opening page

theme          programme          messages         speakers          abstracts          organizers 

participants          field trip          gallery           organizing team           venues

summary statement     

  
  



o Workshops o

simultaneous workshops 1, 2, 3 
   and facilitators' workshop
Overall Workshops Facilitator: Edgardo Garcia Larralde

Workshop Questions:

What are the key lessons learned from the learning event on the nature and dynamics of conflict of interests and multi-stakeholders consensus building on ASM for - 
     (a) government, 
     (b) small-scale miners (or their communities), 
     (c) the rest of the industry, and 
     (d) the rest of society?  
What are the opportunities and solutions for harmonizing state and community interests in ASM in the Asia-Pacific Region?


 

WORKSHOP 1
Facilitator: Colin Filer

A. What are the key lessons learned from the learning event for 
   (a) government, 
   (b) small-scale miners (or their communities), 
   (c) the rest of the industry, and 
   (d) the rest of society?

For government -

  • Government policies and actions should be designed to PROMOTE as well as to control the sector.

  • National governments should recognize the contribution of the sector to LOCAL LIVELIHOODS AND LOCAL GOVERNMENT. A well-managed ASM sector can contribute to GOVERNMENT REVENUES, LOCAL ECONOMIC DEVELOPMENT and POVERTY ALLEVIATION in many ways.

  • Government policies for the sector have to be framed by the principles of GROWTH, EQUITY, AND SUSTAINABILITY.

  • The negative environmental, social or human impacts of ASM activities may be the result of the sector being IGNORED altogether.

  • Policies to promote the sector need to be effectively IMPLEMENTED. Some of the laws and regulations applied to the sector are UNREALISTIC (e.g. RA 7076).

  • National governments should develop the capacity to LEARN FROM EACH OTHER to establish what policies are likely to work in their own countries (PNG provides some useful lessons here).

  • OVERLAPPING OR CONFLICTING LAWS prevent sustainable development of the ASM sector.

  • The clarification and integration of PROPERTY RIGHTS is key to success in the development of effective partnerships in the ASM sector.

  • Clarification of distinction between LEGAL AND ILLEGAL MINING should be designed to legalise all sustainable activities within the sector.

  • There is a need to recognize the difference between local communities which are WHOLLY OR ONLY PARTLY DEPENDENT on ASM activities for their livelihoods.

  • TRI-SECTOR PARTNERSHIPS and RESPONSIBLE MINING PLANS can facilitate sustainable development of the ASM sector.

  • Government needs to provide or facilitate effective institutions for the FORMAL REPRESENTATION of the interests of small-scale miners.

  • Government should be (and appear to be) NEUTRAL in balancing the interests of the small- and large-scale mining sectors, and minimize the risk of OPEN CONFLICT between the two sectors.

  • To promote the development of the ASM sector, government should remove UNNECESSARY RED TAPE from the licensing or titling process.

  • A policy consensus cannot be built without TRUST AND SOCIAL CAPITAL.

For small-scale miners -

  • The regulation of CHILD LABOUR should not be a pretext for the elimination or marginalisation of WOMEN within the ASM sector.

  • WOMEN have special needs and concerns within the ASM sector.

  • Miners understand that their activities can have significant ENVIRONMENTAL, SOCIAL AND HEALTH IMPACTS.

  • New techniques need to be adopted to REDUCE THE HEALTH HAZARDS posed by use of mercury or other toxic substances.

  • Many of the social and environmental issues in the ASM sector (e.g. gender equity) are SHARED WITH OTHER SECTORS.

  • ASM activities have to be understood in their local CULTURAL AND HISTORICAL CONTEXT.

  • ASM communities should receive PUBLIC GOODS AND SERVICES in proportion to their contribution to the local or national economy.

  • ASM communities need more INFORMATION, AWARENESS AND EDUCATION.

  • Miners can improve their environmental performance by SHARING IDEAS ABOUT TECHNOLOGY.

  • The main threat to ASM communities is the combination of GOVERNMENT REPRESSION, EXPROPRIATION BY LARGE-SCALE COMPANIES, and UNCONTROLLED MIGRATION.

  • ASM activities which are both TRADITIONAL AND SUSTAINABLE need to be actively preserved and encouraged, while MIGRANT MINERS or others who are new to the sector are the ones who need to raise their game.

  • The PROPERTY RIGHTS of ASM communities need to be respected by all other stakeholders in the sector.

  • Miners must ORGANISE THEMSELVES, establish MUTUAL LEARNING NETWORKS, and mechanisms for INTERNAL CONFLICT RESOLUTION, in order to negotiate a better deal from government and other stakeholders.

For rest of industry - 

  • Bigger companies have the resources to support the sustainable development of the ASM sector, by helping to introduce and disseminate BETTER TECHNIQUES AND PRACTICES, and providing assistance with PROCESSING AND MARKETING.

  • Coexistence of the large- and small-scale sectors is NOT A THREAT, but an OPPORTUNITY for both of them.

  • The large-scale sector needs to have a better understanding of its LOCAL SOCIAL AND CULTURAL ENVIRONMENT, and a better capacity to engage local communities in PARTICIPATORY PROCESSES.

  • The industry needs to uphold and apply its own principles of CORPORATE SOCIAL (AND ENVIRONMENTAL) RESPONSIBILITY in dealing with other stakeholders.

  • EMPLOYMENT AND SUB-CONTRACTING ARRANGEMENTS that link the two sectors should be based on principles of social justice.

  • The USE OF VIOLENCE against local communities or small-scale miners will always/normally be counter-productive for everyone.

For rest of society - 

  • CROSS-SECTORAL OR MULTI-STAKEHOLDER PARTNERSHIPS can help to improve the technical and environmental performance of the ASM sector.

  • Other stakeholders can function as a ‘CONSCIENCE BLOCK’, or mobilize PUBLIC OPINION, in support of resolving conflicts within ASM communities, harmonizing the interests and performance of the large- and small-scale sectors, or reconciling the interests of small-scale miners with those of government.

  • Other stakeholders can make a distinctive contribution to both RESEARCH on the ASM sector and the TRAINING AND EDUCATION of small-scale miners.

B.  What are the main obstacles to moving forward in the ASM sector?

  • GOVERNMENT POLICIES that favor or focus on the large-scale sector to the neglect of the ASM sector.

  • LACK OF RESEARCH, INFORMATION, OR PUBLIC AWARENESS about the livelihoods of small-scale miners and their families or communities (especially the needs, interests and activities of women and children).

  • Conflict or overlap between PROPERTY RIGHTS of the small- and large-scale sectors.

  • Absence of clear distinction between LEGAL AND ILLEGAL activities, and conflict between ‘legal’ and ‘illegal’ operators.

  • Failure of actors in both large- and small-scale sectors to meet their SOCIAL AND ENVIRONMENTAL OBLIGATIONS.

  • Lack of popular CONFIDENCE IN GOVERNMENT because of government’s failure or inability to implement its own policies.

  • Failure of government to recognize the potential ECONOMIC BENEFITS AND TAX REVENUES which can be derived from the ASM sector.

  • Lack of stable sources of CAPITAL OR CREDIT for financing sustainable operations in the ASM sector.

  • Lack of institutions or instruments to improve TECHNICAL PERFORMANCE of ASM operations.

  • High levels of uncertainty, high transactions costs, and lack of TRANSPARENCY AND ACCOUNTABILITY in the mining sector as a whole (Indonesia).

  • CONFLICTS OF INTEREST between government, industry and local communities, along with lack of institutions for resolving these conflicts.

  • LOCAL CUSTOMS OR TRADITIONS (e.g. child labour) which are inconsistent with principles of social justice or sustainable development.

C.  What are the opportunities for each group of stakeholders 
      to move forward (or do things better)?

For government -

  • To increase (or maximize) economic benefits or revenue streams from the ASM sector.

  • To adopt and apply best practice models for streamlining the issue of ASM licences and permits.

  • To make better use of existing laws and policy frameworks.

  • Inter-agency coordination to improve community access to basic services.

  • Decentralisation of policy-making and management functions to most appropriate or effective level of government (subsidiarity).

