Social licence to operate and the granting of mineral rights in sub-Saharan Africa: Exploring tensions between communities, governments and multi-national mining companies

Traditional communities in Africa hold land in high esteem. As such, when rights to minerals are granted to Multi-National Mining Companies on community lands, it heightens tensions and sometime erode the trust relationship with local governments and the State. A factor which contributes to this, is the non-alignment of the interest between the States' exclusive rights and communities' right to land after minerals' discovery. In addition, experiences from colonial practices infringing on customary and mineral rights heighten the tensions between traditional societies and governments. This paper discusses some of the root causes of such tensions vis-à-vis the assignment of mineral rights and their effect on customary land rights frameworks. The mineral rights' frameworks of Ghana, Namibia, South Africa and Tanzania are explored for a better understanding of the tensions that arise in mining communities. Recommendations in light of formalising communities' rights with mining companies' and social licence to operate may assist in building transparency and the 'trust' needed amongst stakeholders in mining regimes.