On numerous occasions [1] the Niger government has expressed a desire to renegotiate their arrangement with AREVA, as they believe the deal favours AREVA rather than the citizens of Niger. According to statistics from 2007-2008, uranium represented 70% of Niger’s exports while contributing only 5% to its GDP. Both the government and Niger’s citizens want the Mining Code 2006 to be applied in the renewal of these agreements, which would increase state revenues with new fiscal obligations and other non-fiscal requirements.

The French nuclear group claims that the 2006 Mining Code should not apply to its subsidiaries, invoking a 1968 agreement signed by Niger and the CEA (the French Atomic Energy Commission, afterwards become AREVA). This agreement granted AREVA stabilisation clauses for 75 years, until 2043. AREVA also invokes the provisions of the UEMOA Community Mining Code claiming that the 2006 Niger mining legislation could only be enforced if it would grant better conditions to an operator. AREVA believes that the fiscal regime applying to their operations should not be included in the re-negotiations currently taking place with the Nigerien government.

AREVA’s position is unacceptable. In its refusal to accept the enforcement of Niger’s it denies Niger, and its citizens’, sovereign authority. Furthermore, this attitude perpetuates an unfavorable partnership with an African state, one of the poorest in the world despite its natural wealth. In doing so it goes against the spirit of the African Mining Vision (AMV) that promotes a fair and win-win partnerships for the transparent exploitation of mineral resources as the engine for transforming African economies and improving the standard of living for ALL.

PWYP and ROTAB condemn the attitude of AREVA, an EITI supporting company [2], in its invocation of inequitable clauses to continue its exploitation of uranium in Niger. PWYP and ROTAB:

 Call on the government of Niger to enforce the 2006 mining legislation in all its dimensions and in accordance with the spirit of the African Mining Vision.

 Invite civil society organisations to mobilise in order to reverse AREVA’s will to continue the exploitation of uranium to the detriment of the people and environment in Niger.

 Call on the 3rd AU Conference of Ministers Responsible for Mineral Resources Development, currently meeting in Maputo (Republic of Mozambique) under the theme "Leveraging the Africa Mining Vision for Africa’s Renaissance towards broader ownership", to take an official position and support the Nigerien government in its efforts to redefine the terms of the partnership with AREVA, crucial to the reform of its uranium sector and for embedding the principles of the Africa Mining Vision.

December 16, 2013