PYD Constructs a Viable Solution to the Land Dispute in Chisumbanje
Background and Introduction
The fuel crisis of 2006 – 2008 prompted the Zimbabwean government’s interest in biofuel production as an alternative to fossil fuel with Zimbabwe adopting a Brazilian national ethanol program but with little success. This led to the government through ARDA engaging Macdom Investments trading as Greenfuel, to establish an ethanol production project in Chisumbanje on a Build, Operate and Transfer arrangements (BOT) in 2008. Chisumbanje was a preferred location for the ethanol project due to its favourable biophysical resources. Green Fuel subsequently began working on the project in 2009, with the sugar cane being grown on two estates at Chisumbanje and Middle Sabi.
Nevertheless, the process by Macdom Investments to secure land for the establishment of the ethanol project was a serious breach of customary and communal land tenure arrangements. This large scale agro – based investment adversely affected food security in Chisumbanje and Chinyamukwakwa due to encroachment on communal land by the project. The encroachment into communal land heightened concerns over potential conflict between the project and villagers configured around food security, land protection and social justice. According to Borras and Franco (2012) a ‘land grab’ is the power to control large quantities of land and landed resources for capital accumulation, and this subsequently signalled a loss in access to land by the common villagers of Chisumbanje and Chinyamukwakwa.
Platform for Youth Development Trust was set up in 2003 by collective efforts of young people who had witnessed political violence in Chipinge District during the 2000 and 2002 elections, with a view to promote a culture of peace, tolerance and cohesion. Thus, programming activities of PYD were formulated within a conceptual framework of community development to improve the social, cultural, economic and political conditions of the people in Chipinge District. PYD is a non-partisan and non-discriminatory organization and was subsequently registered as a Trust in October 2008, MA 984/2008. Throughout this period, PYD was understood to be a transformative agent for the construction of community cohesion and common purpose. With this approach, PYD managed to foster a set of community achievement and engagement in relation to the land dispute.
Community Making and Social Justice
A Community includes people with many different points of view and the freedom to express them, but it has to be inclusive, with the great enemy of community being exclusion. A community is contemplative as it examines itself, thus it increase awareness of the situation around it and the implication associated thereof. PYD strived to ensure that a community becomes a safe place in the midst of a conflict with an intention to resolve it amicably.
Chisumbanje and Chinyamukwakwa communities found each other in response to the land dispute, as the conflict became a built – in condition. PYD main goal for achieving social justice in Chisumbanje and Chinyamukwakwa was about identifying and attempting to address structural disadvantage, discrimination and inequality that was glaringly open in the land dispute. The desire for social justice took the form of a struggle for recognition as there was a serious lack of socio – economic and political recognition and also the need for recognition of voice and identity of the land dispute victims. Recognition shaped the identity and expectations of the Chisumbanje and Chinyamukwakwa communities and its absence could have serious negative impact on community cohesion and common purpose. Thus, PYD endeavoured to create a framework that would encourage the community to have a critical questioning of the social context in which the injustice was being perpetrated.
Large Scale Investment in Chipinge District
Large scale investment can best be described as the transfer of rights to use, control or own land through sale, lease or concession. In the case of the Chisumbanje Ethanol project, land was converted from local community use to commercial use when Greenfuel encroached onto the communal land of Chisumbanje and Chinyamukwakwa. The process of the transfer of land use in Chisumbanje and Chinyamukwakwa was not based on free, prior and informed consent of the communal land users and also not based on a thorough assessment of the investment, but the project was in serious disregard of social, economic and environmental impacts.
The Chisumbanje Ethanol project can be termed as a crisis management investment, as the government was so determined that it will act as a sanction busting measure. Therefore, there was more political bargaining than economic arrangement in the process of the project design and implementation. The political bargaining was subsequently done with opaque characters with complex political networks in Zimbabwe in order to establish the ethanol project. The Chisumbanje Ethanol project, exhibit huge deficits of transparency, accountability, and contributed to elite capture of land resources. This allowed poor decisions and corrupt practices to be formalized and implemented. ARDA has 5112 hectares of land at its disposal in Chisumbanje whereas the project required an excess of 40 000 hectares but Macdom Investments was allowed to conduct its large scale investment in the area. Thus, the local community was vulnerable and lacked socio - economic safety nets. The project encroachment onto communal land was done by the company despite the fact that such land is integrated into rural communities’ livelihood practices.
