The_Open_Door_deel1

-153-
only two of them referred to the same agreements (51), in
other words, of the four agreements only three had eight
provisions (out of thirty-eight) in common.
The greatest similarity is found in the contracts with the
"African Mining Partners" and the "Liberian Gold and Diamond
Corporation". The agreements were very much alike as they had
both been influenced by the Model Iron Ore Mining Concession
Agreement. This Model Agreement had in the early 1970's been
the result of an investigation of the country's concession
policy by a team of experts from Harvard University, U.S.A..
The realization of the exploitation of^the nation's human and
natural resources by notably the iron ore mining companies
had greatly contributed towards this result. The Liberians
only reluctantly acknowledged this exploitation after the
death of President Tubman. Illustrative of the Liberian
experiences is e.g. the provision in both the concession
agreements with the "African Mining Partners" and the
"Liberian Gold and Diamond Corporation" concerning the
conservation of natural resources:
"(...) 7he Operator shall (...) Lackfill all open mines,
pits, trenches, outs, and other excavations, using to
the maximum extent possiLle as fill material all tailings,
spoil, refuse and other originally suLierranean materials
(,..); shall re-open any pre-existing natural drainage
systems such as creeks, streams, Or other natural watercourses
(,,.); and shall reforest and replant the areas
so Lackfilled, contoured, terraced or otherwise worked
with such species of vegetation as may Le indicated Ly
the Government" (52).
Laudable intentions which do not mean much in practice
although the Government was in the same Article granted a
possibility of carrying out such work at the expense of the
Operator. If, however, the company had already left the
country, the Government was powerless, as had become clear in
the case of the liquidated damages which the African Mining
Partners had to pay, after the cancellation of its agreement
in 1976,
Another unrealistic provision (though no judgement or
statement as to the desirability of a clause concerning the
transfer of technology is implied in this observation)
contains Article 11,2 of both concession agreements which
obliges the companies to establish and operate vocational
training centers in Liberia (how many?), and to furnish
on-the-job counterpart training, not only in Liberia but
also outside the country (53). For a proper judgement of
this obligation it may be useful to add that it was never
complied with, neither (for obvious reasons) by the Liberian
Gold and Diamond Corporation nor by the African Mining Partners
during the three years of the latter's"operations In Liberia.
Confusion may result from the formulation of the obligation to
provide for free medical treatment to all employees and
Government officials working in connection with the Operator's