Artisanal Mining Governance : Legal Vacuum As Achilles Heel

“Forêts et Développement Rural” FODER environmental association and its civil society partners in 2017 launched a multi-prong campaign. To restore or rehabilitate old mines left behind by semi-mechanized artisanal mining companies in the East and Adamawa Regions of Cameroon. Today, some companies have filled up their mining trenches. Unfortunately, refilling was not carried out according to norms. Nevertheless, the effort is worth commending.  

Time For Action 
Mining companies must ensure the shafts and pits they create are properly rehabilitated - after. Local communities, as passive partakers in mineral exploitation, must get better organized in order to defend their interests. “The time for action is now, or never!” FODER and stakeholders urge.

Required Urgent Measures 
Some of the urgent measures required - according to FODER - for old mining pits to be rehabilitated include: The authorities should withdraw artisanal mining leases from companies which do not restore old mining sites. Mining companies should publish how much they have been paying into the State treasury for restoration of old mining sites. And, mining companies should respect their contractual agreements with the government - especially the restoration of old mines. 

If Nothing Is Done…
“If nothing is done in five, 10 or 20 years to come, all that will be left will be bare soil and poisoned artificial lakes where Cameroon’s true wealth, natural heritage, once lay. What do we do? It is high time we took action! Stop illegal mining!” These were some of the slogans at a stakeholders’ meeting held in Bertoua, headquarters of Cameroon’s East Region in 2017. The meeting was organized by “Forêts et Développement Rural” and the World Wide Fund for Nature, WWF. To discuss how to assure artisanal mining governance. 

The Only Statute
Artisanal mining in Cameroon is regulated by the law - the Mining Code. To carry out mining, a mining card and mining authorization, license or concession, are needed. They are issued by the Ministry of Mines and Technological Development, MINMIDT. “This is the only law on artisanal mining in Cameroon,” Justin Landry Chekoua, FODER Programme Manager for Mining Governance, stresses.

Long Wait For Implementation Decree
The Mining Code was signed way back in 2016, but the accompanying implementation decree is still awaited. “In the meantime, people are taking advantage of the vacuum to commit abuses. This is why most of the artisanal mining in Cameroon is without license. They are all illegal miners,” Chekoua notes with an air of regret. 

Promising ProMESS
FODER, in the past 8 years implemented a two-phase project on artisanal mining governance in the East and Adamawa Regions of Cameroon. Known as the “Projet mines, environnement, santé et société” ProMESS (or the Mines, environment, health and society project).

Blocked By Legal Vacuum
Having lived some of the challenges involved in assuring artisanal mining governance, Justin Chekoua insists on the signing of the implementation decree of the Mining Code. “For now, staff of the Ministry of Mines and Technological Development cannot take certain decisions for want of an implementation decree,” Chekoua explains. 

No Respect For Regulations! 
“To fix the environmental destruction caused by mining, you also need the implementation decree of the Mining Code. The environment has been degraded mostly by semi-mechanized artisanal miners who use earth-moving equipment. The companies are supposed to carry out environmental impact assessment and produce environmental management plans before embarking on mining. But no mining company does this. We urge the Ministry of Mines and Technological Development to be firmer by sealing off mines not abiding by the law,” Justin Landry pleads. 

Conflict Of Competence 
“There is conflict over restoring old mines between the Ministry of Mines and Technological Development, and the Ministry of Environment, Nature Protection and Sustainable Development. This is why it is important for the implementation decree of the Mining Code to be signed. It will clearly state who does what. 

Who Does Rehabilitation? 
“Moreover, it will oblige semi-mechanized artisanal mining companies to respect the law. Until now, they have been operating with artisanal mining licenses instead of semi-mechanized mining licenses. Semi-mechanized artisanal mining requires concession owners to restore the environment after, based on initially-approved management plans,” Justin Landry Chekoua underscores. 

FODER’s Early Beginnings
“Forêts et Développement Rural” is a non-profit environmental association with an international dimension in the spread of its activities. FODER was founded in Cameroon on December 2, 2002. Its national head office is in Bastos, Yaounde (derriere l’usine Bastos).

FODER Mission, Objectives
FODER seeks a fairer society without marginalisation or discrimination. That puts its natural resources at the service of sustainable development. FODER’s mission is to create an environment for sustainable development by ensuring justice and equity, rights and democracy, and the transparent, inclusive and sustainable management of natural resources. As well as the safeguard of biological diversity and improvement of living conditions and the environment.   

Areas Of Activity 
FODER’s objectives contribute to the protection of the environment and the sustainable management of natural resources. They fight against all forms of marginalisation and discrimination related to the management of natural resources. And contribute to the improvement of policies and laws related to its areas of activity. As well as build the association’s capacity and that of partner organisations. The objectives help to develop partnerships and leverage funds to carry out FODER’s mission. 

Within, Beyond Cameroon’s Shores
FODER runs three field offices in Cam...