Nelson Policy Assessment And Development
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Transcript of Nelson Policy Assessment And Development
Workshop 8Workshop 8 Policy Assessment and Policy Assessment and
DevelopmentDevelopmentPeter Nelson - FacilitatorPeter Nelson - Facilitator
Principal – Land Use ConsultantsPrincipal – Land Use Consultants
UKUK
8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
WORKSHOP SEQUENCEWORKSHOP SEQUENCEIntroduction Setting the ScenePresentations SIERRA LEONE - Jonathan Pell MONGOLIA - Batsaikhan Usukh MADAGASCAR - Olivier Razafimandimby Comments on Country Experience from other
participantsGroup Review
- Defining the Key IssuesDiscussion
- What can CASM do to assist reform, development and assessment of mineral policies?
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
SETTING THE SCENESETTING THE SCENE
SCOPE AND OBJECTIVESSCOPE 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
ContextContext
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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
CASM Strategic Plan & Millennium CASM Strategic Plan & Millennium Development GoalsDevelopment Goals
Goal 1 : Eradicate Extreme Hunger and PovertyGoal 2 : Achieve Universal Primary EducationGoal 3 : Promote Gender Equity and Empower
WomenGoal 4: Reduce Child MortalityGoal 5: Improve Maternal HealthGoal 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
Cycles in Mineral ActivityCycles 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 DevelopmentWorkshop 8 Policy Assessment and Development
Activity CyclesActivity Cycles
Output Large Mining
ASM
Conflict
Years
8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Legislative HierarchyLegislative 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
Key Topics – National LevelKey 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 DevelopmentWorkshop 8 Policy Assessment and Development
Sustainable Mineral DevelopmentSustainable Mineral Development8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Natural Resources (NR)
Economy
Social Welfare
Health
Environment
Weak Strong
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Large Scale Mining
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Social / Environmental/
Sector Policies
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Social / Environmental/
Sector Policies
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
Large Scale Mining ASM
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
ASM
Policy InteractionsPolicy Interactions8th CASM Conference – BRASILIA – 6-12 October 2008
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
Global Economy / Markets
GOVERNMENT
Macro-economics
Finance / Legal/
Social / Environmental/
Sector Policies
Large Scale Mining
NR Natural Resources
Economy
Social Welfare
Health
Environment
ASM
District/ Local LevelDistrict/ 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
DETERMINING KEY ISSUES AND DETERMINING KEY ISSUES AND PRIORITIES FOR ACTIONPRIORITIES FOR ACTION
OrganisationalOrganisational Institutional Institutional FrameworkFramework FrameworkFramework
• 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
Preparing a Good Minerals RegimePreparing a Good Minerals RegimePRIORITIES FOR ACTIONPRIORITIES FOR ACTIONA. Preparing a good Minerals Policy?, B. Introducing a Comprehensive Minerals Law and RegulationsC. 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
KEY ISSUESKEY ISSUES
• 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
BUSINESS CLIMATE AND BUSINESS CLIMATE AND MINERAL DEVELOPMENTMINERAL DEVELOPMENT
• Participation in ownership?
• Information access
• Technical Assistance,
• Regulation,
• Safety Standards,
• Environmental Management
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
BUSINESS CLIMATE AND BUSINESS CLIMATE AND SMALL SCALE MININGSMALL SCALE MINING
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
PEOPLE ISSUESPEOPLE 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
OTHER KEY ISSUESOTHER KEY ISSUES• Environmental Performance Standards• International / Cross Border Cooperation• Governance:
– Regulation and Promotion,– Role of National, Provincial and Municipal
government,– Stakeholder Consultation
STRATEGIC ASSESSMENTSTRATEGIC ASSESSMENT
What is Strategic Environmental What is Strategic Environmental Assesment (SEA)?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
The EIA-SEA-SA FamilyThe EIA-SEA-SA Family
Environment
Social
Economic
Environmental
Impact
Assessment
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
The EIA-SEA-SA FamilyThe EIA-SEA-SA Family
Environment
Social
Economic
Environmental
Impact
Assessment
Strategic
Environmental
Assessment
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
The EIA-SEA-SA FamilyThe EIA-SEA-SA Family
Environment
Social
Economic
Environmental
Impact
Assessment
Strategic
Environmental
Assessment
Sustainability
Appraisal
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
Tiering of SEATiering 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 DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008
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
Institutional SEAInstitutional SEA
• Situation Analysis
• Stakeholder Analysis
• Policy Analysis
• Prioritisation of Issues
• Preparation of Policy Matrix
• Recommendations on Policy reform
COMMUNITY MINING AREAS AND IMPACT ZONES
1
2
3
POTENTIAL OPEN PIT MINES WITH EIAS
1
2
3
CUMULATIVE EFFECTS
Challenges in Reform of ASMChallenges 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 DevelopmentWorkshop 8 Policy Assessment and Development
Thank YouThank You
Workshop 8 Policy Assessment and DevelopmentWorkshop 8 Policy Assessment and Development
8th CASM Conference – BRASILIA – 6-12 October 2008