Investor Confidence Wanes
By The Patriot
In the picturesque landscapes of Sierra Leone, the Kasafoni land has recently become a crucible of conflict, raising questions about the nation’s approach to mining, land rights, and investor confidence. Encumbered or conflicting lands, like those in Kasafoni, are characterized by competing claims and legal uncertainties that can significantly undermine lucrative investment opportunities. The current situation offers a stark reminder of how legal disputes over land ownership, use rights, and regulatory conflicts can deter potential investors, who seek stability and clear titles before committing their resources.
Investors in the mining sector are always wary of areas with encumbered land. These situations create substantial risks, with financial loss looming heavily due to possible legal challenges that can lead to protracted delays and increased operational costs. As many investors may choose to avoid such regions altogether, they often seek alternative sites where titles are unencumbered and complications are minimal. The consequences are dire: resource-rich areas remain untapped, local communities suffer from lack of development, and the country misses out on potential economic growth.
over the weekend, Sierra Leone’s Minister of Finance, Sheku Ahmed Fantamahdi Bangura, led a government delegation into the two districts and three chiefdoms hosting the disputed Kasafoni land to sign lease agreements. However, the land remains encumbered. A senior mines expert, who spoke under the condition of anonymity, revealed that once disputes emerge surrounding a mining area, it becomes a contentious battleground that drives away serious investors. “What I will tell you is that all that happened over the weekend by the Minister of Finance and the Sierra Leone Mines and Minerals Development and Management Corporation (SLMMDMC) has further complicated the issue,” remarked the expert.
The minister’s visit sparked protests from landowning families and local youths in Diang Chiefdom, Kabala, Koinadugu district, revealing deep-rooted discontent over the government’s maneuvers. Accompanied by a heavy security presence, including masked military personnel, the minister’s actions were perceived by many as intimidation tactics aimed at silencing dissenting voices against the signing of the lease agreement.
Adding to the turmoil, community members expressed frustration over existing agreements with the Gento Group of Companies, a company they claim has already delivered benefits to them. This backdrop of resistance forced the government delegation to venture into Sambaia Chiefdom, accompanied by a show of police and military strength, raising concerns about coercion in negotiations.
Furthermore, the Chief Minister, David Sengeh, had previously written to Members of Parliament requesting a pause on petitions regarding the land, promising to seek amicable solutions to the ongoing disputes. Yet, in an apparent contradiction, just as the Chief Minister was out of the country, the Finance Minister undertook a significant government delegation to Kasafoni. This action has led many to label the maneuver as desperate, raising eyebrows over the government’s genuine commitment to upholding community rights.
Amidst the chaos, the fundamental question remains: Will the Kasafoni land become another long-running subject of both local and international litigation? The answer lies entwined within the nation’s commitments to international human rights instruments, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognize the right to property. The United Nations Declaration on the Rights of Indigenous Peoples further emphasizes the necessity for free, prior, and informed consent from indigenous communities before any mining activities commence.
International frameworks provide specific protocols for ensuring that local communities are consulted and engaged in decisions that affect their lands. For instance, the International Labour Organization (ILO) Convention 169 requires legitimate consultation and participation of indigenous peoples in matters affecting their lands and resources. Additionally, many countries mandate Environmental Impact Assessments (EIAs) to evaluate potential environmental impacts, guiding decisions on encumbered lands.
Lessons can be drawn from the experiences of other nations in Africa. Angola’s Mining Code necessitates that mineral rights holders obtain consent from landowners, ensuring state participation in mineral production. Similarly, Ghana’s Minerals and Mining Act provides a structured framework for operations that includes land acquisition and environmental protection provisions. Both countries highlight the importance of legally securing land rights before embarking on mining ventures, a point that seems to contrast sharply with the actions taken by Sierra Leone’s Finance Minister.
The backdrop of the Kasafoni land dispute raises an undeniable truth: investing in areas with encumbered or conflicting lands spells significant risks. Legal and operational uncertainties abound, and while international law seeks to facilitate recognition of property rights and provide resolution frameworks, the real-world application of these laws can vary widely, particularly in regions rich in natural resources, but plagued by governance issues.
A relevant case for reflection is the Marikana incident in South Africa, where land disputes and labor rights clashes led to tragic consequences and highlighted the socioeconomic implications of mismanaged land. Going forward, clarity, transparency, and a commitment to ethical engagement must be prioritized. Reducing conflicts and securing investments in the resources sector hinges on actively involving local communities in dialogue and decision-making processes, while adhering to their rights. Fostering trust between the government, investors, and residents is essential for unlocking the potential of rich mineral resources without sacrificing the stability and well-being of those who call these lands home. The future of Kasafoni, and indeed the broader Sierra Leonean mining industry, will depend heavily on how these tensions are navigated and ultimately resolved.
