Angola enacts law to combat illegal mining
The Angolan Parliament has enacted a new law aimed at combating illegal mining activities, coming into force this month.
The Law to Combat Illegal Mining Activity introduces stringent penalties to curb the illicit exploitation of mineral resources, which adversely impacts civilian life, the environment, the economy, public health, and local communities.
This legislative move addresses the significant issue of approximately 1.3 million illegal miners in Angola, primarily diamond prospectors using around 300 large-scale dredgers. As one of the world’s major diamond producers, Angola faces severe challenges due to these illegal operations.
Scope of Law
Key provisions of the law include: Three to eight years imprisonment and a fine for those participating in or facilitating illegal mining activities. Two to eight years imprisonment and a fine for initiating mining activities or installing equipment without proper authorization. Two to six years imprisonment and a financial penalty for forging mining titles or transporting illegally extracted minerals and one to five years imprisonment and a fine for possessing or conducting transactions involving illegal minerals.
The law also stipulates that prison sentences can be increased by up to one-third under certain aggravating circumstances, such as involvement of a public official, use of firearms or violence, or activities causing severe environmental damage.
The backdrop to this legislative action includes a landmark report indicating that the mining industry has been a significant source of Africa-related investor-state disputes managed by the International Centre for Settlement of Investment Disputes (ICSID), accounting for 16% of such cases over the past 50 years.
Rui Amendoeira, a founding partner at OneLegal, emphasized the necessity of this law, highlighting the extensive illegal diamond mining, particularly by ‘garimpeiros’ (illegal diamond diggers) in the Lunda regions. The law, drafted in March, received substantial parliamentary support with 90 votes in favor, 66 abstentions, and none against.
