Create and Operationalize 5 Local Mining Development Committees (CDLM) (CI0002)

Current Situation or problem/question to be addressed/having to be resolved: -Insufficient involvement of neighboring communities -Lack of basic infrastructures (schools, health centers, roads, available drinking water, etc.) income-generating activities, employment in the localities surrounding mines etc.; Main purpose: Get the populations close to operating mines involved in choosing socioeconomic projects to be implemented thanks to the fund granted by the mining company; Brief description of the commitment: -Issue for each mining company a departmental order on establishment of a local mining development committee(CDLM) -Set up the CDLM made up with: oThe Department Prefect (Committee Chairman) oThe President of the Regional Council (Vice-chairman)oThe sub prefects, Members of Parliament, Mayors of impacted localities; oThe representatives of the impacted localities oThe mining Administration (Technical Secretariat) oThe representative of the mining company -Opening of a specific bank account for the Fund (0.5% )of the turnover by the mining company -Monitor the implementation of the community development projects; OGP challenges addressed by the commitment: -More efficient management of natural and public resources; Increase corporate accountability; Relevance: - Consultation and participation of -the population in choosing socioeconomic projects -to be implemented: -Public's access to information; -Implementation of channels of communication; -Responsibility and accountability of the CDLM; Ambition: -Preparation of local mining development schemes by the mining company in consultation with the neighboring populations and local administrative authorities and managed by the CDLM;-Implementation of socioeconomic projects for the neighboring communities by the CDLM -Monitoring of the projects implemented for the impacted populations by the Ministry of Mines ( General Directorate of Mines and Geology) -Preparation of the CDLM financial management documents -Preparation of CDLM activity reports;

2. Create and operationalize 5 Local Mining Development Committees (CDLM)

Commitment Text:

Create and operationalize 5 Local Mining Development Committees (CDLM)

Brief description of the commitment

- For each operating company an inter-ministerial decree showing the creation of a Local Mining Development Committee (CDLM) Set up the CDLM comprising:

· The Department Prefect (Committee Chairman)

· The President of the Regional Council (Vice-chairman)

· The sub prefects, Members of Parliament, Mayors of impacted localities

· The representatives of the impacted localities

· The mining Administration (Technical Secretariat)

· The representative of the mining company

- Opening of a specific bank account for the Fund (0.5% of the turnover by the mining company)

- Monitor the implementation of the community development projects

Verifiable and quantifiable stages to carry out the commitment: Issue a departmental order on the establishment a local mining development committee for each mining company

- Set up the CDLM

- Open the bank account for the Fund (0,5% of the turnover by the mining company)

- Implement community development projects

- Monitor the implementation of the projects

Responsible institution: Ministry of Industry and Mines

Supporting institutions: General Directorate of Mines and Geology (DGMG)/ Directorate of Mining Development

Start date: 2016 End date: May 2018

Context and Objectives

The main objective of this commitment is the appropriation of mining projects by the public. A lack of appropriation could lead to conflict between mine operators and local communities. In March 2016, for example, the authorities should have intervened in a conflict between residents who lived close to the Divo gold mines and the mine operators by talking to residents to calm the situation.1 The residents, who had relinquished their land, considered afterward that compensation had been insufficient compared to the profits they imagined the mine operators made.2 More recently, in February 2018, after four years of unrest and tension, an agreement was at last reached between the Agbaou mine management and the representatives of local inhabitants.3

Through this commitment, those who live close to operating mines will help choose how to use funds allocated by mining companies for socioeconomic endeavors. A government representative4 stated that the presence of a mine in a region contributed to development due to the additional activities connected with its presence. Thus, stated a government representative, local populations should be involved in mining projects. Such involvement enables the mining company to gain a 'social permit,' an approbation that is only a tacit agreement. However, consequently, the operations can be conducted without conflict between the company and the local population.

The commitment also provides for the creation of Local Mining Development Committees (CDLMs). The regional prefect presides over these committees, which should represent all the layers of the populations in question. According to their missions, the committees manage the local mining development plan, drawn up by civil society, in collaboration with neighboring communities and the territorial local authority administration. The CDLMs hold five priorities. The promotion of employment is one priority of strategic importance.5 The director of Mining Development confirmed in February 2018 that revenue-generating projects were being created. The CDLMs should therefore contribute to promoting employment among the populations neighboring the mines. The CDLMs should also promote company responsibility to ensure that profits from the exploitation of natural resources benefit the community, the mine companies, and the state. The government ensures that the mining companies fulfill their commitments (e.g., compensation payments, generation of employment) and that populations bordering mines profit financially from the presence of mines in their communities.

