KCNRN

STORY OF CHANGE FROM KWALE

Kwale County Natural Resources Network (IMG-20150212-WA0004KCNRN), a Community Based Organization, formed in the year 2011 with the aim of sensitizing and mobilizing communities in the County to play an active role in the formulation of policies and legislations at both the County and National levels of governance to shape the way natural resources will be managed in the future. It is important to note that the process of forming the network had started earlier. The initial idea was to form a network focusing only on management of forests in Kwale County but in the process, it was realized that a holistic approach to natural resources management was a better approach. Currently KCNRN has 111 registered individuals, 10 Community Based Organisations (CBOs), 2 Private Companies and 3 Community Forest Associations (CFAs). Its membership also works closely with the National Museums of Kenya (NMK), National Environment Management Authority (NEMA), Kenya Forest Service (KFS), Coast Development Authority (CDA) and County Government of Kwale.

The Vision of the Kwale County Natural Resources Network is a developed and sustainably managed natural resources base in Kwale County and Kenya in general, for posterity. Our Mission is To promote community livelihoods in Kwale County through development of sustainable and participatory natural resources management in collaboration with other stakeholders. Our Mandate is derived from the fact that Kwale County Natural Resource Network is a membership group driving towards sustainable development by linking the community, private sector and relevant governmental departments. This network was initiated with the knowledge that the local Kwale livelihood groups need to be capacity built in effort to enable them to seize development opportunities in Kwale County. It is also a mandate of the Network to sensitize community members on their rights and also lobby for them from relevant authorities. This is in line with the Constitution of Kenya 2010 which stipulates public participation in the formulation of laws and policies including laws governing the management and exploitation of natural resources. In performing its functions, KCNRN upholds the following core values:  Commitment  Equity  Team-work  Transparency and accountability  Professionalism  Integrity The Network Goal is to advocate for the sustainable utilization of natural resources for improvement of community livelihoods. In support of promoting the Networks’ core Values, KCNRN’s objectives are: 1. To network and collaborate with other stakeholders relevant to the field of natural resources management. 2. To promote sustainable management and utilization of Kwale county natural resources. 3. Working with both county & central government on natural resources management issues. 4. To support the review and formulation of natural resources and other related laws/regulations affecting the County and their implementation. 5. Promote and enhance Information sharing between its members and the government on Natural Resources Management issues. 6. To enhance the capacity of the Network on Natural Resources Management issues. The Guiding Principles of the Network are:  Effective community participation,  Sustainable resource utilization and development  Private-Public partnership  Equitable benefit and responsibility sharing  Local conflict resolution  Development and adoption of effective benefit sharing mechanisms  Encourage best practices for all engagements  Socially and morally acceptable  Participatory Kwale County has natural resources that are unique in their totality as one of the biodiversity hotspots in the world. The natural resources are of high socioeconomic value to both local communities and to the world as a whole. Locally, there sources support the survival of close to 650,000 people who depend on them for various services and livelihoods. They provide a wide range of wood and non wood products for local use, water for domestic and industrial uses, marine wildlife resources, , among others. In the recent past, the communities have started initiatives of income generating through nature based enterprises which contribute to poverty reduction and environmental conservation. The Key Achievements; Since its inception in 2011,the Kwale County Natural Resources Network has continued to influence Natural Resources Management decisions and related issues in Kwale County, Coast region and nationally through participation in convened forums to deliberate on natural resources management issues. The network has enjoyed recognition as the voice representing communities in NRM issues at the County as witnessed by the number of high level meetings Network members were invited to attend. These included consultation meetings with the Kwale County Governor, County Executive Committee Member on Lands, Mining and Natural Resources, County Executive Committee on Community Development, Sports and Children.As a result, the County Government of Kwale Supported the efforts of KCNRN on public