558. The High Peace Consolidation Authority conducted a Study on Conflicts in the mining sector in
Niger. The study which was carried out in the regions of Tillabéry and Agadez focused on industrial
mines, quarries of building materials and on small-scale mining.
Furthermore, the sensitization missions were undertaken by Regional Directorates of Mines of Agadez
and Tillabéry.
Adopt strategies for combating desertification for the preservation of the environment and the
restoration of degraded environments.
559. Concerning the obligation to reconstitute the environment for purposes of mineral exploitation, the
mining agreement reveals that sites must be rehabilitated gradually and at the end of mining
operations. This rehabilitation means ensuring safety of the degraded mining areas and their
topographic development adapted to local climatic conditions in order to limit as much as possible the
effects of potential natural degradations. Furthermore, it must be noted that Article. 75 of the mining
code provides that the holder of an open permission and permanent quarry operation may give it up at
any moment subject to a one month notification. However, the holder of the permission shall be
responsible for the payment of fees and taxes due up to the time of renunciation and the obligations
incumbent on him regarding the environment and rehabilitation of the mined sites even after the
renunciation must have taken effect.
Strengthen the legislative, regulatory and existing measures on protection of the surrounding
communities from the effects of uranium exploitation.
560. With regard to the uranium ore and its chemical processing with toxic products such as Sulphur, the
effect is poor quality of air through emissions of sulphur dioxide which is harmful to the environment
and to human health. However, Article 31 of the framework law No. 98-56 of 29 December 1998
relating to environmental management is quite explicit on this subject matter: Development activities,
projects and programmes, which as a result of their huge sizes or their impact on the natural and
human environments that can bring injury to the latter are subject to prior authorization of the
Ministry of Environment. This authorization shall be granted on the basis of an assessment of the
effects of the activities, project and programme updated by an environmental impact assessment
carried out by the promoter and certified by the Ministry of the Environment”.
561. The chemical products are part of the harmful products which, depending on the risks they pose,
are divided into 12 classes in accordance with Article 3 of Decree No. 70-98 MTP/T/MU of 27 March
1970 relating to land transportation and handling of hazardous or foul materials. In accordance with
Article 5 of the above-mentioned Decree, the transportation of the materials stated in Article 3 is
subject to prior authorization provided for in other regulations particularly the Transport and Roads
Code. In line with the provisions of Article 29 of Decree No. 2006-265/PRN/MME of 18 August 2006
determining the modalities for the implementation of the mining law, before any company obtains
mining permission, it must carry out an environmental and social impact assessment. The study will
take into account chemical products which will be used in processing of minerals by highlighting the
impacts and the mitigating measures inherent in the use of these products.
562. However, the Environment Code particularly in Article 70 states that: “ the harmful and hazardous
chemical substances, which for purposes of the toxicity, radioactivity and concentration in the
biological chains, pose or are likely to pose a danger to man, fauna and flora, the environment in
general, when they are produced, imported into the national territory or transported into the
environment, are subject to the control and surveillance of competent technical agencies in
collaboration with the Ministry of the Environment”.
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