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Workshop 8 Policy Assessment and Development

8th CASM Conference – BRASILIA – 6-12 October 2008. Workshop 8 Policy Assessment and Development. Peter Nelson - Facilitator Principal – Land Use Consultants UK. Workshop 8 Policy Assessment and Development. WORKSHOP SEQUENCE. 8th CASM Conference – BRASILIA – 6-12 October 2008.

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Workshop 8 Policy Assessment and Development

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  1. 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Peter Nelson - Facilitator Principal – Land Use Consultants UK Workshop 8 Policy Assessment and Development

  2. WORKSHOP SEQUENCE 8th CASM Conference – BRASILIA – 6-12 October 2008 Introduction • Setting the Scene Presentations • SIERRA LEONE - Jonathan Pell • MONGOLIA - Batsaikhan Usukh • MADAGASCAR - Olivier Razafimandimby • Comments on Country Experience from other participants Group Review - Defining the Key Issues Discussion - What can CASM do to assist reform, development and assessment of mineral policies? Workshop 8 Policy Assessment and Development

  3. SETTING THE SCENE

  4. SCOPE AND OBJECTIVES 8th CASM Conference – BRASILIA – 6-12 October 2008 • To review recent experience in minerals policy formulation and assessment with special reference to ASM, • To debate priorities for action, • To make recommendations on the approach which CASM should follow in responding to these priorities. • To provide input to the African Union First Ministerial Conference on Mineral Wealth Development Workshop 8 Policy Assessment and Development

  5. 8th CASM Conference – BRASILIA – 6-12 October 2008 Context ASM Represents: • 15-20% of Non-fuel Mineral Production world-wide. • 13 million miners (men, women and children) in 30 countries. • 80-100 million people depend on ASM for their livelihood. Workshop 8 Policy Assessment and Development

  6. CASM Strategic Plan & Millennium Development Goals 8th CASM Conference – BRASILIA – 6-12 October 2008 Goal 1 : Eradicate Extreme Hunger and Poverty Goal 2 : Achieve Universal Primary Education Goal 3 : Promote Gender Equity and Empower Women Goal 4: Reduce Child Mortality Goal 5: Improve Maternal Health Goal 6: Combat HIV/AIDS, Maleria and Other Diseases, Goal 7: Ensure Environmental Sustainability, Goal 8: Deliver a Global Partnership for Development Workshop 8 Policy Assessment and Development

  7. Cycles in Mineral Activity 8th CASM Conference – BRASILIA – 6-12 October 2008 • Political, Mining and Economic Cycles • Political Stability, Mining phases, Economic fluctuation • Policy and legislative Cycles • Mining Laws, Policies, Environment, Employment, Child Labour, Human Rights, Public Participation • Seasonal Cycles • Climatic, economic • Social Cycles • Permanent, transient • Shocks to the system • Conflict, Disease, Boom & Bust Workshop 8 Policy Assessment and Development

  8. Activity Cycles 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development

  9. 8th CASM Conference – BRASILIA – 6-12 October 2008 Legislative Hierarchy Law, policy, guidelines, national institutions NATIONAL Self-Administration in some countries REGIONAL District and Local Associations Self-Reliance DISTRICT LOCAL Workshop 8 Policy Assessment and Development

  10. 8th CASM Conference – BRASILIA – 6-12 October 2008 Key Topics – National Level • Macro-economic / Fiscal policies • Poverty Reduction Strategies • Mining Law and Policy • Institutional Change • Energy Supply/Demand • Climate Change • Environment Workshop 8 Policy Assessment and Development

  11. 8th CASM Conference – BRASILIA – 6-12 October 2008 Sustainable Mineral Development Strong Weak Workshop 8 Policy Assessment and Development

  12. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining GOVERNMENT Macro-economics Finance / Legal/ Workshop 8 Policy Assessment and Development

  13. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining GOVERNMENT Macro-economics Finance / Legal/ Workshop 8 Policy Assessment and Development

  14. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining GOVERNMENT Macro-economics Finance / Legal/ Workshop 8 Policy Assessment and Development

  15. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Workshop 8 Policy Assessment and Development

  16. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Workshop 8 Policy Assessment and Development

  17. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining ASM Workshop 8 Policy Assessment and Development

  18. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining ASM Workshop 8 Policy Assessment and Development

  19. 8th CASM Conference – BRASILIA – 6-12 October 2008 Policy Interactions Global Economy / Markets Large Scale Mining ASM GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Workshop 8 Policy Assessment and Development

  20. District/ Local Level 8th CASM Conference – BRASILIA – 6-12 October 2008 • Organisation • Associations • Tenure • Mineral rights, pit ownership • Health, Safety and Environment • Mine safety, processing (mercury), • Gender Roles • Men / boys, women / girls • Trade and Finance • Marketing/ business • investment Workshop 8 Policy Assessment and Development

  21. DETERMINING KEY ISSUES AND PRIORITIES FOR ACTION

  22. Mining policy authority Mining rights administration Cadastral / Geological Survey Environmental Authority Mining Council Miners Large-scale (Formal) Medium (Formal) Small-scale (Semi Formal) Artisanal (Informal) F.Loayza, G.Mahon World Bank Mining Policy Mineral Rights Access to land and water Mining Taxation Environmental Regulations FDI Regime Property rights, contract law, judiciary, dispute resolution mechanisms Indigenous peoples’ rights Labour laws 8th CASM Conference – BRASILIA – 6-12 October 2008 Organisational Institutional Framework Framework Workshop 8 Policy Assessment and Development

