The Role of Mining Companies in Promoting Children’s Right to Education, Health, Sanitation & Water

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By Geoffrey Chongo and Norman Chavula

Centre for Trade Policy & Development
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ACKNOWLEDGEMENTS
The research team would like to thank all the people who contributed in one way or another to make the research
possible.
Sincere appreciation goes to the following individuals who participated in the interviews.
i. The Lufwanyama District Council Secretary for allowing the research team conduct interviews with
……Lufwanyama District Council Staff.
ii. Mr. Ken Bwembya and Mr. Vincent Lungu from the Lufwanyama District Council for the provision
….. of information on the district and mining activities taking place in the district.
iii. Mr. Nobert Mwanza, Mr. Kakusa, and Mr. Kabinga from the Lufwanyama District Health office for
….. the provision of information on health facilities and other health related issues in relation to mining
….. activities taking place in the district.
iv. Mr. Sylvester Mukande, the Lufwanyama DEBS for the provision of information on education and
…..other information relating to mining activities taking place in the district.
v. Ms Bernadette Mulenga, the Community and Social Services Unit Manager for Chibuluma Mines for
…..providing information on community activities being undertaken by the mine as well as other
…..information on the district.
vi. Mr. Davy Phiri the Human Resources Manager at Gemcanton mines for providing information on the
….. community projects undertaken by the mines in the communities and other information on the district.
vii.Mr. Edwin Mbimbi the Corporate Social Responsibility Officer of Gemcanton Mine for providing
…..information on the work being conducted by the mine in Lufwanyama District and other information
…..on Lufwanyama District.
viii.Her Royal Highness Chieftainess Shimukunami for providing information on the chiefdom as well as
…..the mining activities in the district.
ix. Mr. Yotam Chitundu from the Ministry of Community Development and Social Services for providing
…..information on the district as well as mining activities in the district.
x. Mr. Jackson Banda from the Chamber of Gemstone and Mineral Mines in Zambia for providing
…..information on gemstone mining in the district.
xi. Mr. Shadreck Mwape from the ESMAZ for providing information on gemstone mining in the district.
The team also wishes to thank the community members who participated in adult and youth focus group discussion
in Chinemu, Kapilamikwa, Mibenge and Nkana areas of Lufwanyama district, who at the time of preparing
their fields for the farming season found time to come and discuss their experiences with the research
team.
The wealth of information provided was valuable to this work and in the production of this report.
Thanks to all of you and wishing you God’s blessings
The resources used by Save the Children for this document have been
financed through Swedish Development Assistance. Responsibility for
the content lies entirely with the publisher. Sida does not necessarily
share the expressed views and interpretations.
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TABLE OF CONTENTS
ACKNOWLEDGEMENTS i
ACRONYMS iv
1. CHAPTER ONE: INTRODUCTION 1
1.1 Context 2
1.2 Statement of the Problem 3
1.3 Main Objectives 3
1.2 Specific Objectives 3
1.3 Research Questions 4
2. CHAPTER TWO: LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK 5
2.1 Introduction 5
2.2 Definition of Concepts 5
2.3 Mining and the Local Economy 5
2.4 Mining and the Environment 6
2.5 Mining and Human Rights 6
2.6 Social Corporate Responsibility 7
3. RESEARCH METHODOLOGY 7
4. RESEARCH FINDINGS 8
4.1 Mining Companies in Lufwanyama District 8
4.2 Contribution of Mining Companies towards Enhancement of Children’s Rights 8
4.3 Contribution of Taxes by Mining Companies Central Government and Local Authority 20
4.4 District Development Planning Process and Community Participation 20
5. DISCUSSION OF FINDINGS 22
6. CONCLUSION AND RECOMMENDATIONS 26
6.1 Conclusion 26
6.2 Recommendations 27
7. REFERENCES 29
8. ANNEXES i
1.1 FOCUS GROUP DISCUSSION GUIDE i
1.2 INTERVIEW GUIDE TO THE MINING COMPANY ii
1.3 INTERVIEW GUIDE FOR GOVERNMENT, LOCAL AUTHORITIES AND OTHER
STAKEHOLDERS iii

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LIST OF FIGURES
Figure 1: Multipurpose Hall Constructed by Chibuluma Mine at Milemu School 9
Figure 2: Children at Milemu School (Uniforms Provided by Chibuluma Mine) 10
Figure 3: Bore at Kamuchanga School Donated by Chibuluma Mine Plc 11
Figure 4: Text Books Donated to Kamuchanga School by Chibuluma Mine Plc 11
Figure 5: Lumpuma Secondary School under Construction by Gemcanton Mine 12
Figure 6: Pilala Health Centre Constructed and Supported by Gemcanton Mine 14
Figure 7: Supplies donated by Gemcanton Mine to Pilala (Kamakanga) Clinic 15
Figure 8: Gemcanton Members of Staff with a Nurse at Kamakanga Clinic 15
Figure 9: Incinerator at Pilala Clinic Constructed by Gemcanton Mine, Contributing to Enhancing Public
Health through Hygienic Disposal of Clinical Waste 16
Figure 10: Nkana Health Centre Constructed by Kagem Mine 17
Figure 11: Women’s Skill Development Programme Support by Chibuluma Mines Plc. 18
Figure 12: (From left to right) Ganizani Banda Gemcanton Safety officer, Mrs. Banda Lufwanyama Town
Council Secretary, the Council Chairperson Mr. Moses Chiyuka, Gemcanton`s Corporate Social
Responsibility Officer Edwin Mbimbi and Madam Miniver Mutesa at the Handover Ceremony of the Waste
Bin to Enhance Watse Management 19
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ACRONYMS
AIDS – Acquired Immunity Deficiency Syndrome

CSR – Corporate Social Responsibility

CTPD – Centre for Trade Policy and Development

DDCC – District Development Coordinating Committee

DEBS – District Education Board Secretary

ECA – Economic Commission for Africa

ESMAZ – Emerald Small Mines Association of Zambia

FGD – Focus Group Discussion

HIV – Human Immunodeficiency Virus

HRBA – Human Rights Based Approach

ICMM – International Council on Mining and Minerals

JCTR – Jesuit Centre for Theological Reflection

NGO – Non-Governmental Organisation

PAYE – Pay As You Earn

PPP – Public Private Partnership

RIRDC – Rural Industries Research and Development

SFH – Society for Family Health

UN – United Nations

UNGP – United Nations Guiding Principles (on Business)