participation and a call to intervene on Mining at Mrima Hill.. Issue Of Interest: The Proposed Mining of Niobium and Rare Earths at Mrima Hill Forest. The most significant achievement of the network is its contribution to public participation in the proposed mining of Niobium and Rare earths at Mrima Hill and the ultimate decision by the Kenya Government to cancel the irregularly issued mining license to CORTEC PTY Kenya. Mrima Hill Forest Reserve was gazetted in 1961, and made a nature reserve under the Forests Act in the early 1980s. Mrima Hill is also a Kaya (Traditional holy place), recognized by the site’s gazettement as Mrima Hill Sacred Grove National Monument in 1992.The site covers a total area of approximately 4.2 km2 and is covered with natural coastal lowland rainforest on the hill and scattered trees and scrubs found in the lower areas where five main villages are situated. Cortec Mining Kenya has been the holder of a special prospecting license issued by the Ministry of Mines and Geology to undertake exploration survey work on Mrima Hill for Niobium and Associated Rare Earth minerals. The site is located approximately 65km southwest of Mombasa in the Kwale District of the Coastal Province of Kenya and has been the focus of mining exploration with several Exclusive Prospecting Licenses (EPL) and Special Prospecting Licenses (SPL)granted to mining companies over the past 50 years. The results have shown that the site contains significant Niobium deposits, although to date there has been no mining of the resources. In 2011,Cortec embarked on a process to convert their Special Prospecting License to a mining lease and establish a Niobium Concentrate Plant on a site within 20kmof Mrima Hill. To achieve this, CORTEC submitted an Environmental Impact Assessment study Report (EIA) to NEMA. The report was subsequently advertised in the local media as required under the law, for the public to submit their comments and or nobjections to the project. The network became concerned after exhaustively going through the report as so many issues had not been addressed in the report by the proponents (CORTEC). The contentious issues raised by the Network are highlited below: • Landscape scarring and degradation: This had not been given adequate attention in the report.Since time immemorial, history has brought records that stand amazing to the accounts of how the world mines and mining as a whole has been handled by various nations in various parts of the world. Throughout these accounts one main thread of information has stood for ages as the eye catcher of all. This is in the way the mining process in the value determination and how this has been handled by various mining bodies and the complete end results that remain as the scar of the mine lands.The Network did not extract any evidence from the report that this had been Addressed convincingly. • Minerals valuation and community benefaction: There are concerns over the discrepancies between the value of the mineral and the socio- economic standards of the community living within the area of mining. There has been an outcry from communities living adjacent to mining zones as their standards of living continue to deteriorate due to lack of adequate plough- backs of mineral revenues to better the lives of such communities. Negative environmental impacts such as pollution and exposure to hazardous wastes continue to impact negatively on the lives of such communities. This has been the case as history holds accounts of several nations of the world that have invested heavily in mining but have lacked proper mitigatory measures to the mining impacts upon the mine lands and the inhabitants. In deed the report on Mrima indicated the formula for revenue sharing between the, National government, County Government and the community in the ratio 80%:15%:5% based on a meager remittance of 3% royalty of net profits payable to the Kenya Government. What the company failed to disclose is the real value of the minerals and the Network raised this as an issue of concern that would affect the stakeholders relationship with the mining company.The History of the mining companies declaring loses but minerals have been extracted exist in several countries particularly in Africa.Royalties have always been defined based on the company profit and not the mineral value. There is need for the governments involved to establish departments that will ensure proper monitoring scales of all the reports and documentation. This would help in ensuring a harmonious working environment that would be influenced by easy management of all the agreed upon terms and conditions of the whole processes.Countries have the benefit of achieving the workable blue print to all the land mines through various bodies. In Kenya One of such bodies is the National Environmental Authority that has been spearheading the process through mandatory Environmental Impact Assessment (EIA) to be undertaken by any mining company before licensing. However, EIA reports are often inaccessible yet they are public documents.The