1. 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

2. WORKSHOP SEQUENCE Introduction Setting the Scene Presentations
8th CASM Conference – BRASILIA – 6-12 October 2008
WORKSHOP SEQUENCE
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. 8th CASM Conference – BRASILIA – 6-12 October 2008
SCOPE AND OBJECTIVES
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. Context ASM Represents:
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.
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
CASM Strategic Plan & Millennium Development Goals
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
Cycles in Mineral Activity
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. Legislative Hierarchy
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. Key Topics – National Level
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. Sustainable Mineral Development
8th CASM Conference – BRASILIA – 6-12 October 2008
Strong
Weak
Natural Resources (NR)
Economy
Social Welfare
Health
Environment
Workshop 8 Policy Assessment and Development

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

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

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

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

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

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

18. Policy Interactions Economy Social Welfare Health Environment
8th CASM Conference – BRASILIA – 6-12 October 2008
Global Economy / Markets
Large Scale Mining
ASM
NR Natural Resources
Economy
Social Welfare
Health
Environment
Workshop 8 Policy Assessment and Development

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

20. District/ Local Level Organisation Tenure
8th CASM Conference – BRASILIA – 6-12 October 2008
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
Workshop 8 Policy Assessment and Development

21. DETERMINING KEY ISSUES AND PRIORITIES FOR ACTION

22. Organisational Institutional Framework Framework
8th CASM Conference – BRASILIA – 6-12 October 2008
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
Workshop 8 Policy Assessment and Development

23. Preparing a Good Minerals Regime PRIORITIES FOR ACTION
8th CASM Conference – BRASILIA – 6-12 October 2008
Preparing a Good Minerals Regime PRIORITIES FOR ACTION
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?
Workshop 8 Policy Assessment and Development

24. KEY ISSUES

25. BUSINESS CLIMATE AND MINERAL DEVELOPMENT
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. BUSINESS CLIMATE AND SMALL SCALE MINING
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. PEOPLE ISSUES Mine Health and Safety Human Resource Development
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. OTHER KEY ISSUES Environmental Performance Standards
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
What is Strategic Environmental Assesment (SEA)?
“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. 8th CASM Conference – BRASILIA – 6-12 October 2008
The EIA-SEA-SA Family
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. 8th CASM Conference – BRASILIA – 6-12 October 2008
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
Workshop 8 Policy Assessment and Development

35. Typical Policy Formulation Process Introducing SEA to Policy
8th CASM Conference – BRASILIA – 6-12 October 2008
Typical Policy Formulation Process
Introducing SEA to 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
DEBATE DRAFT POLICY P
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 EIAS1 2 3

39. CUMULATIVE EFFECTS 1 2 3

40. Challenges in Reform of ASM
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