WDC – Ward Development Committee

ZCCM IH – Zambia Consolidated Copper Mines Investment Holdings

ZESCO – Zambia Electricity Supply Corporation

ZHECT – Zambia Health Education and Communication Trust
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1. CHAPTER ONE: INTRODUCTION
All children have a right to survive, to develop to the full, and to enjoy a safe, healthy and happy childhood.
They have a right to healthy physical and emotional development, and to live, learn and become full and respected
members of the society. Like all other infants, young children or teenagers throughout the world, share
these rights which in turn will shape their future, the future of their country, and indeed the global future. Yet
in Zambia just like in other parts of the developing world, children are denied their rights, especially the rights
to education and health, and are not protected to other vices such as violence, abuse and exploitation. UNICEF
(2008), argues that in poor countries, children face significant hurdles in securing even the most basic standards
of survival and development. Compromised by poverty and ill health even before birth, many children
suffer the successive blows of malnutrition, inadequate schooling, poor housing and exposure to danger and
harm. Such deprivation has a strong tendency to reproduce itself, as the disadvantages faced by chronically
poor girls and boys reduce their opportunities and capacities as adults to provide a better start for their own
children.
When business entities begin working in an area, children are rarely regarded as stakeholders and there is
a low tendency among these businesses to respect and support children’s rights. However, even when these
businesses do not directly have contact with children, children are affected in many ways by the presence and
operations of these businesses. For instance the children are part of the families that are displaced to pave way
for the mining activities. Children can be victims of the pollutions and environmental degradation caused by
these companies, and even when the workers are not sufficiently remunerated, children are part of the families
with low ability to provide their needs such as education, health and other social services. It is for this
reason that children’s rights should be viewed as part of concerns of the businesses operating in their areas.
Management of these business entities and other stakeholders must therefore become aware of how their businesses
impact on the rights of children and their responsibility to contribute towards increased access to these
rights by children. This research was therefore conducted to assess the role of mining companies operating
in Lufwanyama District of the Copperbelt Province of Zambia, in promoting improved access to children’s
rights vis-à-vis access to health, education and social protection. The study focused on assessing the level of
mining company’s support to improved access to children’s rights as well as community’s involvement in
prioritisation of development projects financed by mining companies. The research also sought to provide
recommendations on how best the mining companies in Lufwanyama could contribute to enhanced access to
children’s rights as well as generate useful information for dialogue and policy reforms in Zambia regarding
children’s rights access promotion. Results from a recent rapid assessment exercise undertaken by JCTR in
Lufwanyama district to understand works that Save the Children International and other partners have been
engaged with in relation to promoting children’s rights revealed a very low level of access to children’s rights.
The study adopted a purposeful visit to mining companies and communities in Lufwanyama to hold interviews
and interrogate the level of support rendered by mining companies to communities. The findings of the study
was intended to inform the advocacy strategy of Save the Children partner organisations in the pursuit for
improved access to children’s rights.
1.1 Context
Lufwanyama district lies about 105 kilometres South-West of Kitwe in the Copperbelt Province. According
to the 2010 census report, Lufwanyama has a population of 78,503. The 2015 Living Monitoring Survey estimates
that 56% of the Zambian population is below twenty years and the picture for Lufwanyama is not any
different as the majority of the population is youthful. While Lufwanyama is highly endowed with the world
best emeralds and hold the second largest emeralds deposits in the world, it is among the least developed
districts in the country. The district has six chiefdoms – Nkana, Lumpuma, Mukutuma, Shimukunami, Funguluwe
and Shibuchinga, which share their boundaries with Kitwe, Kalulushi, Mpongwe, Masaiti, Luanshya,
Chingola, Kasempa and Solwezi.
Mining is the biggest economic driver beside timber production and farming. The district has over 200 people
with mining license but only a few are active that include Kagem and Gemcanton, which mine emeralds
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while Chibuluma mines copper. Kagem Emerald Mine which was recently acquired by Gemfields is the world
single largest producer of emeralds accounting for about 20% of global emerald production and produces
the best emeralds. All the mining companies in Lufwanyama like most mines in Zambia are privately owned
with limited government ownership in some mines such as Kagem where government owns 25% through
IDC. Their contribution to development is largely through dividends, corporate tax and mineral royalties to
central government and land rates to local authorities. Kagem for instance is reported to have paid Industrial
Development Corporation, IDC (Zambian Government holding company) US$14 million in dividends in
2015 in addition to US$43 million paid for the previous three years in corporate taxes and mineral royalties
(Zambia Daily Mail, 2017). Some mining companies have gone beyond these statutory ways of contributing
to development and have designed social corporate responsibility programmes through which they support
local communities’ development initiatives and contribute towards the improved access to children’s rights to
education, health and social protection.
While Lufwanyama boasts of having the Kagem emerald mine, world’s largest emerald mine, the district is
still one of the least developed in the Copperbelt Province. Education and health infrastructure remains poor
and restricted to the main road. While government has recently built a few infrastructures including a district
hospital, Civic Centre and a Police Station; some government departments, such as community development,
have continued being housed in Kalulushi. Government recently built a hospital but it lacks accommodation
for health staff. Access to education too remains low because of long distances to schools as well as lack of
tertiary institutions. The district has no single tertiary institution despite housing four secondary schools.
Lufwanyama residents complain that very few local people are able to find jobs in the mines as the mining
companies prefer to hire people who are already experienced in mining and those with the required qualifications
and skills from other towns. This has left most local people with limited livelihoods beside peasant
farming and illegal mining.
Mining has the potential to reduce poverty and contribute to sustainable development if revenues from mining
are prudently used. The contribution of emeralds as well as copper to the development of Lufwanyama in
particular and Zambia at large has remained low thereby not contributing significantly to improved access to
children’s rights to health, education, water and sanitation as well as social protection.
Given this low level of access to social services such as health, education, social protection and water and
sanitation generally in the country and in Lufwanyama in particular, the Jesuit Centre for Theological Reflection
(JCTR), has over the years been advocating for improved social service delivery in order to afford
human dignity and have a society where everyone enjoys fullness of life. It is in a bid to continue on the path
of promoting social justice and improved access to children’s rights to education, health, water and sanitation
as well as social protection that this study was conceptualized.
1.2 Statement of the Problem
The mining sector in Zambia plays an important role in the country’s development both as a source of employment
and foreign exchange earnings. It accounts for 12% of Zambia´s GDP, about 80% of total export value
and 30% of tax revenue and saves as a significant source of government revenue and formal employment, both
directly and indirectly (World Bank, 2016). Mining has a multiplier effect in development as it creates jobs
directly and indirectly, contributes to infrastructure development as well as to the well-being of communities
through corporate social responsibility programmes targeted at improved access to education, healthcare and
transfer of skills. When mining sector is well managed and linked with the rest of the economy through diversification,
value addition and local community supply systems; business opportunities are created, and wealth
generated for local and national economies.
However, local communities in Lufwanyama continue to complain that mining activities have not significantly
contributed to the promotion of children’s right to education, health, water and sanitation as well as social
protection for their families. Mining is not making significant contributions in Lufwanyama and Zambia in
general due to lack of linkages between mining activities and the rest of the economy. Poor infrastructure,
low value addition and smuggling and unaccounted for emerald trade remain rife; low revenue contribution
and generally fewer benefits to communities continues to characterize emerald mining in Zambia (Cross et
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al., 2010). Despite formal and regulated small scale mining contributing about 80% of the country’s emerald’s
production, there is little to show for in Lufwanyama(Environmental Commission for Africa, 2002). Revenue
contribution to central and local government remains low and CSR programmes are few and uncoordinated.
Children’s access to the rights to health, education and water and sanitation, which are critical to ensuring
dignified standard of living thus remains low in Lufwanyama.
1.3 Main Objectives
To assess the role and level of contribution of mining companies in Lufwanyama to promoting access to children’s
rights to health, education water and sanitation as well as social protection.
1.2 Specific Objectives
The following specific objectives guided the study in a bid to achieve the main objective:
i. Carry out a mapping of the total number of mining companies operating in Lufwanyama District and
……establish their contribution towards the enhancement of children’s rights to health, education, water
…. and sanitation as well as social protection
ii. Establish the types and amounts of taxes the mining companies have been remitting to the central
……government and the local authority.
iii. Establish priority spending areas for local authorities and the percentage allocation towards social
…..protection, health and education that target children’s access to rights.
iv. Map out Corporate Social Responsibility (CSR) activities and expenditure by mining firms operating
……in the district.
v. Ascertain the district development planning process and the role community participation plays in
…..identifying priority areas
vi. Identify challenges in revenue collection from mining firms and utilisation towards realising access to
……health, education and social protection
vii.Provide recommendations on how the mining firms operating in the district can contribute to enhanced
……access to children’s rights to health, education and social protection
viii.Generate information for use in awareness raising, dialogue and policy reform for enhanced access to
……children’s rights to health, education and social protection
1.3 Research Questions
The following research questions provided a guide to the study in responding to the above stated objectives:
i. How many mining companies operate in Lufwanyama?
ii. How much in terms of taxes have been remitted to the central government and the local authority by
…..the mining companies,
iii.What are the priority spending areas for the local authorities and what is the percentage allocated
…..towards social protection, health and education that target children’s access to rights.
iv.What are the corporate social responsibility activities being implemented by the mining companies,
….how they are chosen and how much is being spent on CSR?
v. What is the district planning process and what is the role of community members and children?
vi.What challenges exist in collecting mining revenues?
vii.What recommendations can be made for mining companies to improve their contributions to enhanced
…..access to children’s rights to health, education and social protection?
2. CHAPTER TWO: LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK
2.1 Introduction
This chapter reviews the concept of mining as it relates to local economic development, environment and
human rights, especially children’s rights to education, health and water and sanitation as well as social protection.
It also discusses the concept of corporate social responsibility which is usually used to lessen the
adverse impacts of mining activities on communities. The section seeks to set the framework within which the
research findings will be discussed and evaluated as identify gaps that exist in the role of mining companies
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in promoting children rights.
2.2 Definition of Concepts
