MALI Law and Practice Contributed by: Fabiola Andriamalala and Felana Ranaivoson, John W Ffooks & Co
2.5 Impact of Specially Protected Communities on Mining Projects Traditional people are among the specially pro - tected communities in Mali. Indeed, consent from the owners of the land is required before exercising the rights arising from the mining permit. According to the Mining Code of 2023, “owners of the land” refers to persons or institu - tions 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 communi - ties 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 com - munity development plan should cover priority sectors such as the construction and develop - ment of roads and bridges and the construction of health centres and schools. The technical committee monitoring the commu - nity development plan is in charge of controlling the plan’s implementation. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations The Mining Code of 2023, supplemented by its implementation decree of 2024, increases state control, including via measures aimed at improv - ing local participation and environmental protec - tions, leading to a focus on enhancing environ -
generally managed by the Malian state. How - ever, some categories could potentially be cre - ated 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 pro - tected areas, such as natural integral reserves and national parks. Mining activity threatens biodiversity in pro - tected 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 develop - ment of communities by taking economic and social actions to improve the living conditions of the local population. For instance, mining indus - tries may build infrastructures, such as schools and health centres, for the benefit of local popu - lation. In addition, mining industries should give priority to nationals, national enterprises and locally produced materials in the execution 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 subject to the consent of the owners of the land or rights holders. In the absence of consent, the mining permit holder should indem - nify the owners of the land and can carry out the activity accordingly. Consultations are primarily carried out by the investor.
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