Mining and the Law in Africa
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Mining and the Law in Africa

Exploring the social and environmental impacts

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eBook - ePub

Mining and the Law in Africa

Exploring the social and environmental impacts

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About This Book

?The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa.
The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities.The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.

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Yes, you can access Mining and the Law in Africa by Victoria R. Nalule in PDF and/or ePUB format, as well as other popular books in Biological Sciences & Environmental Science. We have over one million books available in our catalogue for you to explore.

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© The Author(s) 2020
V. R. NaluleMining and the Law in Africahttps://doi.org/10.1007/978-3-030-33008-8_1
Begin Abstract

1. Introduction to Mining in Africa

Victoria R. Nalule1
(1)
CEPMLP, University of Dundee, Dundee, UK
Victoria R. Nalule

Abstract

The mining sector is essential in the economic development of many resource rich African countries as it has the potential to finance infrastructural developments which are much needed in Africa. This is due to the fact that various minerals are used as raw materials in different sectors including construction and transport. Most importantly, mineral materials also play an important role in industrialization and urbanization which are now rapidly escalating on the continent. Africa is home to 30% of mineral reserves and these significantly contribute to exports and tax revenues for most countries on the continent. Although the minerals have been exploited for decades in these countries, the benefits have not been so visible, this has necessitated various reforms in the sector including nationalization of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these developments drawing examples from Eastern, Southern and Western African countries. With reference to fieldwork research undertaken by the author, the questions raised in this book are: Why have the mining laws not been effective in some African countries? What can be done to ensure that African countries fully benefit from their mineral resources? This book is intended to address these questions by specifically pointing out the social and environmental impacts of the mining sector to the communities. The book also analyses the legal reforms made in the sector and highlights the challenges and prospects of such reforms on both the foreign investors and the African governments.

Keywords

Mineral resources in AfricaHistory of mining in AfricaIntroduction to mining in AfricaUtilisation of mineralsCharacteristics of the mining sector
End Abstract
The African continent is endowed with various minerals including gold , diamonds, vermiculite, manganese, cobalt, zirconium, salt, phosphate rock just to mention but a few. Mining basically refers to the extraction of coal and other substances from the earth.1 With this definition in mind, we note that broadly defined, mining includes the extraction of fossil fuels including oil, gas and coal. The discussion in this book however excludes fossil fuels and focuses on solid minerals.
The mining sector has increasingly become important due to the rising demand of some minerals such as iron ore which has prompted an increase in foreign investments.2 It is generally an acceptable principle that countries endowed with vast minerals should possess enormous wealth. Albeit this has seemed difficult in most African countries, where mineral-rich countries are among the poorest in the World—this has been described a resource curse.3 Nevertheless, if well-managed, resource-rich countries can highly benefit from their resources by exchanging and marketing their minerals with the countries which do not have in exchange for valuable currencies.4 The potential of the mining sector to contribute to the economic and social transformations of the countries is evident in countries that have managed to transition from poverty to at least middle-income status.5
Taking an example of Botswana , it has highly benefited from its mining sector and this has been attributed to the good governance system in the country. Botswana heavily relies on its mining sector which contributes a third of the country’s GDP; 50% of the country’s tax earnings and 80% of the total export. The situation is similar in countries such as Namibia and South Africa .6 However, for other African countries such as the Democratic Republic of Congo (DRC), Malawi , South Sudan—the potential of the mining industry to effectively contribute to the economic development has not been realized due to various issues including lack of advanced technology, lack of infrastructure, political instability, corruption both on the part of the mining companies and government officials. In this respect therefore, the topical issues in the African mining sector include but not limited to infrastructural development; value addition; linkages; corporate social responsibility ; local content ; environmental protection; land access and small-scale/artisanal mining .
To be able to address the issues highlighted above, we must be aware of the different forms of mining on the African continent. Mining in most African countries is carried out on both large-scale and small-scale/artisanal mining . While large-scale mining involves companies, who employ advanced technology and enormous capital to extract minerals, artisanal mining or small-scale mining (ASM) on the other hand involves the use of rudimentary methods by individuals who are not officially employed by a mining company.7 During my fieldwork research, I had a chance of visiting different mining sites where artisanal miners operate from. It is true that the ASM employs many poor people in rural areas in different parts of Africa .8 These miners use hand tools and as such are directly exposed to health challenges involved in extracting these resources. Although ASM employs over twenty million people in developing countries and formalization and legalization of ASM has been advised as the best way to address the challenges these miners face9: Much still needs to be addressed to effectively ensure that the sector operates in a sustainable manner. There are indeed various issues to be addressed when it comes to ASM, in this book the main question to be addressed is, what practical solutions should African countries employ to ensure that ASM effectively contributes to the economic development of the African countries?
Besides addressing issues associated with ASM, there have also been various reforms on the African continent to ensure that the minerals translate into benefits for the host countries and the host communities. One way of achieving this has been to closely supervise foreign companies involved in large-scale mining as evidenced in the strengthening of local content and corporate social responsibility laws and policies. Additionally, there have been reforms aimed at ensuring that African countries benefit from their minerals. Moreover, on a regional level, we recently witnessed the signing of the African Continental Free Trade Agreement on 21 March 2018.10 Indeed, regionalism has been recognized as being essential in addressing the common challenges faced on the African continent.11 In the mining sector, the continent witnessed the establishment of the African Mining Vision (AMV) a regional mechanism aimed at ensuring cooperation in the development of the mining sector in Africa . In this book, the main questions to be addressed regarding legal reforms is, whether the reforms are adequate to ensure that African countries benefit from their mineral resources? The book also briefly analyses the application of the local content and corporate social responsibility principles and asks what form these should take to ensure that Africans benefit from their resources.
To address the issues raised above, it is imperative to have an...

Table of contents

  1. Cover
  2. Front Matter
  3. 1. Introduction to Mining in Africa
  4. 2. Regulation of Mining in Africa
  5. 3. Social and Environmental Impacts of Mining
  6. 4. Concluding Remarks: Key Issues in African Mining and Recommendations
  7. Back Matter