Former Foreign Senate Pro Tempore Gbehzohngar Milton Findley has file a petition at the 2nd Judiciary Circuit Court in Grand Bassa County for declaratory judgment against Arcelor Mittal.
A petition for declaratory judgment is asking a competent court of record to declare the right of an individual or group of individuals when they feel that their rights or privileges has been infringed upon.
Former Pro-Tem Findley Lawyer Cllr. Arthur Johnson told scores of reporters in Monrovia Wednesday September 15, 2021 that his client decision to petition the court is based on Arcelor Mittal defiance, fervent failure to implement specific provisions of the amended Mineral Development Agreement of 2006.
Cllr. Johnson noted that the main purposed of the petitioning the court for declaratory judgement is due to the violation of article 18 of the agreement which states that the share of Liberia in the company should be 30% and no go below 15% noting that his client has observed that the Liberia share has gone below 15%.
Among others violations he also noted that the Steel giant company has failed the impellent article eight of the Agreement which mandate them to construct, maintain and operates a health facility in the concession area and shall use modern health standards, devices or equipment and shall practice modern health procedures and precaution taken in accordance with acceptance international standards.
Cllr. Johnson mentioned that according to the agreement there should have been more than 50% of Liberians in senior management position at the company and 100% Liberian at professional administrative technical managerial level but expressed dismay that the steel giant has failed to do so.
The Liberian Lawyer indicated that if Arcelor Mittal cannot be held liable in Liberia, they can be held accountable under international law, but they are first exploring the opportunity provided under Liberian laws.
He accused the Billion dollars steel company of taken advantage of a third world country like Liberia, while warning people not to see Mr. Findley action as political, but should rather see it as a legal matter.
Also speaking former Senate Pro tempore Gbehzohngar Milton Findley said there is no impact made by the company in the county after over 13 years of operation in the country.
Findley who also served as President Weah first Foreign Minister noted that as eminent citizen of Liberia and Grand Bassa he will not sit back watch Arcelor Mittal and other companies violates the rights of the people of Liberia.
According Findley his demand before the court is on existing the contracts with Arcelor Mittal not the one recently signed amended Agreement between the governments of Liberia and the Company.
History of the Arcelor Mittal concession
In 2005, Arcelor Mittal and the Liberian Government signed the first Mineral Development Agreement (MDA) to allow the company to begin mining iron ore in Yekepa, Nimba County. This agreement was then renegotiated and amended in 2006.
The MDA carries stringent conditions regarding sustainable development and economic, social and environmental investment. Its aim is to ensure that, while foreign companies are able to generate a profit from their investment in the extraction of Liberia’s resources, the country and its citizens must benefit as well.
Among other things, it stipulates that Arcelor Mittal contributes US$3 million a year to the county social development fund for Nimba, Bong and Grand Bassa Counties. This money, which covers the 25-year expected life-of-mine will total US$75 million and will be used to drive community development projects that will uplift and improve the lives of local people.
The company is also required to establish and maintain medical and education facilities in all areas of operation, to serve employees, their families and the broader community, and to prioritize the employment and development of Liberians.
But the company has often been accused of violating the concession agreement.
Weah government extend the agreement.
Despite the many concern been raised over the years regarding Arcelor Mittal failure to live up to the terms and conditions in the 2006 amended social Mineral Development Agreement, the Weah’s Administration recently signed an amendment to the agreement which paves the way for the expansion of the Company’s mining and logistics operations in Liberia.
With the MDA amendment coming into effect, Arcelor Mittal Liberia will significantly ramp up production of premium iron ore, generating significant new jobs and wider economic benefits for Liberia.
The new expansion, according to the agreement will also see the creation of more than 2000 jobs with Liberians envisaged to fill the majority of the roles created.
Arcelor Mittal will operates a Vocational Training Centre and provides two-year residential certificate training in mechanical and electrical trades.
As part of the expansion, Arcelor Mittal Liberia will also launched a training and development program for high potential Liberian employees who will gain on-the-job experience and knowledge in Arcelor Mittal Mining operations globally.
The employees will receive advanced training in the fields of mining production and operation optimization, plant maintenance, planning and execution, plant electrical operation systems, and electrical maintenance. Other training areas include plant fitting and heavy-duty mobile equipment maintenance, as well as mine production and operations.
The investment in advanced skills training demonstrates Arcelor Mittal Liberia’s commitment to providing employment and professional development opportunities to Liberians.
In addition, it is envisaged that the expansion will further boost the growth of small and medium-sized businesses in Liberia which offer a range of services to Arcelor Mittal Liberia.
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