Mining is defined as the removal of minerals from the earth in the service of man (Down and Stock, 1977 cited
in Acheampong, 2004). Mining has also been defined as the extraction of valuable minerals or other geological
materials from the earth, usually from an ore body, vein, or (coal) seam. Materials recovered by mining
include bauxite, copper, coal, diamonds, iron, precious metals, lead, limestone, nickel, phosphate, rock salt,
tin, uranium, and molybdenum. Mining in a wider sense can also include extraction of petroleum, natural gas,
and even water (Wikipedia, 2017). Mining largely consists of two stages – exploration process which involves
determination of the location and value of the ore and the actual mining and processing of the ore.
2.3 Mining and the Local Economy
Much literature suggests that by its nature, mining comes at a cost to the hosting communities. Mining activities
involve clearing of forests, removal of large quantities of soil particularly in the case of open pit mining,
use of large quantities of water and emission of polluting gases and particles in the atmosphere (Orjuela,
2012).These are the same resources unfortunately many rural households depend on for their survival. Community
members’ access to resources thus is restricted by mining activities and additionally their labour is
not sufficiently absorbed in the mining activities due to lack of appropriate skills except for lowly paid jobs.
It seems while mining activities disrupt economic livelihoods of communities by limiting their access to local
resources, it never compensates them enough with alternative means of livelihoods. According to Pedro
(2004) however, mining has the potential to contribute to sustainable development and poverty reduction. Paul
et al (2017). While accepting that mining may dampen local economy by forcing many families to exit local
farming, they also suggest that mining could create a miniboom in the local economy through higher employment
and wages that can lead to an increase in local-area aggregate demand, including for regional food crops.
The challenge of mining development is thus how to conduct mining activities in a sustainable way – conducting
mining activities and distributing mineral wealth equitably among various stakeholders such as mine
owners, community members and government in a manner that does not compromise the ability of the future
generation to meet their own needs (Jabareen 2008). Mining being the backbone of Zambia and Lufwanyama
in particular has a bearing in determining the success of translating current economic growth largely driven by
mining industry into economic development that sustains the lives of the rural poor and marginalised. Government
has to therefore devise ways of linking mining activities with the local economy by ensuring that mining
revenues are reinvested in the mining areas as well. Mineral sharing mechanisms must be devised to share
mining tax revenues between central government and local communities. Local government tax revenues and
CSR resources must also be well targeted to ensure that sufficient mineral resources reach communities that
are adversely affected by mining activities especially to programmes that support rights of children such as
education, health and water and sanitation programmes.
So while mining has been disputed as an activity that disempowers and disadvantages communities as they
bear a disproportionate share of the economic, social and environmental cost of mining (IIED, 2002), others
such as Ham and Chirwa (2010) argue that economic resilience of such communities may be enhanced when
mining activities reinforces secure access to resources needed to generate livelihoods.
2.4 Mining and the Environment
Mining, especially if not highly regulated has the potential to release harmful substances into the environment
– air, water and soil to the detriment of communities that live around mining areas. Open pit mining,
the commonest form of mining for emeralds and other precious minerals is particularly more damaging to the
environment as the minerals are often only available in small concentration which increases the amount of ore
and surface to be mined (Mission: 2016).
Underground mining as well has the potential to damage the environment through tunnel and land sinking
(Betournay, 2011. It involves large-scale movement of waste rock and vegetation similar to open pit mining.
Additionally, underground mining like most traditional forms of mining do release toxic compounds into the
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air and water thereby contaminating fresh water which pollutes the region around the mine and beyond (Miranda,
Blanco-Uribe Q., Hernandez, Ochoa G., & Yerena, 1998). Deforestation due to mining activities leads
to the disintegration of vegetation that contributes to soil erosion and climate change.
The dust produced during mining operations contains heavy metals commonly associated with health problems.
The dust is absorbed into lung tissues causing problems like pneumoconiosis and silicosis (Paul &
Campbell, 2011). Paul and Campbell further suggest that heart problems, such as angina and heart attacks
may also be associated with coarse particle pollution. Children, elderly people and people with respiratory
conditions such as asthma and bronchitis are more susceptible to the health effects of mining dust. Mining
therefore despite its sustainable development potentials have environmental and health concerns to the general
public and therefore its potential sometimes can be achieved at very huge cost if mining activities are not well
managed through environmental impact assessments of mining activities among other measures. Pre-emptive
actions therefore such as stricter regulations and proper waste disposal strategies can be used to reduce the
costs of environmental damage.
2.5 Mining and Human Rights
Respect for human rights, which includes civil, political, economic, social and cultural rights, is a key aspect
of sustainable development and a minimum standard expected of all businesses. Following the International
endorsement of the UN’s Protect, Respect and Remedy Framework in 2008 and the UN’s Guiding Principles
on Business and Human Rights (UNGPs) in 2011, there is a clear expectation that businesses have a responsibility
to respect human rights (ICCM, 2017). Mining companies world over however have been criticised for
their complicity in the human rights abuses of people especially those living around mining areas (Handelsman:
2002). Labour rights, economic, social and cultural rights such as right to health, education and water
and sanitation have been some of the contentious rights.
The main reason why the issue of human rights and the mining industry is so important is because of the close
relationship between rights (especially economic, social and cultural rights) and sustainable community development
in the vicinity (impact zone) of mines. The exploitation of mineral resources in one way or another
affect the people in the mining operations areas because mining activities in most cases disrupts the routine
lifestyle of people. Handelsman (2002) reports in his study that mining activities affects human rights at all
stages of operations – exploration where access to land is limited, development stage that distorts the local
economy and at the closure stage where main issues are impact of mining activities on the community and
sustainability of the local economy beyond the mining company’s life.
Handelsman adds that since 1990s, human rights have become a major issue because of increased public
awareness of human rights with growing criticism by NGOs and others, of both corporation and states. He further
states that mining companies too are beginning to recognise the changing relationship between business
and society. There is always therefore demand for various stakeholders to be engaged in decisions related to
mining development, operations and closure. A human rights approach to development and poverty alleviation
that includes a focus on the needs identified by poor people and encourages community’s participation is
becoming a model to most mining companies. Handelsman (2002) concludes that mining companies ought to
realise that a greater respect for human rights may even lead to improved business performance as observing
human rights helps protect and maintain corporate reputations, and creates a stable and peaceful society where
businesses can prosper and attract higher quality staff.
2.6 Social Corporate Responsibility
Corporate Social Responsibility (CSR) refers to voluntary actions undertaken by companies to either improve
the living conditions (economic, social, environmental) of local communities where they are operating or to
reduce the negative impacts of company projects (Mining Facts, 2017). Vintro & Comajuncosa (2009) define
CSR as a method of managing a company, which is integrated into the strategy and that harmonises profitability
(the traditional vision of business) with social and environmental actions (the sustainable vision of
development). CSR therefore does not just consist in the realisation of philanthropic activities such as cooperation
with non-governmental organisations, but also involves the whole company and seeks to satisfy all the
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interested parties of the corporation: consumers, workers, shareholders, governments, suppliers and society
in general. For the sake of this study however, CSR will refer to those voluntary actions that go beyond legal
obligations, contracts, and license agreements.
CSR programmes usually invests in infrastructure such water, schools, hospitals, roads, hospital equipment;
building social capital such as providing high school and university education, workshop on gender issues,
information on HIV prevention, improving hygiene or family planning information; and building human capital
such as training local people to be employable by companies and promoting entrepreneur skills such as
animal rearing, crop growing and textile production (Mining Facts). It should however be noted that there is
no generic CRS programme but each programme is designed on the basis of needs and should incorporate at
least three main concerns – environmental, social and economic factors.
3. RESEARCH METHODOLOGY
The study followed a qualitative approach, where Focus Group Discussions (FGD), individual interviews
and observations were used in the collection of primary data. FGDs with community members and children
were conducted in the sampled areas – Lumpuma, Mibenge, Bulaya and Nkana, where mining activities took
place. These were complemented by observation on development activities especially those that were aimed
at enhancing the access to children’s rights to education, health and social protection. The group discussions
were complemented by interviews that were conducted with representatives from the mining companies and
stakeholders who include the district administration, local authorities, government ministries and traditional
leaders.
Purposive sampling was used in the selection of respondents to the interviews as well as participants in the
focus group discussions. This was done to ensure that all the required stakeholders were represented. Through
this process it was ensured that all the various subgroups in the communities were represented. These included
women, men, girls and boys, traditional leaders, political leaders, persons with disability and other groups
within the communities.
The study employed a qualitative data analysis method and specifically the grounded analysis, where themes
from discussions and conversations were compiled and examined in order to draw conclusions, which in turn
formed the basis for making recommendations
4. RESEARCH FINDINGS
4.1 Mining Companies in Lufwanyama District
Lufwanyama district is endowed with numerous natural resources including metals and gemstones, and is said
to be the home of the world’s largest emerald mine, the Kagem Mine. According to Mr Shadreck Mwape the
Coordinator of the Emerald Small Mines Association of Zambia (ESMAZ), Zambia is the second largest producer
of emeralds after Colombia in South America and most of the Zambian emeralds come from Lufwanyama
District. All the respondents in the interviews and group discussions were not able provide information on
the exact number of mines present in the district, but according to ESMAZ, the number of registered mines in
Lufwanyama district is slightly over 200. There are also numerous illegal mines, whose exact number is not
known either by the public or by the Emerald Mines Associations. Regarding the size and ownership of the
mines, there was a large disparity, ranging from miniature mines owned by individuals to larger ones owned
by registered companies. However it was found that the majority of the registered mines were small scale
mines, many of which were inactive. At the time of the study, there were only three (3) major mines that were
operational, namely Kafubu Gemstone Mine (Kagem), which is a subsidiary of Gemfields Mining Company
(75% Gemfields and 25% Zambian government), Gemcanton Mine formerly Grizzly Mine and Chibuluma
Mines. Kagem and Gemcanton are emerald mines, while Chibuluma is a copper mining company.
4.2 Contribution of Mining Companies towards Enhancement of Children’s Rights
It was established that all the three major mines had undertaken community projects some of which are aimed
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at promoting access to health and education as well as water and sanitation, thereby contributing towards the
improvement of access to children’s rights to education, health as well as the right to water and sanitation.
Most of these projects were undertaken using the companies’ Corporate Social Responsibility (CSR) budgets.
