Bridging the Gap in Community Development Agreements and Multilevel Governance in Enugu
Closing the Gap Between Mining, Communities, and the State
About Research
Introduction
This paper builds on earlier research to examine how Community Development Agreements (CDAs) are implemented in Enugu State’s solid minerals sector, using Awhum in Udi LGA as a case study. Field visits, document reviews, and interviews with officials, civil society, and community members reveal that CDAs are often absent, informal, or poorly enforced, with little state or local oversight. Recent company-community agreements were reactive responses to protests rather than proper CDA processes, and promised benefits like a hospital remain unfulfilled.
The study highlights weak participation, limited transparency, and low accountability, recommending legal reforms, public disclosure of CDAs, and community-led monitoring to ensure meaningful local benefits.
Background and Literature Review
Coal mining shaped Enugu’s economy for over a century but declined due to labour unrest, the rise of oil, and the Civil War, leaving lasting social and environmental impacts. The Minerals and Mining Act (2007) requires Community Development Agreements (CDAs), yet enforcement is weak and many agreements remain informal. Communities often lack legal support and understanding, while oversight bodies like MIREMCO are largely inactive. As a result, benefits are limited, transparency is low, and governance gaps persist.
Research Methodology
This study uses a qualitative case study approach focused on Awhum and Nsude in Udi LGA, where coal mining has recently resumed. Data was collected through seven key informant interviews with government officials, community members, civil society actors, and federal representatives. Interview themes covered how agreements were made, state involvement, and community responses. A review of legal documents, government statements, company releases, and media reports complemented the interviews. Formal CDA documents were not provided, reflecting continued opacity in the sector. Data was analyzed thematically and compared with the Minerals and Mining Act (2007). Limitations included community fear of retaliation and limited awareness of agreement details.
Key Findings
Discussions
Recommendations
Enact a State CDA and Mining Law
The Enugu State House of Assembly should pass a binding law defining the rights and obligations of communities, companies, and the state. The law should require:
Mandatory community consultation and legal review
Clear obligations, penalties, and timelines
Public disclosure of all CDAs
Formal dispute-resolution procedures
This law should align with the Minerals and Mining Act (2007) but strengthen state-level enforcement.
Strengthen MIREMCO Through a Multi-Stakeholder Committee
Enugu State should activate and empower MIREMCO to monitor and enforce CDA implementation. Membership should include government agencies, community representatives, CSOs, mining companies, and independent experts. The committee should conduct regular site inspections and publish annual compliance reports.
Build Community Legal and Negotiation Capacity
Communities need independent legal support and training to negotiate effectively. This includes:
Legal advisory support during negotiations
Training on mineral rights, environmental law, and financial literacy
Formation of Community Monitoring Units to track extraction and compliance
These activities should be supported by CSOs and state agencies.
Dedicate a Fixed Share of Mining Revenue to Community Development
A portion of mining revenue should fund long-term, community-led projects through a transparent Community Development Fund. Key actions include:
Public financial dashboards tracking payments and project spending
Community participation in project selection
Regular audits and clear reporting
This ensures benefits are visible, accountable, and aligned with long-term development priorities.
