Senegal Supreme Court: G-Sand Permit Annulment Appeal Filed by Niafrang Residents

• G-Sand obtained a mining permit in February 2023, which is now subject to an appeal for cancellation by local residents in Casamance due to non-compliance with consultation and environmental protection procedures.
• The legal challenge was brought by fifteen residents of Niafrang, continuing a long-standing community resistance against mining in the region.
• Local concerns include dune degradation, sea encroachment, and falling groundwater levels, exacerbated by alleged procedural irregularities like a post-facto environmental impact study.
• Despite the ongoing appeal for its permit's cancellation, G-Sand reportedly resumed operations after a brief suspension, indicating potential enforcement challenges.
• A local activist, Ousmane Sané, claims to have faced intimidation, including his home being surrounded by armed individuals.

Despite the ongoing appeal for the cancellation of its small-scale mining permit, which G-Sand obtained in February 2023, the company reportedly resumed its activities following only a brief suspension.

G-Sand obtained a small-scale mining permit for zircon in the Abéné area in February 2023, which the people of Niafrang have since filed an appeal for its cancellation. This company, with ties to Chinese interests, is based in Gambia. The legal challenge, initiated by fifteen residents of Niafrang, centers on the company's operations in the neighboring Abéné area. The appeal argues that G-Sand failed to adhere to crucial procedures related to community consultation and environmental protection. This ongoing legal battle marks a significant development for local communities who have long resisted mining activities in the sensitive coastal region of Casamance.

This legal battle is the latest development in a protracted struggle against mining in the area, which dates back to 2004. That year, the Senegalese state initially granted an exploration permit to Australia's Carnegie Minerals for approximately 100 square kilometers of coastal dunes, known to be rich in zircon and titanium. After Carnegie Minerals and a subsequent operator, Astron Corporation, withdrew, the permit was eventually issued to G-Sand. While Niafrang residents have consistently opposed such projects, the nearby locality of Abéné initially showed no resistance to G-Sand's operations, a shift that multiple testimonies have attributed to alleged acts of corruption, including claims of a mayor receiving a vehicle and cash, and influential families being given checks, as reported by journalist Pape Sané and Amnesty International, respectively.

The appeal for the permit's cancellation underscores critical concerns regarding environmental impact assessments and regulatory compliance. Local residents harbor significant fears about the ecological consequences of mining, particularly the degradation of the coastal dune system, which serves as the sole natural barrier against an encroaching sea that has advanced over thirty meters in the past decade. Additionally, there are concerns about a potential drop in the groundwater table due to the extensive pumping required for mineral extraction, a worry echoed by geographers Luc Descroix and Jean-Claude Marut as early as 2015, who questioned the wisdom of adding excavation to existing coastal erosion.

Ousmane Sané, a spokesperson for the local struggle committee, has highlighted several alleged procedural irregularities. These include claims that an environmental impact study for the Abéné zone was conducted *a posteriori*, rather than as a prerequisite for the project. Furthermore, Sané alleges that the company has not respected the regulatory distance from a nearby waterway in Niafrang, further exacerbating environmental risks. These procedural lapses are central to the appeal seeking to revoke the permit, emphasizing the importance of rigorous adherence to environmental safeguards.

Despite the ongoing appeal for the cancellation of its small-scale mining permit, which G-Sand obtained in February 2023, the company reportedly resumed its activities following only a brief suspension. A local source quoted by Afrique XXI lamented that G-Sand continues to operate just five kilometers from their homes, seemingly undeterred by the judicial process. This situation highlights significant challenges in enforcing court decisions, particularly against well-resourced mining entities.

The long-standing community resistance has also been met with alleged intimidation tactics. Ousmane Sané, a prominent activist, claims his home was surrounded by individuals armed with machetes, an incident he interprets as an attempt to isolate him. Sané has also expressed profound disappointment with the inaction of parliamentarians who were informed of the case, concluding that the Senegalese state appears to be actively promoting mining interests, even at the expense of local communities and environmental regulations. This ongoing defiance of the court's decision and the alleged intimidation tactics underscore the complex and often fraught relationship between mining companies, local populations, and state authorities in Senegal.

This case underscores the critical importance for mining companies operating in Senegal to rigorously adhere to environmental impact assessment (EIA) and community consultation procedures, as judicial annulment of permits is a real risk. Furthermore, it highlights potential enforcement challenges even after a Supreme Court ruling, requiring continuous vigilance from compliance officers regarding operational legality.

Source: Original reporting via Afrique XXI