For small-scale miners -

  • Existence of traditional/indigenous models for sustainable ASM practices.

  • To formalize and support community-based institutions or associations for management of the sector.

  • To learn from positive community experience and practice in other countries (e.g. relating to gender issues).

  • To take advantage of international policies or conventions relating to social justice, gender equity, human rights, etc.

  • Preservation, learning and promotion of alternative mining techniques.

For rest of industry -

  • Collaboration and consensus building between large- and small-scale sectors.

  • Mutual learning and sharing of experience to improve social and environmental performance.

  • Integration of ASM (where possible) in all stages of large-scale mining project cycle.

  • Mechanisms for transfer of abandoned large-scale mines to control of ASM sector.

For rest of society -

  • Existence of technical or research institutions which can provide education or build capacity for the ASM sector (as well as other sectors).

  • Collection and dissemination of information to raise public awareness of sectoral issues.

D.  What specific steps can be taken in the immediate future?

  • To establish a public perception of government’s neutrality or even-handedness in treatment of different or conflicting interests in the sector (legitimacy).

  • All stakeholders to demonstrate willingness to enter into policy dialogue with other stakeholders.

  • To establish better networks for sharing information and advocating better policies and better practices for the sector, with particular reference to existing indigenous or traditional mining practice.

  • Preserve, advocate and disseminate existing models of indigenous/traditional good practice in the ASM sector by linking local, national and international institutions

  • To review capacity of existing policy frameworks to formalize relationships between relevant sectors and institutions, including different levels of government.

  • Establish more opportunities or venues for the sharing g of relevant knowledge and experience within and between different countries of the region.

  • Review consistency of national policy and practice with international standards and conventions.

  • Establishment of financing and capacity-building institutions for the ASM sector.
      

back to top     

  
WORKSHOP 2
Facilitator: Augusto Gatmaytan

A.  Key lessons learned

1. ASM can and should be legalised

  • Government should enact appropriate, supportive attractive laws

  • miners and indigenous groups should participate in drafting laws and regulations

  • miners should get permits (but permits should be made attractive for them)

  • others to cooperate in discussion and drafting of laws

2. ASM and large companies can co-exist

  • government should promote this concept

  • Civil society can give more attention to this

  • Companies should realize the importance and rights of ASM, and should participate in dialogues

3. Government tends to protect interests of large companies

  • government should adopt a balanced, positive approach or attitude

  • Civil society to lobby in support of ASM

4. ASM can be environmentally destructive, and may pose health and sanitation problems

  • government should more aggressively monitor local conditions and activities

  • Civil society can contribute through training and research, and information dissemination

  • Large companies can lend technical support to ASM

5. Women are disadvantaged, and their contributions not fully recognized or considered

  • government should integrate gender sensitive provisions into their laws, regulations

  • NGOs or civil society can help through education, training and information dissemination

  • ASM should consider measures for addressing gender-bias

6.      ASM needs technical and other assistance

  • Civil societies can help through organizing, provision of training in health, sanitation, environmental protection

  • The academe should offer special or short courses on ASM

7. Illegal trading of minerals and metals by ASM

  • Government should simplify buying schemes for ASM 

8. Some ASM are empowered

  • government to support ASM associations and their activities

  • ASM should explore formation of federations (provincial, regional, national, international), and representation in government and other fora

  • ASM groups should share information with others

  • Civil society to support group activities of ASM, including community organizing

9. ASM is a major contributor in terms of employment and mineral production

B.  Obstacles

  • Cultural attitudes
  • Existing, contradictory or lack of laws, regulations, some of which impose burdensome bureaucratic requirements
  • Presence of existing mining rights (large mining companies)
  • Government bias towards large scale mining and their interests
  • Corporate and government attitude towards ASM
  • Migration into small scale mining areas
  • Lack of government supervision
  • Inadequate education and training on the part of ASM, government, and other stakeholders
  • Some companies and ASM groups have a negative attitude towards the government

C.  Opportunities

  • Availability of resources suitable for ASM
  • Potential economic contribution of ASM in terms of employment, production, rural development (even though no taxes may be paid)
  • Opportunities for empowerment (knowing their rights and obligations)
  • Technological advances or improvements

