Mining and the Environment: A Need to Close Deadly Mine Sites in the Eastern Region of Cameroon

Like most resource-rich countries, Cameroon battles with mine-related environmental concerns. Besides environmental damage caused while mining takes place, such as water pollution and the destruction of forests, environmental damage ensues from mines that are not rehabilitated after mining activities have ceased. A study shows that between 2012 and 2014 there were at least 250 mine sites that were not restored after mining activities ceased, as provided for by the mining code. The question is whether this is the result of insufficient regulation and implementation, or whether the fault lies squarely with mining companies that are not complying with the law.

Proper rehabilitation of mine sites has become an important issue since some of the abandoned mines have recently become deadly. On December 30, 2017, a dozen men were buried in an abandoned gold mine in the Eastern Region of Cameroon. This is not the first tragedy of its kind to occur in an abandoned mine. Up to forty-three people are believed to have died in abandoned mines during 2017 alone, including a twelve-year-old boy.

There are two main reasons abandoned mines are so dangerous. First, the land on which such mines are situated has become very unstable over the years, especially after abandonment by original licensed owners. The issue with abandoned mines is that over the years, the walls of such mines become very loose. The instability can then result in landslides that bury unfortunate gold hunters who happen to be in the mines at the time of the slide. Available sources do not confirm whether such miners are licenced or illegal miners but it is apparent that there are individuals who move in illegally to dig further after the companies have left. Second, after mining operations have ceased, opencast mines will over time be filled with rainwater. The main danger is that people walking around and unaware of the presence of opencast mines covered by vegetation often accidentally fall into deep pools of water and usually drown.

The Cameroonian mining code has made provision for environmental rehabilitation,[1] to avoid scenarios like those highlighted above. After mining operations at a site have ceased, the site must be restored to:

“…conditions of security, rural productivity, and physical appearance close to [its] original state, and in a manner considered appropriate and acceptable by authorities in charge of mines and the environment.”[2]

The mining code further provides that the closure of mining shafts is the responsibility of mining companies.[3] The main aim of the provisions is to ensure that mine companies leave mining sites in a state that poses no danger to the local population. The sites should furthermore be in such a state that it could be used for catering for the local community’s developmental needs, as provided in article 136(3).

If the mining code provides for the responsibility of mining companies to secure mining sites after operations have ceased, why does the problem of unsafe abandoned mines persist? The mining companies and government have differing opinions as to where the problem lies. The concerned mining companies do not dispute the fact that they failed to rehabilitate their mine sites to the original state. However, they claim in their defence that they pay sequestration funds for environmental rehabilitation and that it is the government’s responsibility to rehabilitate the area. The government, on the other hand, denies claims that money is being paid by the mining companies. No account exists in which the alleged payments can be made, according to the government. The government’s response in this regard is worrisome since the law provides for the creation of such an account. The mining code requires holders of mining permits (for small-scale and industrial mining) and mining authorisations (for semi-mechanised artisanal mining),[4] to make annual contributions for environmental rehabilitation.[5] Such funds “are to be held in an escrow account with the Central Bank”.[6] Government’s stance in this regard could be an indication that government is not enforcing the provisions requiring funds to be set aside for environmental rehabilitation. If that is true, where have mining companies been depositing the required funds? Or have they not been making these payments, as alleged?

One of the few efforts of the government is the suspension in September 2017 by the Minister of Mines, Industry and Technological Development of a mining company from any activity for six months. It is a period during which the company must rehabilitate all its sites that are no longer operational; otherwise, it will not be allowed to conduct further operation in other active sites. The suspension followed the drowning of a twelve-year-old boy. The suspension could send a strong signal to other mining companies that any failure on their part to rehabilitate abandoned mines may hinder them from mining in other areas in Cameroon. Local communities, however, are still of the view that the government is not doing enough to resolve the issue of abandoned mines.

The situation in the Eastern Region of Cameroon is alarming and may be prolonged unless the law is properly implemented and enforced to achieve lasting solutions regarding environmental concerns such as non-rehabilitation of mine sites. From the above, one can conclude that the issue is not the law, but effective enforcement of and compliance with environmental provisions in the mining code.

Written by Bernard Kengni