By Domingo Dargbeh
Nimba County Senator Nyan D. Twayean has called for heightened scrutiny in the proposed Third Amendment to the ArcelorMittal Mineral Liberia (AML) Development Agreement (MDA).
In a press statement, Twayean said the amendment is not merely a routine administrative update, rather it represents a significant restructuring of a critical concession agreement for the mineral resources.
Sen. Twayean expressed serious concerns about the implications of the amendment, which he said, involves a fundamental change in ownership.
The amendment proposes to transfer rights and obligations from ArcelorMittal Switzerland AG to ArcelorMittal USA-Liberia Holdings LLC, a newly established entity.
Twayean questioned the legitimacy of this change, raising issues about the timeline of negotiations, and who the government was actually negotiating with, ArcelorMittal Switzerland or its U.S. counterpart. “The proposed changes raise doubts about enforceability and accountability. Assertions that obligations are fully transferred do not provide sufficient safeguards for Liberia. The absence of explicit parent company guarantees and continuity clauses poses a risk of diluting past obligations and violations.”
The senator further criticized the proposed framework, which treats the entire concession area as a single production zone, potentially compromising regulatory control and community rights.
He argued that this approach could lead to mineral warehousing disguised as integration, undermining the interests of the communities affected by mining activities.
Twayean highlighted the importance of maintaining clear boundaries regarding production areas, insisting that undeveloped zones should remain outside production designations until justified and approved through proper legislative processes.
“Development delayed is development denied,” he warned, noting that communities should not be left indefinitely on land designated as productive without any real development taking place.
Another major concern Twayean raised, is the omission of social infrastructure commitments in the proposed Third Amendment.
He pointed out that previous agreements contained binding obligations for constructing essential facilities such as roads, hospitals, and schools, which have often gone unmet.
He criticized the suggestion of developing a separate social impact plan after legislative ratification as insufficient and unacceptable.
“The legislature cannot responsibly ratify an amendment that defers core community obligations to instruments of uncertain legal force. We must have a comprehensive framework for community development before considering ratification.”
Sen. Twayean called for the Inter-Ministerial Concession Committee (IMCC) to provide a detailed social impact framework and for the legislature to request all relevant documentation regarding the ownership and financial history of ArcelorMittal.
He said this position is not anti-investment but rather pro-Liberia, advocating for responsible investment that holds all parties accountable.
“The people of Nimba County, and indeed the people of Liberia, deserve transparency, enforceable commitments, and genuine development. As their Senator, I will continue to advocate for compliance and accountability in all concession agreements.”
As discussions around the proposed Third Amendment unfold, it remains to be seen how the legislature will respond to Twayean’s calls for scrutiny and reform.