ARTISANAL AND SMALL-SCALE MINING IN THE EAST REGION OF CAMEROON: AN OVERVIEW

Authors

  • Forjindam Denison Mundi Ph.D, Senior Lecturer, University of Douala, Faculty of Law and Political Science, Douala, Cameroon Author

Keywords:

Artisanal, mining, diamond, mineral resource

Abstract

Artisanal and small-scale mining (ASM) has been widespread throughout the world for over 2000 years, and today features heavily in the rural economy of many developing countries.i like Cameroon. The interests of the country and the community demand that all forms of mining, whether large, small or artisanal, should be subject to the same requirements in respect of licensing, safety, health and the environment. Since 2001, Cameroon has engaged a series of mining sector reforms aimed at attracting foreign investments as a way to maximize government revenue streams that will contribute to development and poverty reduction. Beside the promotion of industrial mining projects, artisanal mining has been an important activity for thousands of people in the East region of Cameroon for a very long time but has not resulted in significant improvement in the economic and social situation of those involved. ii In other words, the East region is rich in resources but under-developed, poor times and landlocked in certain districts.iii The methodology involves a single region study focused on the overview of artisanal mining and remarks of the ministry and support organisations, national laws and regulations relating to ‘ASM’ in the East region. This research work covers the latest developments in terms of the institutional and regulatory frameworks for ‘ASM’ in Cameroon. The research concludes with the identification of the current opportunities and challenges of ‘ASM’ as well as a way forward that research works on this area should work. Therefore this paper focuses specifically on an overview of artisanal and small-scale mining in the East region of Cameroon with much emphasis on the extraction of gold and diamond.

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References

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and Opportunities. IIED. London. 2003.

ii.Willy, C. F. Jaff, N.B., Artisanal Mining, A Challenges to the Kimberley Process: Case Study

of the Kadey Division, East Region of Cameroon.RELUFA, January, 2013.

iii. For example the districts of Kette, Kenzou. Batouri, Mbang, Ndelele, Nguelebok and Ouli.

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vi. The term “Artisanal Mining’’ is widely used as a label for labour-intensive activities without

mechanization. For details, see Aryee et al., 2003; and Hentschel, T, Hruschka F and Priester

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vii. State sovereignty in terms of international is supreme internally and independent externally.

The Cameroon State under international law has exclusive jurisdiction over all persons and

matters on its territory with only a few exceptional cases permitted by international law.

viii. Forjindam D. M., Oil and Gas Law In Cameroon Theory and Practice (Unmasking The

Mystery).Editions Fénix. Macacos, Douala, (2020), at 28.

ix. Willy, C. F. Jaff N.B., Op. cit. at.17.

x.Mbendi 2008 Cameroon: Overview of Mining in Cameroon. Available at:

http://www.mbendi.co.za/indy/ming/,af/cmr/p0005.htm (Retrieved 18 May, 2021).

xi. Tieguhong, J.C, Verina I and Jolien S., Op. cit. at 11.

xii. The ”Cadre d’Appui et de Promotion Miniere de l’Artisanat Miniere (CAPAM)’’ Support

Framework and Promotion of Artisanal Mining. This structure was created in 2003 and today

SONAMINES.

xiii. Decree No 2020/749 of 14 December, 2020 to set up the National Mining Corporation.

xiv.Cameroon’s booming…https://www.africanews.com/2016/05/01/cameroon-s-boomingsmall-scale-gold-miners/ (Retrieved 24 April, 2021).

xv. Section 4, Cameroon Mining Code, 2016.

xvi. “East Region (Cameroon) –Wikipedia” Available at:

https://en.m.wikipedia.org/wiki/East_Region_(Cameroon) (Retrieved 6 May 2021).

xvii. Ferrallitisation is a process in which rock is changed into a soil consisting of clay

(kaolinite) and sesquioxides, in the form of hydrated oxides of iron and aluminium.

xviii. Granite is a coarse-grained (phaneritic) intrusive igneous rock composed mostly of

quartz, alkali feldspar, and plagioclase.

