Policy Assessment

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Peter Nelson, Land Use Consultants UK, Policy Assessment and Development

Peter Nelson, Land Use Consultants UK, Policy Assessment and Development

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  • 1. Workshop 8 Policy Assessment and Development Peter Nelson - Facilitator Principal – Land Use Consultants UK 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development
  • 2. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 3. SETTING THE SCENE
  • 4. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 5. Context
    • ASM Represents:
    • 15-20% 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.
    Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 6. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 7. 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
    8th CASM Conference – BRASILIA – 6-12 October 2008 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 NATIONAL REGIONAL DISTRICT LOCAL Law, policy, guidelines, national institutions Self-Administration in some countries District and Local Associations Self-Reliance Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 10. Key Topics – National Level
    • Macro-economic / Fiscal policies
    • Poverty Reduction Strategies
    • Mining Law and Policy
    • Institutional Change
    • Energy Supply/Demand
    • Climate Change
    • Environment
    8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development
  • 11. Sustainable Mineral Development 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Weak Strong Environment Health Social Welfare Economy Natural Resources (NR)
  • 12. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Large Scale Mining
  • 13. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Large Scale Mining Environment Health Social Welfare Economy NR Natural Resources
  • 14. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Large Scale Mining Environment Health Social Welfare Economy NR Natural Resources
  • 15. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Large Scale Mining Environment Health Social Welfare Economy NR Natural Resources
  • 16. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Large Scale Mining Environment Health Social Welfare Economy NR Natural Resources
  • 17. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets Large Scale Mining ASM
  • 18. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets Large Scale Mining ASM Environment Health Social Welfare Economy NR Natural Resources
  • 19. Policy Interactions 8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development Global Economy / Markets GOVERNMENT Macro-economics Finance / Legal/ Social / Environmental/ Sector Policies Large Scale Mining ASM Environment Health Social Welfare Economy NR Natural Resources
  • 20. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 21. DETERMINING KEY ISSUES AND PRIORITIES FOR ACTION
  • 22. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 23. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 24. KEY ISSUES
  • 25.
    • 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 8th CASM Conference – BRASILIA – 6-12 October 2008 BUSINESS CLIMATE AND MINERAL DEVELOPMENT
  • 26.
    • Participation in ownership?
    • Information access
    • Technical Assistance,
    • Regulation,
    • Safety Standards,
    • Environmental Management
    Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008 BUSINESS CLIMATE AND SMALL SCALE MINING
  • 27. Workshop 8 Policy Assessment and 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
  • 28. Workshop 8 Policy Assessment and Development 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
  • 29. STRATEGIC ASSESSMENT
  • 30. 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
    8th CASM Conference – BRASILIA – 6-12 October 2008
  • 31. The EIA-SEA-SA Family Environment Social Economic Environmental Impact Assessment Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 32. The EIA-SEA-SA Family Environment Social Economic Environmental Impact Assessment Strategic Environmental Assessment Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 33. The EIA-SEA-SA Family Environment Social Economic Environmental Impact Assessment Strategic Environmental Assessment Sustainability Appraisal Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 34. 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 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 35. Typical Policy Formulation Process DEFINE THE PROBLEM SUMMARISE KEY ISSUES SET OUT A GOAL / VISION DEVELOP POLICY OPTIONS DRAFT POLICIES DEBATE DRAFT POLICY APPROVE POLICY REFINE POLICY Introducing SEA to Policy Formulation Process SCOPE BASELINE ANALYSIS ALTERNATIVES MONITOR RESULTS PREPARE REPORT CONFIRM DECISIONS P P P 8th CASM Conference – BRASILIA – 6-12 October 2008
  • 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. 1 2 3 POTENTIAL OPEN PIT MINES WITH EIAS
  • 39. 1 2 3 CUMULATIVE EFFECTS
  • 40. 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
    8th CASM Conference – BRASILIA – 6-12 October 2008 Workshop 8 Policy Assessment and Development
  • 41. Thank You Workshop 8 Policy Assessment and Development 8th CASM Conference – BRASILIA – 6-12 October 2008