It is always commonplace for host communities to lament neglect by miners, especially when it comes to adhering to Community Development Agreement (CDA) or carrying out Environmental Impact Assessment (EIA). PAUL OKAH in this report takes a look at the issues bordering on protection of host communities from exploitation and other negative activities of miners. From the Niger Delta to Zamfara, Niger, Ebonyi and even the Federal Capital Territory (FCT), there is no community where artisanal mining is taking place that has no complaint of exploitation by miners, especially when it comes to adhering to the implementation of Community Development Agreement (CDA).
While mining companies arguably make billions of Naira from mining, it is common for host communities to complain of the lack of Environmental Impact Assessment (EIA) by mining companies which often leads to polluted water, bad roads, destroyed farmlands and even failure of the mining company to implement what it promised the community in the signed CDA. Worse still, mining activities have reportedly attracted kidnapping, banditry and different forms of insecurity in host communities. Exploitation Speaking with this reporter, the Alatorin of Atorin Ijesa, HRH Oba Omololu Afilaka, said illegal but licensed mining is a prevalent issue in many communities, with environmental impact assessments (EIAs) often rapidly produced and approved by compromised engineers.
He said, “As a community leader, I see the good, the bad and the ugly of our mineral resource abundance. Opportunities arise for rural dwellers to improve their lives buying vehicles, affording luxuries and benefitting from promises of boreholes, school renovations and health center improvements by mining companies. These companies often include such projects in their CDAs, as required by the Mining Act 2007.
“However, insecurity, banditry, and terrorism have increased, driven by the scramble for the country’s resources. This has led to displacement, the rise of internally displaced persons (IDPs) camps and tragedies reminiscent of Sierra Leone and Liberia’s ‘blood diamonds.’ “Environmental degradation is rampant.
Rivers and streams are polluted, sacred shrines destroyed and host communities left impoverished. Illegal but licensed mining is a prevalent issue, with environmental impact assessments (EIAs) often rapidly produced and approved by compromised engineers. “The government must take concrete steps to manage Nigeria’s resources better, reduce dependency on foreign economies, and foster patriotism, equity, and respect for the nation.
By doing so, we can harness our resources for the prosperity of all Nigerians, ensuring that the wealth of our land benefits everyone, not just a privileged few.” Also speaking with Blueprint Weekend, the executive director of Neighbourhood Environment Watch Foundation, Dr. Kelechukwu Okezie, said there is the need for a profit-sharing formula to ensure that proceeds and profits of resource exploitation are enjoyed by mining host communities.
“Mining host communities often are victims of exploitation, human rights violations and prone to terror attacks and poverty. However, to protect mining host communities, we need to empower them through education, awareness creation, skills acquisition, and support systems “Mining host communities should report and seek remedy in the face of violence and exploitation. There should be a profit-sharing formula to ensure that proceeds and profits of resource exploitation are enjoyed by the communities.
“Also, there should be human rights specific laws and policies that identify, punish and provide remedies for human rights violations. The policy or law should have due diligence guidance, human rights audit and gender diligence to ensure that their rights are protected under the law and that businesses are conducted under the best practices. The CDAs are beggarly and should be replaced with a profitable formula.
“There should be regular environmental impact assessment and annual environmental audit to ensure the protection of their environment from degradation and pollution,” he said. Resource curse Speaking on the side-lines of a conference on promoting transparency, fiscal accountability and national development in Nigeria’s extractive industry governance, the executive director of Global Rights, Abiodun Baiyewu, said mining host communities inordinately bear the burden of the resource curse. She said, “With more than 40 minerals in commercial quantities strewn across the country, paradoxically, the solid mineral sector contributes less than one per cent to the national GDP.
More than 80% of the sector (in particular artisanal mining) is unregulated and its revenue unaccounted for. “We live with the environmental and socio-economic consequences of lax oversight, and worse still, our children will pay for them, while these minerals pave the path to economic greatness for the countries to which they are illegally ferried. Mining host communities inordinately bear the burden of the resource curse with seemingly little or no benefits from the wealth that is harnessed from their vicinity.
“With the burst in the hydrocarbon sector and a dwindling economy, minerals and mining have understandably become one of the core economic focuses of the government because of their inherent potentials. At various times, this administration has shared its agenda of growing the nation’s economy and overall development from mining. “Our target is that at the end of this dialogue, we will all come to some mutual agreement on how best civil society should engage NEITI and the National Assembly to promote transparency and accountability in the solid mineral sector, and on the way forward for promoting the rights of mining host communities.
” NEITI’s take On his part, the executive secretary of the Nigeria Extractive Industries Transparency Initiative (NEITI), Dr. Orji Ogbonnaya Orji, said gender equity and inclusion of women in mining would go a long way in solving some of the issues experienced in mining host communities. He said, “For us in NEITI, women’s participation in the mining and steel sector has become an issue of debate and advocacy globally.
This is in view of the negative implications a male-dominated extractive industry characterized by limited access for women in areas of employment opportunities, training, skills acquisition, investments and exposure to issues on managing natural resources endowments. “For instance, the latest independent industry audit report conducted by NEITI in the oil, gas, and mining sector disclosed that employment opportunities for women in the industry in Nigeria were currently too low from global average. From the report, 56 out of 70 companies covered had a total of 19,171 employees.
15,639 (82%) were men while 3,532 (18%) of the employees were women. Similarly, out of 2,325 top or high-level positions, women representation was less than 100. “Therefore, we must address the intricate connection between mining activities, climate change, and growing insecurity in our sub- nationals.
As global demand for critical minerals rises, driven by clean energy needs and security concerns, we anticipate increased mining activities. However, we cannot overlook the social and environmental impacts on host communities, especially the escalation of insecurity and displacement of rural communities and their livelihoods.” CSOs vs.
NASS Following the attempt by the National Assembly to amend the Minerals and Mining Act of 2007, the Federation of Nigerian Mining Host Communities (all state chapters) and over 50 civil society organisations (CSOs), in July, demanded their inclusion, alongside mining host communities, in state Mineral Resources and Environmental Management Committee (MIREMCOs). During a press conference on the Nigeria Minerals and Mining Act (Amendment) Bill 2023, the CSOs read a jointly signed statement, lamenting that CDAs do not presently reflect environmental and social impact assessments or their recommendations, saying 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. “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.
Community Development Agreements (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. “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.
“We recommend the inclusion of the provision of a 5% derivative for mining host communities, separate from the 13% allocation to the state recognizing their integral role in mineral resource extraction and the need for equitable Benefit-sharing. 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. “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,” the CSOs said.
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