CAMEROON Law and Practice Contributed by: Aurélie Chazai, Paul Ariel Kombou, Vanina Fonga and Dylan Dave Tchouankeu, Chazai Wamba
local communities before a mining title is granted or a project commences. Unlike in some other jurisdic - tions, the law does not establish a formal procedure for such consultation. Although the Mining Code strongly emphasises com - munity development and local content, engagement with local populations is considered part of the pro - ject’s social programme rather than a condition prec - edent to obtaining approval. Consequently, consulta - tions may occur after the granting of the mining title and during the implementation of social and local development commitments. Under the Mining Code, there is no recognition of spe - cially protected communities, such as indigenous or traditional peoples, with a distinct legal status in the mining sector. The Code provides that local content measures must, where relevant, take into account host communities and indigenous populations when defining social development and economic integration initiatives. However, this provision does not grant any specific legal rights to these communities. It merely requires that mining projects consider their circumstances as part of social and local development plans, without establishing formal procedures or special protections. 2.6 Community Development Agreement for Mining Projects In Cameroon, it is not legally required to conclude a separate community development agreement as an independent document. 2.5 Impact of Specially Protected Communities on Mining Projects Instead, the Mining Code requires that all measures for the development of local communities – including host and, where relevant, indigenous populations – be integrated directly into the mining agreement or terms of reference. These measures cover social develop - ment, local employment, skills transfer, and economic integration. Mining companies are also required to contribute to a special fund for local capacity development, which
finances social and economic initiatives benefiting the communities. In practice, rather than standalone agreements, com - munity development obligations are embedded and contractually binding within the main project docu - mentation, ensuring that investors plan and implement social programmes as part of their formal commit - ments. 2.7 ESG Guidelines and Regulations While the Mining Code does not explicitly use the term “ESG”, it incorporates principles covering envi - ronmental, social, and governance aspects. • Environmental: mining activities must comply with environmental laws, conduct impact assessments, implement management and emergency plans, and ensure site rehabilitation. Companies are required to prevent risks, protect biodiversity, and manage waste responsibly. • Social: projects must integrate local content, support the development of host and indigenous communities, prioritise local employment, provide training, and promote local enterprise. Companies also contribute to a fund dedicated to community development. • Governance: transparency obligations cover pay - ments, traceability of valuable minerals, and disclo - sure of shareholders and subcontractors. The State may hold equity in mining companies to maintain oversight of strategic resources. In practice, the Mining Code embeds ESG principles into project approvals and contractual obligations, making them integral to all mining operations. 2.8 Illegal Mining Illegal Mining Illegal and informal mining is a significant issue in Cameroon. A substantial portion of small-scale and artisanal operations are carried out without valid authorisation, often outside the regulatory framework and without compliance with environmental, safety, or social obligations. Illegal activities have also been reported within the perimeters of valid industrial min - ing titles and, in some instances, in environmentally protected areas.
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