MONROVIA – Citizens of Bomi County are demanding the cancellation of the Memorandum of Understanding (MOU) signed between the Government of Liberia and Western Cluster for the resumption of mining operations in the county due to the high level of deceits from their Representatives and Senators.
By Obediah Johnson, [email protected]
It can be recalled that on Wednesday, June 8, 2022, Western Cluster broke grounds to recommence its operations in Bomi. The ground breaking ceremony came barely few days after the government signed a Memorandum of Understanding with the company.
The MOU was signed following the failure of the company to implement the Mineral Development Agreement (MDA) it signed with the government in 2010 due to the outbreak of the Ebola virus and the drop in the price of iron ore on the world market. The MOU gives the company the right to operate at three iron ore deposits, including the Bomi Hills Mines, in Bomi, Grand Cape Mount, and Gbarpolu Counties.
But in a ten-count resolution, a copy which is in the possession of FrontPage Africa, aggrieved citizens of Bomi under the banner Bomi County United Concerned Citizens, claimed that authorities of Western Cluster and their legislative caucus have miserably failed to provide the necessary information on the operations of the company and what they stand to benefit as a county and people.
The aggrieved citizens, including Paramount, Clan, Town Chiefs and Youth Leaders affixed their signatures to the resolution following the climax of a mass meeting held in Klay Town on January 7.
They disclosed that the decision taken to sign the resolution is in keeping with Article 15 of the 1986 Liberian constitution, the Universal Declaration of Human Rights and the African Charter on Human and People’s Rights.
They added that their action also stemmed from Chapter 2.15 of the Local Government Act of 2018, which amongst other things provides for Paramount, Clan and General Town Chiefs to continue to play traditional roles in their respective local customs, cultures, and traditions supportive of peace and development, and Chapter 3 Section 3.2 and Chapter 3.7 respectively of the Freedom of Information Act of 2010.
Chapter 3 Section 3.2 of the Freedom of Information Act of 2010 states that: “every person, irrespective of their nationality or residence, may request, receive, reproduce, and retain any information held by a public authority or private entity that received public funds or engaged in public functions or provision of public service; provided that in respect of private entities that information shall relate to the public funds benefit, functions and service.”
Chapter 3.7 of the Act also provides that “every public and private entity shall promptly respond to all requests for information it receives, be it by post, mail or delivery.”
The issues
The citizens complained that their rights mentioned above curtailed, restricted or enjoined by the Bomi Legislative Caucus, Western Cluster Liberia Limited and Baichiko Mining Company operating in the county.
They recalled that upon the return of Western Cluster to their county, a citizen stakeholder engagement meeting was held at the Multi-purpose Building in Tubmanburg, with the county’s legislative caucus reintroducing the company to them.
“We were assured to be provided more or detailed information about the company’s operations including MOU and citizens’ participation in the plan of the company’s operations in our county.”
But on the contrary, the aggrieved Bomi citizens added, that, Western Cluster has allegedly ignored all of these arrangements, even though they have presented series of communications to the company to raise their concerns.
They claimed to have officially written the company on August 7, December 9 and 27 of last year respectively.
In the resolution, the aggrieved citizens called for the signed Memorandum of Understanding (MOU) between the government and the Western Cluster to be replaced with the 2011 Mineral Development Agreement (MDA) the company signed with the government during the administration of former Liberian President Ellen Johnson Sirleaf.
They further called for the full implementation of the 2011 MDA by the company in keeping with Article 34 D (i) of the Liberian constitution which states that: “all revenue bills, whether subsidies, charges, import duties or taxes and other financial bills shall originate from the House of Representatives.”
They claimed that the current MOU being used by Western Cluster to resume its operations is illegal.
The aggrieved citizens called for the company to allocate benefits for all the affected communities as outlined in the 2011 MDA.
“At the onset of the Western Cluster operation, we were informed by Bomi County Caucus members of the upper House that Western Cluster Liberia contributed the amount of US$5million to the Government of Liberia, of which US$3.5million was allotted to Bomi County. Up to present, this amount has not been remitted to our County Development Account.”
The aggrieved citizens pointed out that as per the 2008 National Population and Housing Census, the population of Bomi stands at a little over 84,000 residents, with a high rate of unemployment, adding that, they anticipated the presence of Western Cluster in the region to reduce the high rate of unemployment and bring relief to them.
