A mining convention and an exploitation permit were granted without consulting the inhabitants of Ebodjé. Abandoned, they ask the authorities for help. All the experts are calling for an amendment to the Cameroonian mining law which has many flaws.
“We are like a worm among ants”, thus expresses himself, looking unhappy, Njokou Djongo, the chief of the Ebodjé village in the south of Cameroon, to describe the situation experienced by the inhabitants of his region.
Located on the Atlantic coast in the district of Campo, not far from Kribi, this village known for its ecotourism potential is close to the Campo-Ma'an national park, listed in the UNESCO heritage list, and the marine park of Manyangué na Elombo where several species of sea turtles live.
Ebodjé is one of the localities where the Chinese company Sinosteel, through its subsidiary Sinosteel Cam SA, is preparing to exploit the Lobé iron deposit, endangering the cultural and religious heritage of the locality, to the great dismay of the local population. .
The mining convention was signed on May 6, 2022 between the Minister of Mines, Industry and Technological Development (MINMIDT), Gabriel Dodo Ndoke and the General Administrator of Sinosteel Cameroon…
At Sinosteel, however, we refuse to comment on this project and its consequences. SciDev.Net sent an e-mail request for information on July 18, 2022 to the general management of the company; but this correspondence remained a dead letter, despite a follow-up made on July 25.
As for Franck Mene, head of communication at Sinosteel Cam SA, he is content to say that “we are not communicating at the moment. I would appreciate your understanding of our current unavailability.”
On the ground during this time, the populations cringe because of the absence, so far, of consultations and public hearings. These moments of discussion that would have allowed them to better understand the project in order to raise their concerns and protect their interests. An approach that never ceases to amaze specialists in mining issues.
Bareja Youmssi, mineral resource geology teacher at the Bukavu School of Mines (Democratic Republic of Congo) and at the University of Bamenda in Cameroon, lack of words to describe his surprise.
He maintains that we should not even speak of an agreement, without prior consultation of the populations living in the locality which will host the project.
“There first had to be a consultation with the community before signing the agreement; this was not the case”, denounces this expert who is also a specialist in the negotiation of mining contracts.
Free, informed and prior consent
Osman Aoudou, mining engineer and president of the Association of Mining Engineers of Cameroon (ASSIMIC) agrees. “We have been taught that consultation of local populations during mining projects must be done from the design phase. research He says.
Because, "it is necessary to explain the importance of the mining project to the local populations so that its establishment is facilitated with their adhesion", he adds in an interview with SciDev.Net.
According to his explanations, the population must be consulted from the start of the research work and this consultation must be intensified during the pre-feasibility and feasibility studies.
René Noungang, national delegate for Cameroon of the NGO Planet Emergency, specialized in the protection ofenvironment, provides an additional argument.
“Today, in large-scale projects, there is a concept called CLIP, which means “free, prior and informed consent” of the communities living near a project. That is to say that before an agreement is signed to give the starting signal for the implementation of the project, we must first present this document which shows that the populations have been consulted and that they consented to and accepted this project.
René Noungang goes even further by stating that as long as the CLIP is not obtained, the project is not fit to be implemented and no agreement should be signed.
However, in the case of the exploitation of the Lobé iron deposit, these consultations have not taken place so far. The government's approach is undoubtedly based on the legal provisions in force, in this case the mining code.
Article 106 of this law provides that "the signing of the mining agreement entitles the operator, to the allocation for use by the State, after consultation of the affected populations, of the land necessary for the exploitation mineral substances discovered, in accordance with the legislation and regulations in force. »
Reviews
Osman Aoudou tries to understand why the mining law situates the consultation of the populations after the signing of the agreement.
“It might be justified by political, economic or even technical considerations; because, to attract investors, he explains, it is necessary to reduce the requirements and facilitate the work, especially during the research phase which is an activity with very high risks for the operator. Intense and repetitive public consultations can not only slow down the work but lead to loss of money”.
However, insists the engineer, "it is strongly advised to carry out consultations during the study, pre-feasibility and feasibility phases in order to fully take into account the expectations of the local populations".
Faced with all these recriminations and the many criticisms that emerged the day after the signing of the mining convention in May 2022, the Ministry of Mines reacted through a video published on its website.
In this element, Clotaire Kouakep Nzengang, deputy director of mining activities at MINMIDT, only responds to criticism on the economic aspects to show the interest of the project for Cameroon, ignoring the social and environmental aspects.
Responding to the voices which, as a result of the defects noted in the procedure for granting this mining title, rose across the country to call on the Head of State not to grant the exploitation permit, the final step before the mining of the deposit, Clotaire Kouakep Nzengang once again recalls the provisions of the law.
"The law on the mining code of 2016 provides that the holder of an exploration permit which highlights an economically profitable deposit and who signs the mining agreement with the State of Cameroon is entitled to the exploitation permit", sums up -he.
