Legal and Institutional Framework for ASM 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Legal and Institutional Framework for ASM Peter Nelson Principal – Land Use Consultants UK

Context 15% of Non-fuel Mineral Production world-wide. 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Context 15% 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. Legal and Institutional Framework

Activity Cycles in ASM Political, Mining and Economic Cycles 7th CASM Conference – ULLANBATAAR - MONGOLIA – 7-12 September 2007 Activity Cycles in ASM 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 Legal and Institutional Framework

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Activity Cycles Legal and Institutional Framework

Legislative Hierarchy 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Legislative Hierarchy Law, policy, guidelines, national institutions NATIONAL Self-Administration in some countries REGIONAL District and Local Associations Self-Reliance DISTRICT LOCAL Legal and Institutional Framework

Key Topics – National Level 7th CASM Conference – ULLANBATAAR - MONGOLIA – 7-12 September 2007 Key Topics – National Level Macro-economic / Fiscal policies Poverty Reduction Strategies Mining Law and Policy Institutional Change Legal and Institutional Framework

Organisational Institutional Framework Framework 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Organisational Institutional Framework Framework 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 Legal and Institutional Framework

District/ Local Level Organisation Tenure 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 District/ Local Level 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 Legal and Institutional Framework

Communication Basic Aims -To: Inform Consult Involve Collaborate 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Communication Basic Aims -To: Inform Consult Involve Collaborate Empower Legal and Institutional Framework

Stakeholder Analysis High Level Engagement Modest influence 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Stakeholder Analysis High Level Engagement Modest influence High level Engagement Strong influence Low level Engagement Weak influence Low level Engagement Modest influence Legal and Institutional Framework

Goals in Public Participation 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Goals in Public Participation Makes a difference Voluntary Transparency, honesty and clarity about the purpose, Adequate resources, Appropriate participants, Accessibility – no one is excluded Accountability (to paymasters, facilitators and wider community) Power – to achieve results Increased learning and development International Association of Public Participation Legal and Institutional Framework

COMMUNITY MINING AREAS AND IMPACT ZONES

POTENTIAL OPEN PIT MINES WITH EIAS 1 2 3

CUMULATIVE EFFECTS 1 2 3

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 The EIA-SEA-SA Family Environmental Impact Assessment Economic Environment Social Legal and Institutional Framework

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 The EIA-SEA-SA Family Environmental Impact Assessment Strategic Environmental Assessment Economic Environment Social Legal and Institutional Framework

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 The EIA-SEA-SA Family Strategic Environmental Assessment Environmental Impact Assessment Sustainability Appraisal Economic Environment Social Legal and Institutional Framework

Role of Strategic Environmental Assessment (SEA) 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Role of Strategic Environmental Assessment (SEA) Assessing links between the environmental, social and economic effects of policies, plans and programmes and advising decision-makers accordingly Legal and Institutional Framework

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Tiering of SEA 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 Legal and Institutional Framework

Challenges in Reform of ASM 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 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

7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007 Thank You Legal and Institutional Framework