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Cote d'Ivoire

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

Overview

At-a-Glance

Action Plan: Côte d’Ivoire Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Industry and Mines

Support Institution(s): -Senior Ministry, Ministry of Interior and Security; -Ministry of Industry and Mines; The mining company; Civil society organizations; Extractive Industries Transparency Initiative (EITI);

Policy Areas

Extractive Industries, Participation in Budget Processes, Public Participation, Public Service Delivery, Subnational

IRM Review

IRM Report: Cote d’Ivoire Mid-Term IRM Report 2016-2018

Starred: No

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation

Potential Impact:

Implementation i

Completion:

Description

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;

IRM Midterm Status Summary

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.


Commitments

  1. Citizen Budget

    CI0016, 2018, Capacity Building

  2. Participative Decentralized Development for Preschools

    CI0017, 2018, Capacity Building

  3. Whistleblower Protection

    CI0018, 2018, Capacity Building

  4. National Integrity Strategy

    CI0019, 2018, Anti-Corruption Institutions

  5. Asset Declaration

    CI0020, 2018, Asset Disclosure

  6. Local Participation

    CI0021, 2018, Capacity Building

  7. Local Anti-Corruption Measures

    CI0022, 2018, Anti-Corruption Institutions

  8. Contraception Distribution

    CI0023, 2018, Capacity Building

  9. Open Data

    CI0024, 2018, Capacity Building

  10. Liberalize Television Space

    CI0025, 2018, Civic Space

  11. Publish the Number of Carats of Diamond Exported and Accompanying Kimberly Process Certificates

    CI0001, 2016, Capacity Building

  12. Create and Operationalize 5 Local Mining Development Committees (CDLM)

    CI0002, 2016, Extractive Industries

  13. Release All Tax and Customs Regulations

    CI0003, 2016, E-Government

  14. Release the Communications to the Councils of Ministers on the Quarterly Implementation of the Budget

    CI0004, 2016, E-Government

  15. Publish Communications to the Council of Ministers on Contracting Process on a Quarterly Basis

    CI0005, 2016, E-Government

  16. Interconnect Public Five (05) Universities and Two (02) Business Schools.

    CI0006, 2016, Capacity Building

  17. Set up Virtual University of Côte D'Ivoire

    CI0007, 2016, Education

  18. Install a Virtual Single Window for Public Service Request and Receipt in Order to Facilitate Access to Public Information

    CI0008, 2016, E-Government

  19. Create and Operationalize an Open Data Portal for Côte D'Ivoire

    CI0009, 2016, Capacity Building

  20. Set up and Operationalize a National Competitiveness Monitoring Body

    CI0010, 2016, Legislation & Regulation

  21. Promote Access to Public Information Act

    CI0011, 2016, Legislation & Regulation

  22. Ensure the Freedom the Press and Plurality of Expression

    CI0012, 2016, Civic Space

  23. Set up Five (05) Municipal Committees to Fight Against Racketeering

    CI0013, 2016, Anti-Corruption Institutions

  24. Promote Participatory Budget in 05 Communes

    CI0014, 2016, Capacity Building

  25. Establish and Operationalize a National Monitoring Body for the Quality of Financial Services

    CI0015, 2016, Legislation & Regulation