Concord Times (Freetown)
Ibrahim Tarawallie
25 August 2008
Freetown — Civil society organizations have called for independence of a taskforce set up by government to identify gaps and limitations of existing mining contracts and agreements in its analyses of the views of civil society.
Campaign for just mining, association of journalists on mining and extractives and network movement for justice and development welcomed the review process but insisted that it should be credible and its outcome accepted by all parties.
According to a release from civil society, the presidential taskforce should ensure that they carry out their work with complete independence and without any political interference.
"The government should ensure that no new mining agreements or contracts are negotiated until the taskforce's review has been completed and published," a release said.
Civil society also requested that the presidential taskforce look at the holistic aspect of all contracts including community rights, environmental protection, and host community development in addition to the fiscal regime.
The statement added: "the government should ensure that all contracts are reviewed, for example on a special website or a section of the website of the ministry of mines. The contracts should be published as soon as possible, to enable interested individuals or organizations to submit comments before the taskforce's report is finalized or adopted. Confidentiality should not be used as an excuse not to publish the contracts and related information or direct concern to the general public in Sierra Leone." The group suggested that government should create enough time and allow for thorough analysis by extending the period available to the taskforce to enable it complete a thorough review of all mining contracts, if necessary by several months.
"Draw up and publish a revised timetable, which allows sufficient time to solicit and take into account a broad range of views. That the report of the Jenkins Johnston Commission of inquiry be used as an integral part of the report." The civil society group also called on donors and other financial institutions to highlight to government the political and economic importance of the review and the serious negative consequences of sacrificing standards of objectivity, transparency and thoroughness, in terms of public perceptions and the impact on the business environment.
If mining contracts were to be considered as good contracts the presidential taskforce should consider the following recommendations.
"Annual lease/rent should be inscribed in a schedule to companies as a matter of policy and that rent be charged per acre as oppose to the flat fee and should be subject to increase; that all fiscal regimes (income tax, surface rent, royalties, withholding tax) should not be static but should be adequately reviewed to meet the change in demand and value of all minerals/extractives; "Inspire confidence in the rule of law and promote fairness in the mining sector, provision should be made in the new legislation that government cannot enter into any agreement whose terms are contrary to the provisions of any of the national laws of Sierra Leone;" "There must be adequate and qualitative consultation between the state, local government, communities, civil society and companies before exploration or mineral resources is permitted; environmental protection should be treated seriously by making it a must for all mining companies to operate under strict environmental standards." The statement concluded that the stabilization and confidentiality clauses in mining contracts are abolished so that Sierra Leone would generate more revenue from mining and increase transparency in the mining sector.
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