According to attorney Hélène Cissé, co-author of the regional mining code of the CEDEAO, the existence of a unifying code will oblige investors to yield to standardisation.

Interview by Aliou Diongue, Dakar

Les Afriques: Where are you currently in the elaboration of ECOWAS’ regional mining code? Hélène Cissé: As you know, after the society validation workshop initiated by the ECOWAS – an important detail – in partnership with OXFAM America held from 17th to 19th April in Dakar, we integrated modifications suggested by participants. The work to formulate a regional mining code must, above all, address the needs and aspirations of West African communities. On 9th May, the text was sent to the ECOWAS. The ECOWAS appeared to be very inclined to take this into account to formalise the final project.

LA: Do you think that the observations made by the society are really taking into account the interests and the aspirations of local communities? HC: Absolutely! Of the eighty organisations that participated, many are involved in mining to help local communities. Representatives of these communities were also present to contribute from the very first day. What is certain is the fact that the workshop was for the people. The local community’s aspirations were therefore taken into account and I do believe that they concern human rights, the balance between State revenue where mines are located and incentives that can permit profitable mining.

“It was essential that they understand that harvesting Africa’s natural resources must not be synonymous with tension, conflict and poverty.”  

Their remarks also reflected the need for an equitable balance between technical the technical and economic considerations relative to mining and their implications from the point of view of facilities that have to be granted to them so that they can produce. Lastly, there is also the need for the amortisation of investment costs, which can be quite high.

The right for communities to participate also figured among the issues they raised. Indeed, I believe the notion of having citizens participate played an important role in this workshop. What was most important about it, however, is that it was constructive. The purpose of the mining code we’re currently drafting is not to go against mining companies. That’s not at all our intention. Instead, we are trying to make them understand that local communities are assets and that economic production must be incorporated into the global effort to secure the well being of local populations. This should be based on the principle that mining companies ought to play its part to create an environment that is more just, both economically and socially. Through this, we hope to prevent conflicts more efficiently. It was essential that they understand that harvesting Africa’s natural resources must not be synonymous with tension, conflict and poverty.

LA: Will the new regional code replace national mining codes already in existence in many West African countries? HC: Remember that the debate between uniformity and harmony was a difficult one. Uniformity means that a single piece of legislation, and everything it stipulates, will be applicable throughout the community. At its current stage, it does of course represent a step towards perfecting sub-regional integration. But we preferred to be realistic and start with standardisation. The mining code project comprises guiding principles. It is vital that mining companies be able to find the same norms and standards throughout the region. If they attempt to respect all the norms outlined in international law with regard to respecting human and environmental rights, countries will be less likely to fear losing investors. If, on its part, the investing entity knows that it must conform to the same norms in the 15 member countries of the ECOWAS, I think this will be a step in the right direction.

LA: There has been a virtual frenzy of permit grants. Is it not too late to adopt and introduce a regional code?HC: Advancements in law always come about slowly. This is why the broader community’s role is so important. All legal advancements have been fuelled by grass-roots action. What matters is that community organisations act in concert to have the most effective impact possible on the process that is under way and promote these progressive ideas in the most meaningful way to ensure that the situation improves on the ground.

LA: You’re one of the founders of this regional mining code. Five or ten years after the code taking effect, what will West Africa be like? HC: In the future, this sub-region of Africa will advance, having taken its destiny into its own hands by going beyond talks about the effects of colonisation. I envision a sub-region that understands that Africans hold within them all the resources and potential they need to achieve economic and social progress at the community level. I envision a sub-region that takes control of its own fate, wealth and problems.

In many respects, West Africa is one of the most advanced regions not only in Africa but, I would say, in the world. The weapons convention of the ECOWAS, for example, is a global first. Even the most sophisticated countries of the European Union have failed to produce anything comparable. I envision a sub-region that recognises that, in its people and various nations, it possesses all the tools necessary to progress on the path of sustainable development. Exergue “It was essential that they understand that harvesting Africa’s natural resources must not be synonymous with tension, conflict and poverty.”