D.  Specific Steps that Can be Taken

  • Education and training (specially health and safety issues)
  • Dialogues between stakeholders
  • Organizing of ASM groups/communities
  • Enact or harmonize appropriate laws or regulations
  • Simplified licensing scheme (“one stop shop”)
  • Allocation of mineral revenues for reclamation/rehabilitation of ASM areas
  • Information dissemination (tri-media, leaflets, booklets, posters)
  • Inform donor agencies of ASM issues
  • Government should improve access to health and social services
      

back to top    

   
WORKSHOP 3
Facilitator: Trevor Neale

GOVERNMENT

1. None? Government not good listener in the past. Why now?

  • Need for better implementation of laws & governance
  • “Govt. gives us clothes but does not let us to wear them”

2.  Unclear definition of SSM. Need better definition.

  • ASM must be recognised and regularized:
  • ASM generates revenue and income but does not generate taxes etc.
  • - ASM is important employer

SMALL SCALE MINERS

  • ASM is a significant contributor to the rural economy, a big employer but is not recognised

  • If given control over resources (regularized), there will be better environmental performance and OH&S

  • With education and training – better working conditions & performance

  • Women make significant contributions in ASM

  • Want to be good citizens

MEDIUM/ LARGE SCALE MINERS

  • Synergy between large/medium and small-scale miners is possible
  • Good partnership with small-scale miners is good business
  • Lot of hostility toward Large and medium scale miners

OTHERS

  • Have a role to play in the recognition & support of ASM issues

- NGOs - Academics – help with data
- International agencies and institutions
- Adjacent communities
- Environmental groups
- Religious sector

OBSTACLES

1.  Strong polarization between ASM and large mines

  • Lack of recognition
  • Conflicting laws
  • Inappropriate laws
  • Conflicting land use & ownership
  • Lack of information & lack of access to information
  • No technical assistance
  • Lack of representation in the national level
  • Lack of access to finance

OPPORTUNITIES

  • Dialogue among all parties (LMS – ASM – GOVT)
  • ‘Bottoms up’ approach <>Ongoing consultation on legislation & policy

- Representation in mining industry organisation

  • To promote equal opportunity to all (women and men) in the following areas

- Land, Employment, Representation
- Education/basic services
- Access to finance
- Infrastructure
- Benefits from mineral resource

SPECIFIC STEPS

1.  Build and strengthen organisations to represent ASM e.g. (National or local ASM association)

  • Build local and international support for ASM organisations (eg politicians, press, CASM, ILO, industry)
  • Creation of CASM Asia Pacific Network with appropriate support from CASM & ANU

- Website
- Exchange of information

 

   back to top     

   
Result of the Facilitators' workshop - 

NEXT STEPS OR INVITATIONS

1. Sharing and dissemination of information:

  • Establish better networks and media for sharing information and advocating better policies and better practices for the sector.

  • Establish more opportunities or venues for the sharing of relevant knowledge and experience within and between different countries of the region.

  • Advocate and disseminate existing models of good practice in the ASM sector through the information network.

  • Advocate ASM issues to donor agencies and non-government organizations, as well as to government agencies.

2. Consensus building processes:

  • Establish public perception of government’s neutrality or even-handedness in treatment of different or conflicting interests in the sector (legitimacy).

  • Encourage stakeholders to demonstrate willingness to enter into policy dialogue with each other.

3. Review of existing national policy and practice:

  • Scope for simplification of permitting or licensing schemes.

  • Scope for elimination of overlaps or inconsistencies in regulation.

  • Provisions for organization/representation of ASM groups/communities.

  • Capacity to formalize relationships between relevant sectors and institutions, including different levels of government.

  • Consistency with international standards and conventions.

  • Financing and capacity-building institutions for the ASM sector.

  • Provision of health and social services (including education & training schemes) for ASM communities.

  • Allocation of mineral revenues for reclamation/rehabilitation of ASM areas.

  • [Tax regimes and financial incentives for good practice.]

  • [Integration of customary institutions or practices into formal policy frameworks.]

back to top