SENEGAL Law and Practice Contributed by: Hariliva Andriamahefa and Mampionona Razafimamonjy, John W Ffooks & Co
Code establishes the possibility for the Ministry of Mines to designate protected areas where mining activities such as prospecting, explora - tion and exploitation are strictly prohibited. Addi - tionally, protected areas may be created wher - ever deemed necessary by the Ministry, such as for preserving ecological integrity, public safety or cultural heritage. While this safeguards critical assets and pro - motes sustainable development, it also restricts mining companies’ access to certain reserves, potentially reducing their operational scope and profitability. The requirement to avoid said areas increases the need for careful project planning and environmental assessments, which can lead to higher compliance costs and operational adjustments. 2.3 Impact of Community Relations on Mining Projects The Ministry of Mines in Senegal addresses community relations in relation to mining pro - jects by mandating public consultations and community involvement throughout the project life cycle, as required by the Mining Code and the Environmental Code. On the one hand, mining companies must con - duct environmental and social impact assess - ments, which include consultations with affect - ed communities to ensure their concerns are addressed. On the other hand, mining companies are spe - cifically required to contribute to the develop - ment of local communities through mechanisms like a local development fund ( fonds de dével- oppement local ), funded by mining revenues to support community projects and considering the opinion of local communities and authori - ties. Additionally, to avoid any potential issue
between the community and the mining opera - tors, the Mining Code requires the latter to priori - tise Senegalese workers and to promote equal employment opportunities. 2.4 Prior and Informed Consultation on Mining Projects Informed consultations are required when the investor wants an authorisation to open a pub - lic/private quarry, or for artisanal mining exploi - tation. The responsibility for carrying out these consultations with the relevant authorities and local communities lies with the Ministry of Mines. Senegal does not recognise indigenous or tra - ditional people. Under its Constitution, there are no statutes or privileges relating to place of birth, person or family. 2.6 Community Development Agreement for Mining Projects 2.5 Impact of Specially Protected Communities on Mining Projects The Senegalese Mining Code provides for the establishment of a local development fund to ensure that mining projects contribute directly to the socio-economic development of affected communities. Mining companies are required to contribute 0.5% of their turnover to this fund, excluding taxes. The local development fund is used to finance projects that benefit the com - munity and promote sustainable development in mining areas. The management of the fund is overseen by local authorities and representatives of the affected communities to ensure that it meets their spe - cific needs and priorities.
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