The absence of an inquiry means there is still no explanation for the use of live ammunition against local people.
Msr Damy, Mme Francia Rasolonirina, Msr Andriamamonjy Jean Solomon were shot dead by state security forces whilst protesting against injustices surrounding Rio Tinto’s QMM mine in the southern Anosy region of Madagascar a year ago today (Sunday, 20 October 2024).
There appeared to be an immediate media blackout of the killings. Only one outlet reported the shootings, and this only mentioned one of the deaths.
There has been no inquiry, independent or otherwise, about what were essentially extrajudicial killings. There has been no justice for the bereaved.
Collapses
The protestors were occupying a piece of private land next to the road that goes to the QMM mine when the incident occurred.
The reason for the October manifestation was frustration that a promised clemency had not materialised in order to lift arrest warrants issued for leaders of the local Association, LUSUD: Eugène Chretien and Laurent Manjary.
The LUSUD leaders had been charged in absentia at a tribunal in July 2023 for being “enemies of the state”. This for their role in organising protests against the Rio Tinto QMM mine in June and July 2023.
This politicisation of protestors against the mining company could exact a five-year gruelling prison sentence with the risk of death. Events leading up to the October deaths were directly related to QMM operations.
In 2022, months of conflict occurred after two QMM tailings dam collapses, and the appearance of hundreds of dead fish led to a fishing ban. Malagasy ministers intervened after hostages were taken. A commission was set up to address community complaints. Some 8778 people submitted claims against QMM.
Unresolved
A study in the same year showed that more than 90 per cent of affected rural villagers negatively affected by QMM operations with income falling by as much as 45 per cent since the mine began.
A three-month fishing ban had deepened the locals' hardships. There are ongoing fears about QMM water contamination, the subject of a recently launched lawsuit against Rio Tinto.
The absence of an inquiry means there is still no explanation for the use of live ammunition against local people.
Despite Rio Tinto’s assertions that QMM's 2022 compensation process was correctly administered by QMM, verbal reporting from the ground suggested human rights violations, gagging orders and inadequate sums of compensation.
These were reported to the Business and Human Rights Resource Centre (BHRRC) who published the company’s explanation of the events, and rejoinders from civil society organisations.
In 2023, some 20,000 Antonosy people signed a petition of Association LUSUD demanding a cessation of QMM operations until unresolved compensation, social and environmental issues that remained unresolved were addressed. LUSUD leaders made multiple requests for a direct meeting with QMM, and the government. These were denied.
During this period the leader of LUSUD Eugene Chretien experienced a series of attempts to incarcerate him. Unconfirmed reports say his house was subject to a police search without warrant. His daughter taken into custody by the police without charge.
Acknowledged
When he finally attended the police station his accompanying lawyer was subjected to unacceptable treatment by local police.
By June 2023, after at least three failed attempts to draw QMM into a dialogue about the grievences, LUSUD organised protests and blocked the road to the mine.
Of approximately 127 arrested during the protest, 80 were incarcerated, including a seven-month pregnant woman and five QMM union members. Many were jailed miles from Ft Dauphin where they live, subjecting them to the risk of no food and other violations.
Arrest warrants were issued for the two leaders of LUSUD. They are still in hiding for fear of their lives. The warrants over the LUSUD leaders were directly related to contestation over QMM.
Responsibility
Rio Tinto has acknowledged the October deaths in a statement sent to The Ecologist. When the matter was raised at their 2024 AGM, the chair of Rio Tinto described the event as "something to do with the elections".
Rio Tinto was, in my view, misleading its investors by suggesting the events had nothing to do with its Madagascar operation.
Rather than recognise and deal with legitimate claims and grievances, Rio Tinto has politicised the protests. This allowed Rio Tinto to avoid any culpability, instead pushing responsibility for the deaths onto the government – its business partner, and essentially condemning those deceased as political agitators.
Rio Tinto is signed up to the UN Guiding Principles (UNGPs) 29/31, which require that QMM allows for individuals or groups to interact directly with an effective and legitimate operational level grievance process in which they can have trust.
