By Henry Uche
Civil Society Organizations in Nigeria have called on the federal government of Nigeria to address illegal mining and the displacement of host communities by the activities of miners.
A communique issued at the end of its 2024 multi-stakeholders roundtable on enhancing inclusiveness and addressing inequalities in Nigeria’s mining sector, disclosed that the forum centred on enhancing transparency, fiscal justice, and reducing energy poverty in ways that address inequalities in Nigeria’s solid minerals sector and promote inclusivity and equity.
Signed by Global Rights, Policy Alert, We The People, Ford Foundation, Rebuilders Foundation and other 96 CSOs, resolved that all stakeholders including host communities, civil society organizations, businesses, and regulators should work in synergy with the legislature to ensure reforms of laws and regulations on solid minerals to ensure equitable resource governance.
According to them, all stakeholders including regulators, CSOs, legislature, and the private sector must commit to drive holistic inclusion in the efforts to improve fiscal transparency and accountability in Nigeria’s mining sector.
Put together by the Nigerian Extractive Industries Transparency Initiative (NEITI), in collaboration with the Ministry of Solid Minerals and Global Rights, with support from FORD FOUNDATION and the Integrated Social Development Centre (ISODEC), they Groups expressed sadness over the lack of knowledge by Mining Host communities over their rights and have a poor understanding of the regulations that govern mining operations in Nigeria.
They also condemn the fact that, the code of laws and regulations governing the mining sector are mostly complex and technical, making them difficult for members of mining host communities to comprehend. More over, despite improvements in solid minerals’ contribution to Nigeria’s GDP (from 0.26% in 2019 to 0.63% in 2021), the sector’s contribution to GDP remains low compared to its potential.
“There is a collaboration gap between, CSOs, members of host communities, legislature, and regulatory bodies in the Solid Mineral Sector. The structure of MIREMCO operations has its frailty in the law that sets it up which has made it mainly ineffective in addressing issues in the Solid Minerals Sector.
“There is a complete absence of Civil Society Organizations and representatives of mining host communities in MIREMCO. This is limiting the participation of critical stakeholders in the solid minerals governance at the local level.
“There are no clear indicators for measuring the solid minerals impact on the socio-economic and environmental development of the mining host communities. Also, there is low transparency and accountability within the solid minerals sector, coupled with weak enforcement mechanisms”
The CSOs called for more participation of women in the mining sector and in solid minerals policy formulation generally, even as they sought the protection of women and children who continually suffer negative impacts of mining on their health, lives, homes, and livelihood.
They called for adequate data from Nigerian mining sector, especially data concerning artisanal miners and people living with disabilities for proper planning, decision making and policy design. “There is a risk of repeating past mistakes from the Oil and Gas sector, especially in failing to make the sector to appropriately benefit host communities.
“There are concerns that false promises about the benefits of energy transition could lead to more hardships for mining communities. Illegal mining contributes to insecurity, funding terrorism, displacing community members and disrupting livelihoods, as seen in Shikira, Niger state, and Zamfara.
“Determining the social and economic impacts of mining on host communities should be mandatorily included in the Environmental Impact Assessment.
“There is a need to ensure strict adherence to the existing framework during Community Development Agreements (CDA’s) negotiations and development and most CDAs are often superficial and not sustainable. The influx of unregulated Artisanal and Small-Scale Miners (ASM) into host communities is fuelling insecurity and other vices in those communities”
They recommended that all Stakeholders including regulators, CSOs, media, and businesses should intensify sensitizations and awareness creation to educate host communities about their rights and responsibilities under extant laws for improved solid minerals governance in Nigeria.
More so, the Nigerian government must prioritize amplifying the potential of the solid minerals sector in order to increase its contribution to the national GDP and catalyze sustainable economic growth.
Ministry of Solid Mineral Development, Fiscal Responsibility Commission, NEITI, and other relevant MDAs should improve and sustain their collaboration with civil society organizations and other stakeholders to drive better fiscal accountability in the sector.
“The problem of funding state MIREMCO still persists. There should therefore be a review of the existing law to address how MIREMCO is funded to strengthen its capacity to address environmental issues and fulfill its mandate to address the issues faced by host communities.
“To promote inclusivity, representatives of host communities and civil society organizations should be present at MIREMCO meetings and be considered as active participants in the process.
“Government Institutions like NEITI should develop Indicators to measure the mining industry’s impact on job creation and community welfare. In accessing the effectiveness and efficiency of the solid mineral sector, economic growth should be balanced with environmental stewardship, community welfare, and equitable resource distribution.
“Transparency and accountability within the mining sector should be improved, and the capacity of agencies to implement existing laws and regulations should be enhanced.
“All stakeholders including legislature, regulators, businesses, communities and civil society organizations should take deliberate action to encourage increased participation of women in the mining sector, including in policy formulation”
The Civil Groups added that there is a need to apply lessons from the Oil and Gas sector, particularly the Host Community Development Trust Fund under the Petroleum Industry Act (PIA) 2021, and deliberate efforts should be made by all stakeholders in the solid mineral sector to avoid the replication of the environmental devastation experienced in the Oil and Gas sector.
They frowned at the security threats posed by illegal mining to host communities, noting that such need to be decisively addressed by the Government to halt the consistent displacement of communities.
“International best practices in business and human rights should be adopted in the Nigerian mining sector paying strict attention to the Duty to Protect, Duty to Respect, and Access to Remedy.
“Environmental Impact Assessment should include the potential social and economic impacts of the mining activity, especially on women and children in host communities.
“All Stakeholders should continually enhance the capacities of communities through training to demand meaningful and sustainable Community Development Agreements that are not superficial” they maintained.
Other participants at the forum included: Mining companies, the National Assembly, Ministries, Agencies and Departments of Government, the Senate Committee on Solid Minerals, House of Representatives Committee on Solid Minerals, Ministry of Solid Minerals Development, Fiscal Responsibility Commission (FRC), Revenue Mobilization Allocation and Fiscal Commission (RMAFC).