reports are usually advertised in local newspapers or posted on the NEMA website. Not many people are aware of such postings and the deadlines pass without the public making any comments on these reports,This indicates the need for NEMA to make the documentations Better accessed by the public for better participation.The County Ministry of Environment involved should also be on the forefront to improve the running of the whole process data handling.On various mine lands in most parts of the world, there have been records of discovery of various kinds of materials with radioactive properties. Most of these materials have been found to be hazardous to the lives and health of humans.The minerals at mrima Hill are of such nature.Niobium and rare earths are generally associated with radionuclide of Thorium (232Th), Uranium (238U) and Potassium (40K). Scientific studies around Mrima Hill indicate that the activity concentration of these nucleotides around Mrima is higher compared to other parts of the country. It is also indicated that the absorbed dose rates due to gamma radiation is higher than the global average and this could cause serious health hazards such as cancer of the lungs. Bringing the minerals to the surface would make the problem worse unless measures are identified to protect local communities around the mining zone. The EIA report submitted by CORTEC did not address these serious issues convincingly.No relocation proposals were given in the report. Several sites had been identified for the construction of the Niobium and rare earths processing plant. Yet the impacts on the health of surrounding communities had not been considered at all. There are many other similar hills in the area that have radioactive and extractive minerals. Some of these hills include Dzobo,Kuruku, and Nguluku Hills. Theses mineral hotspots have already attracted the attention of(CORTEC) and other mining companies. The companies involved have extended their exploration activities to these areas without clear legal frameworks. This is sad to notice as the inhabitants or locals in these areas have no idea what is going on and are vulnerable to suffer innocently on the long term health and life effects of the schemed mining. The efforts of the Network through a rigorous public awareness campaign and timely submission of grounds for objecting to the proposed mining of Niobium and rare earths to NEMA ultimately halted the proposed project at Mrima. The summary of reasons given by NEMA in rejecting the proposal is given below: 1. NEMA rejected the proposal submitted by CORTEC Mining (K) Ltd to mine Niobium and associated rare earths from Mrima Hill citing several reasons, including: • The fact that Mrima has not been degazetted as a Nature Reserve, Forest Reserve and National Monument by the respective ministers. • CORTC had not identified appropriate site for the construction of the processing plant • No EIA had been undertaken for the processing plant • Massive deforestation and loss of biodiversity. • No radiation survey had been undertaken for the area between mining site and the processing plant. • Interference with cultural and archaeological sites. The Director General’s letter to CORTEC is given as REF; NEMA/EIA/5/2/794 of 22nd of March, 2013 and was i categorical: The authority is unable to issue an Environmental Impact Assessment license for mining on Mrima Hill. Cortec Mining (K) Limited were advised to explore alternative site for mining. However, the saga resurfaced again after CORTEC issued an Environmental and Social Impacts (ESIA) for the processing plant. For reasons which remain unclear, the office of the Director General accepted the report and issued conditions for issuance of the environmental impact Assessment license. The Environmental and Social Impacts Assessment study report for the proposed processing plant indicates that the ores to be processed will be mined on Mrima Hill.This is in contradiction of the earlier decision made by the Director General not to issue an EIA license for mining on Mrima Hill. Again, the Kwale County Natural Resources Network raised several environmental issues of concern which were to be addressed by the CORTEC Mining Company before the environmental Impact Assessment license is issued:- • There were no adequate mitigation measures laid down by the Proponent on the serious threat of the radioactive emission during the processing activity, transportation and waste disposal. The procedure of minimizing this dangerous impact is not well covered, neither the compensation stated • The values of displacement and the possible opportunity costs were not indicated. This omission reserves a public scramble which disadvantages the weaker and less fortunate groups among the community such as the women, the elderly and the children. • The project area is a core potential farming land in Kwale County and that mining/processing activities could mean forgoing food production in place of cash. This opportunity cost impacts negative initiations in the National Food Security Program • The ESIA