Chibuluma Mines is owned by Metorex of South Africa, which has 85% of shares in the mine. The remaining
15% of the shares are owned by ZCCM IH. Metorex is 100% owned by Jinchuan of China. The mine has three
hundred and thirty four (334) employees and contributes 2% to Zambia’s copper production. As part of its
Corporate Social Responsibility, the mining company decided to respond to challenges faced by communities
in the locality where its mine operates. The major challenges faced by the communities included the lack of
schools, health facilities, recreation and decent housing. This led to the implementation of CSR programmes
focusing on education as well as child welfare and development. With a realisation that education is the cornerstone
of development in any country, Chibuluma Mines responded to the challenges at Milemu School,
which at the time only had a single unfinished 1X2 classroom block with no water, electricity, ablution and
furniture. The school, which only went up to Grade Six, had Two Hundred (200) pupils who were learning
without uniforms and desks. The company has implemented projects at the school since 2010, and has since
completed construction works at the unfinished structure and further constructed 2 X 3 classroom blocks, a
teachers’ house, a learning centre and ablution block. The learning centre is a multipurpose school hall, which
houses a computer lab and library. The company has also provided desks and office furniture to the school. In
addition the company has put up two (2) bore holes complete with pumps and water tanks and at the same time
connected the school to ZESCO electricity power. The mining company also donated mobile laboratories,
textbooks and uniforms for pupils (uniforms were complete with shoes and jerseys).
Figure 1: Multipurpose Hall Constructed by Chibuluma Mine at Milemu School
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Figure 2: Children at Milemu School (Uniforms Provided by Chibuluma Mine)
Chibuluma Mine has further supported Chabala Primary School, which in 2010 had a single 1X3 extremely
poorly constructed classroom block for use by three hundred and fifty (350) underprivileged children and
thirteen (13) teachers. The mining company constructed a 1 X 2 classroom block, two 1x 3 classroom blocks
an office and a strong room at the school, and donated uniforms, jerseys and shoes (between 2010 and 2016)
as part of the keeping children in school program.
Another school supported by the mining company is Kamuchanga School, which at the time had one hundred
and ninety (190) pupils from Grade 1 to Grade 5, sharing two classrooms by constructing a 1×2 classroom
block. Furthermore, the company supports the DEBs office with logistics to conduct examinations in the district.
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Figure 3: Bore at Kamuchanga School Donated by Chibuluma Mine Plc
Figure 4: Text Books Donated to Kamuchanga School by Chibuluma Mine Plc
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At the time of the study the research team could not secure an appointment and entry permit into the Kagem
Mining plant for interviews with the mine personnel in charge of CSR or community projects. However information
collected from the Focus Group Discussions indicates that the mining company has implemented
projects in the area of education among communities in Lufwanyama District. Some of the projects mentioned
in the discussions with other stakeholders include:
1.Connection of electricity and construction of new buildings at Chapula Basic School as well as supply of
…sports equipment.
2.Construction of teachers’ accommodation at Kapila Community School.
3.Construction project for Chapula Secondary, which included the supply of furniture, computers and home
…economics equipment.
4.Supply of education materials to schools.
5.Providing sponsorships to vulnerable children in schools.
Information from the DEBS’ office indicated that Kagem mine, just like the Chibuluma mine has supported the
DEBS’ office with fuel to enable it conduct examinations in all the schools in the district.
Gemcanton Mine, which at the time of the study had been in operation in the district for nineteen (19) years
(16½ years as Grizzly Mine and 2½ years as Gemcanton Mine), has supported projects in the communities
aimed at increasing access to education. The company runs Gemcanton Community School, which is 100%
funded by the mining company. The company pays salaries to all the members of staff and has provides accommodation,
food and transport. The school caters for six hundred (600) pupils from grades one up to seven.
The company also built Chantete Primary School and handed it over to the government. Even after handing
over the school Gemcanton has continued to undertake maintenance of the school infrastructure. At the time of
the survey, the company was constructing a secondary school in Lumpuma Chiefdom. The school was at lentil
level and as part of the project, it was envisioned that the school would be supplied with electricity and two
bore holes. Just like the other two companies, Gemcanton Mine supports the ministry of education (DEBS’s
office) with logistics for conducting examinations in the schools within the district.
Figure 5: Lumpuma Secondary School under Construction by Gemcanton Mine
Even with the assistance from the mining companies, Lufwanyama District continues to face challenges in the
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provision of education services. At the time of the study, the district had eleven (11) secondary schools and
out of these only two had boarding facilities. Being the largest district in Copper Belt Province, Lufwanyama
is vast and some parts of the district are situated very far away from schools. Children from these areas walk
long distances, affecting their concentration in school because they arrive at school tired. The most affected are
girls who have to take care of other chores such as fetching water and firewood before or after going to school.
Some of the children, whose distance from school cannot allow them to walk daily to and from school, are
forced to rent huts in villages near to their schools. This has left the children, especially the girls, vulnerable to
abuse and has contributed to the high incidences of early pregnancies and diseases, including HIV and AIDS.
In the focus group discussions with youths and children, it was heard that children living as weekly boarders
lacked parental care, and the absence of parental care left the children vulnerable to peer-pressure, causing
them to engage in bad vices such as alcohol and drug abuse.
The district also faces a challenge of accommodation for staff. Most of the schools have insufficient accommodation
for teachers, forcing the teachers to live in makeshift houses in the villages. Most of the teachers
opt to work in the schools that are near to towns such as Kalulushi, Kitwe and Chingola. This where teachers
have to commute from other towns has resulted in high incidences of late coming and absenteeism by teachers,
especially in the rainy season, compromising on the quality of education service delivery. The absence
of accommodation has resulted in a shortage of teachers on most schools further resulting in a high pupil to
teacher ratio. The other challenge faced in the district is that of poor road network, where the only tarmac road
is a stretch of 13 kilometres connecting the district to the road to Kalulushi. Majority of the schools are situated
away from this road and are difficult to access, especially in the wet season. This situation has negatively
affected the provision of quality education in the district. Teachers are reluctant to work in most of these areas
resulting in shortage of staff and a high pupil to teacher ratio. The DEBS’ office has a challenge with transport.
At the time of the study, there was only one motor vehicle, which was bought by Save the Children, to cater
for all the operations of the office in the district. One of the mining companies had promised a vehicle, which
had not been provided by the time the study was being conducted. The shortage of transport has resulted in
challenges in monitoring operations at schools as well as provision of learning and teaching materials.
In addition to the projects aimed at enhancing access to education, the mining companies have implanted projects
that focus on improving access to healthcare.
Chibuluma Mine has worked in collaboration with Zambia Health, Education and Communication Trust
(ZHECT) and Integrated Human Development Trust in making the Voluntary Counselling and Testing of HIV
available to the community and employees and with the Society for Family Health (SFH) in making Cervical
Cancer Screening available to communities. The company has also been conducting Indoor Residual Spraying
for houses in the communities, in their effort to control malaria in the communities. Furthermore, the company
has provided assistance to the district health office to enable them conduct the child health weeks and immunisation
programmes in the district.
Gemcanton Mine makes available the services of a doctor from the mine clinic to attend to patients at Pilala
Clinic, a government health facility, which is situated outside the mine plant. This is in order to cater for
children and other community members who are allowed entry into the mine plant where the mine clinic is
situated. Gemcanton mine provided land for the construction of the clinic at Pilala (Kamakanga). The area had
no clinic and the company in responding to the challenges faced by community members, who travelled long
distances to Kalulushi to access medical services. The area used to have high incidences of maternal deaths
as most people died on the way to Kalulushi for delivery but this time anecdotal data indicates that there is a
reduction in adult, maternal, or infancy mortality with the presence of a health facility at Pilala.
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Figure 6: Pilala Health Centre Constructed and Supported by Gemcanton Mine
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Figure 7: Supplies donated by Gemcanton Mine to Pilala (Kamakanga) Clinic
Figure 8: Gemcanton Members of Staff with a Nurse at Kamakanga Clinic
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Figure 9: Incinerator at Pilala Clinic Constructed by Gemcanton Mine, Contributing to Enhancing
Public Health through Hygienic Disposal of Clinical Waste
As for the Kagem Mine, it was established in the discussions with other stakeholders that Kagem Mine has
implemented a development project of upgrading the Nkana health post to a four-ward mini hospital and has
built four (4) staff houses, an incinerator and water tank. The company has also supported the district health
office by providing fuel and other logistics for the child health weeks and other immunisation programmes.
Figure 10: Nkana Health Centre Constructed by Kagem Mine
Despite these projects being undertaken by the mining companies in the district, there are still major
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challenges in accessing health care. Health facilities in Lufwanyama district are very few and are situated far
apart. Most of the community members are forced to travel long distances to access health care. It was said
that some community members have to cover over 20 Kilometres to access the nearest health facility. It was
said in the group discussions health facilities were need in such communities and some of the areas mentioned
were Funda, Bimbe, Nkotokoto and Kashininkisha. There is also a challenge in evacuating emergency cases
to the district hospital or the teaching hospital in Kitwe, as the district has only one ambulance, which has to
cater for the 17 health facilities doted around the entire district. This is coupled with poor telecommunication
coverage. Areas such as Chinemu, Lumpuma and Mushingashi have no cell phone coverage. Even though the
mini hospital was commissioned by the Republican President, at the time of the study it continued to function
as a health centre because there was no laboratory, operating theatre and mortuary. It also had no medical
doctor and continued being manned by three (3) clinical officers. The facility also continued having with the
challenge of staff houses as there were only four (4) houses against thirteen (13) members of staff, making it
difficult for the facility to operate on a 24hour basis. Most the health facilities in the district were said to be
experiencing a shortage of drugs and community members were expected to purchase their own medicines.
This poses a great challenge as there are no registered drug stores or private pharmacies in the entire district.
In contributing to the access to water and sanitation, all the three mining firms have contributed towards the
provision of clean and safe drinking water to communities by sinking bore holes, mainly at schools, health
centres and chiefs’ palaces. However, according to information from the Council Planning Unit, very few people
have access to clean water. The district, which has a population of 87,973, has only 268 boreholes, which
have been provided by the government, mining companies as well as Save the Children International and at
the time of the study only 208 bore holes were functional. The entire district only has 27 households connected
to piped water and these are 21 households connected to the council borehole and 6 houses that are owned
by the Office of the President, which have their own boreholes. Other community members fetch water from
streams and in the dry season when these streams dry up, they travel long distances to the boreholes. The most
affected are women and children, especially girls, who according to the local culture have the responsibility of
