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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?
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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.
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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
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
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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
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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:
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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.]
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