report did not specify on the technological procedure to be applied, the products, by-products and waste generated by the whole processing activity, to understand suitable mitigation plans • There were no indications of alternative projects to prove the processing plant is the best option. We were of the view that the construction and operation of the proposed processing plant without addressing all the issues raised will violate constitutional rights of present generations of Kenyans and any other person living within the proximity of the proposed project, to a clean and healthy environment as enshrined in the Constitution of Kenya 2010 and the Environmental Management and Coordination Act of 1999. Furthermore, the project will not benefit the people of Kenya and Kwale County in view of the fact that the proponent intends to pay the Kenyan Government royalties at 3% for Niobium and 5% for the rare earths. In fact CORTEC has been indicating in the local process that by the end of the project, Kenya will have raised only 25 billion Kenya shillings. Based on the value of the deposits as estimated by the proponent, the Kenya Government earnings are meager and do not justify the possible negative environmental damage and social disruptions that will arise from the project. . From these forwarded facts from KCNRN to NEMA, County Government of Kwale and the out cry of the local community was heard and there were revocations of Licenses for Mining Companies including that of Cortec Mining (K) limited which has proposed to mine at Mrima Ecosystem. CORTEC Mining (K) limited has sued the Government and other agencies for their actions and the case is still pending at the Court. Thanks to the efforts of Kwale County Natural Resources Network, its partners County Government of Kwale, WWF, ILEG, EAWLS and Collaborators NECSA and KeNRA for their continued technical support. . We should be noted that we are not against development but any development that may not benefit Kenyans and fails to respect the integrity of our environment will not be supported by the Network and kindly therefore we do request issuance of the environmental Impact Assessment License should be done inrespect of the issues raised and addressed through more inclusive, transparent and credible studies corroborated by independent and competent institutions or experts Challenges Some of the challenges the network experienced during the process to streamline the proposed mining at Mrima include: • Lack support fro sections of the community. The promises given by CORTEC were too sweet despite the fact that there were no binding agreements between the company and the community. • Continuous ill efforts created by section of the Stakeholders who view the Network as a threat to their dealings and poor exploitation of the Natural resources. • Approvals made by NEMA undermines the spirit of CSOs participation in proper utilization of Minerals resources in Kwale County. Sharing of Lessons Learned For successful engagement of all stakeholders in NRM in Kwale County, willingness of private sector to join the network, to participate in implementation and providing support to make it sustainable is important. This will reduce conflicts between the local community and investors towards partnerships, Field visit to Baringo County Objective of the visit: The main objective of the  visit/experience learning and mentorship programme was to facilitate members of the networks/forums to visit and engage in discussions with other county networks/forums on development, growth and operations of natural resource based networks/forums. Participants exchange ideas, share and learn lessons that could be useful in the growth and work of individual networks/forums. Learning by seeing is one of the best ways of developing CSOs capacities. This exchange visit comprised representatives from Kwale, Nakuru & Laikipia County Natural Resource Forums/Network to visit Samburu County Natural Resource Forum (SACONARF). Kwale County,The prime Tourist Attraction IMG_20141013_172805Kwale County is one of the six Counties found in coastal region of Kenya. The County is well endowed with a variety of natural resources arising from its landscapes diversity and complexity. These include but not limited to: forests (including Mijikenda Kaya sacred forests & Mangroves), pasture, freshwater & marine fisheries, high valued rocks and minerals, sand, salty beds and sandstones. Kwale is a prime tourist destination area boasting of magnificent wild life areas and beautiful sandy beaches such as Diani and Galu Kinondo. It hosts Shimba Hills National Reserve (paradise of the Sable antelopes), Kisite Mpunguti Marine Park in Shimoni and on its boundary with Taita Taveta, is Tsavo National Park. The County is mainly drained by Marere, Mwaluganje and Ramisi rivers. Rivers Marere and Mwaluganje have been harnessed to provide piped water for Mombasa City and the larger Kwale County. Livestock and mixed farming, mining, fisheries, formal employment and tourism are the livelihood activities common in the County.

