Mining Company Forced to Compensate Villagers Following Toxic Waste Leak; Prior to Payment, Villagers Were Required to Waive Their Rights
In a series of events that have raised concerns worldwide, a Chinese mining company, Sino-Metals Leach Zambia, spilled millions of gallons of acidic sludge containing lead, arsenic, and other heavy metals into communities and rivers in Zambia in February 2022. The spill, which has yet to be fully addressed, has left communities downstream at serious risk of developing birth defects, cancers, liver and lung disease, heart conditions, and other chronic illnesses.
The Zambian government announced in June that it was taking over responsibility for carrying out an environmental assessment and cleanup of the damage. However, the process has been slow, with industry experts suggesting that the contamination has likely spread into aquifers, bore holes, and other groundwater sources.
Sino-Metals, a subsidiary of the Chinese state-owned mining giant China Nonferrous Metal Mining Group, required locals to sign "Deed of Settlement and Release" agreements in order to receive compensation. These agreements do not have the Zambian government as a party and were signed by the payment recipient and a Sino-Metals official. The compensation paid ranged from $17 to $2,000, which is far below the cost of the damage.
In late August 2022, two groups of Zambians impacted by the spill sent separate demands for emergency relief and long-term cleanup and compensation funds. The first demand seeks $220 million as interim compensation and $9.7 billion for a Victims and Environmental Compensation and Rehabilitation Fund, while the second demand seeks $200 million as an emergency fund and $80 billion for an escrow fund.
An independent consultant for the Finnish embassy in Lusaka found high levels of 16 heavy metals, including lead, arsenic, and uranium, in the tailings waste. Drizit's testing, thousands of samples taken by a team of about 30 experts, showed "extremely hazardous substances" including cyanide, arsenic, uranium, and other heavy metals across land and river banks.
The 385-page report leaked to the press last week revealed that the spill released more than 1.5 million tons of toxic waste, 30 times what Sino-Metals previously reported. This revelation has added to the urgency of the situation, as removing those toxic pollutants is urgent, as Zambia's rainy season begins around November and heavy rains could cause the contamination to migrate, affecting an even larger population of Zambians.
The U.S. embassy in Lusaka issued a warning on Aug. 6, advising its citizens to avoid the impacted areas and relocating its own personnel, as contaminants could become airborne, posing a health threat if inhaled. Sino-Metals has faced accusations of surveilling journalists, nonprofit workers, and lawyers, and restricting them from visiting affected communities, particularly Kalusale.
In July, the government put out a call for bids for the cleanup. However, Sino-Metals fired the South African firm Drizit Environmental after it notified the Zambian government and the company of its findings about the extent of the spill. Legal experts believe Sino-Metals could use these agreements to shield itself from demands for $420 million in emergency compensation and $90 billion for long-term cleanup and restoration.
The situation in Zambia serves as a stark reminder of the potential risks associated with large-scale mining operations and the need for proper environmental safeguards and accountability. It is hoped that the Zambian government will take swift and decisive action to address this environmental disaster and protect its citizens from further harm.