Before the commitment and the mining code of 2014,6 social action and consequent projects depended on the goodwill of the mining company. Such companies had no obligations in this area, and no laws existed on the matter. Local populations were not truly involved and did not benefit financially or socially from the presence of mines in their communities.7 The major innovation in the code is the aspect of community development. The code now obligates mine companies to involve the community, which is now represented in the CDLMs. This committee holds responsibility for implementing and monitoring projects, for managing local development funds, and for overseeing spending. The opinion of the population will now be considered in project implementations. The potential impact of this commitment is moderate. If actuallly implemented as written, these milestones would certainly contribute to the main objectives of this commitment—that is, civic participation and community development.

However, the Mining Development director raised some challenges. The manner in which the CDLMs address the challenges will reflect their effectiveness. The director notes that among the populations affected on the ground, some are closer to the mines than others. Those situated closer to the mines believe they should benefit more from the projects than those who are further away. In general, the regional prefect has managed to settle such issues, according to a government representative. Another challenge lies in whether nonqualified employment should be offered first to the affected populations. Each sector of the population felt that the CDLM procedure took too long, and sometimes residents negotiated directly with the company.

The commitment, as written, is consistent with OGP values in the sense that it encourages a dialogue among and participation of citizens.

Completion:

2.1. A ministerial decree for each mining company for the creation of a Local Mining Development Committee (CDLM): This milestone was substantially implemented. The government issued seven ministerial decrees regarding the creation, attribution, organization, and functioning of CDLMs.8 Only two decrees were issued during the implementation period. These include the 6 February 2017 Kaniasso department decree (involving the Ziemougoula mine in Odienné) and the 20 June 2017 Dikodougou department decree (involving the Sholoh Manganese SA mine in Korhogo). The government issued four other decrees on 27 November 2014 and one on 22 December 2015.

2.2. Setting up the Local Mining Development Committee (CDLM): This milestone is substantially completed. According to the director of Mining Development,9 there are now seven operating CDLMs.10 According to the civil society assessment dated October 2017, six CDLMs have been established, of which three are working and three are not. The Ministry of Industry and Mines website11 stated, 'To date three Local Mining development Committees have been set up.'12

The website does not appear to be up to date, as other webpages state that five CDLMs have been established in total. Consequently, there is confusion and inconsistency concerning the exact number of CDLMs created. The IRM researcher’s investigation showed that eight CDLMs had been created.13 Further evidence provided by the government14 showed that seven CDLMs were created—six working and one not.15

In further investigation of the existence of CDLMs, the director of Mining Development16 stated that each year the CDLMs write a report that is sent to the Ministry of Industry and Mines. Chantal Angoua provided a meeting report from the Bondoukou CDLM, but it is dated January 2018, after the implementation period under consideration. According to another report,17 of the three CDLMs in the Divo locality, the local mining development plan created by the mine was provided to the Agbaou CDLM on 30 June 2017. The Hiré CDLM was created on 25 July 2016, but as specified in its report, the CDLM bureau was effective as of on 1 April 2017 and does not contain any implemented report.

2.3. The operating company is to open an account and credit funds to 0.5 percent of its turnover: This milestone saw limited completion. Representatives of civil society stated that some operating companies had not opened accounts. These representatives also stated that the civil society platform assessment report had recommended that the local mining development communities (CDLMs) should be rendered functional by opening their accounts and by promoting the local mining development plan to settle legal quarreling. Nevertheless, the activity report of the three Divo CDLMs18 specifies that an amount was 'made available to the CDLM of the Agbaou by Côte d’Ivoire' without explaining whether that sum was wired to the CDLM’s account. The Hiré CDLM received wires in 2017, therefore indicating that the CDLM possesses an open account. Funds were also wired to the Lauzoua CDLM account in 2017. The government did not provide evidence of accounts for any other CDLM. In government documents, the actual opening date of the existing account is not available. This information would have allowed the IRM researcher to determine if these accounts were opened during the implementation period.

2.4. Undertake community development projects: This milestone has not started. Chantal Angoua provided records of temporary receipt of a local mining development community (CDLM) project for the Bondoukou mine.19 However, the records are dated January 2018, which is after the

review period. The activity reports20 from the three CDLMs of Divo clearly indicate that there are no projects implemented in the Lauzoua and Hiré CDLMs. Pictures provided by the government that depict, according to the government, community development projects are insufficient to determine the implementation of this commitment. According to a civil society platform representative,21 the state of implementation of community development projects is incomplete.