Under the devolved Government, the issue of natural resources governance is bound to generate debates over ownership access and benefits sharing. There is a general feeling that the exploitation of the natural resources has not fully benefited local communities. It is expected that this situation will change to enable local communities to participate meaningfully in the management and utilization of natural resources. Kwale County has its fair share of challenges that directly or indirectly affect the development of its natural resources. Some of the key challenges are summarized below which needs critical deliberations: • Emergence of large-scale mining that impacts negatively on other natural resources e.g. Niobium mining threatens the existence of Kaya Mrima Hills Forest• Emergence of large-scale mining that could impact negatively on other natural resources • Human- wild life conflicts especially around Shimba Hills National Reserve and Samburu/Mackinnon areas of Kinango. • Increased extraction of wood fuel for various industries and institutions • Limited capacity and lack of awareness among the community groups on the responsibilities and opportunities available to them in natural resource management. • Lack of tangible benefits sharing mechanisms for revenues generated though Natural Resources exploitation. KCNRN PROGRESS OVERVIEW IMG-20150212-WA0012By 2016, KCNRN focuses in increasing participation of Kwale County CSOs in Natural Resources governance, policy processes and implementation towards appreciation of their values both locally and internationally. What specific objectives is the project intended to achieve 1. To build the capacity of the local community in understanding the rules, policies on natural resource management and their existing opportunities. 2. To Strengthen the capacity and functioning of the Kwale County Natural Resources Network 3. To create alternative Media engagement as a sources of publicity and innovatively developing a database for resources funding within the County. For the year 2013/2014 KCNRN has made a significant improvement in terms of bringing CSOs in Kwale County to form a formidable platform that addresses issues of Natural Resources Management, Advocacy and Networking with other players. The stated goals and objectives of Strengthening CSOs and Community Participation in Natural Resources Governance in Kwale County project relate to those in the EAWLS and ILEG plans. During the period, the following three objectives were addressed; 1) By October 2014 the Capacity of the local community was  built in understanding the rules, policies on natural resource management and their existing opportunities. By October 2014 Strengthening the capacity and functioning of the Kwale County Natural Resources Network was implemented, 3) By October 2014 Collectively developed and Compiled a database for community based organization in Kwale County working to address Natural Resources. Progress made so far a. Capacity of the local community has been built in understanding the rules, policies on natural resource management and their existing opportunities: The Kwale County Natural Resources Network (KCNRN) continued to influence NRM decisions and related issues in Kwale County, Coast region and nationally. Through recognition as voice representing NRM issues at the County as witnessed by the number of high level meeting they were invited to attend. These included consultation meetings with the County Governor, County Cabinet Secretary of Lands, Mining and Natural Resources, County Cabinet Secretary in Community Development, Sports and Children as a result the Governor and Cabinet Secretaries planned a support strategy to facilitate KCNRN to move around the County to continue creating advocacy to wider communities of Kwale, County Coordinator of National Drought Management Authority, County Coordinator of Kenya Agricultural Productivity Agribusiness Project. We had a constructive meeting with Private sector Base Titanium ltd and Lafarge Ecosystem where the Network made partnership and increased resource base and opportunities, We had a meeting with Diani Chale Marine Park and BMU stakeholders and discussed ways to mitigate challenges, understanding policies of Marine park and opportunities existence in marine ecosystem where we involved Fisheries officer from Shimoni Station. On proposed mining of Niobium and Rare Earth minerals in Kaya Mrima forest, NEMA declined to issue a mining license as most of the issues raised by the CSOs in Kwale had not been addressed. The KCNRN successfully brought together communities living adjacent to Shimba Hills ecosystem, ILEG, KFS and KWS to openly discuss issues of Human Wildlife Conflicts, Poaching and other illegal activities in Shimba Hills. As a result, the communities together with KFS and KWS develop actions point that both would adhere to ensure they work together. As a result of training on EIA process conducted to members of KCNRN, the network has established a technical team that will be reviewing and providing inputs on all EIA study reports for proposed development projects in environmentally sensitive areas to this we reviewed an ESIA report done by Cortec M ltd on the proposed processing plant and submitted our concerns to NEMA before the deadline o 10/7/2013 only to hear NEMA has issued a recommendation letter to Cortec Company allowing them to construct the processing plant. Towards enhancing the capacity of KCNRN members to be able to effectively manage and report its activities and expenditures we had two trainings one on financial management skills, filling of returns and governance and another one on Training in reporting compliance to legal requirements and information management b. To strengthening the capacity and functioning of the Kwale County Natural Resources Network is being implemented, Increased community participation in Group Dynamics and Management, benefit negotiating skills which was aimed towards enhancing the capacity of KCNRN members to be able to effectively manage and report its activities and expenditures we had two trainings one on financial