Analysing the Implications of Environmental Exigencies in the Protection of Mining Contracts: The Cameroon Mining Law Explanation.

Abstract

Just like many other African countries, since independence, efforts have been directed towards attaining development through industrialisation and exploitation of the rich mineral resources the country is endowed with. To ensure that revenue from resource exploitation effectively propel the much needed development, measures have been taken to attract and maintain mining companies. Today, Cameroon is host to a wide number of mining companies with whom mining contracts have been concluded and mining concessions granted. It is no surprise that in the early days of the strife to achieve economic development, little consideration was given to the environmental effects of mining activities. As a result, when environmental problems arose from mining activities, they were traditionally considered to be “in the public interest” and the government assumed principal responsibility for ensuring environmental safety, and generally bore the obligation of mitigating any damage. As a result, environmental protection never occupied any priority position on the agenda of the state as well as the companies. Conscious however of the fact that the much needed development cannot be sustainably guaranteed without the environment given a priority position, the state of Cameroon has taken measures through legislations and now incorporates the exigencies of environmental protection in mining contracts. While acknowledging the initiative in these laws and mining contracts the question as to whether they are sufficient to effectively guarantee environmental protection is a big debate. This is especially so as sanctions previewed through the repressive technique have not been stringent enough to effectively deter mining companies from violating environmental law. This is justified by the increase in the number of non-rehabilitated abandoned mining sites in violation of the law. We therefore recommend the total commitment of contracting parties (the state and mining companies) and the imposition of more stringent sanctions on violators of mining laws.