PROMOTING SUSTAINABLE MINING OF CRITICAL MINERALS IN AFRICA

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INTRODUCTION

In February 2022, the Biden Administration’s Department of Interior announced the formation of the Interagency Working Group to study reforming Hardrock mining laws, regulations, and permitting policies in the United States. The working group’s purpose is to inform related policies, including potential future rule-making efforts on mining, while helping support the president’s vision for a “whole-of-government” approach to encouraging sustainable and responsible domestic production of critical minerals. The United States is not the only country looking to amend its mining policies, considering growing environmental hazards and health issues related to unethical mining worldwide.[i]

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MINING OF CRITICAL MINERALS IN AFRICA

An energy system powered by clean energy technologies differs profoundly from one fueled by traditional hydrocarbon resources. Critical minerals such as copper, lithium, nickel, cobalt, and rare earth elements are essential components in many of today’s rapidly growing clean energy technologies, from wind turbines and electricity networks to electric vehicles. Demand for these minerals is growing quickly, as clean energy transitions gather pace. Solar PV plants, wind farms, and electric vehicles generally require more critical minerals to build than their fossil fuel-based counterparts.[ii]

Given the importance of critical minerals in the energy sector, it comes as no surprise that the level of demand for such minerals has been on an upward trend and will continue to rise. Africa, as a continent blessed with critical minerals, has been at the forefront of the mining industry. For example, Mali had the largest copper and lithium exploration budgets within the region in 2022, previously evidenced by sizable high foreign direct investment inflows during 2021-22.[iii]

Africa also holds 30% of the world’s mineral reserves, many of which are critical to renewable and low-carbon technologies, including solar, electric vehicles, battery storage, green hydrogen, and geothermal. To meet the expected rise in global demand, production of minerals and metals such as lithium, graphite, and cobalt will need to increase by 500% by 2050.[iv] This cannot be achieved without Africa’s resources. Guinea leads with the world’s largest bauxite reserves, Gabon is the world’s 2nd largest producer of manganese, Namibia the world’s leading exporter of uranium ore, DR Congo boasts of over 70% of the world's cobalt production, and South Africa leads having 90% of global platinum group metal reserves. [v]

With all these resources at its disposal, Africa has collaborated or entered into agreements with different countries in the world to aid production from these energy sources. In June 2023, the European Union (EU) entered negotiations with the Democratic Republic of Congo, a major global producer of copper and cobalt, as it seeks to diversify and strengthen its access to critical raw materials. The EU plans to initiate discussions with other African countries.[vi] But the abundance in critical minerals has proven to be a double-edged sword, as on the one end, these resources are aiding in reaching net zero and reducing GHG emissions, on the other end, there have been issues of exploitation and disregard for sustainability practices in its mining and its exploitation of the host country and citizens.

One of the biggest issues for many African countries is that normally, once a particular ore is mined, it is sent to another country for processing or refining. For example, the DRC accounts for 73% of global cobalt extraction, but 80% of its cobalt is shipped to China, via the South African port of Durban or Mozambican ports. China accounts for 76% of global refined cobalt production and is benefiting more from the DRC’s cobalt riches than the country itself.[vii] Similarly, Guinea sits on top some of the largest known deposits of bauxite ore on Earth, but 80% of its bauxite is exported to China. The country’s only aluminum oxide refinery is capable of refining less than 3% of its annual bauxite production.

The mining of critical minerals can have significant effects on the environment. Researchers from the University of Leuven in Belgium and the University of Lubumbashi in the DRC found that the mining of cobalt in the DRC had a significant and negative impact on the environment. They found that the dust released during the extraction process damaged the plants and soil in the area.[viii] People in the contaminated area produced food from contaminated soil, used water filled with toxic mining waste, and suffered from diseases such as cancer, ulcers, and other gastric complications. Analysis of blood and urine samples from 72 residents of the Kasulo mining district revealed that children living there had ten times more cobalt in their urine than others.