fetching water. The right to education, especially for the girls, is negatively affected as they spend most of their
time fetching water for the households, sometimes at the expense of going to school. Some of the children go
to school when they are already tired after walking long distances on errands of fetching water. This affects
their concentration in school and contributing to poor performance in class and subsequently the dropout rates
Besides education, health and water, the mining companies have implemented other projects in the district.
For instance, Gemcanton mine has been maintaining the road from Kalulushi to mine plant and has constructed
bridges along the same road. Kagem mine limited has collaborated with the department of forestry, where
the mining firm has established a tree nursery, through which it has provided over 100,000 tree seedlings for
planting in the community in contributing towards reforestation. The company has further embarked on the
Green Farm Project, which is a soya bean and sunflower out grower scheme. It was said that over 3,000 small
scale farmers had benefited from the project. Another project said to have been implemented by Kagem mine
was the improvement of Chiefs Lumpuma and Nkana’s palaces. It was also said that Kagem Mine had embarked
of a project of backfilling the excavation works in order to make the land reusable in the areas where
mining activities come to an end. Some of the trees from the nursery are planted on these backfilled areas.
Chibuluma Mine has established income generating activities among the youth and women to improve their
livelihoods. These include conservation farming, which was introduced to community members in place of
charcoal production, as a way of preserving the forest and preventing environmental degradation. Other projects
introduced in the area are brick making and tailoring projects among youths and women respectively.
Chibuluma Mines also provided sponsorship to both male and female youths to enable them undertake courses
in carpentry and tailoring and design. The mine has further sponsored a number of pupils in secondary schools
within the district.
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Figure 11: Women’s Skill Development Programme Support by Chibuluma Mines Plc.
Gemcanton Mine supports Twikatane Women’s Club, comprising vulnerable women from Pilala by constructing
a poultry house for raring broiler chickens. This came after Gemcanton as a company resolved to empowering
women with the necessary skills for empowerment to reduce dependency on men. The company provides
transport and also acts as the readily available market for the finished products that the women produce. With
increased income, the women and their families are able to access social services including health, education
for their children. Through its CSR budget Gemcanton Mine supplied 300 litres of insecticide in the 2016 to
2017 farming season to help fight army worms that had invaded the district and had become a threat to food
and income security for the local communities. The company also supplied insecticides to fight army worms
during the 2017 to 2018 farming season. The mine also provided chiefs Lumpuma and Nkana with personal
motor vehicles and has been paying the chiefs allowances of K24,000 per annum for each chief. Gemcanton
mine has further been assisting community members with transport whenever there were bereavements in the
communities around the mine area. All the three mining companies have contributed towards the expenses
of conducting traditional ceremonies in chiefdoms. The mines have also been contributing funds to the local
council and other government ministries to facilitate the commemoration of Labour Day and other national
and international days. Gemcanton mine has also provided logistical subsistence, allowances, food and shelter
to the state police in recognition to the role played by police in protecting the rights of citizens including the
protection of lives. To this effect the mine donated a vehicle for operations to the first Lufwanyama police
station, an open van purely for operational purposes and at the time of reporting it was the only vehicle at the
station. In contributing to environmental management, the mine also donated waste bins to Lufwanyama Town
Council. It was envisioned that these would contribute to enhancing public health.
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Figure 12: (From left to right) Ganizani Banda Gemcanton Safety officer, Mrs. Banda Lufwanyama
Town Council Secretary, the Council Chairperson Mr. Moses Chiyuka, Gemcanton`s Corporate Social
Responsibility Officer Edwin Mbimbi and Madam Miniver Mutesa at the Handover Ceremony of the
Waste Bin to Enhance Watse Management
4.3 Contribution of Taxes by Mining Companies Central Government and Local Authority
All the three companies have been contributing taxes to both the central government and the local authority.
However during the study, information on taxes was only obtained from Gemcanton Mine, whose contributions
were K77 Million per annum to the central government as mineral royalty tax, K850, 000 per annum
as corporate tax and K8.5 Million as PAYE. In addition Gemcanton pays K300,000 per annum to the council
as property tax. In the discussion with the local authority it was mentioned that Chibuluma Mine contributed
K800,000 per annum as property tax. However the taxes paid to both the central government and the local
authority were said to be going into the general accounts and were therefore used to finance the annual national
budgets and the general budgets of the local authority. The mining companies had no authority to determine
where these funds should be used and there was no way of determining whether these funds were used in enhancing
the access to children’s rights to education, health, water and sanitation as well as social protection.
In the discussion with the local authority, it was established that there were challenges in the collection of taxes
from the mining companies. The council estimates that if all the mines were operational the local authority
would be collecting a sum of K4, 548,824.00 in property tax. Only K800,000 was collected from Chibuluma
Mine and K300, 000 from Gemcanton. Kagem is currently not paying any property taxes. Three major reasons
were cited for the challenges in collecting the taxes. The first was that majority of the mines were not operational
and therefore were not raising any revenue. The second reason was that the area in which the mines are
situated are not surveyed and numbered and therefore had no basis for determining the property taxes. Kagem
Mine is situated in this area. The third reason was that there was a standoff between the council and the association
for the small scale emerald miners, who viewed the payment of property tax as double taxation since
the miners were taxed by the central government whenever they sold their produce.
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4.4 District Development Planning Process and Community Participation
Lufwanyama district has one (1) constituency, which is divided into sixteen (16) wards. Each ward has a
councillor who is elected to represent citizens of the ward in the local authority, while the Member of Parliament
represents the constituency in the national assembly. The members of parliament and the councillors
are elected during the general elections, alongside the presidential elections every five years. It is in these
elections, where the council chairpersons are elected. To enable the participation of community members in
governance and decision making at the district level, the wards have Ward Development Committees (WDC),
which are council sub structures at community level. The chairpersons and secretaries of the WDCs, councillors
and representatives of the royal establishments participate in the District Development Coordinating
Committee (DDCC) meetings, where developmental plans and budgets for the district are formulated and their
implementation discussed. Mining companies have presented and discussed some of their CSR projects to be
implemented in the district in these DDCC meetings. In the focus group discussions, community members
mentioned that there was very little consultation at the grassroots level on development projects being implemented
in the district. It was said that members of the community were never given opportunities to discuss or
suggest developmental project they needed in their community and that it was assumed that the leaders of the
WDCs, councillors and chiefs’ representatives knew the needs of the people. In the focus group discussions,
it was reported that mining companies decided their own CSR projects to be implemented in the communities
based on their budgets.
The DDCCs were merely informed of the intentions by the mining companies and usually used the DDCC
meetings to consult on where to locate the already decided projects within the pre-selected communities. In
terms of representation at the national or district level, community members felt that they were not adequately
represented because they don’t see their members of parliament after the election campaigns and they rarely
have meetings with their councillors. Community members felt that suitable projects for their communities
needed to be suggested and formulated by the local people for incorporation into the district plans and no
such meetings took place in the communities. It was said that people were only informed of the projects to be
implemented in their communities after they had already been decided by the local authorities, government
or mining companies. Community members said in the focus group discussions that they felt that the role of
their WDC representatives was merely to inform them of what was being discussed in the DDCC meetings
because the WDCs rarely convened meetings with community members in their wards and that they had no
mechanisms for collecting information on people’s needs, when formulating projects. It was said that most
of the projects being implemented in their areas lacked community input and children’s participation, which
resulted in some of them not being widely accepted and therefore prone to vandalism. It was however stated in
the discussions with mining firms that communities lacked their own plans. Other than stating their problems
or needs, there were no development plans at the community or chiefdom level, which made it difficult for the
mining firms to fit into the community or chiefdom level plans and therefore had to execute their own plans
based on their CSR budgets.
Community members complained that they were not involved in the implementation of the projects. It was
said that most projects, especially those by mining companies were executed by contractors, who came with
their own workforce to carry out even the small jobs that can be done by the local youths, majority of whom
were not in employment. This practice was identified as one of the factors causing or perpetuating vandalism
of the public projects by local communities. The mining companies however had a complaint regarding the
participation of community members in the implementation of the projects. It was said that community members
were not willing to work on the projects and they always expected to be paid, even for small tasks such as
offloading materials meant for projects of their own benefit. It was said that community members demanded
to be paid even for pushing vehicles that brought materials to project sites when they got stuck or when they
failed to start. There was a general complaint among community members that all the physical CSR projects
by mining companies were only in the two chiefdoms, namely Nkana and Lumpuma, where the mines are located.
It was felt that Lufwanyama was one district, where all the citizens needed to benefit from the wealth of
the district equally. In the discussion with Her Royal Highness Chieftainess Shimukunami, it was heard that all
the visible projects were only in two chiefdoms and the other CSR benefits that went to the entire district, such
as assistance to the Ministries of Education and Health, were not known by the people. Her royal highness said
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that such selective ways of implementing projects have a potential for polarising community members. It was
also felt that the traditional leaders were being compromised as they were being given huge gifts and paid as
individuals by the mining firms. It felt that the idea of supporting the chiefs in their individual capacities made
the chiefs to fail to stand for the people in situations where the chiefs needed to decide on whether to serve the
interest of mines, which paid them their allowances or the interest of the people whom they serve. Community
members felt that the assistance should be directed at chiefdom rather than the individuals in the position of
chief. That would even enable the communities decide how the assistance should be used.
It was not clear whether the promotion of children’s rights was used as a criterion in the selection of the projects
to be implemented through CSR by the mining companies. Respondent interviewed from both mining
firms that were interviewed stated that the selection of projects to be implemented in the communities was
determined by the amounts of money available for CSR. Mr. Davy Phiri from Gemcanton said “our policy
to support education, health and water and sanitation could have been influenced by the fact that historically
mining firms in Zambia have been supporting Education, Health and provision of water through their CSR
budgets. So when funds become available for CSR, education, health and provision of water are always first
on the list before we can look at other projects like bridges and roads”.

