SIMPLIFIED VERSION OF THE MINES AND MINERALS ACT 2009

1. General principles
1.1 Acquisition of mineral rights
(A) Ownership of minerals (§2)
All rights of ownership and control of minerals - diamond, gold, bauxite et al- under or on top of any land in Sierra Leone belongs to the State notwithstanding any rights or ownership that any person may have in or to the soil on, in or under which minerals are found or situated.
? Rights of ownership or otherwise on the soil or sub-soil are different from the right to explore or mine minerals in the soil or sub-soil.
(B) Licences to carry out mining operations (§22)
Mining operations of any kind can only be carried out following delivery of one of the following licences:
(1) a reconnaissance licence
(2) an exploration licence
(3) an artisanal mining licence
(4) a small-scale mining licence
(5) a large-scale mining licence
(C) Eligibility (§26)
Subject to additional eligibility conditions, no mineral can be granted to:
(1) an individual who is not at least 18-year old and is not a citizen of Sierra Leone or has not been ordinarily resident in Sierra Leone for 10 years immediately preceding the application;
(2) a co-operative society which is not registered in Sierra Leone; or
(3) a company which is not registered in Sierra Leone.
(4) A person who has been convicted for any crimes that involves fraud and dishonesty Read more

FOCUS ON MINING COMPANIES SERIES 2: DANCING WITH THE CHAMELEON - MINING COMMUNITIES IN SIERRA LEONE AND THE MANY FACES OF FRANK TIMIS.

As a former impoverished refugee from Romania who has now become a multi-millionaire from mining in poor countries, Timis makes large claims of corporate responsibility to his mining communities. This bold claim, for example, is made on Timis' website, accessed in June 2010:
"Take African Minerals, where Frank is Executive Chairman, as an example. Here the company invests heavily not just in its employees in Sierra Leone but in their families and the communities in which they live. Employees undergo best practice training in addition to health and education programmes. The company also pays agricultural compensation wherever its activities impact on the local communities' farming activities.

"African Minerals has supported the following local community initiatives:
The construction of a primary school in the Kono District, the construction of a school and church in the Bombali District, the construction of a large market facility in Nimiyama Chiefdom, opened in 2006 by the country's Vice President , the construction of a youth centre at Tefeya and the construction and maintenance of roads and bridges servicing local communities. Read more

ONE DAY I WILL DO SOMETHING ELSE: REALIZING THE POTENTIAL OF SIERRA LEONEAN YOUTH

Sierra Leone is a mineral rich country containing one of the most valuable deposits of diamonds in the world, but is third from last on the UN Human Development Index2. After independence was declared in 1961, steep economic decline resulted in high levels of unemployment. An increase of of centralized power in Freetown and strong traditional authorities in the provinces led to growing levels of poverty and ongoing exclusion in decision-making structures. The young people who make up a large proportion of the population felt especially isolated and marginalized.

This marginalization of youth, coupled with poverty, was a key driver in Sierra Leone’s eleven-year civil war. From 1991 to 2002, an estimated 70 000 people lost their life and almost half the population (2.6 million) was internally displaced. As many observers have noted, the war was particularly brutal and was characterized by
atrocities and the complete destruction of villages, particularly in the Eastern part of the country3. The Eastern Provinces are home to the majority of the diamond deposits in the country and became a key battleground in the 11 year conflict. Read more

SIERRA LEONE NATIONAL PROFILE ON SMUGGLING AND ENFORCEMENT OF THE KIMBERLEY PROCESS

Political Context & Governmental Framework
The key issues in Sierra Leone, one of the countries that inspired the KPCS, revolve around internal controls. Though the country has made significant progress in peace consolidation and infrastructural development - including holding several nationwide elections and extending the writ of the state to all parts of the country - since its diamond-funded war ended in 2002, important problems remain. As the former Minister for Mineral Resources in Sierra Leone, Mohamed Swaray-Deen, noted, 'Without doubt,' he said, '[the key] problems are illegal mining and smuggling, but especially smuggling.' And illegal mining and smuggling, as the minister well knew, have been the key problems in the industry since the commercial exploitation of diamonds started in Sierra Leone in the 1930s. Importantly, government revenue from the increased diamond production remains minimal. Diamond exporters pay an export tax of 3% of the value of the goods. In addition, there is income tax, which is calculated for companies at 30% of their income after other applicable deductions. But where the holder of a mining lease has yet to make a profit, or where the chargeable income is below 7% of the investment, the company pays a flat 3.5% rate of income tax. There are also the license fees paid for mining (minimal), dealing (also fairly insignificant) and exporting (at US$ 500,000 annually, this is a significant sum). Read more

