Declaration of Rights in the Constitution of Zimbabwe, particularly
Section 73 on environmental rights and other regional and international
human rights instruments.
2.
Detailed background of complaint:
a.
Complainants are community members residing near Murowa Diamond
Mine under Chief Mazvihwa in Zvishavane. They allege that as a result
of mining activities, Murowa Diamond Mine has been polluting the
environment in Mazvihwa community due to mine blasts which produce
excessive dust.
b.
They further allege that in 2012, a number of children at Baradzanwa
Primary School near Murowa Diamond Mine were taken sick due to
excessive dust emissions from the mine.
c.
The children were treated at Murowa Hospital. The case of dust pollution
was taken up with the Environmental Management Agency (EMA) and
the Ministry of Health and Child Care. However despite the two offices
conducting investigations and coming up with reports which the ZHRC
was furnished with, complainants allege that the case has not yet been
resolved.
d.
It is further alleged by complainants that the blasting at Murowa Diamond
Mine has resulted in some of their houses cracking. To date more than
200 households have been affected.
e.
To rectify the situation, the respondent constructed about 9 houses for
some of the affected complainants. Complainants, however fear that
their houses will no longer be safe for human habitation if the blasting
continues.
f.
Complainants further aver that they lodged their complaints with the
company management to no avail as the company does not respond to
their queries. Efforts to engage in a dialogue with the company
management concerning the dust levels have been fruitless as the
company management in Zvishavane does not cooperate.
g.
Complainants sought assistance from the ZHRC to intervene by
investigating violation of their rights through dust pollution and the issue
of cracking houses.
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