MOZAMBIQUE Law and Practice Contributed by: João Afonso Fialho, Guilherme Daniel and Helna Vitoldás, VdA
they benefit from a statutory preferential right in procurement procedures for the provision of goods and services to the mining industry. 2.4 Prior and Informed Consultation on Mining Projects Local communities must be informed before commencement of any exploration activity and/ or temporary resettlement. Local communities also need to be consulted before the com - mencement of mining operations so as to safe - guard local communities’ rights and ensure their involvement in the mineral projects developed in their area of residence. Such consultation is also mandatory before the holder of mineral rights is granted the right to use and exploit the land for the purpose of mining activities (DUAT), under the Land Law and the Land Law Regulations. 2.5 Impact of Specially Protected Communities on Mining Projects Mozambique has no established classifications of indigenous peoples or protected communi - ties, hence no specific legislation regulating such matters has been approved. 2.6 Community Development Agreement for Mining Projects Community development agreements are pre - viewed under the Guide on the Implementation of the Corporate Social Responsibility Policy for the Extractive Mineral Resources Industry, a statute which applies to all actions and initia - tives related to corporate social responsibility in the extractive industry of mineral resources, especially regarding social investment, to ensure that extractive companies contribute to local economic and sustainable development. As part of corporate social responsibility actions, the holder of mineral rights must establish social investment plans which may take the form of a
memorandum of understanding or local devel - opment agreement, depending on what stage the mining project is at and the size of the mining operation. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations ESG policies are incorporated in various scat - tered legal statutes. The Mining Law and the Mining Law Regulations enshrine certain indus - try-specific ESG principles, but express ESG regulations are yet to be developed for the min - ing sector. The “E” Mining activities are by nature subject to strin - gent environmental rules. In Mozambique, in addition to the general environmental laws and regulations, holders of mineral rights are also subject to industry-specific environmental regu - lations until mine closure and rehabilitation. At a national level, the government of Mozam - bique is invested in promoting green policies to support green programmes and projects by private and public entities that aim to contrib - ute to the control and reduction of greenhouse gas (GHG) emissions. The government has also approved the Regulation for Programmes and Projects Inherent to the Reduction of Emissions from Deforestation and Forest Degradation Conservation and Increase of Carbon Reserves (based on the UN’s REDD+ framework), which aims to define sustainability rules in the reduc - tion of GHG emissions. The “S” The general principle of worker protection, both in the sense of privacy and in the guarantee of the protection required for specific work such as mining, is embodied in both general labour
339 CHAMBERS.COM
Powered by FlippingBook