For some years now Sierra Leone has remained at the bottom of the 179 countries covered by the UN Human Development Report. More than 70% of its population about 6 million are living in poverty. Thirty-eight percent of the children under five years suffered from stunting and 25% are underweight. Ninety-five percent and 68% of the population do not have access to sanitation facilities and clean drinking water respectively. Women giving birth in Sierra Leone are among the most threatened in the world. In 2006 as many as 1,800 per 100,000 pregnant women were likely to die when giving birth and of the children that were born, 270 per every 1000 die without celebrating their fifth birthday. The consequences of these weak structures of governance have been aptly described by the President of Sierra Leone: "no economic transformation is possible without a transparent, accountable and an effective public sector dedicated to providing supportive policies and actions." 1.2 Focus, Methodology and Outline of the Study
This study investigates the ability and extent to which District Budget Oversight Committees, District Procurement Units and Local Councils serve as platforms for institutionalising accountability, transparency and equity in the functioning of government. Read more

FOCUS ON MINING COMPANIES SERIES 1: DIAMONDS, BLOOD AND TEARS-THE RELATIONSHIP BETWEEN KHL AND APOA

Koidu Holdings Liminited, a South Africa mining company, was granted rights to mine kimberlite diamonds worth about USD 1.5 billion for 25 years just after Sierra Leone's war ended. The company's operations since 2003 have led to the displacement of hundreds of residents, as well as repeated violence in one of which two people were shot to death by security employed at KHL's mine. Ten others were seriously wounded.

The government was forced to suspend KHL's opeations, setting up the Jenkins-Johnston Commission of Inquiry to look into the disturbances that led to the killings. The commission produced a damning report on KHL's operations and its relationship with the affected property owners, making a number of recommendations, most of which the government endorsed in a white paper published in March 2008. Read more

THE STOLEN HAPINESS: CIVIL SOCIETY APPRAISAL REPORT ON HIPPC-FUNDED PROJECTS IN SIERRA LEONE

Civil society has much to contribute to the post-war recovery and enhanced development and democracy in Sierra Leone. Already, civil society have indeed played a critical role in delivering public goods and services and in promoting democratic processes through enhanced public participation and consultations, transparency and public accountability.

Needless to say that inspite of these efforts, there is not much to sing home about, especially regarding rooting democratic practices and ensuring public accountability as an institutionalized process; there is great demand for CSOs to do more and to maximize their roles and functions as partners in development and governance. For this to happen,
however, both CSOs and government as well as private sector need to put in place policies, procedures, practices and institutional arrangements that will enable CSOs to play a greater role and improved engagement as an actor and a partner in development and governance. Read more

TO MINE OR NOT TO MINE

This report is the outcome of the first monitoring exercise of selected mining sites in Kono district, eastern Sierra Leone, jointly undertaken by officials of the Ministry of Mineral Resources, civil society (Campaign for Just Mining and the National Advocacy Coalition on
Extractives) and Members of Parliament on 10-13 August 2006. The report is thoughtfully and deliberately titled: TO MINE OR NOT TO MINE? in order to open up and encourage a more inclusive public debate on issues around the mining industry in Sierra Leone.

Civil society is of the view that the nation’s rich natural and marine esources can make a huge contribution to poverty reduction and accelerated economic growth if they are responsibly exploited and properly managed.This position is premised on the recognition that mineral resources are part of the stock of natural capital that Sierra Leone has been richly endowed with, which, if exploited under appropriate conditions, can spur the development of the country. Read more

PRECIOUS STONES VERSUS
PRECIOUS LIFE

The people of Sierra Leone know better than most about the diamond mining industry. While it can bring unimaginable wealth to some, it can also inflict punishing hardship on the local people who live on, or near active mining operations.

Nowhere is this more evident than in Kono district, eastern Sierra Leone.
From 11-13 August 2006, Parliamentarians and civil society members embarked on a fact finding mission in Koidu town and the surrounding communities.
Through more than one public hearing, people
spoke openly as to how they are being affected and more importantly, treated on a day-to-day basis. Read more

LONDON HOSTS CONSULTATIVE GROUP ON SIERRA LEONE

The long-awaited, and much-talked about,
Consultative Group meeting on Sierra Leone was finally held in London on 29-30
November 2006 after a couple of frustrating postponements. The government of Sierra
Leone went to the meeting with a high profile delegation led by no less a person than President Ahmad Tejan Kabbah himself and his vice, Mr Solomon Berewa. This explains the importance the government and people of Sierra Leone attached to this event. The
government needed US$1.7 billion equivalent of the country’s current external debt) to effectively implement the Poverty Reduction Strategy Paper (PRSP), which received overwhelming
endorsement from the international
community including financial institutions,
for the period 2006-2007 Read more

DEBT CAMPAIGNERS MAKE THE LONG WALK TO JUSTICE

Never in the struggle for the eradication of the scourge of poverty and injustices, has the world become so united and steadfast in making poverty history. The MAKEPOVERTYHISTORY campaign organized by the Global Call to Action Against Poverty (GCAP) is the largest and most successful civil society mobilization against global poverty in history. People from all over the globe came in their numbers to the
United Kingdom, particularly Scotland, to urge leaders of the world’s richest countries to take collective responsibility for eliminating the suffering of millions across Africa, particularly women and children. This unprecedented global
solidarity with Africa was seen by many
across the world as a source of hope to a continent so rich, and yet so poor..Read more