For Immediate Release
Conakry, 12th November 2024 – Communities from the regions of Forécariah, Kérouané, Kindia, and Mamou, along with Advocates for Community Alternatives (ACA), express their surprise and disappointment at the rejection of their request for compulsory disclosure by the Tribunal of First Instance of Dixinn on November 4, 2024. This rejection, issued more than a year after the request was filed, has caused deep frustration among the communities affected by the Simandou mining project, led by Winning Consortium Simandou (WCS).
The request for compulsory disclosure, submitted on August 9, 2023, aimed to obtain essential documents to assess the environmental, social, and legal compliance of WCS and its partners. This legitimate effort, grounded in Guinean law, sought to defend the rights of local populations. However, the court's response, rendered more than a year later, rejected the request without allowing the parties to present their views, which constitutes a violation of the fundamental principle of access to information.
Unmet Expectations and Real Impacts
The concerned communities waited for over a year, hoping their request would be addressed with diligence and fairness. This delay, combined with the rejection of the request, has deepened their sense of abandonment in the face of the project’s tangible consequences, including:
The destruction of agricultural land and loss of livelihoods;
The pollution of soils and water bodies, with accompanying health impacts;
The nuisances caused by blasting - such as damages to homes - and intense truck traffic, which provokes severe respiratory illneses;
The degradation of local biodiversity and ecosystems.
A Decision We Challenge
While we respect the court's decision, we believe it does not fully reflect the urgency and seriousness of the situation on the ground. This rejection is a setback to our shared commitment to ensuring sustainable economic development that respects the environment and the rights of communities.
In response, the affected communities have appealed to the Court of Appeal in Conakry, reaffirming their fundamental right to access public information and demand transparency in the management of the social and environmental impacts of the Simandou project.
Our Demands
We call for:
Judicial authorities to ensure fair justice and to process appeals and requests with the required urgency. The delay of over a year in this matter is unacceptable and undermines citizens’ trust in judicial institutions.
A reform of procedures to reduce delays in processing requests and provide timely responses, particularly when urgent social and environmental issues are at stake.
Administrative authorities and the companies involved to demonstrate complete transparency about their activities and honor their commitments to the impacted communities.
Civil society and international partners to support efforts to promote social and environmental justice in Guinea.
We remain committed to helping communities in their legitimate quest for justice, access to information and protection of their rights.
CONTACT FOR MEDIA
Yéréké Koulemou ACA Legal Officer yereke@advocatesforalternatives.org
Maître Foromo Frederic LOUA Community lawyer fredericloua@gmail.com
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