GABON Law and Practice Contributed by: Jean-Pierre Bozec, Project Lawyers
of the Mining Code). The existence of protected areas can therefore lead to formal bans on exploitation or impose strengthened constraints on exploration and development in order to ensure the preservation of sensitive ecosystems. 2.3 Impact of Community Relations on Mining Projects In Gabon, relations between mining operators and local communities are governed by the Mining Code as well as by Decree No 0023/PR/MPGM, which sets the rules regarding the contribution of mining activity to local development in the Gabonese Republic. Arti - cles 173–180 of the Mining Code specify the obliga - tions of operators with regard to taking populations into account, particularly in terms of compensation, protection of rights of use and social participation. Decree No 0023/PR/MPGM institutionalises the relationship between operators and communities by requiring the establishment of a corporate social responsibility programme (CSR) and the creation of consultative bodies, such as the Operational Manage - ment Committee and the Partnership Management Committee. These bodies bring together the state, local authorities, community representatives and the mining operator to define social projects, monitor their implementation and ensure their transparency. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation are legally mandatory in Gabon, under both the Environmental Protection Law and Decree No 0023/PR/MPGM. The environ - mental law requires, in Articles 17–27, public partici - pation and the publication of an EIA before beginning any project likely to have significant effects on the environment, including mining projects. The 2021 Decree strengthens this mechanism by pro - viding a specific procedure for community consulta - tion prior to the adoption of the CSR programme. The consultation is not left to the initiative of the investor alone; it is organised and supervised by the Operation - al Management Committee, a body legally established by the state comprising representatives of communi - ties and the operator. The conclusions must then be validated by the Partnership Management Committee,
which places the state at the heart of the mechanism. Prior and informed consultation are therefore manda - tory and formalised, conducted under state supervi - sion and legally enforceable.
2.5 Impact of Specially Protected Communities on Mining Projects
Gabon is home to traditional forest-dwelling commu - nities. While they do not have a distinct legal status as “indigenous peoples”, the law ensures their partici - pation in projects affecting their environment; these communities are protected through a formalised and enforceable consultation mechanism, as mentioned in the foregoing. 2.6 Community Development Agreement for Mining Projects In Gabon, community development agreements are not only usual, they are made mandatory under Decree No 0023/PR/MPGM (see 2.4 Prior and Informed Con- sultation on Mining Projects ). 2.7 ESG Guidelines and Regulations Gabon has integrated ESG principles into its mining convention and environmental legislation. The Mining Code establishes, in particular in its Articles 150–171, a comprehensive framework for health, safety, envi - ronment, risk management, site rehabilitation and operational standards in line with international best practices. The Environmental Protection Law strength - ens the environmental pillar of the ESG scheme by imposing EIA, public participation, risk prevention and sustainable resource management requirements. The adoption of Decree No 0332/PR/MM of 15 August 2024, establishing the National Observatory on Min - ing Risks, completes the governance pillar by estab - lishing a body responsible for monitoring, preventing and evaluating risks related to mining activity. Finally, Decree No 0023/PR/MPGM specifies the obligation of societal responsibility, consolidating the social pillar. Together, these texts form a complete, modern and integrated ESG framework for the Gabonese mining regulations. 2.8 Illegal Mining Illegal mining is a real problem in Gabon. Very recently, a vast network of illegal gold mining was dismantled
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