SOCIAL POLICY GUIDELINES FOR MINING SECTOR IN AFGHANISTAN Harjot Kaur Senior Social Development Advisor, Ministry of Mines

Social Policy Guidelines Government intends to develop minerals sector in a way that it generates economic prosperity in the country along with sustainable development benefitting the local communities. With this perspective, Ministry of Mines has designed social policy guidelines based on the lessons learnt from the Aynak Copper mine project and other major projects in the infrastructure sectors.  This involves host of social issues like land acquisition, resettlement of affected communities, income restoration, employment generation etc.

Social Policy Guidelines  Social policy Guidelines have also taken into account the international best practices and lessons learnt in community development and poverty reduction programs linked to mineral extraction  Social Policy Guidelines also provide guidance how these lessons can be adapted to the Afghan situation to provide a tool to the government and to private mining companies to increase benefits from mining for local population.

Mining Sector- Catalyst to Growth Afghanistan is bestowed with a rich mineral wealth and over the next few decades the mining industry in Afghanistan is set to grow in a big way. Mining will be the primary mover of economic prosperity and growth in the country as well as the main source of revenue for the national government.  Ministry of Mines is committed towards sustainable social development of the areas around mining sites by providing maximum benefits to the local population.

Existing Legal Policy Framework  The existing legal and policy framework provides for a strong basis for a more comprehensive and focused social policy framework for mining sector in the country.  Afghanistan National Development Strategy (ANDS) mentions the potential of the mining industry to generate employment and accelerate development in rural areas. Legislation, Policies and Programs of Ministry of Mines provide a strong legislative framework to encourage private sector investment in the extractive industry in Afghanistan.

Existing Legal Policy Framework  Law on Managing Land Affairs (2008) is aimed at creating a unified, reliable land management system to resolve the problems and issues caused by the different land management and title systems.  The proposed new Land Expropriation Law has many important provisions related to acquisition of land for public interest and payment of compensation at fair value based on the current market rates etc.  The land Policy policy envisions the maximization of social and economic benefits to the Afghan society based upon the orderly and sustainable use of its most important natural resource-land.

Need for Social Policy Guidelines The policy will further strengthen the Government’s role to ensure community development in the project areas and in implementing strategies for mitigation, avoidance and enhancement of impacts of mining on local communities.  It will provide guidance for social development in the project areas for the betterment of the living conditions of the communities and for decent working conditions for workers, vocational training and employment generation.  They are intended as a basis for the formulation of a unified policy and framework for social development to enable long term sustainable community development for present and future mining projects of the country.

Objectives of Social Policy  Enhance social and economic development by seeking opportunities to address poverty.  Contribute to community development through benefit sharing mechanisms  Community consultation and involvement in the process of development  Contribute to mitigate negative social impacts of the project especially on the project affected communities  Prevent or compensate any loss of assets and livelihood;  Enhance positive environmental and social outcomes and Protect human health;  Engagement with women and other marginalized sections

Land Acquisition Laws  Land acquisition in Afghanistan like most other developing countries is a strategic and systemic problem.  This has been surfacing in many sectors especially around infrastructure, rehabilitation and development projects.  This problem has been further accentuated by the fact that the laws relating to land do not effectively address the issues of land acquisition and compensation.  Therefore government needs to make more effective laws on land acquisition and compensation

Land Acquisition and Compensation  In case of Aynak the process of land acquisition has been very long drawn  This is mainly because land acquisition process and compensation are not well laid out in related legislation and policies  There is a need to start the process of land assessment and negotiation with the communities well in advance to avoid delays and complaints  There is a need to fix up a cut off date to avoid influx of people to the affected area for claiming compensation

Resettlement of local Communities  Companies should start the process of consultation with affected communities before they start the exploration work.  Such negotiations could continue throughout the life of the mine and communities should be invited to participate fully in decision making in the mine activities.  This helps to improve communication with the communities and their trust in government and the mining company.  This also helps to get much better cooperation from the local communities in the project activities.

Employment Generation  Efforts should be made to employ as many people from the local communities to work in the project  The hiring process should be fair and transparent  This helps to generate a sense of belonging towards the project by the local people.  Since the local people are employed in the project, their stakes are involved and they give their full support for the success of the project

Income Restoration  As relocation involves loss of land and other sources of income to the affected persons, there is a need to devise alternate means of livelihood before their relocation is planned  Delays in providing alternate means of livelihood can create lot of unrest and dissatisfaction among the local communities  The alternate means of livelihood need to be planned in a manner that the communities either have the same standard of living or are better off than earlier

Social Protection for Mine Workers  The mining companies must ensure implementation of core labor standards protecting labor rights  The workers must be provided with proper working conditions, adequate wages, leave, etc.  The mining company needs to plan out social protection measures for the mine workers like medical support, insurance, pension and develop programs for welfare of the workers and their families.  Mining companies must provide training to workers on safety techniques to prevent work & production related accidents and occupational diseases.

Vocational Training  There is lack of skilled labor to work in the mining projects in the country.  The mining company needs to make adequate arrangements for providing skill training to the local workers.  The international mining companies should also transfer skills to the local communities for sustainable development

Development of Resettlement Site  Government has to play a proactive role in rehabilitation of the affected communities especially in developing the resettlement site  All facilities for education, medical care, drinking water, sewage, etc needs to be properly planned and provided for in the resettlement site before the communities are moved there  To ensure community engagement they need to be consulted throughout the process of development of the resettlement site regarding their requirements at the site.

Thanks