xix. Ibid.

xx. Section 15 (1), Cameroon Mining Code, 2016.

xxi. Section 15 (5), Cameroon Mining Code, 2016.

xxii. Section 4, Cameroon Mining Code, 2016.

xxiii. The government body in charge of administration of mining law is the Minister In Charge

of Mines, Industries, and Technological Development. (Presently Gabriel DODO Ndoke).

xxiv. Section 36, Cameroon Mining Code, 2016.

xxv. Section 50 (1), Cameroon Mining Code, 2016.

xxvi. Section 50 (2), Cameroon Mining Code, 2016.

xxvii. It should be noted that the terms and conditions for granting and renewing small-scale

mining permits shall be laid down by regulation.

xxviii. Section 52 (1), Cameroon Mining Code, 2016.

xxix. Section 52 (2), Cameroon Mining Code, 2016.

xxx. Section 52 (3), Cameroon Mining Code, 2016.

xxxi. Section 52 (4), Cameroon Mining Code, 2016.

xxxii. Section 53 (2), Cameroon Mining Code, 2016.

xxxiii. Section 54 (1), Cameroon Mining Code, 2016.

xxxiv. Section 25 (1), Cameroon Mining Code, 2016.

xxxv. See Kevin, N.F., The Impacts of artisanal gold mining on Local livelihoods and the

Environment in the Forested areas of Cameroon. Working Paper 150. Bogor, Indonesia:

CIFOR. 2014, at 18.

xxxvi. Section 44 (1), Cameroon Mining Code, 2016.

xxxvii. Section 44 (2), Cameroon Mining Code, 2016.

xxxviii. For details on the provisions contained in the standard format, read section 44 (3),

Cameroon Mining Code, 2016 and section 44 (4) which emphasis that apart from the provisions

contained in the standard format referred to in section 44 (3), other provisions may be negotiated by mutual agreement between the parties, in accordance with the laws and

regulations in force.

xxxix. Section 44 (5), Cameroon Mining Code, 2016.

xl. Section 45 (1), Cameroon Mining Code, 2016.

xli. Section 45 (2), and (3), Cameroon Mining Code, 2016.

xlii.Section 4, Cameroon Mining Code, 2016.

xliii. Section 46 (3), Cameroon Mining Code, 2016.

xliv. Section 47, Cameroon Mining Code, 2016.

xlv. Section 48, Cameroon Mining Code, 2016.

xlvi. Section 49, Cameroon Mining Code, 2016.

xlvii. Kevin, N.F., Op. cit. at 14.

xlviii. Ibid.

xlix. Willy, C. F. Jaff N.B., Op. cit. at 22.

l. Section 101, Cameroon Mining Code, 2016.

li. He who found the mineral rich zone.

lii. Willy, C. F. and Jaff. N. B., ibid, at 23.

liii. Ibid. at 30.

liv. Ibid.

lv. Ibid.

lvi. Kevin, N.F., Op. cit. at 20.

lvii. Ibid.

lviii. Ibid.

lix. Willy, C. F. Jaff N.B., Op. cit. at 17.

lx. “Ministry – MINMIDT” Available at: https://www.minmidt/cm/ministry (Retrieved 27

April, 2021).

lxi. Translated in French as ‘‘Ministre des Mines, De L’industrie et du Développement

Technologique (MINMIDT)’.

lxii. Republique du Cameroun, 2012, p. 4, 13, 25, Ministry of Mines, Industries, and

Technological Development, 20130.

lxiii. Decree No 2020/749 of 14 December, 2020 to set up the National Mining Corporation.

lxiv. A Draft Decree that transforms CAPAM into a center for Support and Promotion of

Mining Activities has been validated by the minister in charge of Mines, the Prime Minister

Head of Government and it is at the high sanction of the Head of State.negotiated by mutual agreement between the parties, in accordance with the laws and

regulations in force.

xxxix. Section 44 (5), Cameroon Mining Code, 2016.

