The Simandou project, already criticized for its impact on local communities and environmental and social violations, is now facing a wave of protests from several affected communities. Multiple communities from the prefectures of Forécariah, Kérouané, Mamou, and Kindia have filed an administrative appeal with the Supreme Court of Guinea to contest the renewal of Environmental Compliance Certificates (ECCs) granted to the mining company Winning Consortium Simandou (WCS) due to inadequacies in environmental studies and environmental and social oversight, as well as the lack of dissemination of key information. This action aims to challenge, demand the revision or annulment of permits deemed illegal, and denounce the numerous environmental and social violations associated with the project.
Project Overview
Nestled in the forested mountains of Guinea in West Africa lies what is reportedly the world’s biggest untapped high-grade iron ore deposit. One of the continent’s most ambitious combined mining and infrastructure projects, the Simandou project covers a total area of 1,500 square kilometers where ore will be extracted, processed and then transported 650 kilometers along a rail line cutting through the country’s endangered species habitats, agricultural lands and protected areas before being exported from a new deepwater port located in an area that is key to the local fisheries industry.
For several decades, this deposit has been coveted by major international mining companies. Today, the project is led by two consortiums: Simfer, composed of the Anglo- Australian mining giant Rio Tinto in partnership with Chalco, a Chinese aluminum producer, and Winning Consortium Simandou (Winning or WCS), which is composed of Hongqiao, China’s largest aluminum producer, in collaboration with Winning International Group, a Singapore-based entity. The Guinean government is also a member of each consortium. For operational reasons, the portion of the project belonging to WCS is already at a much more advanced stage of development than the Simfer portion, and it is WCS that has built the large railway line and port.
Environmental and Community Impacts
Despite WCS's promises to minimize negative impacts on the environment and local communities, the Simandou project has caused numerous problems for local populations. These issues include river pollution, soil erosion, the destruction of habitats for protected species such as chimpanzees, as well as cracks in homes caused by explosions. Moreover, many inhabitants have lost their livelihoods, such as their fields and fishing nets, without receiving adequate compensation. The destruction of mangroves for the construction of port facilities has further exacerbated the negative impacts on local populations.
Despite the communities efforts to resolve these issues through WCS’s internal grievance
management mechanism, they have so far received no satisfactory results.
According to Maître Foromo Frédéric LOUA, lawyer and Executive Director of the NGO "Les
Mêmes Droits pour Tous" :
The primary principle in administrative law is that every citizen, to guarantee their rights, must have recourse against decisions that infringe upon their rights. This appeal for the annulment of Environmental and Social Impact Assessments and Environmental Compliance Certificates is one of the substantial guarantees available to communities to defend their human rights, as the documents granted to Winning Consortium Simandou are tainted with internal and external procedural irregularities and deserve to be challenged.
The expected impacts of the project once mining begins are even more frightening, though they have not been sufficiently studied or detailed in the Environmental and Social Impact Assessments. The exploitation of the deposit will contribute to water insecurity for local communities and possibly millions of people in five arid countries of West Africa, due to the destruction of aquifers and the alteration and pollution of watercourses that feed the headwaters of the Niger River, which flows through these five states.
Mr. Mamadou Djoudja SOW, a community leader in Ouré Kaba, states:
Given the negative impacts of the project on our communities, we deemed it necessary, after several failed attempts and fruitless efforts, to refer the matter to the competent judicial authorities to demand respect for our environmental rights, access to information, and our consultation and consent on all works carried out by Winning Consortium Simandou in the development of the Simandou Mountain project.
Legal Arguments
The appeal is based on several legal arguments, including:
● Procedural defects: The renewal of the ECCs is marred by serious irregularities, such as the absence of implementation reports for Environmental and Social Management Plans (ESMPs) and the lack of independent inspections by the Guinean Environmental Agency (AGEE). Moreover, no public consultation has been conducted, depriving the communities of their right to Free, Prior, and Informed Consent (FPIC).
● Errors in law: The renewal of the ESIA constitutes a violation of several Guinean laws, including Decree 1595/A/20231/MED/CAB/SGG establishing the Administrative Procedure for Environmental Assessments (EE) in the Republic of Guinea, the Environmental Code, the Mining Code, mining concessions, and related regulatory texts, as well as several international commitments by the Republic of Guinea. Any failure to meet the commitments of the ESMP should result in the suspension or withdrawal of the ECC, which has not been the case. Moreover, the renewal of the ECCs is based on original permits tainted with illegalities, particularly due to the absence of a strategic environmental assessment.
Call for Justice
The Supreme Court is asked to annul the decrees renewing the ECCs granted to WCS for the railway, tunnels, port, and infrastructure related to the Simandou Blocks 1 and 2 mining concession awarded to WCS and to suspend all ongoing works. WCS is also requested to comply with Guinean laws, including the Mining Code, Environmental Code, Water Code, as
well as international standards such as the International Finance Corporation’s Performance
Standards.
In addition, it is demanded that the Minister of the Environment and the Director of AGEE restart the environmental and social impact studies for the Simandou project infrastructure, as well as disclose all management plans and detailed studies.
About ACA
Advocates for Community Alternatives (ACA) helps West African communities that are threatened by the destructive impacts of extractive projects to take control of their futures. ACA helps these communities to design their own sustainable development plans and bring them to life through advocacy, legal support, and technical expertise. ACA currently works in nine West African countries namely, Côte d’Ivoire, Ghana, Guinea, Liberia, Mali, Niger, Nigeria, Senegal, and Sierra Leone. Visit https://advocatesforalternatives.org/ for more.
MEDIA CONTACTS
Emyloia Kpadonou, Communications Officer, ACA
Phone: +233 50 037 5984
Yéréké Koulemou, Legal Officer, ACA
Phone: +224 628 50 83 97
Maître Foromo Frédéric LOUA, Lawyer at the Court and Executive Director of the NGO “Les
Mêmes Droits pour Tous" (MDT)
Phone: +224 622 33 46 19
Mamadou Djoudja SOW, Community Leader in Ouré Kaba
Phone: +224 627 78 74 01
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