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News & Events Webinar recap: land rights and critical minerals
Webinar recap: land rights and critical minerals
Webinar recap: land rights and critical minerals
Land rights and critical minerals
Mr. Neil Sorensen
Stacey Zammit
Land rights and critical minerals

The global transition to renewable energy depends on critical minerals like lithium, cobalt, and nickel, but their extraction raises significant challenges for land rights, environmental sustainability, and equitable benefit sharing. In this webinar, experts from Zambia, Uganda, Indonesia, and the global governance field explored what it takes to align mineral extraction with principles of justice and equity.

 

 

The discussion opened with reflections from Mark Robinson, Executive Director of the Extractive Industries Transparency Initiative (EITI), who underscored the global urgency of addressing human rights and governance in mining. The United Nations Secretary General’s panel on critical energy transition minerals had emphasized the need to center equity in mineral supply chains, ensuring they work for both people and the planet. Mark described how multi-stakeholder dialogues—where governments, corporations, and communities meet—are pivotal to navigating the competing interests of resource governance and community welfare. He highlighted the role of transparency, not just in opening data, but in making it accessible for communities to influence decisions that profoundly affect their lives.

 

"The panel focused on the role of critical energy transition minerals in the global shift to cleaner energy, with a strong emphasis on equity and justice in the governance of mineral supply chains. Unlike much existing policy, which has centered on the needs of consumer countries, the panel’s findings highlighted the importance of prioritizing producer countries. Key principles included human rights, environmental protection, and transparency, alongside good governance and anti-corruption efforts. The report also stressed the need for inclusive decision-making, with stakeholders having access to information and opportunities to shape the future of the sector, ensuring that benefits are shared equitably." - Mark Robinson 

 

The conversation turned to Zambia, where Freeman Mubanga, Head of Research and Studies at the Centre for Environmental Justice, laid bare the tensions between economic ambitions and land rights. Zambia, endowed with critical minerals, has seen a surge in mining investment, often expedited through loosened approval processes. Freeman detailed how this has displaced communities, bypassed customary governance systems, and resulted in severe environmental harm. The disconnect between policy and practice is glaring: while legal frameworks exist to protect communities, their implementation remains weak. Freeman called for national land audits and improved collaboration between traditional leaders and government ministries to bridge this gap. He described advocacy efforts to hold mining companies accountable for adhering to both environmental and human rights standards, underscoring the critical need for grassroots awareness to empower affected communities.

 

In Zambia, the rush for minerals like manganese is attracting investment but also exposing serious land governance issues. A disconnect between policy and implementation, especially in land acquisition, is displacing communities and harming the environment. With ambitious production goals for 2030, Zambia must improve land governance to ensure fair and just investments that protect both communities and the environment." - Freeman Mubanga

 

From Uganda, Naomi Nangoku, a senior official in the Ministry of Energy and Mineral Development, shared the country’s cautious yet proactive approach. Unlike other nations already grappling with extensive mining, Uganda is at an early stage of exploring its mineral wealth. This has allowed the government to focus on robust frameworks, such as the inclusion of Community Development Agreements (CDAs), which are now a legal requirement. Naomi explained that CDAs aim to ensure host communities benefit directly, not only through royalties but also through social investments such as education, health, and infrastructure. While this model holds promise, Naomi acknowledged ongoing challenges, including the complexity of land tenure systems and the need for more comprehensive data to resolve disputes and ensure fair compensation.

 

"One important issue is the need for transparency, particularly regarding laws and the flow of information between governments and mining companies. This is crucial as we move forward. In Uganda, we're in a relatively good position because many of our minerals have not yet been fully exploited, and our policies are still evolving. However, Uganda also has its own definition of what constitutes 'critical minerals,' especially those related to agriculture and food security. One of the challenges we face is land ownership, as much of the land here is communally owned, making it difficult to determine who owns what, especially in mineral-rich areas. Most of these lands are customarily owned, which complicates things further. To address this, we need clearer information and systems to resolve land ownership issues, particularly in areas where mining companies operate." - Naomi Nangoku 

 

In Indonesia, the story unfolded through the lens of nickel mining, a booming sector central to the energy transition. Andi Rahman of WALHI Sutra illustrated the acute struggles of indigenous peoples and women in this context. Mining concessions often overlap with customary lands, displacing communities and disrupting traditional livelihoods. Women, in particular, bear the brunt, losing access to farmland and suffering exclusion from decision-making processes. WALHI has been at the forefront of supporting these marginalized groups through legal advocacy, participatory mapping, and public campaigns that expose exploitative practices. Andi stressed the importance of policy reform to protect customary land rights and enforce stricter environmental oversight, especially as Indonesia positions itself as a major player in the global mineral supply chain.

 

"In Indonesia, the expansion of mining, particularly driven by the energy transition, is causing significant access violations, especially in rural areas, farmlands, and Indigenous territories. The government has relaxed regulations, allowing mining companies to take large areas of land, which has impacted Indigenous communities, including women’s groups. Changes in mining laws are opening up more opportunities for energy transition projects, such as nickel mining, but these policies are leading to land grabbing and the marginalization of Indigenous land rights. This has disrupted local land management practices, disproportionately affecting women, who are often criminalized by mining companies while fighting for their livelihoods. These issues are creating severe challenges for communities, especially in rural areas." - Andi Rahman

 

The conversation circled back to the importance of land information and data systems. Freeman and Naomi emphasized that better land data is vital not just for governance but also for community empowerment. Without accurate and accessible data on land ownership and mining concessions, communities remain vulnerable to exploitation. Mark added that tools like mining cadastres and disclosures of beneficial ownership could reduce corruption and improve accountability. However, Freeman noted that much of Zambia’s land data is outdated, complicating efforts to protect customary lands from speculative investments and illegal mining.

 

The session concluded with a call to action: as the demand for critical minerals grows, so too must the commitment to equity and justice. Communities must be empowered with information, engaged in meaningful dialogue, and protected by legal frameworks that prioritize their rights. The panelists left no doubt that a just energy transition requires more than technical fixes—it demands the reimagining of resource governance to place people and the planet at its heart.

 

Related content:

Webinar Series
Event

Land rights and critical minerals: what’s necessary for a just energy transition?

20 November 2024
This webinar will delve into the land governance dimensions of mining minerals that are critical to a green future, sharing insights from diverse practical approaches across diverse geographies to address complex challenges on the ground to secure the rights of indigenous peoples and local communities, whilst asking big picture questions on the role of land data, the land footprint and spatial justice dimensions of the energy transition.
Columbia Center on Sustainable Investment
Namati
International Institute for Environment and Development
Land Portal Foundation