Similimi residents floor Ivorian government in ECOWAS Court over abuses

It was celebration galore in the village of Similimi, sub-prefecture of Bondoukou, about 430 kilometers from Abidjan, when the ECOWAS Court of Justice found the Ivorian government guilty of human rights violations in connection with destructive manganese mining activities in the area.

The ECOWAS Court of Justice, during its ruling in Abuja last Thursday November 30, 2023, found the Republic of Côte d’Ivoire guilty and ordered the government to pay 20 million CFA Francs to eleven individual plaintiffs, repair environmental damage, and prosecute the private company responsible for polluting the community’s lands and water bodies. communal self-help organization, filed a complaint in the ECOWAS Court of Justice in April 2020.

Two member-organizations of the Public Interest Lawyering Initiative for West Africa (PILIWA) - Advocates for Communities Alternatives (ACA) and Groupe pour la Recherche et le Plaidoyer sur les Industries extractives (in English, the Extractive Industries Research and Advocacy Group, known by its French acronym, GRPIE – supported the community members to pursue the case at the ECOWAS Court of Justice.

Please find below the Press Release jointly issued by ACA and GRPIE on the matter.

For Immediate Release
Similimi, Côte d'Ivoire
December 7, 2023.
Similimi residents triumph over Ivorian government in ECOWAS Court

Residents of Similimi, a village in northeastern Côte d'Ivoire, are celebrating a decision of the ECOWAS Court of Justice finding the Ivorian government culpable of human rights violations in connection with destructive manganese mining on their traditional lands. At its sitting in Abuja on Thursday, November 30, 2023, the ECOWAS Court of Justice declared the Republic of Côte d’Ivoire guilty and ordered the government to pay 20 million CFA Francs each to eleven individual plaintiffs and to repair the environmental damage caused by the mining project.

The Fight for Justice
In the hope of obtaining justice, 14 representative inhabitants of Similimi, along with a communal self-help organization, filed a complaint in the ECOWAS Court of Justice in April 2020. The communities are supported by two member-organizations of the Public Interest Lawyering Initiative for West Africa (PILIWA), Advocates for Communities Alternatives (ACA) and Groupe pour la Recherche et le Plaidoyer sur les Industries extractives (in English, the Extractive Industries Research and Advocacy Group, known by its French acronym, GRPIE). The plaintiffs accused the Côte d'Ivoire of illegal expropriation, non-compliance with the rules of due diligence, and complicity in environmental, economic, and cultural damage.

The Court’s November 30 ruling determines that the State is in fact responsible for violations of Similimi residents’ rights to a healthy environment, to health, to an adequate standard of living, to private and family life, and to freedom of worship and religion. The Court dismissed the Applicants’ claim that their right to property was violated, for lack of sufficient evidence of ownership. “Even if the Court did not recognize our proprietary right to our ancestral lands, we are indeed happy that our voices were heard by a regional tribunal and that the suffering that we have endured over the years has not been in vain,” said Adou Kouamé, village chief of Similimi and a complainant.

“We welcome this decision of the ECOWAS Court of Justice which recognized that the State of Côte d'Ivoire voluntarily facilitated and permitted the actions of BMSA, leading to the deterioration of the environment, causing health problems among residents, deteriorating the quality of water and air, destroying their crops and places of worship,” declared Mr. Rashidi Ibitowa, lawyer for the plaintiffs.

Brief Background
The inhabitants of Similimi, a village in the sub-prefecture of Bondoukou, about 430 km from Abidjan in the Republic of Côte d'Ivoire, mainly grew cashew nuts, fruits, legumes, and vegetables on their land before Bondoukou Manganèse SA (BMSA) began its operations. These lands were their sole form of economic support until the Ivorian government granted the company a mining concession in the area. The company soon began digging mining pits within a few hundred meters of the inhabited area of the village.

Over more than a decade, the operations of BMSA have caused serious disruption to the lives of the people of Similimi. Improper disposal of waste products has polluted the waters, resulting in serious – and sometimes fatal – digestive disorders. Heavy vehicular traffic and extensive strip mining create constant dust and fumes, causing respiratory problems. The company’s land clearing activities have deforested the landscape and devastated places of worship, making residents’ traditional cultural practices impossible. And the noise of dynamite disrupts residents’ sleep and affects their mental health. Women are particularly affected, as the loss of natural resources undermines their social status and ability to provide for the basic needs of their families.

Despite numerous complaints addressed to the mining company and the Ivorian authorities, the injuries and human rights violations have persisted without an effective remedy. The people of Similimi have requested repeatedly to be relocated away from the mine, but their prayers have gone unanswered.

END
Advocates for Community Alternatives (ACA) – ACA helps West African communities that are threatened by the destructive impacts of extractives-led development to take control of their own futures. ACA works directly with communities to design their own sustainable development plans and advocate to achieve those plans, and it builds and supports networks of lawyers and other professionals that will serve communities in need.

Groupe de Receherche et de Plaidoyer sur les Industries extractives (GRPIE) is a non-profit organization that advocates for democratic, transparent, and responable management of natural resources for sustainable socioeconomic development in Côte d’Ivoire and globally. Their work also directly defends the rights of communities that are affected by extractive industries. GRPIE is a key participant in the Kimberley Process civil society platofrm, the Extractive Industries Transparency Initiative, and Publish What You Pay.

Media Contacts

1. Lalla Toure, Legal Director (ACA): [email protected] | +233 50 985 0018
2. Dr. Michel Yoboué, Executive Director (GRPIE): 225 07 62 35 29 | [email protected]
3. Rashidi Ibitowa, Attorney (SCPA Les Oscars): +225 07 78 1983 | [email protected]
4. Emyloia Kpadonou, Communication Officer (ACA): +229 53843484 | [email protected]
5. Richard Kofi Boahen, Communication Officer (ACA): +233 24 8693637 or +233 50 7831660 | [email protected]