5. DISCUSSION OF FINDINGS
It is apparent that all the three major mining companies operating in Lufwanyama District
have implemented CSR and other community projects that have supported the provision
of water and sanitation, health as well as education. The projects include the provision
of infrastructure and equipment as well as connecting electricity to schools and health
facilities. The mines have also helped in the provision of water sources to schools, health
facilities and communities. In addition they have supported children with school requirements,
which include uniforms, books as well as teaching and learning materials. The
mining firms have also supported some community members to improve their means of
livelihoods by providing them with skills in agriculture, brick making, carpentry as well
as tailoring and design. Though these projects may not have directly targeted children, the
direct beneficiaries of projects in the education sector are children. Children are also part
of the beneficiaries of the projects in the health sector as well as the water and sanitation
projects. Families that have benefited from livelihood activities have increased capacity
to access education and health for their children. Increased access to water and sanitation
facilities by children enhances their access to other rights such as the right to education
because they have more time to be in school. Taking this into consideration, it can be
implied that there is some contribution by the mining companies towards enhancing the
access of children’s right to education, health and water and sanitation.
However there was a general feeling among community members that the contribution of these companies
was not adequate and mainly concentrated in two chiefdoms, namely Nkana and Lumpuma out of the six
chiefdoms in the district. This means that the larger part of the district has not benefited from the presence
of mines in the district. Children from these areas continue to travel excessively long distances to access education.
Health facilities are far apart and the majority of community members still cover long distances to
the health facilities, most of which lack medicine, equipment and qualified staff. Water points are still few
resulting in women and children to travel long distances to fetch water, which at times is done at the expense
of accessing the right to education.
Most of these projects were said to have been implemented with little or no consultation with communities and
children at the grassroots level One village headpersons from Nkana Chiefdom said “the consultation from the
mines was limited because when we are called to meetings to discuss community projects to be implemented
by mining firms in our communities, we find that the mines have already decided on the types of the projects
they intend to undertake and amounts they are willing to spend. Our role as traditional leaders is to decide
where the project should be done. Sometimes they even decide which school or health centre they intend to
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support and in such cases our role is just to inform and mobilise community members”. The low consultation
with the community members has resulted in a number of projects not matching with the priorities of the communities
and the beneficiaries, who are the children. Many authors have emphasised the importance of community
participation and many examples exist where the importance of participation and the effects of lack of
participation have been illustrated. Chamala (1995) states that ‘involving stakeholders and empowering community
members to participate in community programs provide more effective ways of solving sustainable
resource management issues’, and according to Kolavalli and Kerr 2012, community participation enhances
project effectiveness through community ownership of development efforts and enhances decision making.
Kelly (2001) further states that community participation results in learning, which enhances information dissemination
amongst community members, and this is a prerequisite for changing behaviour and practices of
the targeted groups. All these appear to be true for the projects being undertaken in Lufwanyama district by the
mining companies. Because of limited consultation, community members and children have little knowledge
and ownership and hence the negative behaviour exhibited by some community members, where the same
beneficiaries of the projects, expect to be paid for helping in the implementation of the projects, while some
even engage in acts of vandalism.
There is no evidence showing that children are involved in the decision making process
regarding the projects meant for their use. This could be as a result of the lack of awareness
of the rights of children and the responsibility of these business entities have to respect and
promote children’s rights. Children like all other members of the communities in which
these mining companies operate are affected by the operations of these mines. Though
the children do not seem to have a direct interaction with the mining companies, they are
affected by mining activities. Some of them are part of the families that were displaced
in paving way for the mining activities. They are also affected by the environmental pollution
and degradation. Even when workers are not adequately remunerated, children are
affected by the families’ inability to access social services such as health and education.
They are the ones who have to travel several kilometres to the schools and therefore are
in a better position to determine, where best the schools could be located. They therefore
need to have a voice on how best their rights could be respected and promoted. Furthermore,
children’s rights standards as outlined in the UN Convention on the Rights of the
Child (UNCRC), emphasises the need to protect children’s rights, which includes the
provision of education and health facilities, protection from violence, and freedom of
expression among others. Even though the Convention does not specifically address the
private sector, its four guiding principles – non-discrimination, survival and development,
the best interests of the child, and participation are expected to be respected by all and special
attention need to be paid to them when dealing with all matters that impact children.
Even though some of the projects implemented by the mining companies have contributed to enhancing the
access to the rights to education, health and water and sanitation by children, the decision to undertake these
projects is determined by other factors such as budgets and the fact that schools, health facilities and water
sources are among the projects have traditionally been conducted using CSR budgets. They are not guided by
Human Rights principles, as outlined in the CRC and other human rights instruments. Unless these projects
are viewed from a Human Rights perspective their chances of promoting children’s’ rights will continue to be
limited. One way of making projects effectively contribute to the realisation of human rights and particularly
children’s rights is the introduction of Human Rights Based Approach (HRBA) in their development. HRBA is
a conceptual framework for the process of human development that is normatively based on international human
rights standards and operationally directed to promoting and protecting human rights. The HRBA seeks
to analyse inequalities which lie at the heart of development problems and redress discriminatory practices
and unjust distributions of power that impede development progress. As a member state of the United Nation
and a signatory to the Convention on the Rights of the Child (CRC), the Zambian government needs to ensure
that human rights norms and standards become the primary frame of reference for all development processes
being undertaken countrywide, from the national right through to the grassroots level.
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One of the foundational principles of human rights is stated in the 1948 Universal Declaration of Human
Rights – ‘All human beings are born free and equal in dignity and rights.’ This is reflected not only in the
principle of non-discrimination which appears in the CRC (Article 2), but is intrinsic to the very concept of
human rights. With this in mind there is need to identify ways in which normative processes of international
human rights law can inform and guide development work for children. According to the UNICEF (2011), a
human rights-based approach to programming means that all development activities must have the ultimate
aim of realising the rights of children, as laid down in the CRC and human rights and that child rights principles
must guide the development projects at each stage of the process. These principles include: universality,
non-discrimination, the best interests of the child, the right to survival and development, the indivisibility and
interdependence of human rights, accountability and respect for the voice of the child.
Another way of making these projects contribute to the realisation of children’s rights is to build the capacities
of the children, who are the rights holders and community members who have a responsibility over the
children, to claim their rights. The poor access by children to their rights and the structural causes that facilitate
the violation of children’s rights cannot be addressed without providing the children with a voice and
space to participate in decisions affecting them. Those with the power to shape lives must be accountable to
the most deprived, if inequities are to be overcome. According to the UNICEF (2011), discrimination must be
identified, understood, and challenged to achieve equitable development for all children. If progress towards
equity is made without accompanying progress in other areas fundamental to human rights, it is likely that the
gains will only be short-term.
Even though structures like the Ward Development Committees and the DDCCs, through which community
members can participate in decision making regarding community projects to be implemented in their areas,
consultation at the grassroots level has been low and does not ensure the participation of children. There is
need to create platforms trough which consultation and learning can to be enhanced to ensure synchrony between
CSR projects being implemented and the priorities of the communities as well as the needs children
who are the primary beneficiaries of community projects such as schools. Through participation children can
provide information on issues affecting them and how best they can be resolved. People organise best around
problems they consider most important. So they tend to make better economic decisions as well as judgments
in the context of their own environment and circumstances. This enables voluntary provision of labour, time,
money and materials to a project, which is a necessary condition for breaking patterns of dependency and
passivity (Gow and Vansant: 1983).The low consultative situation has also given a lee way for the mining
companies to decide the projects they are going to implement (depending on their budgets even if they are not
priority needs of the communities), how much they are willing to spend on CSR and whether they should have
a CSR budget at all.
This is because CSR in Zambia is optional, which is the case in many countries the world over. Recently, there
has been a lot of outcry from civil society and many citizens that CSR should become mandatory and that it
should be commensurate with the income generated by the corporate entities operating in a community. This
is in an effort to ensure that sufficient income is available for projects that respond to the needs of beneficiary
communities and it is believed that this would have CSR embedded into businesses as opposed to it being
treated as philanthropy. Lessons can be drawn from country such as India, the first country in the world to
enshrine corporate giving into law. Following a change in company law in April 2014, businesses with annual
revenues of more than 10bn Rupees (£105m) must give away 2% of their net profit to charity. Areas they
can invest this money in include education, poverty, gender equality and hunger. According to independent
reports, the private sector’s combined charitable spending jumped from estimated 33.67bn rupees (£357.5m)
in 2013 to around 250bn rupees (£2.63bn) after the law was enacted. Some say that the change in law woke
up corporate India to its wider social responsibilities. According to Bimal Arora, the chair of the Delhi based
Centre for Responsible Business, “the 2% law has brought CSR from the fringes to the boardroom and now
companies have to think seriously about the resources, timelines and strategies needed to meet their legal
obligations.” The research team was informed that the local council was exploring the idea of putting in place
a by-law, which would compel companies operating in a district to contribute a percentage of their profits to
CSR. In implementing this by-law it would be recommended that sufficient mechanisms are in place to track
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the revenue generated by the mines, so as to determine the amount of CSR funds that are due to the local authority.
Further, policies must exist to ensure that the funds collected are exclusively used for CSR projects,
especially amongst communities that are affected by the operations of those businesses.
The absence of documented plans is a source of concern, which exacerbated the practice by companies to unilaterally
determine community projects to implement. Communities need to have their own locally generated
and documented needs and priorities, possibly with potential solutions and outlined plan of action for dealing
with the identified problem. Communities with the well document priorities, plans and budget are better able
to engage with the corporate entities, local authorities and even the central government on sustainable projects
that respond to their needs and priorities. In this regard, there is need for building the capacities of communities
with skills to identify issues affecting their communities, develop solutions and action plans as well as the
skills to engage stakeholders regarding the development of their communities.
In terms of tax contribution by the mining companies, the situation has not been impressive. The three mining
companies have contributed taxes in form of mineral royalty tax, corporate tax and have been remitting the
PAYE, which was withheld from their members of staff. However there was loss of revenue by the local authority
due to none payment of property tax by the mines. The council only collected K1,100.000 (K300,000
from Gemcanton Mine and K800,000 from Chibuluma Mine) per annum. This figure falls far short of the
anticipated K4,548,824.00, which could have been collected per annum if all the mines in the district were
operational. This indicates a revenue loss of K3,448,824.00 per annum. The reason provided was that the area,
where the mines are situated is not yet surveyed and numbered. This situation needs to be urgently normalised
to curb further revenue loss, especially that even the largest mine in the district is situated in this area. Further
the standoff between the council and the association for the small scale emerald miners needs to be resolved
and awareness created on the need and use of the property tax.
The large number of mines that not operational is another source of revenue loss. It was said that majority of
the mines cannot operate due to the lack of capacity by their owners to finance mining operations. Mining and
mineral rights are granted by the Ministry of Mines and Minerals Development through the Directors of Mines
and Geological Survey in accordance with the provisions of the Mines and Minerals Development Act Cap
213. The act has clear guidelines on the procedure for the application of mining licences and registration of
mining companies. It is also explicit on the requirements and criteria for a persons or entities who qualify for
the grant of mineral rights in Zambia. The act is however silent on the financial capacities of those applying
for mineral rights and those registering mines. For individuals it only states that “a person who is not an undercharged
bankrupt, having been adjudged or otherwise declared bankrupt under any written law, or entered
into any agreement or scheme of composition with creditors, or taken advantage of any legal process for the
relief of bankrupt or insolvent debtors” is eligible. For Corporate entities the act only states that “a corporate
entity which is not in liquidation, other than liquidation which forms part of the scheme for the reconstruction
of the company or its amalgamation with another company” is eligible.
