Land Acquisition and Resettlement - Mining and the Environment: From Ore to Metal - page 589

(Wiriosudarmo 2002). This economic value-driven perception of land use has dominated past
mine developments. However it implicitly ignores cultural and environmental land values
and puts the rights of exploitation before rights of ownership; rights to use, build, lease and to
develop; or the right to collect forest products. Some land rights conl ict; others may be mutu-
ally exclusive. Land conl icts arise when the right to exploit is exercised without due consid-
eration of the legitimate land rights of other people. For example, if farmers have used land
over many years, they have a legitimate 'right to use' although they may not own the land.
In 1993, the UN Commission on Human Rights, recognizing that involuntary resettle-
ment always causes trauma and impoverishment, ruled that forced evictions constitute a
'gross violation of human rights'. The decision was upheld in 1997. Acceptable involuntary
resettlement is distinguished from forced eviction by the following conditions: (1) oppor-
tunity for genuine consultation with those affected; (2) adequate and reasonable notice for
all affected persons prior to the scheduled date of eviction; (3) provision of information
on the proposed evictions and where applicable, on the alternative purpose for which the
land or housing is to be used, made available in reasonable time to all those affected; (4)
especially where groups of people are involved, government ofi cials or their representa-
tives to be present during an eviction; (5) all persons carrying out the eviction to be prop-
erly identii ed; (6) evictions not to take place in particularly bad weather or at night unless
the affected persons consent otherwise; (7) provision of legal remedies; and (8) provision,
where possible, of legal aid to persons who are in need of it to seek redress from the courts.
In democratic societies people are rarely forcefully displaced, especially without just
compensation, regardless of national need. There is a simple reason: moving people inev-
itably raises legal issues. At a minimum involuntary resettlement violates the freedom of
choice. In fact the potential for violating human rights is much greater in resettlement
than in any other activity associated with mining ( Box 14.3 ). However when land compen-
sation and resettlement are carried out in a lawful manner and in full respect of peoples'
rights, opposition to mining projects by adversely affected people is reduced (although not
eliminated) and overall mine development is likely to proceed more effectively.

Land confl icts arise when the
right to exploit is exercised
without due consideration of the
legitimate land rights of other
people.

Moving people inevitably raises
legal issues.

Box 14.3 Some Causes Which May Contribute to Violation
of Human Rights

• Lack of appropriate legislation and policy guidelines in the host country.

• Local customs and traditions conl ict with state law.

• The rights of affected people are not fully taken into account.

• Intervention by government authorities (such as police or military)

• Domestic stress, alcohol abuse and domestic violence - consequence of social

disarticulation.

Today no mining company will dispute that resettlement should adhere to human
rights enshrined in a series of international conventions ( Table 14.2 ). Forced evictions in a
mine development must raise a red l ag, and are rarely accepted by either the general pub-
lic or i nancial institutions.
Poorly conceived and executed involuntary resettlement can result in violations of civil
and political rights, such as the right to life, the right to security of the person, the right to
non-interference with privacy, family and home, the right to the peaceful enjoyment of
possessions and the right to adequate housing. The right to adequate housing implies an
obligation on mine developers to make provision for adequate housing even for informal

Poorly conceived and executed
involuntary resettlement can
result in violations of civil and
political rights.