Rio Tinto also has a public policy commitment to meet Corporate Human Rights Benchmarks (CHRBs) around human rights defenders (HRDs). Specifically, not to tolerate attacks on human rights defenders, and with an expectation for its business partners to do the same. That would include the Malagasy government.
Rio Tinto does not, according to the CHRB’s scorecard for the company, meet the third criteria of “committing to working with human rights defenders to create safe and enabling environments for civic engagement and human rights at local, national or international levels."
Repression
Looking at their repeated rejection of requests to meet with LUSUD, it would appear that QMM is indeed failing to meet the enabling engagement benchmark, and its UNGP commitments in Madagascar.
The two other benchmarks of zero tolerance for attacks on HRDs also fall into question when analysing the deaths from last October, and the systematic criminalisation of protestors against QMM over almost two decades.
The absence of an inquiry means there is still no explanation for the use of live ammunition against local people in October 2023.
As one local pointed out, not even when tensions were rising ahead of Madagascar’s 2023 national elections, and police fired tear gas and rubber bullets during traditional marches in the capital, did the police use real bullets against Malagasy citizens.
The right to assemble and protest is enshrined in Malagasy law. However, the current regime in Madagascar is increasingly repressive of civil society, with a chilling effect on human rights advocacy and action.
Corporations like Rio Tinto who work in countries with weak governance, systemic corruption and civic repression are all the more obligated to robustly implement their commitments to UNGPs and to human rights defenders.
Plight
In a year when a Global Witness report highlights the increase in threats to human rights defenders, noting that many human rights defenders' deaths go unreported, it is essential to highlight those less prominent in global movements who give their lives in seeking to protect their rights.
The deaths of Msr Damy, Mme Francia and Msr Jean Solomon, and their plight cannot and will not be forgotten.
Rio Tinto must:
- Ensure an inquiry into the October deaths and those responsible held to account.
- Review its policies to ensure commitment and implementation of all CHRB benchmarks for human rights defenders, and report on this openly.
- Accede to civil society demands for an audit of QMM compensation and grievance processes.
- Accede to civil society demands for an independent water impact assessment of QMM, that can inclusively address and remedy root causes of damage and conflict.
Right of Reply
A spokesperson for Rio Tinto told The Ecologist: "In 2023, the Fort Dauphin region and QMM experienced a series of demonstrations led by local organisation LUSUD. QMM’s operations were significantly impacted in late June when demonstrators blocked the main public roads leading to the Mandena mine site. 380 QMM employees were unable to leave the site for more than seven days, and we were forced to curtail most activities, leaving only essential services, such as the power supply to Fort Dauphin, connected.
"Madagascar’s Public Security Forces intervened on 3 July 2023 and several demonstrators and members of the Public Security Forces sustained non-life-threatening injuries in the process. On 19 October 2023, demonstrators again blocked the road. Although initially peaceful, a group of demonstrators went on to take individuals, including a police officer, hostage. It was the Public Security Forces’ intervention to free the hostages which tragically led to the fatalities.
"QMM was deeply saddened by these tragic events. We recognise the important role that civil society organisations and other human rights and environmental defenders play as important advocates for change. We support an open civic space and respect rights to peaceful assembly and expression, but we strongly reject any behaviour or activity, from any individual or organisation, which may threaten the safety and welfare of anyone.
"We cannot control the actions of others, but we are committed to finding ways to influence positive change. For example, we have worked in good faith to develop a program, aligned with the Voluntary Principles on Security and Human Rights, to improve the Public Security Forces’ understanding on the importance of respecting human rights in security arrangements and operations. This has included in-person training of the Public Security Forces in Fort Dauphin."
This Author
Yvonne Orengo is an independent communications practitioner and director of the Andrew Lees Trust, a British charity set up following the death of its namesake in Madagascar in 1994. Yvonne was based in Madagascar for more than six years where she developed the ALT UK’s strategic programme. She has followed the evolution of Rio Tinto's QMM project for almost thirty years.