xl. Section 45 (1), Cameroon Mining Code, 2016.

xli. Section 45 (2), and (3), Cameroon Mining Code, 2016.

xlii.Section 4, Cameroon Mining Code, 2016.

xliii. Section 46 (3), Cameroon Mining Code, 2016.

xliv. Section 47, Cameroon Mining Code, 2016.

xlv. Section 48, Cameroon Mining Code, 2016.

xlvi. Section 49, Cameroon Mining Code, 2016.

xlvii. Kevin, N.F., Op. cit. at 14.

xlviii. Ibid.

xlix. Willy, C. F. Jaff N.B., Op. cit. at 22.

l. Section 101, Cameroon Mining Code, 2016.

li. He who found the mineral rich zone.

lii. Willy, C. F. and Jaff. N. B., ibid, at 23.

liii. Ibid. at 30.

liv. Ibid.

lv. Ibid.

lvi. Kevin, N.F., Op. cit. at 20.

lvii. Ibid.

lviii. Ibid.

lix. Willy, C. F. Jaff N.B., Op. cit. at 17.

lx. “Ministry – MINMIDT” Available at: https://www.minmidt/cm/ministry (Retrieved 27

April, 2021).

lxi. Translated in French as ‘‘Ministre des Mines, De L’industrie et du Développement

Technologique (MINMIDT)’.

lxii. Republique du Cameroun, 2012, p. 4, 13, 25, Ministry of Mines, Industries, and

Technological Development, 20130.

lxiii. Decree No 2020/749 of 14 December, 2020 to set up the National Mining Corporation.

lxiv. A Draft Decree that transforms CAPAM into a center for Support and Promotion of

Mining Activities has been validated by the minister in charge of Mines, the Prime Minister

Head of Government and it is at the high sanction of the Head of State.

negotiated by mutual agreement between the parties, in accordance with the laws and

regulations in force.

xxxix. Section 44 (5), Cameroon Mining Code, 2016.

xl. Section 45 (1), Cameroon Mining Code, 2016.

xli. Section 45 (2), and (3), Cameroon Mining Code, 2016.

xlii.Section 4, Cameroon Mining Code, 2016.

xliii. Section 46 (3), Cameroon Mining Code, 2016.

xliv. Section 47, Cameroon Mining Code, 2016.

xlv. Section 48, Cameroon Mining Code, 2016.

xlvi. Section 49, Cameroon Mining Code, 2016.

xlvii. Kevin, N.F., Op. cit. at 14.

xlviii. Ibid.

xlix. Willy, C. F. Jaff N.B., Op. cit. at 22.

l. Section 101, Cameroon Mining Code, 2016.

li. He who found the mineral rich zone.

lii. Willy, C. F. and Jaff. N. B., ibid, at 23.

liii. Ibid. at 30.

liv. Ibid.

lv. Ibid.

lvi. Kevin, N.F., Op. cit. at 20.

lvii. Ibid.

lviii. Ibid.

lix. Willy, C. F. Jaff N.B., Op. cit. at 17.

lx. “Ministry – MINMIDT” Available at: https://www.minmidt/cm/ministry (Retrieved 27

April, 2021).

lxi. Translated in French as ‘‘Ministre des Mines, De L’industrie et du Développement

Technologique (MINMIDT)’.

lxii. Republique du Cameroun, 2012, p. 4, 13, 25, Ministry of Mines, Industries, and

Technological Development, 20130.

lxiii. Decree No 2020/749 of 14 December, 2020 to set up the National Mining Corporation.

lxiv. A Draft Decree that transforms CAPAM into a center for Support and Promotion of

Mining Activities has been validated by the minister in charge of Mines, the Prime Minister

Head of Government and it is at the high sanction of the Head of State.

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Published

09-09-2021

How to Cite

ARTISANAL AND SMALL-SCALE MINING IN THE EAST REGION OF CAMEROON: AN OVERVIEW. (2021). Commonwealth Law Review Journal, 7, 321-348. https://journal.thelawbrigade.com/clrj/article/view/459

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