Mozambique: Resettlement claim dismissed in court case against Montepuez Ruby Mining – Media Release

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Mozambique: Resettlement claim dismissed in court case against Montepuez Ruby Mining – Media Release

4:19 CAT | 15 Feb 2022

File photo: Gemfields

Namanhumbir, 10 February 2022 –

On 21 June 2021 a claim was filed at Pemba Judicial Court by 39 claimants against Montepuez Ruby Mining (“MRM”). The claimants alleged that they had been unfairly excluded from the resettlement process of the Nthoro Community (“RAP”) carried out by MRM and sought to challenge their exclusion in the Judicial Court of Cabo Delgado Province (the “Claim”). The claimants were assisted in bringing their claim by a legal representative.

The Judicial Court of Cabo Delgado Province served its decision on 10 December 2021. The decision confirmed that the Claim had been dismissed because the limitation period had expired.

Notwithstanding that the Claim was dismissed, to qualify for the RAP, individuals had to be legitimate members of the Nthoro Community as documented by the population censuses of 2014 and 2017, carried out by independent agencies and supervised by the government authorities. Any individuals who were not documented by the census were given the ability to assert membership under a moratorium by the Government of Cabo Delgado Province, through Order No. 85/2018, dated 02 April 2018. The moratorium expired on 02 May 2018. After this date persons were no longer able to claim membership. The village of Nthoro has historically experienced a number of influxes of illegal miners and associated migrants, many of whom have been foreign nationals, leading to the erection of makeshift shelters. Such persons do not qualify as bona fide residents.

The RAP was conducted in accordance with Mozambican law (specifically the Law for Territorial Planning (Law N° 17/2007); Regulation for Territorial Planning (Decree N° 23/2008) and Regulation for Bodies Exhumation (Decree N°42/90)). In addition, the RAP not only followed national law, but international best practice including Performance Standard 5 (Land Acquisition and Involuntary Resettlement) of the International Financial Corporation Environmental & Social Performance Standards (IFC E&S PF), as well as meeting the principles of Free, Prior and Informed Consent (FPIC).

The MRM team worked closely with a government appointed committee which oversaw the legal requirements and regularly undertook visits to inspect progress. In addition, regular engagement with the community was held and continues to be held.

MRM is confident that all legitimate Nthoro Community members were resettled under the RAP and that it was was conducted in accordance with all applicable laws and standards, including international best practice.

Source: Montepuez Ruby Mining /Media Release