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Strengthening the Legal Framework for Environmental and Social Impact Assessment in the Mining Sector in Madagascar: Selected issues
The document evaluates Madagascar's legal framework for Environmental and Social Impact Assessments (ESIAs) in the mining sector. While it finds the framework generally coherent and up-to-date, it identifies four critical gaps: the presence of broad stabilization clauses that can freeze outdated laws, the ability of the environment minister to override the technical opinions of the National Office for the Environment (ONE), the possibility of granting operating permits before environmental permits, and insufficient public involvement during the early stages of ESIA report preparation. The summary recommends deleting or limiting stabilization clauses, restoring the primacy of ONE's technical advice, making environmental permits a prerequisite for operating permits, and engaging local communities from the scoping stage onward.
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Document type: Executive summary