Operating license
In fact, ignoring complaints from civil society and the local population, the President of the Republic signed the 1er July 2022 the decree granting Sinosteel Cam SA the exploitation permit for the Lobé iron deposit.
The decree in question was not made public as is customary for presidential decrees and it was not until September 6, 2022, more than two months later, that the press revealed the information.
Needless to note that this “the dog barks, the caravan passes” approach provokes indignation in the ranks of experts in mining issues, civil society and the populations living near the project.
“In all countries, hearings with the natives take place before the signing of the convention; but in Cameroon it is the opposite. This is why the current mining code is obsolete and must be reviewed in its entirety”, insists Bareja Youmssi.
A suggestion that adds Osman Aoudou who evokes many other arguments to support it. He recalls in particular that since the promulgation of our mining code in 2016, the mining sector has undergone several changes, namely the new law on decentralized territorial communities (CDT) which involves these entities in the management of mineral resources, the creation of the National Mining Company (Sonamines), etc.
“We need a new law that will comprehensively take into account all these changes. Failing that, for better decision-making, the application decree of the said mining code is needed,” he suggests.
For his part, René Noungang, specifies that it is not a question, according to his understanding, of changing all the mining code which is only six years old and has therefore not yet been tested, given that he came to correct the faults of the old code.
"It should just be amended to align it with the National Development Strategy (SND) which was born after this Mining Code, so that it can make its contribution", he analyzes.
Environmental consequences
According to experts, the exploitation of this mine in the South could lead to the digging of an open pit; which will lead to significant degradation of the soil and subsoil of this locality.
"To put it simply, a large pit or several wells with an average depth of 200 meters depending on the burial of the deposit, will be dug in the ground in order to extract the ores", explains mining engineer Osman Aoudou.
The environmental consequences, according to the president of the Cameroon Miners Association, are therefore at several stages of the project.
Thus, he explains, during the installation of the base camp, there will be deforestation and a modification of arable land which could lead to a drop in agricultural production in a region where the populations live mainly fromagriculture.
He goes on to explain that during the operation phase, various mining discharges such as mining waste rock, mining residues, fine particles, dust, oils and fumes from machinery will be discharged into nature.
However, “the presence of these discharges constitutes a risk of contamination or Pollution soils, waters surface, groundwater, air, surrounding fauna and flora", adds Osman Aoudou.
He ends by indicating that the noise pollution due to vibrations, the noise of explosives and the humming of machines will not be neglected.
Compensation
The mining agreement signed for the benefit of Sinosteel provided in article 11 for indemnities and compensations for the local populations according to articles 116 and 118 of the Mining Code.
Article 116 provides that "the landowners, the occupants of the soil, the beneficiaries and the usufructuaries, victims of expropriation for reasons of public utility for the exploitation of the small mine, the industrial mine and the quarry of public interest, are entitled to compensation for the losses suffered and the rights injured in accordance with the laws and regulations in force. »
In the video broadcast on the MINMIDT website, Paul Ntep Ngwet, consultant at Sinosteel Cameroon, adds that there are funds available intended, among other things, for the environmental restoration of the sites.
Asked by SciDev.Net, Njokou Djongo, the chief of the Ebodjé village reacts by indicating that his populations and himself are not against the projects of the State of Cameroon but do not approve of its approach.
“I have the remains of my parents, ancestors and certain members of my family, buried in my yard. You can't destroy all that for a few pennies. It hurts, ”says the patriarch.
René Noungang notes that these exhumations of bodies could create a resurgence of certain emotional shocks, followed by "serious" social consequences.
Indeed, for these indigenous populations, this mineral exploitation project in their locality will be a cultural and religious deluge. On the 138,5 km² of land to be exploited as part of this project, the natives say they have trees that should not be cut down.
The same is true of what they call "the mythical rocks, the turtle rocks and other things a little deeper like the caves which will be dynamited".
For the environmental activist Didier Yimkoua, it was necessary to proceed before the signature of the convention, to the inventory of the religious goods and the animals which are in the forest.
According to him, the forest among the Bantus is home to totems and wild animals which must be given time to migrate; clearly explaining to people how these spaces will be used.
He relies on his previous experiences: "I had to consult in certain villages where the populations refused to cut down certain trees and we respected their choice", confides the promoter of the Ecological movement in motion.
This civil society activist likens the forest in rural areas to a supermarket in urban areas. Because people go there to look for food, daily necessities and even medicine.
According to Didier Yimkoua, it is moreover the entire Cameroonian population who will suffer from it because "the latter resorts more and more to the traditional pharmacopoeia because of the success of natural products in the fight against certain maladies He says.
Petition
To denounce this "contempt" of which they are the object, the populations of Ebodjé published on May 13, 2022 a petition to express their dissatisfaction and call on the government and thecompany China to take their concerns into account.
This protest document notes first of all that the village has not so far "beneficiary of national resources for the supply of drinking water, Electricity supply, technical training structures and paved road”.
