MINING SECTOR DEVELOPMENT P IN WEST AFRICA A P A AND ITS IMPACT ON CONSERVATION C O S T U D I E S - N U M B E R P r ogr a m m e Ai r es Pro t égé es d’ Afrique du Centre et de l’Ouest 10 IUCN-West and Central African Protected Areas Programme MINING SECTOR DEVELOPMENT IN WEST AFRICA AND ITS IMPACT ON CONSERVATION IUCN, International Union for Conservation of Nature 2012 The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN [** or other participating organizations] concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The views expressed in this publication do not necessarily reflect those of IUCN IUCN does not take any responsibility for errors or omissions occurring in the translation into [other language] of this document whose original version is in French. Published by: IUCN, Gland, Switzerland and Ouagadougou, Burkina Faso Copyright: © 2012 International Union for the Conservation of Nature and its Resources Reproduction of this publication for educational or other non-commercial purposes is authorized without prior written permission from the copyright holder provided the source is fully acknowledged. Reproduction of this publication for resale or other commercial purposes is prohibited without prior written permission of the copyright holder. Citation : IUCN/PACO (2012). Mining sector development in West Africa and its impact on conservation. Gland, Switzerland and Ouagadougou, BF: IUCN/PACO. ISBN : 978-2-8317-1440-0 Cover photo : Yann Itard Produced by: IUCN-PACO – Protected Areas Programme (see www.papaco.org) Available from : IUCN – West and Central African Programme 01 BP 1618 Ouagadougou 01 Burkina Faso Tel: +226 50 36 49 79 / 50 36 48 95 E-mail: [email protected] Web site: www.iucn.org / www.papaco.org The "études du Papaco" (Papaco Studies) series offers documented analyses which aim to stimulate reflection and debate on the conservation of biodiversity in West and Central Africa. It sheds light on a situation or a topic, but does not claim to provide an exhaustive coverage of the subject. Readers wishing to deepen the analysis, add ideas or share their opinions on the topics raised, are strongly encouraged to do so by sending their comments to: [email protected] Pertinent contributions will be put on line at www.papaco.org, under the section "études du papaco" where a discussion forum is opened for each study. ----------------------------- Report prepared by Yann Itard, and supervised by Geoffroy Mauvais (UICN‐PAPACO). IUCN‐PAPACO, 2011. « Mining sector development in West Africa and its impact on conservation ». Report, Jupiles, 65 p + annexes. It is also available on the website www.papaco.org under the "études du Papaco" section. This study was carried out with the financial support of the Agence Française de Développement (French Agency of Development). SUMMARY Be it for ore extraction, transformation or transport, the extractive industries at all levels damage the environment. The degree to which they do so depends partly on the substance being mined and partly on the existing natural environment. The damage can include land clearance, loss of farming land, dust, chemical pollution and noise. The extractive industries also cause populations to migrate, whether it be local communities displaced from the mining site or people who flock to it to try to benefit from the direct or indirect economic effects. This human pressure also has an impact on wildlife but particularly plant life (timber felling to clear fields and for firewood). Since the 1990s, the mining sector in West Africa has grown considerably, spurred on by attractive national mining policies on the one hand and high private sector investment from abroad on the other. This growth, encouraged and facilitated by international institutions, has led to the opening of a significant number of mines and oil fields and carries significant weight in GNP figures and export earnings. The mining and oil laws passed between 1990 and 2003 focused on both the fiscal aspects (mining fees, contracts to ensure a share in oil production etc.) and on the management of mining licences (rules of attribution, preventing overlap of mining licences for a given substance). The environmental aspects were more or less ignored, leaving mining companies to comply with “good practice”. The mining sector as a whole was governed solely by the Ministry of Mines. Since the 2000s, environmental laws have gradually developed, along with a realisation of the need to carry out Environmental Impact Assessments (EIA) for large industrial projects and to establish “environmental permits” prior to granting industrial mining licences. In almost all West African countries, this has led to the setting up of inter‐ministerial commissions responsible for examining mining licence applications and for overseeing impact studies: the Ministry of Mines is therefore no longer the only stakeholder and licences are granted jointly with the ministries of the Environment, Agriculture, Budget etc. Unfortunately, EIAs are not systematically required for quarries which can cause environmental damage comparable to that caused by mines. While the broad outline of what an EIA should contain is usually specified by law, there are no specific guidelines for mining sector‐specific EIAs or those where protected areas are involved. Furthermore, with a lack of mining environmental specialists, whether in the ministries responsible for the environment or for mines, the EIAs are seen by mining licence applicants more as an administrative formality than real studies, apart from a few large companies with sound environmental ethics. These recent environmental laws encompass earlier regulations regarding forests and wildlife, which remain the essential laws governing how protected areas are managed. The original documentation for many of these protected areas dates from colonial times and has not been updated in line with regulatory developments. The general finding of this study is that, overall, mining licences respect protected areas when the latter are clearly identified and mining pressures, if they exist, are mainly located on the periphery of these protected areas which rarely have a “buffer zone”. At the same time, all West African countries are trying to regulate and limit artisanal and small scale mining (for gold and diamonds) but such 2 activities are still carried out illegally in areas where mining is prohibited, in particular in protected areas. The situation for the oil industry is even more worrying: blocks set aside for oil exploration pay no heed to protected areas. Although oil production today is mainly off‐shore (which causes severe pollution particularly in the Gulf of Niger), future operations could be on‐shore (Mali, Niger), polluting land ecosystems. Recent structural changes in extractive industry operation attempt to give more consideration to the environment in general and to protected wildlife and plant life in particular. However, two major adjustments are required: ‐ The official status of protected areas, which were often created during the colonial period and have not kept up with regulatory changes, must be updated. This should also include a thorough evaluation of biodiversity in these areas: it is all the more difficult to protect conservation areas from the impact of industrial projects in that some of them have long since lost any flora or fauna worth conserving. ‐ Environmental impact studies for the extractive industries must be reinforced by making them compulsory for all activities (mines, quarries and oil fields) and by setting up an independent technical body with the required expertise to objectively assess these impact studies. Collaboration between the government and mining companies can have a positive effect on the environment and biodiversity conservation provided that strategic land development plans are drawn up and that the government has the human and financial resources necessary to fulfil their regulatory role over mines and the environment. 3 Contents Table SUMMARY ............................................................................................................................................... 2 List of Tables............................................................................................................................................ 6 List of figures ........................................................................................................................................... 6 Glossary ................................................................................................................................................... 7 Acronyms................................................................................................................................................. 8 Foreword ................................................................................................................................................. 9 Methodology......................................................................................................................................... 10 The Data: ........................................................................................................................................... 10 Approach: .........................................................................................................................................