Mining sector – A mining policy and not a Mining Code

The large workshop on Mines organized recently highlighted almost the points that are hurting the sector. For some of the actors, it is the Mining Policy that is lacking and not the Code.

THESE WERE open consultations on the Mining Code, which had been the subject of reform for two years but which was struggling to achieve results. Almost everything has been discussed… Mining permits, the gold regime, mining taxation and the distribution of financial resources, mining offenses and corresponding sanctions, guarantees of stability for investors, environmental protection, ranging issues of declassification of protected areas, land rights, management of rushes and the measures taken by the current government, the strengthening of mining governance institutions, the role of actors in the education of citizens.

There were high-level debates. Everything has been mentioned but without dwelling on the Mining Policy which is the “big” obstacle. “Civil society has always explained that the problem is not the Mining Code but it is the policy that has been lacking. We therefore propose to first determine a sectoral policy. Next will come the legislation that can be used to implement this policy to achieve its objectives. For us, the cart goes before the oxen. We have already stated our desire to develop this policy with the ministry. It is then up to the ministry to show the will or to call on civil society and other stakeholders in the development of this policy,” said Hugues Rajohnson, lecturer-researcher at the IEP (Institut d’Etudes Politiques) and very straddling the mining sector.

big mines

The Ministry of Mines, through its representatives, has somewhat responded to this request. The department has shown a desire to develop the sector. The Promotion of large mines is part of the orientations of the State and the ministry affirms the need to develop large mines by setting up agreements which clearly show the mutual advantages. It was even pointed out that Madagascar should have ten large mining companies like QMM and Ambatovy.

The international standards to be respected by companies listed on the stock exchange, their social and environmental obligations go far beyond the obligations in national laws. “There needs to be a clear policy” reacted some participants. Members of Civil Society Organizations for the Extractive Industries (OSCIE) have also demonstrated their motivation for the development of the sector. They emphasized the social and environmental dimensions and above all the respect for human rights for workers in the mines. We have a role in educating citizens in the face of the asymmetry of information such as the lack of knowledge of the texts in relation to mines or land rights, for example,” underlined the executive secretary, Clément Rabenandrasana. Many expected the interventions of the NGO CRAAD OI and its partners but there was no representative, whereas they were invited according to the Executive Secretary of OSCIE. The NGO is not in favor of any mining in the country.

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