MALI Law and Practice Contributed by: Felana Ranaivoson and Tiavina Rakotonaivo, John W Ffooks & Co
2.5 Impact of Specially Protected Communities on Mining Projects
Furthermore, the mining administration collaborates with the Ministry of Environment in monitoring the site and surrounding area in relation to mining activity. 2.2 Impact of Environmentally Protected Areas on Mining Mali has environmentally protected areas that can be classified into natural integral reserves, national parks, faunal reserves, etc, according to Law No 2018-036 dated 27 June 2018, which sets out the management conditions for wildlife and habitat. All categories of protected areas are generally managed by the Malian state. However, some categories could potentially be created and co-managed with decentralised actors. Mining activity in environmentally protected areas can be subject to conditions or prohibited on the grounds of public interest. For instance, mining exploitation is strictly prohibited in protected areas, such as natural integral reserves and national parks. Mining activity threatens biodiversity in protected areas in the absence of control. Indeed, waste from mining industries is discharged into the watershed and leads to habitat degradation. 2.3 Impact of Community Relations on Mining Projects Mining projects should consider the development of communities by taking economic and social actions to improve the living conditions of the local popula - tion. For instance, mining industries may build infra - structures, such as schools and health centres, for the benefit of the local population. In addition, mining industries should give priority to nationals, national enterprises and locally produced materials in the exe - cution of their activities. 2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation is mandatory. Indeed, exploration or exploitation by mining projects is sub - ject to the consent of the owners of the land or rights holders. In the absence of consent, the mining permit holder should indemnify the owners of the land and can carry out the activity accordingly. Consultations are primarily carried out by the investor.
Traditional people are among the specially protected communities in Mali. Indeed, consent from the own - ers of the land is required before exercising the rights arising from the mining permit. According to the Min - ing Code of 2023, “owners of the land” refers to per - sons or institutions registered in the land register as the holder or beneficiary of a land title on a specified piece of land, including customary rights holders. The latter are recognised and protected by the law in the Republic of Mali. 2.6 Community Development Agreement for Mining Projects Community development agreements are known in Mali as “community development plans”, which are documents prepared by applicants – in consultation with local and regional communities and authorities – indicating the projects to be carried out for the benefit of communities. An applicant for a mining licence should present such document together with an EIA. The community devel - opment plan should cover priority sectors such as the construction and development of roads and bridges and the construction of health centres and schools. The technical committee monitoring the community development plan is in charge of controlling the plan’s implementation. 2.7 ESG Guidelines and Regulations The Mining Code of 2023, supplemented by its imple - mentation decree of 2024, increases state control, including via measures aimed at improving local par - ticipation and environmental protections, leading to a focus on enhancing environmental, social and govern - ance (ESG) standards within the mining sector. 2.8 Illegal Mining Illegal mining is a significant issue in Mali and poses challenges to the formal mining industry. The main issues in cases of illegal mining are:
• unregulated competition; • environmental damage;
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