RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
and social welfare in collaboration with the authori - ties of the district where the mining operations are to be carried out. This plan may include, for instance, building schools or public roads, and it must be submitted to the RMB for approval. The LH may then enter into a specific agreement with the district authorities to ensure effective imple - mentation of the community development plan. • When expropriation is inevitable, the LH must, before starting any operation, engage with the landowners and lawful occupiers present on the licensed area, either by buying them out or by leas - ing the land. If an amicable settlement cannot be reached, the licensee must inform the authorities, who will seek to facilitate the process. Although it is not mandatory, it is advisable to involve the authorities from the outset. • The LH must always comply with the provisions of the 2024 Mining Law and any other applicable laws or standards prescribed by the government to ensure the health and safety of persons within the vicinity of the exploration or mining operations. 2.4 Prior and Informed Consultation on Mining Projects Prior consultation is mandatory between the investor and: • the landowners/lawful occupiers of the licensed area when expropriation is inevitable, whether at the exploration or mining stage; and • the authorities of the district where the mining operations are to be carried out since the holder of a mining licence must prepare a development and social welfare plan in consultation with these authorities. 2.5 Impact of Specially Protected Communities on Mining Projects There are no specially protected communities in Rwanda. 2.6 Community Development Agreement for Mining Projects The holder of a mining or quarry licence (but not an exploration licence) must prepare a plan for devel - opment and social welfare in consultation with the authorities of the district where the mining operations
are to be carried out. It must then submit the plan agreed upon with the district authorities to the RMB. 2.7 ESG Guidelines and Regulations There are no national ESG guidelines or regulations for the mining sector as such. Instead, ESG guidelines are scattered throughout various laws and regulations applicable to the mining sector. In addition, more spe - cific ESG provisions can be found in the agreement that any LH must enter into with the government. As a result, all mining investors must, among other things: • comply with strict environmental regulations; • conform to applicable policies on the recruitment • guarantee the health and safety of their employ - ees and people living in the vicinity of the licensed area; and • abide by anti-corruption laws and regulations. 2.8 Illegal Mining So far, illegal mining does not appear to be a major issue in Rwanda. However, there are still cases report - ed from time to time with a recent publication from August 2023 indicating approximately 100 identified illegal mines. The Government’s Response One of the government’s strategies is to profession - alise the mining sector by better regulating and con - trolling the sector and attracting investors. In addi - tion, investigation and prosecution are key in cracking down illegal mining. To this effect, the RMB works closely with local authorities and security organs and deploys district task forces responsible for monitoring of mining and quarries. These task forces will conduct regular inspections to assess the activities at these mining sites. In addition, the RMB encourages all stakeholders, ie, local leaders, security organs and the communities to play their part in fighting illegal mining. and training of Rwandan nationals; • purchase local goods and services;
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