Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues

This executive summary evaluates the legal and policy framework for Environmental and Social Impact Assessments (ESIAs) in Madagascar's mining sector. While the framework is described as generally coherent and up-to-date, the document identifies critical gaps—including broad stabilization clauses and the potential for operating permits to precede environmental permits—and provides recommendations to align the system with international best practices from the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF).

• Madagascar's legal framework for ESIAs is generally coherent, with most environmental texts recently revised and a structured system of institutions in place, notably the National Office for the Environment (ONE).
• Broad stabilization clauses in the Mining Code and the Law Establishing a Special Regime for Large Investments in the Malagasy Mining Sector may prevent the state from applying updated environmental and social protections to mining projects.
• The Minister responsible for the environment possesses the authority to override the technical adverse opinion of the National Office for the Environment (ONE) and grant an environmental permit regardless.
• The current legal framework allows for the granting of mining operating permits before the issuance of environmental permits, which may reduce the ESIA to a mere formality.
• Public participation in the ESIA process is insufficient because local communities are typically only involved after the ESIA report has been submitted to the government, excluding them from screening and report preparation.
• To improve the framework, the document recommends making the environmental permit a mandatory prerequisite for the operating permit and restricting or deleting stabilization clauses.

APA

Nikièma, S., Naré, C., & Kinda, A. (2023). Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-05/legal-framework-esia-mining-sector-madagascar.pdf

Chicago

Nikièma, Suzy, Clémence Naré, and Abas Kinda. Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-05/legal-framework-esia-mining-sector-madagascar.pdf.

Wikipedia

{{cite report |last1=Nikièma |first1=Suzy |last2=Naré |first2=Clémence |last3=Kinda |first3=Abas |title=Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues |publisher=International Institute for Sustainable Development |date=April 2023 |url=https://www.iisd.org/system/files/2023-05/legal-framework-esia-mining-sector-madagascar.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{nikima2023strengthening, author = {Nikièma, Suzy and Naré, Clémence and Kinda, Abas}, title = {{Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues}}, institution = {International Institute for Sustainable Development}, year = {2023}, month = apr, url = {https://www.iisd.org/system/files/2023-05/legal-framework-esia-mining-sector-madagascar.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }