By Joy Baba Yesufu
A coalition of Civil Society Organizations (CSO) has advocated for a 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.
They further asked for completion of Social and Environmental Impact Assessments before Issuance of Licenses while 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.
This demand is coming following 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, aimed wt strengthening the legal and policy frameworks to ensure the equitable distribution of benefits derived from the sector.
The CSOs which consist of Global Rights, Centre for Community Excellence, Women in Mining in Nigeria, Change Partners International, Ziva Community Initiative, Initiative for Social Development amongst others made the request while addressing journalist in Abuja.
They also 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.
The CSOs maintained 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.
“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.
“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.
“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.
“The security and welfare of mining host communities are critical and must be reflected throughout the amended Minerals and Mining Act” the group noted.
Earlier in his address, Chairman, House Committee on Solid minerals, Hon Gaza Gbefwi said his committee is proposing a five percent of whatever is gotten to the host communities.
“The host communities deserve to enjoy the God given gift God has given them, we should not take advantage of their ignorance, we should not take advantage of their poverty, we should not take advantage of their hospitality and as a people having been elected our first responsibility to God and to the Federal Republic of Nigeria.
“Considering the informal nature of the activities in the mining sector, that five percent of whatever is been given to the host communities will not be given to the host communities in cash but the idea is that they set up a structure like a fund where these moneys will be deposited and a comprehensive development plan will be made for that community.
“ So that when these funds are gotten, they are deployed unlike the defined provision we have in the act today, he stated.
Also speaking, Executive Director, Global Rights Nigeria, Ms. Abiodun Baiyewu said government must protect the rights of mining host communities noting that the constitution says that mineral of a community must not be exploited except for the benefit of the communities.
She noted that the Nigerian mining host communities relying on this; and realizing the legacy of neglect that extractive host communities not only of solid mineral but also of hydro carbon as we have seen in the South South has suffered in the past, have thought it very critical to ensure that their voices are heard and their demands are met in exercise of this amendment to the law.
