1. 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

2. 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.
million people depend on ASM for their livelihood.
Legal and Institutional Framework

3. 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

4. 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007
Activity Cycles
Legal and Institutional Framework

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. COMMUNITY MINING AREAS AND IMPACT ZONES

13. POTENTIAL OPEN PIT MINES WITH EIAS1 2 3

14. CUMULATIVE EFFECTS 1 2 3

15. 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007
The EIA-SEA-SA Family
Environmental
Impact
Assessment
Economic
Environment
Social
Legal and Institutional Framework

16. 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

17. 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

18. 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

19. 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

20. 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

21. 7th CASM Conference – ULLANBATAAR MONGOLIA – 7-12 September 2007
Thank You
Legal and Institutional Framework