Mining Law and Environmental Issues in Africa (original) (raw)
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Mining Law in Cameroon: A Blueprint for Investors in the Sector
Legal studies and Justice , 2024
Cameroon is currently at an important crossroads as far as the development of the mining sector is concerned. In recent times, the mining sector has undergone series of legislative reforms with the aim to spur the interest of investors in this sector of the economy. These legislative reforms have also been in line with the country's vision to become emergent by 2035, with the mining sector been one of those sectors to spur the realization of this vision. This paper therefore aims at examining the extent to which the Cameroonian mining law has become a tool to attract investors in this sector of the economy which in the past decades has witnessed a downturn of investors. The paper makes use of the qualitative research methods. Despite significant strides that the Cameroonian government has made to make to lure the interest of investors, inadequacies of the mining law, lack of transparency and accountability, discrimination in terms of obtaining certain mining licences and political instability are the major setbacks that has hindered the continuous growth of the sector. It is in this light that the research recommends both nationals and non-nationals should be involved in artisanal mining, tax and customs incentives should not only be limited to holders of semi mechanized and industrial mining permits or licences, transparency and accountability should be strengthened through continuous publication of mining data and declaration of revenue obtained from this sector, and rehabilitation of the mining sites should be effectively supervised by the concerned body.
Mining in Africa: regulation and development
Review of African Political Economy, 2010
Poissant de recherche sur la gouvernance et l'aide au développement of the Institut d'études internationales de Montréal (IEIM) and the Faculty of Political Science and Law at the Université du Québec à Montréal (UQAM).
Cornell Law School Inter-University Graduate Student Conference Paper No. 12/2008, 2008
The Democratic Republic of the Congo (DRC) is endowed with vast mineral wealth. However, although renewed activities in the mining sector ameliorated the DRC's fiscal position and GDP growth in 2005-07, generally the peoples of the DRC neither participate in nor benefit from the exploitation of mineral resources. The problem is that the exploitation of mineral resources in the DRC go against the interests of the Congolese peoples. To be sure, the Congolese peoples are some of the poorest in the world. The main purpose of this paper is to explore the ways in which the peoples of the DRC can in domestic, regional and international law gain control over mineral resources. Accordingly, the basic question for this paper is: What legal justifications in national, regional and international law could serve to increase the control of the peoples over mineral resources in the DRC? The paper argues that the scholarship on the legal justifications for a people-based mineral control do not fully articulate the right to control mineral resources (RCMR). The existing scholarship on the RCMR is limited in that it fails to: (1) fully articulate the RCMR, (2) examine the RCMR in terms of first and second generations of human rights and in terms of national mineral resources law, and (3) address the RCMR in the particular circumstances of the DRC. This paper fills up these gaps in the scholarship on the RCMR. Firstly, the paper demonstrates that, in Congolese law, regional and international law, there is more than one principal justification for a people-based control of mineral resources. These justifications include popular sovereignty, socioeconomic rights, the right of peoples to enjoy their national wealth, economic self-determination, permanent sovereignty over natural resources, and the right to development. Secondly, the paper utilizes democratic and socioeconomic rights enshrined in the Congolese Constitution and the Mining Code as a point of departure in advocating a people-based control of mineral resources. Finally, the paper gives an overview of the exploitation of mineral resources in the particular circumstances of the DRC.
MINING IN NIGERIA AND ENVIRONMENTAL PROTECTION: EXAMINING THE LEGAL AND INSTITUTIONAL FRAMEWORKS
Oluwatoyin Oyeronke Ajayi, 2023
It is no longer news that the economic drive of the present government in Nigeria to increase revenue generation include among other things exploration and mining of solid minerals. Nigeria in her efforts to diversify from being a mono economy majorly dependent on crude oil seeks to develop her vast mineral resources. However, it is not without gain saying that mining and mineral explorations despite its economic benefits, has great potentials for environmental damage if not sustainably managed. The paper seeks to explore the need for the country to explore the resources, the implication for the environment and the imperative for necessary precautions to prevent and minimize adverse environmental impacts within the ambit of the law and established international principles and chart the way forward to aid reduction in pollution. This paper adopted the doctrinal research design. Data was sourced from both primary and secondary sources. Primary sources of data were statutes like Nigeria Minerals Mining Act and the regulations; while secondary sources were garnered from books, journal articles, conference papers, research report, newspapers and Internet. The paper discovered that Nigeria is not bereft of laws to regulate the mining industry, and it is up to date with relevant international best practices. However, the country needs to strengthen the regulatory agencies to ensure compliance going forward.
Regulating mining in Africa : for whose benefit?
2004
One of the main hypotheses underlying much of the discussion about extractive industries, and a central recommendation in the Report of the World Bank Group's Extractive Industries Review, is that ...
A Review of Environmental, Energy and Natural Resources Law and Policy in the Republic of Congo
Oxford Yearbook of International Environmental Law, Volume 31, 2021
This paper examines recent developments in the law and policy of the Republic of Congo regarding the environment, energy, and natural resources. It focuses on developments during the year 2020. In this regard, the first part presents the various aspects of international environmental law that have been incorporated into the national legislation and thus enrich it. The second part, on the other hand, deals with national legislation on agriculture, fisheries, land ownership, energy, and natural resources.
African Human Rights Law Journal
SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area...