GUINEA Law and Practice Contributed by: Sarah Razafindrafito and Tiavina Rakotonaivo, John W Ffooks & Co
tion to the National Mining Authority. This declaration must be made at least one month before opening – and three months before closure of – the works. Any significant change in the method of operation, scope of the work or the work programme is also subject to a prior declaration at least one month in advance (Article 194 of the Mining Code). The holder of a mining exploitation title is also required to make all necessary efforts to proceed with the clo - sure of its operations in a gradual and orderly man - ner, in order to prepare the local community for the cessation of its activities. The holder will notify the relevant administrations at least 12 months before the planned closure date and will prepare, six months before the closure date, a plan for the closure of its mining operations in collaboration with the territorial administration and the local community (Article 79 of the Mining Code). There are no protected communities, such as indig - enous and traditional peoples, in the Republic of Guinea. 2.6 Community Development Agreement for Mining Projects It is mandatory for a holder of a mining exploitation title to enter into an LDA with the local community in Guinea (Article 130 of the Mining Code). 2.7 ESG Guidelines and Regulations There are no specific ESG guidelines or regulations in place in the Republic of Guinea. 2.8 Illegal Mining Illegal mining is an issue in Guinea, especially when it comes to classic artisanal mining operations for gold extraction. The Mining Code provides that clas - sic artisanal mining exploitations must be carried out using manual and traditional methods and processes (Article 1). There are, however, those who practice mechanised artisanal mining exploitation, which is not in compliance with the provisions of the Mining Code. Encouraging this illegal form of gold extrac - tion enriches individuals and lobbies to the detriment of the state. This practice also reduces the number 2.5 Impact of Specially Protected Communities on Mining Projects
of applications for semi-industrial mining permits, depriving the state of significant tax revenue and job creation opportunities. Illegal mining is severely punished under the Mining Code. Anyone involved in illegal mining may be pun - ished by imprisonment of two months to three years and/or the payment of a fine of up to GNF15 million (approximately USD1,742) (Article 207 of the Mining Code). 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects Some mining companies in the Republic of Guinea are committed to respecting local communities and ensuring a positive legacy for future generations. To achieve this objective, they are committed to: • complying with all laws, regulations and permits; • assessing the risks and potential impact of their activities on local communities, and defining the objectives and standards that form part of their management practices; • respecting the dignity, culture, wellbeing and human rights of their employees, communities and others affected by their activities; • pursuing dialogue with local communities to ensure good relations that benefit all parties involved; • working with the local community and other stake - holders to achieve tangible improvements in the standard of living of the local community by sup - porting the education of children in local schools, promoting procurement from local suppliers and promoting economic alternatives that enable the development of the local economy; and • improving the health and wellbeing of local people through education and health programmes aimed at reducing the impact of preventable diseases. Despite the foregoing initiatives, however, conflicts between mining companies and local communities remain a major problem in some regions. In Guinea, industrial exploitation often leads to open conflicts, negative effects (real or perceived) and frustrations within the population, which represent latent conflicts between mining companies and local communities. Cyanide pollution of watercourses, which are used to
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