The silence of the act on the financial capacity of individuals and corporate entities applying for mining licences
and registering mines is stated to be among the causes of the many registered mines being dormant.
The district and government are losing revenue because of lack of production. Apart from the registration
fees, there is no revenue in form of taxes from these dormant mines. There is need to revisit the criteria for
granting mining licences to ensure that individuals and entities applying for mining licences and registration
of mines have the capacities to finance mining operations. Among other conditions that need to be revisited
is the duration of time in which the mine should start operating after registration and there must be a criterion
for deregistering mines or cancellation of their licences if they remain dormant for a long period of time. This
will allow for others, who more capable of financing mining operations to take over the dormant mines, which
will in turn result in increased revenue from the mines. Some of this revenue can be used in projects aimed
at enhancing the access to children’s rights. The presence of illegal mining activities in the area is a source
of concern, especially that the mining area in a restricted area (Ndola Rural Restricted Area), equally this has
a potential for revenue loss for the district and the nation as the proceeds from these operations go untaxed.
There is need for increased security measures and stiffer measures to curb the illegal activities, which only
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benefit a few individuals.
6. CONCLUSION AND RECOMMENDATIONS
6.1 Conclusion
In view of the aforementioned, it can be said that the role of the mining companies working in Lufwanyama
District in promoting children’s rights to education, health and water and sanitation has been limited. There
is need for a more systematic approach to ensure effective contribution towards enhancing the access to children’s
rights to education, health and water and sanitation. This minimal contribution could be attributed to
the following reasons among others:
1. The low consultation and participation of community members, especially children. There is need to
ensure the participation of community members, particularly children in development process at all
levels.
2. In decision making for the development and implementation of these projects, the access to children’s
rights has not been the major factor. Other factors, including budgets and general trends were used in
deciding on the projects and how they will be implemented. There is need to incorporate a HRBA in
developing these projects to enhance their ability to promote children’s rights.
3. The low claim making by communities and children, which has been attributed to the low capacities
of children and local communities to claim their rights. There is need to continue building the capacities
of these communities, especially children claim their rights to education, health and water and
sanitation.
4. The low presence of platforms through which community members can participate. The few that exist
(WDC and DDCC) do not provide space for children to participate in decisions concerning local projects,
even when they are the primary beneficiaries. There is need for effective platforms to be created
as a way of providing a voice to children to enable them participate in decisions affecting them.
5. Most of the projects undertaken by the corporate entities in communities are done through CSR,
which is optional in Zambia. This means that the community projects are implemented by the discretion
of the managements of the companies. They decide on which project they can implement and
how much they can spend on that project. They can even decide to even. Making CSR mandatory can
enhance the availability of funds for community projects and can facilitate a more systematic way of
implementing community projects. It would also be possible to incorporate CSR in DDCC and WDC
plans and budgets.
6. The absence of documented plans and priorities at the grassroots level, which contributed to the
practice by the mining companies to unilaterally decide on the projects to be implemented. There is
need to build the capacities of the local communities to develop and document their priorities, plans
and budgets, which they can use in negotiating for projects that best meet their needs and contribute
towards enhanced access to children’s rights.
7. The inability of Lufwanyama District Council to collect revenue from mining companies is another
contributing factor for the low contribution towards increased access to children’s rights. There is
need to speed up the land demarcation and registration process which has been hindering the collection
of revenue from some of these mines. These funds can be used to undertake projects in the other
chiefdoms which are not covered by CSR.
8. The large number of mines that are not operational have also contributed to the low revenue, which
can be used to undertake community projects. There is therefore need to revisit the criteria for the
allocation of mineral licences to ensure that persons with the capacity to undertake mining activities
are granted the licences.
6.2 Recommendations
Resulting from the aforementioned the following recommendations are being proposed:
1. There is need for enhanced consultation and engagement with communities in the implementation of
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community projects by the mining companies. This is in order to improve the knowledge and ownership
of the projects as well as curbing the negative behaviour of community members expecting to be
paid and vandalising the projects meant to serve their communities. In this regard, there is need for
the creation of platforms where consultation and learning can take place to ensure uniformity between
CSR projects and community priorities. In creating these platforms, the participation of children must
be ensured since children are beneficiaries of projects such as schools and therefore can provide information
on issues affecting them as well as an input on how these projects can be designed to best
meet their needs.
2. There is need to incorporate a HRBA to the development and implementation of community projects
insuring that these contribute to the realisation of human rights. This can be done through training in
HRBA for all the stakeholders in promoting increased access to children’s rights to education, health
and water and sanitation.
3. There is need to enhance the advocacy and claim making capacities of communities and children for
them to demand these rights from duty bearers. This can be done through training for the community
members and children.
4. here is need to ensure a presence of platforms that can be used by communities for dialogue and
engagement with duty bearers on the access to children’s rights. These platforms must ensure the
participation of children to have a voice on decisions affecting them,
5. Regarding the decisions by mining companies to implement project in only two chiefdoms, there is
need for concerted effort among traditional leaders, the DDCC, the local authorities as well as community
members to engage the mining companies on the need for a development approach, which
focuses on the entire district as opposed to small selected areas within the district, however this is only
possible if district priorities are clearly outlined and documented.
6. There is need for building the capacities of community members to develop and document their own
development priorities and action plans. This could be achieved through the use of participatory
methods such as Popular Education Methodologies (PEM) and Training for Transformation, which
would enable community members identify issues affecting them as well as coming up with their
own solutions. With this information they are able to develop action plans that can be implemented in
order to solve the identified problems. These plans can be used as a basis for negotiating for development
projects that respond to their needs. The process will enhance ownership of the projects.
7. There is need for advocacy for mandatory CSR in order to ensure that sufficient income is available
for projects that respond to the needs of beneficiary communities as well as having CSR embedded
into businesses as opposed to it being treated as philanthropy. However in advocating for mandatory
CSR, there is need to ensure that there is adequate legislation and policies for ensuring that CSR funds
are exclusively utilised on community projects, especially in the communities that are affected by the
operations of the businesses in question.
8. The mining area in Lufwanyama District needs to be surveyed so that the numbering can be complet-
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ed as quickly as possible because this is the major reason why the council is unable to collect property
tax from mines, which include the Kagem mine which is said to be the largest emerald producing
mine. In the same vein, the standoff between the council and the Association for Small Scale Emeralds
Miners needs to be resolved and awareness created on the need and use of property tax to was the
enhancement of social service provision, which in turn is contributes toward the access to children’s
rights.
9. Legislation for the awarding of mining licences and registration of mines needs to be enhanced to
ensure that individuals and entities applying for the registration of mines have the capacity to finance
mining operations. This will help in reducing the number of dormant mines in the district. In the same
the legislation should provide for the repossession and reallocation of the mines that exceed the minimum
required period for the mine to stay dormant.
10. There is need for enhanced security in the restricted mining area and introduce stringent measure to
deter illegal mining activities, as well as encroachments into the mining area.
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7. REFERENCES
1. Africa Institute of South Africa.
2. Betournay, M. C. (2011, April 7). Underground Mining and Its Surface Effects. Retrieved from http://
www.fhwa.dot.gov/engineering/geotech/hazards/mine/workshops/iawkshp/betourna2.cfm.Accessed on
27th November 2017.
3. Chamala S (1995) Overview of participative action approaches in Australian land and water management.
In ‘Participative approaches for Land care’. (Ed. K Keith) pp. 5-42. (Australian Academic Press: Brisbane)
4. Coloured Gemstones Industry. http://www.minesandcommunity.org/.Accessed on 7th September 2017
5. Cross, J., Van der Wal, S., & de Haan, E. (2010). Somo Rough Cut: Sustainability Issues in the ECA Policy
Paper 1. Addis Ababa: Economic Commission for Africa.
6. ECA. (2002). Compendium on Best Practices in Small-Scale Mining in Africa. Addis Ababa: Economic
Commission for Africa.
7. Gow D, Vansant J (1983) Beyond the rhetoric of rural development participation: How can it be done?
World Development 11, 427-443.
8. Ham, C., & Chirwa, P. W. (2012). Forest Resources Use in Southern Africa. In L. Masters, & E.
9. Hendelson, D.S (2012). Human Rights in the Minerals Industry International Institute for environment
and Development (IIED). (2002). Mines, Minerals and Sustainable Development: Breaking New Ground.
London: Sterling, Earthscan Publications Limited.
10. International Council on Mining and Metals (ICMM, 2017)
11. Jabareen, Y. (2008). A New Conceptual Framework for Sustainable Development. Environ Dev
12. Kelly D (2001) ‘Community participation in rangeland management: a report for the Rural Industries Research
and Development Corporation.’ (RIRDC: Barton ACT).
13. Kisangani (Eds.), Natural Resource Governance in Southern Africa (pp. 67-91). Pretoria:
14. Kolavalli S, Kerr J (2012) Scaling up participatory watershed development in India. Development &
Change 33, 213-235.
15. Mining Facts, 2017.http://www.miningfacts.org/communities/what-is-corporate-social-responsibility/Accessed
on 28th November 2017.
16. Miranda, M., Blanco-Uribe Q., A., Hernandez, L., Ochoa G., J., & Yerena, E. (1998). All That Glitters
Is Not Gold: Balancing Conservation and Development in Venezuela’s Frontier Forests. Retrieved from
http://pdf.wri.org/all_that_glitters_is_not_gold.pdf
17. Mission 2016. The future of National Strategic Natural Resources. http://web.mit.edu/12.000/www/
m2016/finalwebsite/problems/mining.html
18. Orjuela, E. A. (2012). Master’s Thesis: How can Mining contribute to Sustainable Development in Columbia:
A Review of Stakeholders Perspective and Policy Gaps, Lund University Centre for Sustainable
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Studies.
19. Paul P. C, Dabalen A. L & Land B. C (2017). Mining in Africa: Are local Communities better off? A co
publication of the Agence Française de Development and the World Bank https://openknowledge.worldbank.org/bitstream/handle/10986/26110/9781464808197.pdf?sequence=6.
Accessed on 29th November
2017.
20. Paul, J., & Campbell, G. (2011). Investigating Rare Earth Element Mine Development in Epa Region 8
and Potential Environmental Impacts (908R11003). U.S. Environmental Protection Agency. Retrieved
from website: http://www.epa.gov/region8/mining/ReportOnRareEarthElements.pdf.Accessed on 30th
November 2017.
21. Pedro, A. M. (2004). Mainstreaming Mineral Wealth in Growth and Poverty Reduction Strategies. Sustain,
10, 179-192.
22. Vintro, C. & Comajuncosa, J (2009). Corporate Social Responsibility in the Mining Industry: Criteria
and Indicators http://www.scielo.org.co/pdf/dyna/v77n161/a03v77n161.pdfAccessed on 28th November
2017.
23. Zambia Daily Mail, 2017). https://www.daily-mail.co.zm/emerald-producer-lufwanyama-remain-undeveloped/.
Accessed on 30th November 2017.
8. ANNEXES
1.1 FOCUS GROUP DISCUSSION GUIDE
a. Facilitator’s Welcome, Introduction and Instructions to Participants:
Facilitator welcomes participants and thanks them for taking part in the focus group discussion, considering
that this is a busy farming period. The participants are assured that the discussion would not take more than
one hour. At this stage, participants, facilitators and recording team can introduce themselves and the background
information on the organisation can also be provided.
Facilitator explains the objective of the discussion, which is obtaining the valuable opinions of the participants
on how the mining companies working in the area are contributing (or can contribute) towards the access to
the children’s rights to health, education and social protection and their recommendations on how this can be
enhanced. It can also be explained that the study incorporates both interviews and focus group discussions in
order to obtain more in-depth information from a smaller group of people, to help in exploring further in more
detail and compare with the information obtained from the interviews with other stakeholders.
Facilitator asks for consent to record that discussion but explains that the recording is mainly to ensure that
no detail is lost when drafting the report. The facilitator also assures the participants that confidentiality and
anonymity will be maintained and that after the report has been produced the recording will be deleted.
Some ground rules can be set, such as:
i. Respecting the views of others in the group.
ii. One person speaking at a time (there may be temptations to jump in when one is speaking ensure to let
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…..the one speaking finish before another can be allowed to speak)
iii.There is no right or wrong answer.
iv.Everyone should participate.
v. Information provided in the focus group must be kept confidential.
vi.Stay with the group and please don’t have side conversations.
vii.Turn off cell phones if possible
After the rules have been set, instructions and process to be followed are explained and participants are asked
if they require any clarifications.
b. Questions:
i. Are there any mining companies working in this area?
ii. If so, kindly help us make a list of the mining companies working in this area.
iii.Have these mining companies helped with any development activities/projects in area?
iv.If so, kindly help us make a list of the development projects undertaken by the mining companies.
v. Do you think that these (or some of these have helped in improving access to children’s rights to
….health, education and social protection? (Explain how)
vi.Are there any challenges faced by these mining companies, companies, local authorities, governments
….and other duty bearers in contributing towards the realisation of the access to children’s rights to health,
….education and social protection? (Explain)
vii.Are there any recommendations you can make to these mining companies and stakeholders to help in
….enhancing access to children’s rights to health, education and social protection?

