SENEGAL Law and Practice Contributed by: Mampionona Razafimamonjy and Tiavina Rakotonaivo, John W Ffooks & Co
ing. In this regard, the Mining Code states that who - ever carries out exploration or exploitation of a mine or quarry without authorisation will be punished by imprisonment for a term of up to five years and a fine of up to XOF125 million (CFA francs – approximately USD214,000). Illegally extracted mineral substances will be seized by the competent legal authority and confiscated for the benefit of the state or the holder of the mining or quarrying title concerned. Regarding mining companies, they have reacted by focusing on community involvement, raising aware - ness among local populations of the negative impacts of illegal mining and offering economic alternatives. For example, co-operation initiatives with local author - ities are helping to formalise artisanal mining, while establishing buffer zones to protect their concessions. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects A Good Example of Community Relations/ Consultation In Senegal, both positive and negative examples of environmental and community relations in mining pro - jects have emerged. An example of effective commu - nity engagement in line with the requirements of the Mining Code is when companies work closely with local stakeholders, ensuring transparent consulta - tions and addressing concerns about environmental impacts. Mining companies that provide community jobs or infrastructure as part of their project planning can build trust and support. These efforts are often part of environmental and social management sys - tems, where companies actively involve the commu - nity in environmental monitoring and promote mutual benefits. A Bad Example of Community Relations/ Consultation Some mining projects in Senegal have been the sub - ject of criticism for insufficient consultation and lack of transparency, which has led to tensions with local com - munities. In such cases, failure to address concerns about water contamination, land rights or employ - ment opportunities has resulted in social issues and conflicts. Some mining companies have been slow to respond to complaints, which has caused further
difficulties. The Mining Code and Environmental Code require that consultation processes are in place and that the voices of impacted communities are heard, but challenges remain in ensuring these are genuinely participatory and not just a formality. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects The transparency framework developed by the Sene - galese authorities is in progress. To make the national measurement reporting and verification (MRV) system effective, the government has established an online training programme for government officials and rel - evant stakeholders on the use of the MRV system. 3.2 Climate Change Legislation and Proposals Related to Mining There is currently no specific legislation relating to cli - mate change or global warming in Senegal. Relevant - ly, there are the environmental provisions set out in the Mining Code. However, there is a distinction between climate change regulation and environmental law (or provisions), despite some overlap as a result of how one can affect the other. See 1. Mining Law: General Framework and 2. Impact of Environmental Protec- tion and Community Relations on Mining Projects . 3.3 Sustainable Development Initiatives Related to Mining There are currently no sustainable development initia - tives related to climate change or global warming in Senegal. 3.4 Energy-Transition Minerals There are no governmental or legislative initiatives regarding the increasing demand for so-called energy- transition minerals in Senegal.
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