The ethanol project has been projected to have been built at a cost of around US$600 million and the face of the project is Billy Rautenbach, a controversial businessman in Zimbabwe. Due to its nature of not being properly conceived, negotiated, and implemented, the project posed a series of threats to the social, cultural, and economic stability in Chisumbanje and Chinyamukwa areas because they depended on land for their livelihood.
The various attempts by the company to dispossess the villagers of Chisumbanje and Chinyamukwa of their land generated varied forms of conflict and resistance which became the order of the day. This was exacerbated by inadequate consultations, unfulfilled promises from Greenfuel and created uncertainty and mistrust within the local community. The ethanol project failed to institute effective arrangements that could protect the rights of the community and ensure trust from the local villagers.
The Essence of PYD Intervention Model
Platform for Youth Development (PYD) intervention model was premised on a strategy to achieve local social, economic and cultural resilience. Soon after the 2008 harmonised elections and the subsequent June 2008 run-off, the organisation conducted various community meetings and peace initiatives with a view to promote tolerance and social cohesion. The community was greatly affected by the violent electoral campaign. The community making and peace initiatives helped clarify the nature of peaceful approaches and behaviours in community settings, and learn how to develop, refine, and utilize them in community practice. When conflict was described as not just an issue of human security but also a significant driver of food insecurity in local communities, the participants that included community stakeholders raised the issue of Greenfuel. Thus, the focus was shifted to land rights and social justice.
Communal land forms part of a broad right to life that underlies Chisumbanje and Chinyamukwakwa livelihoods. PYD intervened because of a strong view that the obligation to respect, protect and fulfil rights includes a duty to refrain from interfering arbitrarily with customary or traditional arrangements for land and reckless polluting water sources in the area. The ethanol project was emboldened in misinformation, hearsay and assumption within the community. Thus, the community and the traditional leadership in Chisumbanje and Chinyamukwakwa officially mandated PYD to assist in providing the missing information about the Greenfuel project. The most sought after information by the community and the traditional leadership related to the economic arrangement between ARDA and Macdom Investments and the role of the Zimbabweans in the arrangement. The PYD main objective in its communal mandate was to provide accurate information that would inform the community engagement process. In the same process, community members faced arbitrary arrests, threats and even their crops ploughed down by Greenfuel, and on each occasion, PYD provided litigation services through its networks.
The intervention efforts by PYD resulted in the formation of DEPIC (District Ethanol Plant Implementation Committee), after an inter-ministerial committee recommended for its formation and mandated it to bring together all key stakeholders linked to the project. This was a solid information platform, to assess and monitor the ethanol project and its implications to the socio – cultural, economic and environmental conditions of the community. It became a comprehensive, timely and relevant platform that provided the community, traditional leadership and the government with the information they required in order to monitor and mitigate the impacts of the ethanol project.
Community representatives to DEPIC were popularly elected and Claris Madhuku was elected as an acknowledgement and endorsement of the role that PYD was playing to amicably resolve the land dispute. PYD also provided human rights training to the community to enhance their understanding of issues of land rights and social justice. The newly established ethanol project did not accord well with the practices and norms of the community. Therefore, the land rights and social justice trainings were in parallel with local, regional and international human rights laws in the emphasis upon right to resources vital for livelihoods of local people. The community found that the conceptual framework of the investment did not fit with their local conceptions of livelihoods.
PYD trainings provided a safeguard against a potential social dynamite that was ready to explode as the community was then trained on positive civil disobedience approaches. Thus, PYD promoted human and civil rights and responsibilities whilst at the same time challenged the underlying causes and effects of structural power imbalances that was slowly manifesting in Chisumbanje and Chinyamukwakwa communities with a view to allow the community move towards the long term goal of a more equal, inclusive and non - sectarian community. On 4th of December 2017 and 11th of July 2018, PYD convened strategic meetings with Chisumbanje and Chinyamukwakwa communities to review the state of affairs of the land dispute. The meetings noted with grave concern the outstanding issues that merely needed political will to implement and were only hampered by the arrogance of the member of the house of assembly.
Gaps Limiting Social Justice Advocacy
As the social justice advocacy was gaining momentum and the community gaining confidence in its engagement approach the 2013 Harmonised Elections changed the political narrative of Chipinge District. The elections ushered in a new Member of the House of Assembly. Enock Porusingazi was elected as the representative of Chipinge South. Therefore, it became imperative to understand the socio – economic and political context in which the ethanol project was now being viewed and/or defined.
