Mining activities are particularly dangerous for the environment. What are the main laws that provide a framework for environmental protection in the mining sector in Burkina Faso? What are the structures in charge of applying these laws? Yomboé Juste Bationo, Environmental Inspector, answers these questions posed by Mines Actu Burkina in this first part of a three-part interview.
Mines Actu Burkina: What are the main laws that provide a framework for environmental protection in the mining sector in Burkina Faso?
Yomboé Juste Bationo: The Constitution of June 2nd 1991 is the fundamental law of Burkina Faso. In its preamble, it enshrines the environment as a collective heritage of the people and the need to protect it. In its article 29, the Constitution recognizes, for the people, “the right to a healthy environment…” as well as the duty for all citizens to promote, protect and defend the environment. The legislation has therefore developed texts that provide a framework for environmental protection in the mining sector. We can quote the Law n°006-2013/AN of April 02nd 2013 related to the environment code which sets the fundamental rules governing the environment in Burkina Faso as stipulated in its first article. Through its provisions, measures are taken to prevent and control the impact of human activities that may affect the environment. We have the Law n°036-2015/CNT of June 26th 2015 related to the mining code of Burkina Faso. Mining activities are particularly dangerous for the environment. That is why this law in its article 139 requires that activities be conducted in a way that ensures the preservation and sustainable management of the environment under conditions and terms established by the regulations in force. In its article 141, it refers to the obligation for any holder of a large or small mine exploitation permit, a semi-mechanized exploitation permit or an authorization for industrial exploitation of quarry substances to open and contribute to a trust account at the Central Bank of West African States (BCEAO) or in a commercial bank in Burkina Faso which will be used to establish a fund to cover the costs of the implementation of the program for the preservation and rehabilitation of the environment. Law n°003-2011/AN of April 5th 2011 related to the forestry code states that an activity such as mining is a source of potential impacts on flora and fauna. It is therefore necessary that it be subject to a regulation that sets the procedure to follow, if necessary. Article 1 of this law allows this procedure to be taken into account by setting out the fundamental principles of sustainable management and development of forest, wildlife and fisheries resources, and Article 2 allows to protect and to evaluate forest, wildlife and fisheries resources.
In recognition of the environmental impact of mining, regulatory texts have been adopted in application of legislative acts. These include Decree No. 2007-853/PRES/PM/MCE/MECV/MATD of December 26th 2007 on specific environmental regulations for mining activities in Burkina Faso, Decree No. 2015-1187/PRES/TRANS/ PM/ MERH/ MATD/ MME/ MS/ MARHASA/ MICA/ MHU/ MIDT of October 22nd 2015 on the conditions and procedures for conducting and evaluating the strategic environmental assessment, the study and the environmental and social impact statement.
What are the structures in charge of applying these laws?
Several structures are responsible for applying these laws, including the Ministry of the Economy, Finance and Forecasting, the Ministry of the Environment, Water and Sanitation, the Ministry of Energy, Mines and Quarries and the Ministry of Territorial Administration, Decentralization and Security.
Interview conducted by Elie KABORE
