I wanted to start this post to ask for some additional resources or advice from @marenabrinkhurst or @jaronvogelsang.
Or perhaps @inclusivedevelopment has some input from their experience of companies forcibly evicting communities from their land?
A great question @AJK - thank you for bringing it here @michaelotto
Mining in particular is challenging when it comes to dispossession and displacement. In many countries, the legal framework leaves sub-surface resource rights (to minerals, oil & gas etc.) to the government. Even if individuals or communities have surface rights to their land, they can be displaced if the government wants to get at the sub-surface. However, land rights can help with ensuring proper consultation and compensation for those displaced.
In the situation you describe, @AJK, has the mining commenced or is it still being planned? It may be possible to request support through the Lawyers for Resource Justice initiative - I can discuss this more with you if you are interested.
Happily, @AJK is with the Petauke District Land Alliance - one of Namati’s new Community Land Protection partners! So we will have lots of opportunities to learn and strategize together going forward!