
The Federation of Nigerian Mining Host Communities and its civil society
partners applaud recent attempts by the National Assembly, particularly the
efforts of the House Committee on Solid Minerals to amend the Minerals and
Mining Act of 2007, in an attempt to strengthen the legal and policy frameworks
to ensure the equitable distribution of benefits derived from the sector.
Previous to the current
bill Minerals and Mining (Repeal and Re-Enactment) Bill, 2023, we had on
numerous occasions advocated for the Act to be amended, particularly to reflect
the intent of Section 17(2)(d) of the Nigerian Constitution which provides that
“the exploitation of human or natural resources in any form whatsoever for
reasons,other than the good of the community, shall be prevented;” and Section
14(2)(b)and (c) of the constitution which states that the security and welfare
of the people shall be the primary purpose of government, and that “the
participation by the people in their government shall be ensured in accordance
with the provisions of this Constitution”.
In the light of these constitutional provisions, at the public hearing, we and
our civil society partners advocated for the following amendments, and are
holding this press conference to reiterate our stance. They are as follows:
1. The security
and welfare of mining host communities are critical and must be reflected
throughout the amended Minerals and Mining Act. In particular, we called for:
2. The expansion of
Environmental Impact Assessments to Environmental and Social Impact
Assessments.
In addition to this, we
propose that the bill make a provision that compels artisanal and licensed
operators to conduct and publish bi-yearly impact reports of their mining
activities as a requirement for their continued mining operations with clear
penalties for default.
3.Inclusion of Civil
Society Organizations and Mining Host Communities in state MIREMCOs. The proposed Section 9
which seeks to amend Section 19 of the Principal Act should be amended to
include a rotation of representatives of civil society organizations and mining
host communities as members of the Mineral Resources and Environmental Management
Committee(MIREMCO). This inclusion would foster greater transparency,
accountability,and community participation in decision-making processes. In
addition to having a representative of affected mining host communities and
CSOs, at each sitting where issues that impact their communities are discussed
as active participants in the process.
4.Chairmanship of, and
Acknowledgment of State Autonomy in MIREMCO. We commend the proposed
amendment to Section 19(2)a of the Principal Act which gives the chairman of
MIREMCO to the State Commissioner of Solid Minerals and the autonomy granted to
state governments in MIREMCO is commendable, as it enables tailored approaches
to address regional challenges and priorities within the mining sector.
However, the problem of the funding of state MIREMCOs still exist and was not
properly addressed in the proposed amendment. We therefore recommend that
funding of state MIREMCOs should be housed in the Central Bank of Nigeria which
is independent of the State and Federal arms of Government.
5.Clarity and
Specificity on the definition of the term “Community”. We also advocate
that this term to be inclusive of affected communities.
6.Clarity and
specificity of the term ‘Community Development Associations’. The proposed
Section 33 which seeks to amend Section 116 of the Principal Act should be
amended to recognize that not all communities have an‘organised’ existing
community development association. As such, ‘association’as stated in this
subsection must be verified and approved by the state, with executive members
elected by members of the community, to be regarded as legitimate stakeholders
in the mining sector and authorised to receive the 5%derivative from mining.
This measure would ensure that there is a standard set for these associations
and to curb the issue of multiple associations claiming the right to receive
the 5% derivative. More so, the law needs more clarity on what the Community
Development Association is composed of, and what they would do with the
funds/the formula for utilizing the funds and ensuring transparency.
Also,determining the
leadership of the community with the authority to sign a CDA is another
consideration that must be had. State governments should ensure that host
communities are active participants in the Environmental and Social Assessment
process, and are equipped with access to the services of a lawyer,an
environmental impact expert, and a non-profit organization able to advise them
and vet agreements, to ensure their free, prior and informed consent before
agreements are entered into. Furthermore, wide consultations with all segments
of the community must also be reflected as having agreed to the terms of the
CDA before it is entered as signed.
7. Community
Development Agreements(CDAs). CDAs do not presently
reflect environmental and social impact assessments or their recommendations.
Free, prior, informed consent must also be sought with the full import of the
EIA explained to the community before they agree on the terms of the CDA.
8.Regulation of
Artisanal and Small-Scale Mining. We commend the inclusion of specific
provisions aimed at regulating the Artisanal and Small-Scale Mining Sector.More
than 80% of solid mineral mining in Nigeria is artisanal in nature.Effective
regulation is essential to promoting responsible mining practices and
safeguarding the environment and the rights of mining host communities. We
therefore recommend the development of artisanal mining regulation code in this
regard.
9.Separation of
regulatory and administrative functions of the ministry. The ministry of
solid mineral development is currently saddled with the responsibility of
regulation and administration. We therefore recommend that these roles be
separated with the ministry solely responsible for the administrative functions
under the mineral and mining Act while the regulatory function be moved to a
unit created at the Federal Ministry of Environment.
10.Derivative Allocation
for Mining Host Communities. We recommend the inclusion of the provision of a 5%
derivative for mining host communities, separate from the 13% allocation to the
state recognizing the integral role in mineral resource extraction and the need
for equitable Benefit-sharing.
11.Inclusivity in Board
and Committee Composition. We recommend that the bill make deliberate provision for
gender, youths and persons with disability in the constitution of all boards
and committees established under the Act. This will ensure diverse perspectives
and representation, contributing to more balanced decision-making processes.
12.Completion of Social
and Environmental Impact Assessments before Issuance of Licenses. We recommend that
the proposed bill amend relevant sections of the Principal Act to ensure
exploration title holders fully complete Environmental Impact Assessment before
mining licenses are granted.
Conclusion
The Federation of
Nigerian Mining host communities and its civil society partners commend the
efforts of the National Assembly to introduce legal reforms aimed at ensuring
equitable governance of the solid mineral sector. We insist that the proposed
amendments to the Act must better serve the interests of all stakeholders,
particularly mining host communities, promote sustainable development in the
mining sector and contribute to the socioeconomic advancement of our nation.
Signed,
● All state chapters of
The Federation of Nigerian Mining Host Communities
●
Centre for Community Excellence (CENCEX)
●
Change Partners International
●
Global Rights
●
Heroine Women Foundation
●
Initiative for Social Development
●
Keberkache Women Development & Resource Centre
●
Keen and Care Initiative
●
Methodist Care and Development Trust
● Neighbourhood
Environment Watch (NEW) Foundation
●
New Generation and Social Development Initiative
●
Srarina Initiative for Peace Justice and Development
●
Stephanie Peace Building & Development Foundation (SPADEV)
●
Trees on Earth Development Foundation
●
Urban Alert
●
Women in Extractives
●
Women in Mining in Nigeria
●
Women Inspiration Development Centre
●
Ziva Community Initiative









































