GUINEA Law and Practice Contributed by: Kanto Andrianjakamanantsoa and Tiavina Rakotonaivo, John W Ffooks & Co
2.4 Prior and Informed Consultation on Mining Projects Any opening or closure of exploration and/or exploitation of mines or quarries is subject to a prior declaration to the National Mining Author - ity. 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. The holder of a mining exploitation title is also required to make all necessary efforts to proceed with the closure of its operations in a gradual and orderly manner, 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 opera - tions in collaboration with the territorial admin - istration and the local community. 2.5 Impact of Specially Protected Communities on Mining Projects There are no protected communities, such as indigenous and traditional peoples, in the Republic of Guinea. 2.6 Community Development Agreement for Mining Projects It is mandatory for a holder of mining exploitation title to enter into an LDA with the local commu - nity in the Republic of Guinea. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations There are no specific ESG guidelines or regula - tions in place in the Republic of Guinea.
2.8 Illegal Mining Illegal mining is an issue in the Republic of Guinea, especially when it comes to classic artisanal mining operations for gold extraction. The Mining Code provides that classic artisanal mining exploitations must be carried out using manual and traditional methods and processes. There are, however, those who practice mecha - nised artisanal mining exploitation, which is not in compliance with the provisions of the Min - ing Code. Encouraging this illegal form of gold extraction enriches individuals and lobbies to the detriment of the state. This practice also reduces the number 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 Min - ing Code. Anyone involved in illegal mining may be punished by imprisonment of two months to three years and/or the payment of fine of up to GNF15,000,000 (approximately USD1,742). 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 com - munities 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, well-being and human rights of their employees, communi - ties and others affected by their activities;
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