This book explores the impacts of current mining licensing regimes in Africa and how they influence sustainable development principles. International law and conventions on mining are used as a lens to examine a regionalized perspective of the history of mining law and customary land law. Alternative approaches are then suggested, through a comparative and sovereignty-based study of mining laws and policies, to see how the challenge of uneven development can be combatted using minerals.
This book aims to highlight how mineral possessions can transform communities if the economic policies, customary law structures, and the geopolitical landscape guarantee inclusivity and equal partnerships. It will be relevant to researchers and policymakers interested in mineral economics, mining law, and African economies.
Author(s): Akua Debrah, Hudson Mtegha
Publisher: Palgrave Pivot
Year: 2022
Language: English
Pages: 167
City: Cham
Preface
Contents
Notes on Contributors
Abbreviations
List of Tables
Chapter 1: Introduction
1.1 Introduction
1.2 Origins and Legacies of Mining and Land Ownership in Africa: An Overview
1.3 Mining Laws and Permanent Sovereignty Over Natural Resources
1.4 Sustainable Development and Who Should Benefit from Minerals
1.5 Objectives and Structure of the Book
1.6 Conclusion
References
Part I: Mining Laws and Policies in Selected African Countries
Chapter 2: Democratic Republic of Congo
2.1 Introduction
2.2 DRC’s Mineral Resources
2.3 Colonization and the Extension of Western Sovereignty over Mineral Resources in the DRC
2.4 Post-Independence Mining Legislation, Community Exclusion & International Law
2.5 Post-War Mining Legislation and Mining Communities
2.5.1 The Revised 2018 Mining Code Versus Benefits for Mining Communities
2.5.2 Increase of State Revenues, Local Content and Environmental Protection
2.5.3 Direct Contribution of the Mining Code to Mining Communities, Consultation, Participation and Development
2.5.3.1 Le Cahier des Charges / Specified Requirements
2.5.3.2 Mining Royalties
2.5.3.3 Fund for Community Development & Consultation
2.6 Critique of the 2018 Mining Code
2.6.1 Local Authorities’ Unpreparedness to Manage Funds
2.6.2 Absence of Free, Prior and Informed Consent
2.6.3 Poor Enforcement of the Mining Code
2.7 Conclusion
References
Chapter 3: Ghana
3.1 Introduction
3.2 Land and Economic Organisation in the Pre-Colonial Era Gold Coast
3.3 Mineral Ownership in the Gold Coast
3.4 Mineral Ownership in Post-Independence Ghana
3.4.1 Influence of the Boateng Commission
3.4.2 Legislative Development of Ownership in Minerals
3.4.3 Permanent Sovereignty Over Natural Resources
3.4.4 Constitutional Development of Ownership in Minerals
3.5 Implications of Entrusting the President with Ownership and Management of Mineral Resources
3.5.1 Accountability
3.5.2 A Constitutional Question
3.5.3 A Higher Sense of Trust
3.6 Conclusions and Recommendations
References
Laws
Case Laws
Chapter 4: Mozambique
4.1 Introduction
4.2 Mining Laws in Pre- and Post-Independence Mozambique
4.3 The Constitution and Mineral Resource Policy
4.4 The Legal Framework for Mining Activities
4.5 The Protection of the Environment and the Public Interest
4.6 Coal Mining in Mozambique
4.7 Conclusion
References
Legal Texts
Constitutions
Policies
Laws
Decrees
Chapter 5: South Africa I
5.1 Introduction
5.2 Historical Perspective of the Principle of Permanent Sovereignty over Natural Resources
5.2.1 The Economic Sovereignty of States
5.3 The Evolution of the Principle of Permanent Sovereignty and the Right to Self-Determination
5.4 The United Nations Declaration on the Rights of Indigenous peoples
5.5 Application of the Principle of Permanent Sovereignty over Natural Resources and its Implications for Mineral Development in South Africa
5.5.1 Case Study: South African Indigenous Communities
5.6 Right to Engage in Meaningful Consultations
5.7 Conclusions
References
Books
Journal
Internet Sources
Other Source
Case Law
Chapter 6: South Africa II
6.1 Introduction
6.2 Defining Mining Community: A Multifaceted Concept
6.3 Regulatory Framework Relating to Mining Communities
6.3.1 Regulatory Framework Before the Democratic Era
6.3.2 Regulatory Framework During the Democratic Era
6.4 Selected Judgements Relating to Mining Communities
6.5 Categorization of South African Mining Communities and Case Studies
6.5.1 Category One Communities
6.5.1.1 Royal Bafokeng Nation
6.5.2 Category Two Communities
6.5.2.1 Mapela Community
6.5.3 Category Three Communities
6.5.3.1 Merafong Community
6.6 Concluding Thoughts
References
Chapter 7: South Africa III
7.1 Introduction
7.2 Transformation of South Africa’s Mining Industry
7.3 Community Relations with Government
7.3.1 The Xolobeni
7.3.2 The Richtersveld Community
7.3.3 The Royal Bafokeng Nation
7.4 Lessons from the Experiences of the Communities
7.5 Conclusion and the Way Forward
References
General
Government Documents
Legislation
Thesis
Cases
Part II: Regional Approaches to Mining, Sustainable Development and Permanent Sovereignty over Natural Resources
Chapter 8: Regional Perspectives and the Africa Mining Vision
8.1 Introduction
8.2 Background to AMV and Country Mining Vision (CMV)
8.2.1 Elements of the AMV
8.3 Adoption and Implementation: Country Perspective and Challenges
8.3.1 Approach Adopted by Some African Countries
8.3.2 Constraints for the Realization of the AMV
8.4 Conclusion and Recommendation
8.4.1 Findings of this Chapter
8.4.2 Recommendations
References
Chapter 9: Conclusions
9.1 Conclusions
References
Index
