Liberia Bondi Mandingo Forest: Logging, Mining Licenses Spark Conflict

• The Bondi Mandingo Community Forest in Gbarpolu County faces conflict due to overlapping logging and mining licenses issued to Kisvan Timber Corporation and JM Mining Company.
• JM Mining Company was fined US$95,000 by the EPA in July 2024 for operating without an environmental permit and contaminating a local water source.
• The community did not consent to JM Mining's operations, highlighting a tension between state mineral ownership and recognized community forest rights.
• The Ministry of Mines and Energy justifies issuing exploration licenses in community forests, viewing exploration as compatible with logging, despite previously not recognizing community forestry.
• A draft minerals and mining law that would recognize community forestry and ancestral land ownership has been stalled for two years, leaving an outdated 2000 law in effect.

The ongoing conflict between logging and mining interests in the Bondi Mandingo Community Forest, coupled with the significant EPA fine against JM Mining for environmental contamination, underscores the urgent need for comprehensive regulatory reform in Liberia.

The Bondi Mandingo Community Forest in Liberia's Gbarpolu County is currently grappling with a complex situation involving overlapping resource extraction licenses, leading to significant community concern. In June, the community forest, located in the Bopolu District, entered into a logging agreement with Kisvan Timber Corporation, granting the company rights to exploit 37,222 hectares of timber. This agreement, however, marks the second such contract for the same area, raising questions about regulatory oversight.

Adding to the complexity, records from the Ministry of Mines and Energy indicate that an exploration license was issued to JM Mining Company nine months prior to the Kisvan Timber agreement. This license permits the mining firm to conduct exploration activities across 297 square kilometers, an area that directly overlaps with the Bondi Mandingo Community Forest. Local residents have voiced strong apprehension regarding the potential for conflict between the two companies, with Mark Dennis, the chief officer of the community forest, stating that the logs sought by Kisvan are the same ones being cut and buried by JM Mining. Stanford David, General Town Chief of the Bondi Clan, further noted that JM Mining's exploration has been ongoing for two years in the Kpo Mountain area, fueling fears of problems for the loggers.

JM Mining Company's operations have not been without controversy. The Environmental Protection Agency (EPA) levied a US$95,000 fine against the company in July 2024 for operating without the requisite environmental permit. The EPA's investigation revealed that JM Mining had contaminated a critical watercourse, which local communities rely on for safe drinking water. Despite holding an exploration license for the area, the Bondi Mandingo community asserts that it never provided consent for the company's activities within their mountainous forestland, with Dennis explaining that residents were simply informed the company had obtained a government license and that their input was not required until a formal agreement with the government was signed.

The situation in Gbarpolu County highlights a fundamental tension within Liberia's resource management policies, particularly concerning the rights of community forests versus state-issued mineral licenses. The Bondi Mandingo Community Forest holds official authorization from the Forestry Development Authority (FDA), signifying its recognized status. This community had previously engaged in a commercial logging contract in December 2018 with Indo Africa Plantations Liberia Incorporated, which was subsequently terminated due to the company's failure to meet its obligations and the abandonment of thousands of logs. In February, the Bondi Mandingo community formally communicated its concerns about the "provocative mining situation" to the Ministry of Mines and Energy, though it remains unclear if a response was received.

The Ministry of Mines and Energy has publicly defended its decision to issue exploration licenses within community forests. In a statement to The DayLight, the Ministry asserted that it views exploration as a "research license," thereby allowing it to coexist with logging activities in the same forest. This position, however, represents a shift from the Ministry's earlier stance in 2019 and again last year, when it explicitly stated that it does not recognize community forestry. The Ministry bases its licensing decisions on the constitutional principle that all mineral resources in Liberia are state-owned, with exceptions only for national parks, graveyards, and cities.

This legal framework creates a direct conflict with the recognized rights and interests of community forests like Bondi Mandingo, which are authorized to manage and benefit from their forest resources. The community's lack of consent for JM Mining's operations, despite the company's exploration license, underscores the gap between state-level mineral resource allocation and local land use rights. Kisvan Timber Corporation did not respond to inquiries regarding the overlapping licenses, while JM Mining stated that it could not obtain community consent because it possessed only an exploration license, not a full mining permit.

The current legal landscape governing mineral extraction in Liberia is defined by the Minerals and Mining Law of Liberia, enacted in 2000, which is the oldest such legislation in the Mano River region. This outdated framework contributes to the challenges observed in Gbarpolu County, as it predates and does not adequately address the complexities of community forest rights. A proposed draft minerals and mining law, which explicitly recognizes community forestry and ancestral land ownership, has been stalled for the past two years, despite ongoing efforts by civil society organizations to push for its adoption.

The distinction between an exploration license and a full mineral development agreement is crucial in this context. An exploration license, such as the one held by JM Mining, typically lasts for three years and can be extended for an additional two years. Following this exploratory phase, a company may then pursue a mineral development agreement, which would grant it the right to mine the area for a period of 25 years. This progression means that while JM Mining currently claims it cannot seek community consent due to its exploration status, a future move to full mining operations would necessitate a more direct engagement, potentially escalating the existing tensions.

The ongoing conflict between logging and mining interests in the Bondi Mandingo Community Forest, coupled with the significant EPA fine against JM Mining for environmental contamination, underscores the urgent need for comprehensive regulatory reform in Liberia. The current situation highlights the critical importance of robust due diligence for companies operating in resource-rich areas, ensuring all existing land use rights, including community forest agreements, are thoroughly understood and respected. Without a modernized legal framework that harmonizes state mineral ownership with community land rights, similar disputes are likely to persist, posing risks to both environmental sustainability and social stability.

Lawyers advising resource extraction companies in Liberia must conduct thorough due diligence on all existing land use rights, including community forest agreements, and ensure all necessary environmental permits are secured, given the potential for conflicting licenses and significant EPA fines for non-compliance. Compliance officers should note the ongoing tension between state mineral ownership and community forest rights, and monitor the stalled draft minerals and mining law for future changes impacting land access and consent requirements.

Source: Reporting on resource conflicts in Liberia