They maintained that since the inception of the multi-million dollars company in their Bomi, they are yet to feel the employment impact on the citizens.
They disclosed that those who are presently among the workforce at the company are yet to gain full employment status.
“During the introduction of the company at the multipurpose building, the Caucus informed us that there was an ongoing environmental impact assessment by relevant EPA authority. Up to date, that environmental impact assessment is yet to be made known to citizens of Bomi County.”
The aggrieved citizens noted that though the assessment report is yet to be made public, nothing is being done by Western Cluster and their Legislative Caucus to guarantee their health and safety.
They emphasized that despite the operations of the multi-million dollars company in their county, the current health system of Bomi remains deplorable.
They called for the signing of a Memorandum of Understanding to compel the company to make allocation towards the improvement of the healthcare system in the county.
The aggrieved citizens further recalled that the 2011 MDA signed between the government and Western Cluster mandates the company to build the capacity of youths in its operational area, through the provision of skill training programs, but up to present, nothing is being done to actualize this portion of the agreement.
They stated that though their Representatives And Senators informed them that all registered catering institutions in Tubmanburg will receive contract for catering services, no women group or any catering firm in the county has been hired.
According to them, women from other areas are allegedly hired by the company to carry out catering services, leaving women groups and other caterers without jobs in the county.
“The employment of citizens of Bomi County can’t be compromised; therefore, we are requesting immediately, that Western Cluster begin employing citizens of the county beginning with the immediate affected communities around the mining site. We are also demanding that there be a committee that will vet our citizens for employment in the county which shall be referred to as the Land Representative Committee (LRC) as being done in other parts of the county.”
They want Western Cluster to also employ a Community Relation Officer that will tour the affected communities and give feedback on environmental and psychological hazard that the blasting is causing to our people.
Another company commencing operations
Meanwhile, citizens of Bomi County have alarmed over what they termed as “troubling news” surrounding the investment of another company in their county without their consent.
They claimed that the Baichiko Mining Company, which is operating in Gbarpolu County, is being spotted opening roads through Suehn Mecca, Tehr and Dewein districts in Bomi.
They added that their Legislative Caucus has failed to provide them information on the company’s operations in the county.
“However, there are information that there is an MDA that allowed Baichiko to move their ore through Bong County to Grand Bassa County with stipulated social benefits to Bong and Grand Bassa counties. Given the current arrangement to pass through Bomi to Po River, our questions now are, who initiated this arrangement? What does Bomi stands to benefit when Caucus members at the upper House are shifting blame on one another on this?”
They further gave a three-day ultimatum to their county’s legislative caucus and the managements of Western Cluster Liberia Limited and Baichiko Mining Company to address the issues raised by them.
The aggrieved citizens warned that the failure of their lawmakers and other relevant stakeholders to address these concerns from now to January 12, they will stage a peaceful protest since “this is the only language the government understands.”
What’s in Western Cluster MOU
In the MOU signed, Western Cluster, which was indebted to the government in the tone of US$23million, has been mandated to pay the amount of US$10million to the government.
The company initially paid the amount of US$5million for the issuance of a Class A mining license by the government, through the Ministry of Mines and Energy following the signing of the MOU.
The document further called for payment of the remaining US$5million not later than 45 days from the date of the first shipment of iron ore by the company.
It also called for Western Cluster to provide the amount of US$3million as contribution for the rehabilitation of the corridor between the St. Paul Bridge and the Freeport of Monrovia.
The amount shall be payable by the company in two equal installments; and the leasing of the LMC and NIOC piers at the Freeport of Monrovia by the Western Cluster.
For the reconditioning of the road by filling potholes from the Bomi Hills Mines to the St. Paul River, the MOU mandates the company to pay contractor during repair to the extent of US$1.5 for road.
The Ministers of Mines and Energy, Finance and Development Planning, Justice and the Chairman of the National Investment Commission (NIC) Gesler Murray, Samuel Tweah, and Molewuleh B. Gray signed the MOU on behalf of the Liberian government, while Chetan Savant Head of Projects of Western Cluster signed on behalf of his company.
However, residents of Bomi believed that the MOU signed does not prioritize their interest and as such, the government must have it cancel and revert to the MDA it signed with the company.
They claimed that only a selective few government officials, including some of their lawmakers are benefitting from the MOU signed with Western Cluster Liberia Limited.