GABON Law and Practice Contributed by: Jean-Pierre Bozec, Project Lawyers
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in Gabon is an important pillar of the national economy and is dominated by the extraction of manganese. Gabon is one of the world’s leading producers of manganese, particularly in the Moanda region. This mineral is central to the national strategy, which is aimed at increasing local processing and value addition. During the Council of Ministers on 30 May 2025, the Gabonese government announced its intention to ban the export of raw manganese, starting on 1 January 2029, in order to stimulate local industrial processing and employment. Alongside manganese, Gabon also holds significant but still underexploited reserves of iron ore, gold, niobium, rare earth and other minerals, although the development of these resources has been slowed by infrastructure and investment constraints. In addition, the law allows certain substances to be classified as “strategic” by the state, with their management regu - lated by decree, and the list of strategic substances could also be extended by decree. The mining sector contributes substantially to export revenues and supports employment and regional development, especially in mining towns, by impos - ing obligations on operators regarding local and social development to support communities and promote territorial development. In recent years, the government has introduced reforms to attract foreign investment, improve trans - parency and promote economic diversification beyond oil. At the same time, the industry faces environmental and social challenges due to its impact on forests, water resources and biodiversity, prompting growing expectations for stricter environmental standards. Transport infrastructure, such as the Transgabonais railway, remains essential for exporting minerals and plays a central role in supporting future mining pro - jects. 1.2 Legal System and Sources of Mining Law In Gabon, the legal system is civil law as per most of the francophone countries. Mining activities are regu - lated mainly through written legislation, supplement -
ed by regulatory instruments and, where applicable, international treaties ratified by Gabon. The main source of mining law and regulation in Gabon is Law No 037/2018 (the Mining Code), dated 11 June 2019. The Constitution establishes the fundamental principles governing the ownership and management of natural resources, which are vested in the state. The Mining Code, the central legal text for the mining sector, sets out the rules applicable to mineral explo - ration, exploitation, licensing procedures, the rights and obligations of operators, and the state’s role in regulating mining activities. The Mining Code is complemented by a series of implementing decrees that provide the detailed administrative and technical regulations needed for its practical enforcement. Although there is a real prob - lem in Gabon with the slowness with which decrees implementing laws are issued, several such decrees have nonetheless been issued. For example, Decree No 0023/PR/MPGM of 22 January 2021 sets the rules governing the contribution of mining activities to local development, including the financing of social pro - jects and the allocation of a portion of mining rev - enues to local development funds. More recently, Decree No 0276/PR/MM of 2 July 2024 established a special legal regime applicable to so-called sovereign substances, reflecting Gabon’s evolving strategic pri - orities in managing specific mineral resources. Additionally, mining conventions concluded between the state and private operators serve as contractual instruments that define project-specific rights, fiscal regimes and operational obligations. Other relevant legislation, including environmental, land and tax laws, also forms an integral part of the regulatory framework governing mineral activities in Gabon. 1.3 Ownership of Mineral Resources According to Article 7 of the Mining Code, naturals resources, in particular all mineral substances con - tained in the soil and the subsoil, continental waters and the marine domain, remain the property of the state.
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