2.5. Monitor the realization of projects: This milestone has not begun because the projects themselves have not begun.

Early Results (if any)

To date, according to a civil society representative,22 some local mining development communities (CDLMs) are functional, with an account opened. These are effective, involving the population in accordance with the terms of the commitment. They are also developing community projects. This information primarily reflects operations at the Bondoukou, Lauzoua, Hiré (all in the Divo locality), and Iti CDLMs, which are functioning at 80 or even 90 percent.23 The representative added that the established CDLMs executed projects that improved the living conditions of the local populations.

However, according to the representative, the majority of the CDLMs still do not have a local development plan, despite the fact that this is why the funds are provided.

Next Steps

The commitment, as written, should be extended in the next action plan, with clear, specific, quantifiable, and verifiable milestones that will be effectively implemented during the action plan period. More specifically, civil society has three recommendations: (i) Documents regarding the local mining development plan, the budget, and the advancement of community projects should be available and easily accessible to citizens; (ii) a directory of the members of the local mining development community (CDLM) should be prepared; and (iii) all information regarding the CDLM (e.g., local development plans, budget, advancement) is published on the Ministry of Industry and Mines website.

If these guidelines are followed, and if the commitment is extended in the next action plan, it should be more transparent, notably in terms of advancement and completion of projects.

1 'Crises Répétées dans les Mines d’or à Divo/L’Etat Doit Trancher Avant l’Irréparable (Analyse),' Agence Ivoirienne de Presse, 22 March 2016, http://aip.ci/crises-repetees-dans-les-mines-dor-a-divoletat-doit-trancher-avant-lirreparable-analyse/.

2 Ibid.

3 Jacques Deveaux, 'Côte d'Ivoire: La Population Fait Plier la Compagnie Minière à Agbaou,' France TV Info, 12 February 2018, http://geopolis.francetvinfo.fr/cote-d-ivoire-la-population-fait-plier-la-compagnie-miniere-a-agbaou-178689.

4 Niansounou Jean-Albert, Director of Mining Development, Ministry of Industry and Mines, interview by IRM researcher, 16 February 2018.

5 The other four are the infrastructure and development equipment, social services development, local economy development, and human capital development.

6 Republique de Côte d’Ivoire, Loi N° 2014-138 du 24 Mars 2014 Portant Code Minier, http://www.gouv.ci/doc/accords/1449057553code-minier-2014.pdf.

7 'Contestations des Projets Miniers en Côte d’Ivoire: Vers la Reconnaissance du Droit au Développement Humain Durable des Populations et Collectivités Locales (Contribution),' Abidjan.net, 1 August 2014, http://news.abidjan.net/h/504867.html.

8 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

9 Niansounou Jean-Albert, Director of Mining Development, Ministry of Industry and Mines, interview by IRM researcher, 16 February 2018.

10 Agbaou CDLM (Divo locality), Iti (the oldest), Hiré, Bondoukou Manganèse, d’Ivoire Maganèse de Kaniasso, Lauzoua (toward Grand-Lahou), and Lagnonkaha (toward Korhogo).

11 'Mining Policies,' Ministry of Industry and Mines, http://www.industrie.gouv.ci/?page=politique_miniere, accessed 2 April 2018.

12 Bondoukou Manganèse SA mine CDLM, in February 2015; CDLM of the SMI mine, in June 2015; and CDLM of the Agbaou Gold Operations SA mine, in July 2015.

13 Agbaou gold mine, Bondoukou manganese mine, Kaniasso manganese mine, Bonikro-Hiré-Dougbafla mine, Afema mine, Sissengué mine, Iti gold mine, and Lauzoua mine.

14 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

15 4 CDLM ont été installés entre Février 2015 et Janvier 2016 soit avant la période d’étude; 2 CDLM ont été installés pendant la période d’étude; et 1 CDLM a été installé en Novembre 2017, soit après la période d’étude de ce rapport.

16 Mr. Niansounou Jean-Albert, Director of Mining Development, Ministry of Industry and Mines, interview by IRM researcher,

16 February 2018.

17 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

18 Ibid.

19 Ibid.

20 Ibid.

21 Civil society platform representative, interview by IRM researcher, 2018, followed by phone and email exchanges. 22 Civil society platform representative, interview by IRM researcher, 2018, followed by phone and email exchanges. 23 Civil society platform representative, interview by IRM researcher, 2018, followed by phone and email exchanges.

