A leaked draft amendment to ArcelorMittal Liberia’s (AML) mining and infrastructure pact has ignited alarm among government insiders, legal experts and investors, who say the proposed language would effectively subordinate Liberian law and undermine the nation’s plan for an independent, multiuser rail and port system.
According to the leaked document and sources who reviewed it, the amendment includes an absolute “shall prevail” or supremacy clause that would allow AML’s contract rights to override conflicting Liberian laws, regulations or future concessions. Critics say the wording contains no express qualification making the amendment subject to the Constitution or future legislation.
If enacted, the clause could give AML’s agreement priority over existing statutes such as the Public Procurement and Concessions Act and would undercut the pending National Rail Authority (NRA) Act, created under President Joseph Boakai’s ARREST Agenda to establish an independent regulator and guarantor of fair, multiuser access.
The draft also reportedly locks AML’s own rail operating rules — including its Rail Standard Operating Principles (RSOP) and Multiuser Agreement (MUA) — into law, requiring AML’s written consent for any changes.
“By granting a private contract de facto superiority over national law, the amendment would displace the constitutionally mandated hierarchy in which the legislature and the courts reserve ultimate authority,” said a government source familiar with the document.
“It risks enshrining a single user governance model for rail and port infrastructure and closing the system to fair competition.”
Handover, control and multiuser access at risk
The proposed amendment is said to preserve AML’s operational control over the Yekepa–Buchanan railway well beyond 2030, while tying any handover to an independent operator to traffic volume triggers that AML itself could influence. The draft further permits AML to resume operatorship automatically if an independent operator’s appointment ends “for any reason whatsoever.”
Taken together, analysts say, those provisions could nullify the NRA’s central mandate: to establish an independent operator model that assures open, transparent and nondiscriminatory access to rail and port infrastructure. Locking AML’s RSOP and MUA into law would curb the NRA’s ability to set national standards and would limit future legislatures’ capacity to enact laws in the national interest.
Legal and investment ramifications
Legal specialists warn that ratifying such a clause would create dual legal regimes — one under the NRA and the national concession framework, and another governed by AML’s bespoke contractual rules — with AML’s regime claiming supremacy.
The result, they say, would be heightened legal uncertainty, increased litigation risk and a deterrent effect on foreign and domestic investors seeking to participate in Liberia’s mining, rail and port sectors.
“The amendment would weaken sovereign control over strategic infrastructure, undermine parliamentary authority and send a chilling signal to investors who require predictable and equitable governance frameworks,” said a West Africa infrastructure lawyer who reviewed the draft language.
Government credibility and policy at stake
Observers say the draft conflicts directly with President Boakai’s publicly stated commitments to institutional reform and multiuser infrastructure. Legislators who must ratify any concession amendment could face pressure from civil society groups and international partners to reject the language or demand substantial redrafting.
Potential economic consequences include curtailed competition in rail-dependent export sectors, reduced new investment into Liberia’s mineral and logistics infrastructure, and reputational damage that could complicate borrowing and partnership terms with multilateral lenders and development financiers.
The leak has already prompted calls from government insiders for a transparent legislative review and for legal counsel to assess whether the proposed supremacy clause runs afoul of the Constitution.
If the amendment proceeds to ratification without substantive changes, stakeholders warn it could trigger court challenges and international scrutiny, as well as prolong the era of de facto monopoly that critics say has characterized the rail and port relationship with AML since 2005.
Government officials, AML representatives and parliamentary leaders did not immediately respond to requests for comment. For now, the leaked draft has sharpened attention on the broader governance question at the heart of Liberia’s infrastructure reform: whether key national assets will be governed in the public interest under transparent, enforceable law.
At the crux of ArcelorMittal’s stalled third amendment to its mineral development agreement is the state of the railway, which a presidential panel commissioned b by Boakai’s predecessor described as poorly managed in 2022.
Early this year ArcelorMittal reaffirmed its commitment to developing a fully operational multi-user railway system along the Buchanan Corridor in Liberia, aligning with the government’s vision for enhanced infrastructure and economic growth.
In a statement the company said it has never objected to multi-user agreements and has consistently cooperated with the Liberian Government (GoL) in discussions regarding potential third-party users of the rail system.
The Rail System Operating Principles (RSOP) agreed upon with the GoL will provide adequate protection and pave the way for transparent rail access,” stated a spokesperson for AML.
“These multi-user principles will be effective immediately, and we are committed to adhering to the standards set by the Rail Authority to promote efficient rail operations.”