Then, he lists the damage that the future mine could cause. Among other things "the destruction of the biodiversity ecosystem", "the expropriation of arable and subsistence land", "the socio-cultural disorganization as well as the destruction of social cohesion", "the scarcity and impoverishment of food as well as the violation of ancestral sites and vestiges" or “the gradual disappearance of rare species, protected sea turtles and natural tourist sites”…
Indeed, turtles constitute a gold mine for these populations. According to Mckey Ngomi, a native of the region, of the seven species of sea turtles in the world, five come every year to lay eggs on the beach of this locality.
These include the leatherback sea turtle, olive ridley sea turtle, green sea turtle, hawksbill sea turtle and loggerhead sea turtle. A whole project is dedicated to them. Baptized “Túbè awú'” (our ocean), this project aims, according to this native, the preservation of rare species of sea turtles.
Moreover, for a few years, the Ministry of Tourism and Leisure of Cameroon has baptized this village of "ecotourism village". Because of its flora, fauna and biodiversity which attract many tourists every year, despite the absence of paved roads and the lack of basic services such as electricity and drinking water.
With nearby iron mining, people fear losing all this rich biodiversity. They are convinced that well-organized tourism could bring more money to Cameroon than the abusive exploitation of the subsoil of their region.
114 endemic species
In addition, this mine could affect the two national parks, Campo-Ma'an Park and Manyangué na Elombo Marine Park, which are the pride of the locality.
Included in the tentative list of UNESCO heritage, Campo-Ma'an National Park has about 1 species of plants including 500 endemics, 114 large and medium mammals, 80 invertebrates, 390 species of fish, 249 reptiles, 112 amphibians, 80 birds.
According to the explanations of the representative of the NGO Planet Emergency, the Campo-Ma'an park in this case had been created to protect the region's biodiversity from the environmental damage caused by the construction of the Chad Cameroon pipeline.
Despite all this, no attention has so far been given to the various demands contained in the petition of the local populations who have received no response from the authorities.
Asked by SciDev.Net, Gabriel Barka the delegate of the Ministry of Tourism in Kribi says he is waiting for the public consultations that will take place to decide. Except that he himself does not know when these public consultations will take place.
" We are waiting. The sectors concerned are hard at work. When I talk about sectors, I am referring to the various ministries involved in the file. It's a bit early to talk about the case,” he said.
In the same way, all the experts who are interested in this project say that they have so far found no trace of a study of its environmental impact.
SciDev.Net made contact with elected officials in the region; but they did not wish to express themselves on this affair, to the great disappointment of the local populations who feel "more and more alone" in the face of this threat.
Law void
Geology teacher Bareja Youmssi assumes that Sinosteel's silence in the face of people's denunciations could be justified by a legal void in the Mining Code.
The researcher's concerns relate more to what he calls "Chinese business habits". The latter, according to him, are not fussy when it comes to producing while protecting nature.
By way of illustration, the academic cites the exploitation of gold in the commune of Betaré-Oya in eastern Cameroon.
“The Chinese left behind them lakes everywhere without the competent authorities calling them to order. And the same thing will happen in Lobé. They will create an environmental disaster and leave misery, ”insists Bareja Youmssi.
For his part, having been unable to meet the leaders of Sinosteel Cam SA, the environmental activist Didier Yimkoua uses the columns of the newspapers and the radio and television sets to denounce the process which led to the signing of the agreement and to underline the associated environmental risks.
However, Osman Aoudou believes that the environmental risks of the project can be avoided, minimized, mitigated or compensated. Provided that an environmental and social impact study is carried out as well as an environmental and social management plan (ESMP), as required by law.
According to him, the ESMP would make it possible to identify the negative impacts likely to be caused by this project on the environment and to propose mechanisms or a système management to avoid, mitigate, eliminate or compensate for these impacts.
Challenge
All the actors agree that all these proposals can only be made possible if the State of Cameroon strictly monitors their application.
To the delegation of the Ministry of the Environment, Nature Protection and sustainable development, in Kribi, we are well aware of the risks that will result from this great project but do not find in this a reason for an uprising as the populations have done.
“This is not the first time that Cameroon has faced this kind of challenge. The environmental and social impact study will indeed take place. Public consultations and public hearings too. It is not a favor but a duty for the State. People have to be patient. There's nothing serious," says Jean Daniel Mewoli, head of the preservation and environmental monitoring at the departmental delegation of the Ministry of the Environment in Kribi.
Little reassured, René Noungang of the NGO Planet Emergency points out that it is not enough to produce an environmental and social impact study and an environmental and social management plan; “but to do so with all honesty”.
Most of the time, he says, we produce large documents with biased elements that nobody respects in the end; and it is always populations and biodiversity that suffer.
At Sinosteel Cam SA, Franck Mene, Communications Manager, is rather serene: "the signing of the operating license will, we are sure, open up more opportunities for us to move around".
This survey was published on the French version of SciDev.net and is reproduced with their permission.