  23. Preparing a good Minerals Policy?, Introducing a Comprehensive Minerals Law and Regulations C. Creating good conditions for foreign investment? D. Formalising Mineral Rights? E. Securing Access to land and water? F. Introducing Equitable Mining Taxation? G. Providing Strong Environmental Regulations? H. Formalising property rights? I. Improving Mine Health and Safety and Community Welfare? J. Strengthen judiciary, and dispute resolution mechanisms? K. Securing Stakeholder and community engagement? L. Safeguarding Indigenous peoples’ rights? M. Introducing effective Labour laws? N. Reforming governance and implementation of policies / laws? Managing markets and fair trade? 8th CASM Conference – BRASILIA – 6-12 October 2008 Preparing a Good Minerals RegimePRIORITIES FOR ACTION Workshop 8 Policy Assessment and Development

  24. KEY ISSUES

  25. 8th CASM Conference – BRASILIA – 6-12 October 2008 BUSINESS CLIMATE AND MINERAL DEVELOPMENT • Macro-economic Interests • Investment Community and Mining Companies • Taxation / Capital Allowances / Tax Rates / Royalties / Exploration Incentives • Policy Requirements: Levels of taxation / Risk sharing Mineral rights • Mineral Rights: - Ownership Private v. State • Jurisdictions • Disclosure of Information Workshop 8 Policy Assessment and Development

  26. 8th CASM Conference – BRASILIA – 6-12 October 2008 BUSINESS CLIMATE AND SMALL SCALE MINING • Participation in ownership? • Information access • Technical Assistance, • Regulation, • Safety Standards, • Environmental Management Workshop 8 Policy Assessment and Development

  27. 8th CASM Conference – BRASILIA – 6-12 October 2008 PEOPLE ISSUES • Mine Health and Safety • Human Resource Development • Housing and Living Conditions • Migrant Labour • Industrial Relations and Employment Conditions • Downscaling Workshop 8 Policy Assessment and Development

  28. 8th CASM Conference – BRASILIA – 6-12 October 2008 OTHER KEY ISSUES • Environmental Performance Standards • International / Cross Border Cooperation • Governance: • Regulation and Promotion, • Role of National, Provincial and Municipal government, • Stakeholder Consultation Workshop 8 Policy Assessment and Development

  29. STRATEGIC ASSESSMENT

  30. What is Strategic Environmental Assesment (SEA)? 8th CASM Conference – BRASILIA – 6-12 October 2008 “A range of analytical and participatory approaches that aim to integrate environmental considerations into policies, plans and programmes and evaluates inter linkages with economic and social considerations” OECD-DAC Guidance

  31. 8th CASM Conference – BRASILIA – 6-12 October 2008 The EIA-SEA-SA Family Environmental Impact Assessment Economic Environment Social Workshop 8 Policy Assessment and Development

  32. The EIA-SEA-SA Family 8th CASM Conference – BRASILIA – 6-12 October 2008 Environmental Impact Assessment Strategic Environmental Assessment Economic Environment Social Workshop 8 Policy Assessment and Development

  33. 8th CASM Conference – BRASILIA – 6-12 October 2008 The EIA-SEA-SA Family Strategic Environmental Assessment Environmental Impact Assessment Sustainability Appraisal Economic Environment Social Workshop 8 Policy Assessment and Development

  34. Tiering of SEA 8th CASM Conference – BRASILIA – 6-12 October 2008 • National Level – Policy / Institutional SEAs of Mining Sector / Poverty Reduction Strategies • Regional Level – Programmatic/ landuse based SEAs of Large and Small-scale Mining and related activities • District level – Community based SEA of Artisanal mining • Project Level – EIAs of individual mines Workshop 8 Policy Assessment and Development

  35. 8th CASM Conference – BRASILIA – 6-12 October 2008 Introducing SEA to Policy Formulation Process Typical Policy Formulation Process DEFINE THE PROBLEM P SCOPE SUMMARISE KEY ISSUES BASELINE SET OUT A GOAL / VISION ANALYSIS P DEVELOP POLICY OPTIONS ALTERNATIVES DRAFT POLICIES PREPARE REPORT P DEBATE DRAFT POLICY CONFIRM DECISIONS REFINE POLICY MONITOR RESULTS APPROVE POLICY

  36. Institutional SEA • Situation Analysis • Stakeholder Analysis • Policy Analysis • Prioritisation of Issues • Preparation of Policy Matrix • Recommendations on Policy reform

  37. COMMUNITY MINING AREAS AND IMPACT ZONES

  38. POTENTIAL OPEN PIT MINES WITH EIAS 1 2 3

  39. CUMULATIVE EFFECTS 1 2 3

  40. 8th CASM Conference – BRASILIA – 6-12 October 2008 Challenges in Reform of ASM • Exclusion– disadvantaged, health care, low wages • Understanding – better data • Institutional Change – decentralisation,status of ASM • Knowledge-Building – training skills, market information • Accessing Finance – credit, equipment loans • Communication – right to be informed and consulted • Sustainability – livelihoods diversification Workshop 8 Policy Assessment and Development

  41. Thank You 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development

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