?In Ghana, there has been an increase in cases of kidney diseases, and according to Dr. Amoako Atta (head of the renal unit of the Komfo Anokye Teaching Hospital), the use of mercury by illegal miners is a contributing factor.[ix] The same predicament can be found in all other parts of Africa. Hence, looking at the dangers of mining to the environment and the people affected, the need for sustainable practices has been on the rise. This can be evidenced by countries introducing policies to tackle same. In 2017, drastic and sudden changes affected the mining sector in mainland Tanzania. The Parliament of Tanzania, in a bid to protect the country’s natural resources and the employment opportunities for its citizens, passed a series of legislations in July 2017; these legislations' objectives were aimed at restrictions on the export of raw resources for beneficiation outside Tanzania, giving the National Assembly the power to review all arrangements or agreements made by the government.[x] In DR Congo, President Félix Tshisekedi’s government has been scrutinizing Chinese miners’ compliance with mining regulations in a bid to mobilize revenues and dismantle the influence of his predecessor, Joseph Kabila.

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POLICY, LEGAL AND REGULATORY CONSIDERATIONS FOR PROMOTING SUSTAINABLE MINING OF CRITICAL MINERALS

Critical minerals are indispensable for Africa's transition to a clean energy economy in the 21st century, necessitating a revamp of outdated mining regulations. These modifications must align with scientific principles, prioritizing the environment and citizens health; while promoting responsible resource extraction. It is imperative to adapt mining laws to Africa's context for sustainable development.

·???????? REVISE MINING REGULATION: When it comes to regulations guiding mining activities, there is no lack of regulations; the issue with these regulations is that they are outdated and are mostly irrelevant and at odds with the contemporary landscape.[xi] Hence, mining regulations should be amended or revised to align with present-day environmental and ethical norms, by incorporating clauses infuse sustainability, accountable extraction, and the welfare of communities. Policymakers should champion the need for reform in mining laws to encourage climate friendly mining methods.

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·???????? LOCAL PROCESSING REQUIREMENTS: To promote growth and create opportunities within a country endowed with critical minerals, it is crucial to implement policies that encourage the processing of mined ores locally. One approach is to establish quotas or provide incentives for mining companies to set up facilities for the processing of minerals. Additionally, supporting the modernization of mining laws and regulations will further facilitate the transition towards an efficient energy economy.

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·???????? COMMUNITY ENGAGEMENT AND BENEFIT SHARING: Countries and policymakers should implement regulations that require mining companies to involve communities at every stage of the mining process; which can be achieved through the execution and implementation of community benefit agreements. Create systems that ensure equal distribution of benefits, such as employment opportunities, infrastructure development, and community initiatives. Acknowledge the responsibility of policymakers and regulators in addressing social impacts by establishing guidelines and conducting thorough assessments.[xii]

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·???????? HEALTH AND SAFETY STANDARDS: Implement health and safety regulations to safeguard workers and communities against risks linked to mining operations. Consistently oversee and enforce adherence to these regulations. Emphasize the crucial role of policymakers and regulators in ensuring compliance with health and safety standards.[xiii]

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·???????? INNOVATION AND TECHNOLOGY ADAPTATION: Countries should promote the implementation of eco-technologies. Encourage the adoption of best practices in mining operations to minimize their environmental impact. It is crucial to invest in research and development to explore solutions that can effectively reduce the effects on the environment. Additionally, countries should also advocate for the utilization of technologies, in line with higher ESG standards[xiv]

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·???????? PERIODIC REVIEW AND ADAPTATION: Establish a framework for periodic review and adaptation of mining regulations to keep pace with evolving sustainability standards. Strengthen the collection and reporting of granular and standardized data to enable benchmarking and progress tracking across the industry and throughout the supply chain.[xv] Ensure that legal frameworks remain effective and responsive to emerging challenges in the mining sector, while advocating for a continuous commitment to ESG standards through periodic reviews.

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·???????? INTERNATIONAL COLLABORATIONS: Countries should engage in international partnerships and agreements to share best practices and technologies for sustainable mining. Collaborate with foreign entities for responsible extraction, processing, and utilization of critical minerals. Strengthen the role of policymakers and regulators in fostering international collaborations.