management skills, filling of returns and governance and another one on Training in reporting compliance to legal requirements and information management as a result of this there are proper documented reports, Minutes, surrender and data of members who register to the Network. Also the Network executive and Secretariat were empowered with management and financial reporting skills. During the period, in popularizing the Network, we held Constituency level meetings in lunga lunga, Msambweni, Kinango and Matuga where we met Msambweni Beekeepers Association, members of SEGA Charcoal Producer Association and Local farmers. Also we had a meeting in Taru Kinango Sub County where we met with Nuru CBO a local community based organization which has 400 members and create d awareness and understanding KCNRN Objectives and status. During this period, several meetings on Environment and Natural Resources Management were attended. The Network members attended a 5 days training on Environmental Impact Assessment understanding legal terms and processes organized by WWF. The Network Secretariat together with a member of the Network attended two weeks training on policy and advocacy analysis at MSTCDC in Arush on policy issues. These trainings are part of WWF agenda to develop capacity of partners on advocacy. Other meetings and training workshops attended that relate to County NRM Network agenda during the quarter included, East African Wildlife Society (EAWLS) lessons sharing and learning event in Nairobi where we shared our findings, progress and challenges and made contacts with other networks, attended Kenya Coast Forest Conservation Forum to validate their constitution and attend their Annual General Meeting held in Mombasa Reef hotel and participated in its Election of its officials. We participated in a Governors Round Table meeting where we discussed proposals to be adopted by the County Government when developing its policies and regulations in the field of Natural resources. As For membership drive, efforts were seen where we conducted an intensive outreach and managed to recruited 34 individual new members and one Kaya Lukunda Conservation Organization which has 18 members, Majimboni Environmental and Natural resources Organization which has 30 members, Nuru CBO which has 400 members, Mwakamba Development group which has 21 members and Base Titanium ltd which currently has 1500 workers joined the Network, raising the total membership to 1973.We all know that advocacy is numbers. Presence of a natural resources platform in Kwale County has been welcomed by a wider section of Community, Private Sector and Government Agencies whom are now working together to compliment efforts that will add value to the livelihoods, Natural Resources and economic investment. c. To create alternative Media engagement as a sources of publicity and innovatively developing a database for resources funding within the County. This objective has not been implemented so far due to inadequate funding but for database we managed to compile and have the current groups operating in Kwale County in relation to Natural Resources and Environmental Conservation. We also managed to consult An IT expert for the development of the Network WEB SITE in which is yet to be launched and you can link to http:www.kcnrn.org for more information. Planned Activities: 1. Follow Up Activity for the Commitments made by Governor of Kwale during the Courtesy Visit where the following areas were discussed and they needed feedback Establishment of information centers/ service centers (public access to information) – in which we has agreed this action needs the development of a Policy and actual service centers. Kwale County Natural Resources Network to be involved in the Development Planning meetings both at Sub County and County level with reference to the office of the Governor therefore an action is to make a follow up visit and make further engagement. As promised by the Governor they will explore available opportunities to facilitate operations of Network to carry out more advocacy on Natural Resources Management, Functions of County Government and increase public participation. To inquire about the planned Mapping of Natural Resources in the County and possible forward our findings. We did some Courtesy Introduction to County Executives and other offices; Namely Done: a) County Executive in charge of Land and Mining, b) County Executive in charge of Youth & Women and County Development (MTP I & II), c) Co-coordinator of National Drought Management Authority, d) County Geologist, e) County Service Unit of Kenya Agricultural Productivity Agribusiness, f) KWS Senior Warden and Community Warden, g) Private Sector;- Base Titanium ltd, and LAFARGE-Bamburi Cement ltd and h) Ramisi Secondary School (consumption of water problem); -where we are required to advise both the School Administration, County Education Officer, Water Coordinator, County Government, Students and their parents on water resource safety and purification. i) Involvement of the Network in Integrated Strategic Planning – As County Government are in their final preparation to come up with their Integrated Strategic Plan therefore as a Network we should make a bold move and inquire if at all it captured our submissions, j) We held an Organizational Capacity Assessment that brought a lot of gaps and recommendations as a way forward to adopt. k) We managed to develop a 5 year strategic plan and launched it at a functioned blessed by 4 Kwale County Executive Committee members. l) We are also developing Network policies that will effectively govern our institution e.g. Election Policy, Monitoring and Evaluation Policy, Advocacy Strategy, Human Resources Policy, Communication Strategy and Financial Policy m) We have managed to forward our comments on Natural Resources Benefit sharing bill 2014, Water Bill, Climate Change Bill and Policy and now we are spear heading the development of County Forest Bill. n) We managed to conduct various survey on biological issues please find the reports attached.

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