GABON Law and Practice Contributed by: Jean-Pierre Bozec, Project Lawyers
in Ndjolé (in the centre of Gabon): the Directorate- General for Research (DGR) arrested 16 people and seized about XAF170 million. From a legal point of view, the Mining Code provides for very strict penal - ties for untitled exploitation. For example, Article 259 allows a fine of 150% of the commercial value of ille - gally exploited substances, while Article 260 penalises non-compliance with hygiene, safety and environmen - tal rules through fines of up to XAF15 million. When illegal exploitation is established, the minister in charge of mines may order the immediate suspen - sion of activities (if the perpetrator holds a title) and refer the matter to the public prosecutor if the offender does not guarantee compensation for the damage (Article 259 of the Mining Code). Furthermore, the recent Decree No 0098 (Article 49) provides for spe - cific sanctions for the illegal possession of gold. It provides that any person holding gold without a docu - ment detailing its origin may be fined, with the seized gold being forfeited to the state. In practice, faced with this scourge, the government combines repres - sive efforts (under the DGR) with administrative and criminal sanctions, and also tries to formalise certain artisanal operators to reduce illegality. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects The uranium mining operations formerly carried out in Mounana by Compagnie des Mines d’Uranium de Franceville (COMUF) represent an example of nega - tive community and environmental relations. COMUF, a subsidiary of the French nuclear industry, operated uranium mines in Mounana from the early 1960s until the closure of the sites in 1999. Local populations were exposed to radioactive contamination for years, with limited information, inadequate consultation and delayed mitigation measures. The relocation of affect - ed residents only occurred long after the impacts were identified (almost 20 years later), undermining trust and highlighting failures in community engagement and environmental responsibility. Also, during the 2010s in the Moanda manganese min - ing area, the operations of Comilog were criticised by local people and civil society for their environmental and social impacts, including river pollution and chal -
lenges accessing clean water, which affected tradi - tional livelihoods and raised health concerns. Comilog has since put in place a strong CSR programme, with the development and rehabilitation of certain infra - structure and significantly improved relations with local communities. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects Climate change initiatives influence the mining indus - try in Gabon mainly through general environmental and national climate commitments rather than sector- specific rules. Gabon is a Party to the Paris Agreement and has submitted an Intended Nationally Determined Contribution, now its Nationally Determined Contribu - tion, which outlines national objectives for emissions reduction and the preservation of carbon-rich ecosys - tems, particularly forests. While Law No 018/2022 of 22 December 2022, rati - fying Ordinance No 019/PR/2021 of 13 September 2021, relating to climate change does not contain mining-specific provisions, it establishes a national framework for low-carbon development and for the protection of natural capital. Mining projects are therefore indirectly affected by the Environmental Protection Law, which requires EIAs and environmental and social management plans that address impacts on ecosystems, forests and natural resources that are central to Gabon’s climate com - mitments. As the Mining Code does not expressly regulate cli - mate change, the influence of climate initiatives on the mining sector comes primarily from these broader environmental and international commitments, which reinforce scrutiny of forest impacts and require opera - tors to align with national sustainability objectives. 3.2 Climate Change Legislation and Proposals Related to Mining Gabon has its own climate change law but not a law specifically related to mining (see 3.1 Climate Change
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