Realization of rights of host community under Nigerian mineral and mining act 2007 to foster sustainable community development

Abstract

To achieve sustainable development in a host community (HC) where mining operations are active, Nigerian Mineral and Mining Act (NMMA) accorded  some rights to the people of the communities. These rights are not just basic rights to physical survival but include rights towards empowerment for  community development focusing on economic, political, social and environmental issues so as to maintain the community’s identity and existence as  unique people. Despite the fact that these rights are well established in NMMA, the realisation of which has proved difficult to achieve as mining activities  in the various communities have seriously deprived the people of their rights. Full realisation of the host community’s rights are lacking  because of some lapses and inconsistencies discovered in the provisions of the Act which greatly debarred the people from getting proper accountability  from the mining companies for illegal activities carried out on their territories. Lack of enforcement policies to protect the rights, weak/ dependent  regulatory bodies were also found to be responsible for these reckless activities that go on unchecked thereby culminating into various damages affecting the communities. In view of this therefore, this article thoroughly examined and analysed the provisions of NMMA on the rights of HC to  determine how adequate the Act is to actualise, enforce and protect the rights of HC towards a sustainable community. Relevant literature was consulted  from various journal and textbooks. Based on the facts collected, recommendations made include proper review and necessary amendments to be made  in the Act for actual implementation to protect and enforce HC’s rights towards sustainable community developments.