Daud Olatunji
The Federation of Nigerian Mining Host Communities, along with its civil society allies, has expressed strong support for the recent amendments proposed to the Nigeria Minerals and Mining Act of 2007.
PLATFORM TIMES reports that the National Assembly, particularly the House Committee on Solid Minerals, has been lauded for its efforts in revising the legislation to enhance the equitable distribution of benefits from Nigeria’s mining sector.
In a press statement released on Friday, July 25, 2024, the federation emphasised the necessity of aligning the amended act with the Nigerian Constitution’s provisions, particularly those concerning the exploitation of natural resources and the welfare of the people.
The current amendment, titled the Minerals and Mining (Repeal and Re-Enactment) Bill, 2023, is seen as a crucial step towards addressing long standing issues within the sector.
The federation and its partners highlighted several critical areas for amendment during a recent public hearing.
It called for enhanced community welfare and security, asking that the amended act must prioritise the security and welfare of mining host communities.
According to the federation, it includes expanding the scope of Environmental Impact Assessments (EIAs) to encompass Environmental and Social Impact Assessments (ESIAs).
It also recommended that artisanal and licensed operators should be required to conduct and publish bi-annual impact reports, ensuring transparency and accountability.
It also suggested inclusion of civil society and host communities in decision-making.
The federation suggested that they could be included in the Mineral Resources and Environmental Management Committee (MIREMCO).
According to it , this would promote transparency and allow for greater community participation in decisions that affect them directly.
The federation said the proposed rotation of representatives and the inclusion of CSOs are seen as steps towards more inclusive governance.
On the autonomy and funding for state MIREMCOs,the federation praised the proposed amendment granting state autonomy within MIREMCO, with the chairmanship allocated to the State Commissioner of Solid Minerals.
However, they expressed concerns about funding for state MIREMCOs.
The federation suggests that funding be managed independently through the Central Bank of Nigeria to ensure impartiality.
The federation also called for the need for clearer definitions of terms such as ‘Community’ and ‘Community Development Associations’ (CDAs).
According to the federation, this clarity would prevent disputes over the distribution of the proposed 5% derivative from mining revenues and ensure that legitimate associations represent the interests of the communities.
On the Community Development Agreements (CDAs), the federation urged that CDAs incorporate recommendations from ESIAs and ensure free, prior, and informed consent from the communities.
According to the federation, this process should involve comprehensive consultations and the provision of legal and environmental expertise to host communities.
On Regulation of Artisanal and Small-Scale Mining, the federation called for specific regulations to govern this sector considering the fact that over 80% of mining activities in Nigeria being artisanal.
The federation said this would promote sustainable practices and protect the environment and community rights.
On Separation of Regulatory and Administrative Functions, the federation recommended separation of the Ministry of Solid Mineral Development’s regulatory and administrative roles.
According to the federation,the regulatory function should be transferred to a new unit within the Federal Ministry of Environment to enhance oversight.
On the Inclusive Representation, the federation says the proposed bill should mandate the inclusion of women, youth, and persons with disabilities in all boards and committees, ensuring diverse perspectives in decision-making.
On Completion of Impact Assessments Before Licence Issuance, the federation insists that environmental and social impact assessments must be completed before any mining licences are granted, to mitigate potential adverse effects on communities and the environment.
The Federation of Nigerian Mining Host Communities and its civil society partners commend the National Assembly’s commitment to reforming the solid mineral sector.
They stress that the proposed amendments must prioritise the interests of all stakeholders, especially the host communities, to promote sustainable development and equitable benefit-sharing.
The federation says it remains committed to working with all parties to ensure that the revised Minerals and Mining Act delivers positive outcomes for Nigeria’s mining communities and the nation at large.
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