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CONCLUSION

?When it comes to addressing the challenges and opportunities associated with mining minerals in Africa and the world at large, it is essential to take a forward-thinking approach. With the increasing demand for these resources. It is crucial to prioritize sustainability, ethical practices, and the well-being of communities. The suggested legal and regulatory measures as highlighted, provide a foundation for responsible resource extraction. By tailoring mining laws to suit Africa's context, engaging in collaborations and regularly reviewing policies to align with evolving sustainability standards; African nations can effectively navigate the complexities of the mining industry, while moving towards a cleaner and more sustainable energy future. These considerations set the stage for an approach that safeguards both the environment and the prosperity of stakeholders involved in and affected by the critical minerals supply chain.

[i] Churchwell ,Tyl, ‘New policies are needed for critical minerals mining’ (2023) American Bar Association (3 January) https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2022-2023/january-february-2023/new-policies/ Accessed 8 February 2024

[ii] ‘Critical Minerals: The role of critical minerals in clean energy transitions’ (2023) IEA https://www.iea.org/topics/critical-minerals Accessed 8th February 2024

[iii] Strobel, Alisa, ‘Sub-Saharan Africa’s role in global supply chain of critical minerals for green energy transition’ (2023) S&P Global Market intelligence’ (08 june) https://www.spglobal.com/marketintelligence/en/mi/research-analysis/subsaharan-africa-role-in-global-supply-chain-critical-minerals.html? Accessed 8 February 2024

[iv] Ibid n4

[v] Chandler, Ben, ’Africa's critical minerals: Africa at the heart of a low-carbon future’ (2022) https://mo.ibrahim.foundation/sites/default/files/2022-11/minerals-resource-governance.pdf Accessed 8 February 2024

[vi] EU Plans Talks With African Nations to Boost Supplies of Critical Raw Materials, (2023) IISD (28 June) https://www.iisd.org/articles/policy-analysis/eu-talks-african-supplies-critical-raw-materials? Accessed 8 February 2024

[vii] ’Africa’s massive opportunity in critical minerals for the clean energy transition’ Intellinews https://www.intellinews.com/africa-s-massive-opportunity-in-critical-minerals-for-the-clean-energy-transition-302325/ Accessed 8 February 2024

[viii] Akeredolu, fikayo, ‘Critical Minerals in Africa: Environmental Concerns, Geopolitical Competition, and Economic Strategies’ (2023) Africa-China centre for policy advisory, (24 July) https://africachinacentre.org/critical-minerals-in-africa-environmental-concerns-geopolitical-competition-and-economic-strategies? Accessed 8 February 2024

[ix] Aboka Yaw Emmanuel, ’ Review of Environmental and Health Impacts of Mining in Ghana’ (2018) National library of Medicine (12 March) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6221437/ Accessed 8 February 2024

[x]? Burure Ngocho, ’ Mining in Tanzania: Effects of the mining legal framework overhaul (2020) DLA Paper (10 August) https://www.dlapiper.com/en/insights/publications/2020/08/africa-connected-issue-4/6tanzania-mining-legal-framework-overhaul Accessed 8 February 2024

[xi] ’ Bennet, Heinrich, Colleagues Introduce Legislation To Modernize Antiquated Mining Law’ (2022) https://www.bennet.senate.gov/public/index.cfm/2022/4/bennet-heinrich-colleagues-introduce-legislation-to-modernize-antiquated-mining-law Accessed 8 February 2024

[xii] Peltonen, lasse ’ Community Benefit Agreements in the Nordic mining context: Local opportunities for collaboration in Sodankyl?, Finland’ (2022) ScienceDirect (December) https://www.sciencedirect.com/science/article/pii/S0301420722004160 Accessed 8 February 2024

[xiii] ’ Health and Safety’ ICMM https://www.icmm.com/en-gb/our-principles/mining-principles/principle-5 Accessed 8 February 2024

[xiv] Sanchez, Felipe ‘Innovation in the Mining Industry: Technological Trends and a Case Study of the Challenges of Disruptive Innovation‘ (2020) Springer link (22 July) https://link.springer.com/article/10.1007/s42461-020-00262-1 Accessed 8 February 2024

[xv] ’ IEA RELEASES REPORT ON SUSTAINABLE AND CRITICAL MINERAL SUPPLY CHAINS’ (2023) SME (13 December) https://me.smenet.org/webContent.cfm?context=1&webarticleid=4555 Accessed 8 February 2024