UN slams govt over Tsumeb smelter ‘toxic impunity’
‘Grandfather’ clauses shield owners from liability
Residents suffered decades of arsenic and sulphur emissions, and a legal loophole protecting mine owners from accountability.
Despite decades of international and local studies confirming the devastating impact of emissions from the Tsumeb smelter on residents and the environment, Namibia continues to shield its owners from liability through a controversial legal loophole.
In a strongly worded letter, four United Nations (UN) special rapporteurs accused the government of enabling both the smelter’s previous owner, Dundee Precious Metals, and current owner, Sinomine, to undermine and discredit research into Tsumeb’s water, environment, and public health.
According to the UN, researchers were prohibited from publishing findings in scientific journals, while management evaded responsibility by shifting blame to past owners - even as they claimed to monitor pollution levels. Scientists, the letter notes, were pressured during studies, and smelter operations were deliberately altered to manipulate results.
The rapporteurs also allege that both the companies and government denied workers and residents access to critical health and environmental information. Under Article 33 of Namibia’s Access to Information Act, government is obligated to release such data, but the law - though gazette - remains unenforced.
Grandfather clause ‘entrenches impunity’
The letter highlights that since the smelter began operations in 1963, ownership changes were structured to block accountability. This includes the use of a so-called grandfather clause, which prevents new owners from being held responsible for past environmental damage.
The clause was embedded in the 2016 sale of the smelter from Weatherly International to Dundee Precious Metals and carried forward in last year’s transfer to Sinomine. As a result, Dundee and Sinomine remain shielded from any historical liability.
When the Tsumeb Business Consortium petitioned the Namibian Competition Commission to block the latest sale unless both companies accepted responsibility for rehabilitation, health checks, and future liability, the request was dismissed. The sale was approved without conditions.
A toxic legacy
The UN rapporteurs expressed “grave concern” over toxic by-products such as arsenic trioxide, sulphuric acid, sulphur dioxide, lead, cadmium, and mercury - substances linked to cancer, infertility, miscarriages, and birth defects.
The smelter emits an estimated 10 tonnes of sulphur dioxide annually. Residents along the copper transport route report respiratory problems, while biodiversity has also been hit, with birds and plants dying. Studies as far back as 2010 and 2011 confirmed dangerously high arsenic, cadmium, copper, and lead levels in soil, water, and vegetation around Tsumeb.
Soil degradation has stunted plant growth, while municipal water - supplemented with the smelter’s recycled supply—has been linked to hair loss, vomiting, stomach pain, fever, and mouth sores.
Workers silenced
Inside the smelter, workers exposed to arsenic report lung problems, chest pain, asthma, and skin rashes, with significantly higher risks of lung cancer. Reproductive health issues, including erectile dysfunction, infertility, and miscarriages, have also been documented.
Yet, according to the UN, workers face major barriers to care. Company clinics often send employees home or reassign them rather than provide treatment, and doctors avoid making explicit diagnoses. Workers fear job loss if they seek independent care, while waiver forms are reportedly used to prevent legal claims for medical costs.
The UN urged Namibia and the companies involved to provide urgent answers and accept accountability for what they describe as a long-running human rights and environmental crisis.
In a strongly worded letter, four United Nations (UN) special rapporteurs accused the government of enabling both the smelter’s previous owner, Dundee Precious Metals, and current owner, Sinomine, to undermine and discredit research into Tsumeb’s water, environment, and public health.
According to the UN, researchers were prohibited from publishing findings in scientific journals, while management evaded responsibility by shifting blame to past owners - even as they claimed to monitor pollution levels. Scientists, the letter notes, were pressured during studies, and smelter operations were deliberately altered to manipulate results.
The rapporteurs also allege that both the companies and government denied workers and residents access to critical health and environmental information. Under Article 33 of Namibia’s Access to Information Act, government is obligated to release such data, but the law - though gazette - remains unenforced.
Grandfather clause ‘entrenches impunity’
The letter highlights that since the smelter began operations in 1963, ownership changes were structured to block accountability. This includes the use of a so-called grandfather clause, which prevents new owners from being held responsible for past environmental damage.
The clause was embedded in the 2016 sale of the smelter from Weatherly International to Dundee Precious Metals and carried forward in last year’s transfer to Sinomine. As a result, Dundee and Sinomine remain shielded from any historical liability.
When the Tsumeb Business Consortium petitioned the Namibian Competition Commission to block the latest sale unless both companies accepted responsibility for rehabilitation, health checks, and future liability, the request was dismissed. The sale was approved without conditions.
A toxic legacy
The UN rapporteurs expressed “grave concern” over toxic by-products such as arsenic trioxide, sulphuric acid, sulphur dioxide, lead, cadmium, and mercury - substances linked to cancer, infertility, miscarriages, and birth defects.
The smelter emits an estimated 10 tonnes of sulphur dioxide annually. Residents along the copper transport route report respiratory problems, while biodiversity has also been hit, with birds and plants dying. Studies as far back as 2010 and 2011 confirmed dangerously high arsenic, cadmium, copper, and lead levels in soil, water, and vegetation around Tsumeb.
Soil degradation has stunted plant growth, while municipal water - supplemented with the smelter’s recycled supply—has been linked to hair loss, vomiting, stomach pain, fever, and mouth sores.
Workers silenced
Inside the smelter, workers exposed to arsenic report lung problems, chest pain, asthma, and skin rashes, with significantly higher risks of lung cancer. Reproductive health issues, including erectile dysfunction, infertility, and miscarriages, have also been documented.
Yet, according to the UN, workers face major barriers to care. Company clinics often send employees home or reassign them rather than provide treatment, and doctors avoid making explicit diagnoses. Workers fear job loss if they seek independent care, while waiver forms are reportedly used to prevent legal claims for medical costs.
The UN urged Namibia and the companies involved to provide urgent answers and accept accountability for what they describe as a long-running human rights and environmental crisis.
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