Mr Enock Porusingazi came with a belief that the DEPIC had no technical ability to assume greater responsibility of engaging the project and subsequently disbanded the committee. It is of the old idea that still persisted in his political orientation that a formal political representative decides for the people and the people have to appreciate. Community participation was subsequently complicated by the politicization of the ethanol project. DEPIC platform was a process that was intended to be inclusive and serve the interests of the community as well as the project, and it effectively perpetuated the exclusion of some part of a community and served the interests of those politically connected to the member of the house of assembly.
The disbandment of DEPIC affected the drive towards a meaningful social change that was beginning to bear fruits in the community. Mr Porusingazi failed to grasp the basic fact that social change can occur at three levels. The first level of change occurs at a structural level where community based organisations (CBOs) and political mobilisation strategies normally shift control of resources and power to the community. For effective social dialogue, the second level of social change premised on the contestation of ideas was important, where the key stakeholders came to an understanding of their interdependence and the value of mutuality, reciprocity and compassion. This was a key component of DEPIC in order to inculcate a culture of finding common ground. The final level of social change is normally seen at a skills level where the ethanol project stakeholders became skilled in articulating concerns, identifying needs and resolving conflicts, and in so doing, became active agents for social change. The current elected member of the house of assembly for Chipinge South Constituency has a lamentable tendency to dismiss any work from community members, let alone community based organisations which reinforces community polarization trends.
Since the project was a product of a political bargaining process, it was necessary to clarify the human rights implications of the ethanol project in order to make it clear that both the company and the governments had obligations that they could not simply ignore for the sake of attracting capital. This complex nature of the characteristic of the Chisumbanje Ethanol project presented gaps limiting social justice.
The Land Dispute from 2008 to current Date in Brief
In the words of Prof Arthur Mutambara’s inter – ministerial committee report of 2012 on the Chisumbanje Ethanol project, the project is of national strategic importance. However, there is currently no national policy guiding the biofuel policy to reflect its national importance but there exist progressive pronouncements made by reputable institutions and/or organisations. In 2012, the inter – ministerial committee recommended that there be a joint district implementation committee be set up and include the Council Chairperson, all local chiefs, the local Member of Parliament, two Councilors, two workers union representatives and four representatives of 7 the displaced and affected households (two from Chisumbanje and two from Chinyamukwakwa). The district administrator was to be the chairperson of the committee. However, after the 2013 harmonised elections, the committee at the instigation of the local member of the house of Assembly in collaboration with the then Minister of Energy and Power Development, Dzikamai Mavhaire. The 2014 Portfolio Committee on Youth, Indigenisation and Economic Empowerment report to the national assembly reinforced the need to have a DEPIC platform. Other civil society organisations like ZELA, Ruzivo Trust, CiZC captured the community sentiments on the lack of an engagement platform.
Efforts made by the Platform for Youth Development to engage and talk
Popularly elected community involving all stakeholders
Monitoring human rights violation
Seeking government intervention in terms of the policy pronouncements
Confrontations (Demonstrations at the mill site and public resistance)
Media advocacy
Human rights training
Litigation
Community information dissemination
Training on NonViolence
Issues that remained outstanding
No clarification on the boundary
Unfulfilled compensation
No land audits and verification on complaints linked to beneficiaries
No community share ownership trust
No clear social responsibility thrust from the investment
Negative impact on Women ( School Dropouts, early Child Marriages, Prostitution, Divorces due to increased levels of domestic violence, usurpation of traditional leadership power by political and partisan players, intervention by Green fuel in terms of conflicts related to the boundary disputes to weaken the stronger voices, disregard for community platforms meant to engage and talk
The Opportunities for Social Dialogue
Engaging with the new government
Clarifying the voice and demands by the community
Advocacy on the impact of the project on the livelihoods of the villagers and small-scale farmers
Legal intervention to challenge
Conclusion and Way Forward
Platform for Youth Development Trust has been advocating for the reinstatement of DEPIC as it was a mutually beneficial vehicle for engagement and community cohesion. Its effectiveness was disempowered by the local member of the house of Assembly, Hon Enock Porusingazi. The continued absence of this platform is retrogressive and do not augur with the principles of community engagement and development.
That the local member of the house assembly Hon Enock Porusingazi abides by the various recommendations on the Chisumbanje Ethanol project.
From an observation point of view, the investor has been given too much free play, with less or no pressure to conform from central government. The resultant effect is that, the investor is dictating the pace and arrogantly dismissing any concerns raised by the villagers
Central government to provide a mechanism for feedback that pressures Green fuel to conform to promises. Other national projects like Chiadzwa and Murowa have received government attention. Green fuel project seems to be an exception therefore increasing the perception that the investor is an untouchable government partner.