Commitment 2: Creation and operationalize 5 Local Mining Development Committees (CDLM)

Brief description of the commitment:

- Issue for each mining company a departmental order on establishment of a local mining development committee (CDLM);

- Set up the CDLM made up with:

• The Department Prefect (Committee Chairman) ;
• The President of the Regional Council (Vice-Chairman);
• The sub prefects, Members of Parliament, Mayors of impacted localities;
• The representatives of the impacted localities;
• The Mining Administration (Technical Secretariat);
• The representative of the mining company

- Opening a specific bank account for the Fund (0.5%) of the turnover by the mining company;

- Monitor the implementation of the community development projects.

Verifiable and measurable steps to achieve the commitment

2.1- Issue a departmental order on establishment of local mining development committee for each mining company;

2.2- Set up the CDLM;

2.3- Open the bank account for the Fund (0.5%) of the turnover by the mining company;

2.4- Implement community development projects

2.5- Monitor the implementation of the projects.

Responsible institution(s): Ministry of Industry and Mines

Supporting institution(s): General Directorate of Mines and Geology (DGMG)/Directorate of Mine Development

Start Date: 2016 End Date: May 2018

Action Plan is available here:

Commitment Aim:

This commitment aims to involve local populations at exploited mine sites in the process of choosing which socio-economic projects should be implemented with the funds allocated by the mining company. Specifically, the commitment intends to create Local Mining Development Committees (CDLM) that will be in charge of the management of the local mining development plans created by the companies, in partnership with the local communities as well as administrative and territorial authorities.

Status

Midterm: Limited

Implementation of this commitment was limited by the midterm. The Ministry of Mines created several CDLMs by ministerial decree, including two during the first year of implementation. However, some CDLMs were not operational and had not opened any bank account. Moreover, the committees had not implemented any community development projects. For more information, please see the 2016−2018 IRM midterm report. ^[9]

End of term: Limited

The CDLM in Lagnonkaha (Korhogo/Dikodougou) was created by a ministerial decree on 20 June 2017 and was set up on 10 November 2017. ^[10] However, this CDLM was still not operational at the end of term. Provisional minutes dated 30 November 2017 showed the approval of the construction of a building for the Bondoukou CDLM. The government also sent the IRM researcher minutes of a 7 February 2018 meeting of the Bondoukou CDLM, ^[11] which aimed to inform villagers of the mining research permits granted to ETRUSCAN. ^[12] The official constitutions of the Foungbesso, Moyango and Viala nickel mines in Touba and Biankouman were presented at a public meeting organized by the regional and department prefects. ^[13] The government issued a ministerial decree creating this CDLM on 29 December 2017. ^[14] However, according to reports, “in west-central Côte d’Ivoire, the populations that are directly impacted by the gold mines of Bonikro and Hiré are unanimous on the fact that no achievement has hitherto been made by their Mining Local Development Committee.” ^[15]

The IRM researcher could not find evidence to confirm the implementation of remaining milestones – i.e. the introduction of three new CDLMs, the opening of CDLM accounts, or the implementation of any community development projects. Therefore, the completion of this commitment remains limited.

Did It Open Government?

Civic Participation: Major

This commitment is a major step forward for government openness in terms of civic participation, but remains limited in scope. For instance, through the introduction of CDLMs, mining companies and the relevant administrative and territorial authorities now consult, or have a framework for consulting, local populations on topics relating to the local mining development plan. ^[16] As a result, communities are now more involved in mining projects, including in managing the mining local development plans. This, in turn decreases the chances of conflicts between the mining operators and the local communities. ^[17]

Before creating CDLMs, populations around the operational mining sites were not involved in choosing the socio-economic projects funded by mining companies. ^[18] Although this is an important improvement in citizen participation, an anonymous mining expert confirmed that there is a problem of governance at the committees’ level. ^[19] According to this expert, benefits are not always distributed at the local level. For example, in committees chaired by prefects, the benefits dedicated to villagers are not necessarily distributed to local development projects. ^[20] This is the case in Bondoukou and in some localities in the north of the country, where people complain that in addition to unkept promises, they’re told financial figures that are not accurate. ^[21] Communities located close to a mining site are still awaiting the benefits due to them. ^[22] Residents near a mine in Lauzoua are exposed to hazardous dust from the mining operation and have no electricity despite their proximity to the electrified mine. ^[23]

Despite this limitations, citizens are clearly playing a greater role, not only in identifying development plans that are useful to them, but also in influencing what is happening in relation to mining-related governance. According to a civil society representative on the PCSI forum, ^[24] there are some localities where there is no local development plan yet, but citizens have already developed funded activities. Even though some CDLMs do not yet have their development plans—which is normally a condition for obtaining funding—this commitment has served as an opportunity for civil society to stimulate the debate and allow citizens to participate effectively. ^[25]

Carried Forward?

The commitment was not carried into the new national action plan for 2018−2020.