1.2 INTERVIEW GUIDE TO THE MINING COMPANY
Date: …………………………………………………
Name of the Company: …………………………………………………………………………………………………………..
Position in the company: …………………………………………………………………………………………………………
i. How long have you worked in the company / area?
ii. How long has the company been working in the area?
iii.What are the mineral produced by the mining company?
iv. Does the company have a CSR policy?
v. How much is spent on CSR annually?
vi.How is implemented?
vii.Are there any projects that are or have been implemented directly by the company in the communities
…..within the last 3 years? (Please provide a list as well as the amounts spent on each project)
viii.Are there any that have been implemented in collaboration with government, local authorities or
……other entities within the last three years? (Please provide a list as well as the amounts contributed to
……the project)
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ix.Did community members participate in the identification, prioritising, planning and implementation of
…..the projects?
x. If yes, through which platforms did community members participate and how were they selected?
xi.If no, what factors are hindering community participation in identification, prioritising, planning and
…..implementation of the projects? (Any recommendations to enhance their participation?)
xii.Among the projects implemented are there any that where intended at enhancing the access to
…..children’s rights to health, education and social protection (Kindly name them)
xiii.If not, what has been the challenge in identifying and implementing projects aimed at enhancing
……access to the right of health, education and social protection? (Any recommendation on how these
…..projects can be prioritised and implemented?)
xiv.Approximately how much in taxes has the mining firm been remitting annually to the central
……government and the local authority in the last 3 years?
xv.Do you know what percentage of this goes towards enhancement of the access to health education and
…..social protection?
xvi.Is adequate? (If not any recommendations on how this percentage can be increased?)
xvii.As a company, are you consulted or do you participate in the prioritising development projects to be
…….implemented in the communities?
xviii.If yes, through which platforms have you participated?
xix.Have you experienced any challenges in remitting taxes to the central government and the local
…..authority? (If yes, please provide details) (Any recommendations on how these challenges can be
…..addressed?)
xx.Has the company participated in infrastructure and social service development in the government
…..plans through the Public Private Partnerships (PPP)?
xxi.If not, what are the challenges? (Any recommendations on how these challenges can be addressed?)
xxii.Any recommendations on how the mining firm and other firms can contribute to enhancing the
…..access to children’s access to the rights to health, education and social protection?
Any other information you wish to provide?
Thank you for your participation
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