Oil, Gas, and Mining

Page 291

Box 9.8 Challenges Associated with Artisanal and Small-Scale Mining (ASM) Access to suitable deposits and security of tenure: Whereas small-holder farmers can gain recognized communal rights to land, small-scale miners must conform to the same principle established for industrial mining operations. This principle, often enshrined in national law, confers sole ownership rights to the state of all mineral endowments found within its given territory. The state then has the right to lease prospective mining areas to third parties capable of extracting these resources. Given the potential contribution such endowments can make to national development— whether through export earnings, taxes, or, to a lesser extent, employment and subsidiary business development—it is natural that the state would wish to control extractive activities. However, it can lead to a situation in which permit areas are prioritized for industrial mining. The effect of this is to leave artisanal and small-scale miners with few suitable areas to work, forcing encroachment onto industrial concessions, or worse, into protected areas such as national parks and reserves. When artisanal zones or areas are established, they often are an afterthought and prove to have few valuable resources suitable for small-scale development. Enforcement of mining codes and legislation: While governments have made significant strides in integrating ASM into legal instruments such as mining codes and legislation, there is still abundant work needed to enforce these instruments and to make people aware of the rights and opportunities conferred on them by legislation. Furthermore, there is continued need to strengthen the government institutions responsible for promoting ASM through capacity-building programs. Adequate market conditions: There is a critical gap that leads to the undercapitalization of mineral assets. In the absence of robust financing options, many ASM operations rely on prefinancing arrangements with buyers, which have both benefits and disadvantages. Access to finance: Whether access is through small revolving loan facilities, self-savings groups, local banks, local finance markets, or mining federations, this remains a significant policy challenge, requiring a much more robust and coordinated effort with other national ministries and the private sector to widen options. Lessons from Rwanda’s village banking

system have proven to be a suitable starting point for providing Rwanda mining cooperatives with entry level capital that could serve as a replication model elsewhere (Perks 2012). Environmental, social, and labor standards: The lack of enforced standards in most ASM areas remains one of the subsector’s largest and most critical areas of criticism. Despite efforts by international agencies such as the International Labour Organisation or the World Bank to develop mine site standards, few countries have sufficient mechanisms in place to enforce and monitor adherence. ASM marginalization explains further the lack of appropriate incentives and capacity to mine in a more environmentally and socially sensitive manner. Without effective formalization of the sector, adhering to industry standards remains economically unattractive for many operators. Market links: The International Institute for Environment and Development estimates that 15–20 percent of global minerals and metals derive from ASM (Buxton 2013, 3). Although globalization of mining processes is not new, it has led to new sourcing of raw materials in resource-rich but also more isolated areas of Sub-Saharan Africa, Latin and South America, and Southeast Asia. This more pronounced penetration of mineral buyers and small investors into isolated regions of the world gives rise to further concerns over how ASM is affected by these markets demands and how it accordingly responds. Piloted efforts to model clean supply chains, or fair trade minerals, are reemerging as a means to diffuse the principle of responsibility across the supply chain— companies, manufacturers, smelters, buyers and traders, and national governments. It is yet to be seen, however, whether such initiatives will be capable of driving deep structural change needed to the sector, as noted in the formalization framework. Natural resource management and biodiversity: The global rise in specific mineral prices, such as gold, has precipitated recent pockets of mining rushes worldwide. Some of these environments include previously untouched places that are ecologically sensitive, including protected areas and critical ecosystems such as arctic landscapes (Greenland), tropical rainforests (Brazil and Gabon), and coral reefs (the Philippines). Environmental impacts of mining methods—such as clear-cutting forests, river dredging, or use of toxic (Box continues on the following page)

CHAPTER 9: SUSTAINABLE DEVELOPMENT IMPLEMENTATION

271


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10.1 Environmental and Social Institutional Arrangements

3min
page 316

10.6 Response 3: Accountability—Stakeholder Consultation and Participation

3min
page 315

10.5 Response 2: Effective Implementation, Monitoring, and Enforcement

3min
page 314

10.4 Response 1: Appropriate and Adequate Rules

3min
page 313

Notes

6min
pages 303-304

9.11 Goal Setting and Community Participation

11min
pages 298-300

9.7 Summary and Recommendations

7min
pages 301-302

9.10 Social Impacts: Special Issues

3min
page 297

9.9 Essentials of a Good Environmental Protection Regime

19min
pages 292-296

9.8 Challenges Associated with Artisanal and Small-Scale Mining (ASM

3min
page 291

9.6 The Responses

7min
pages 289-290

9.7 Decommissioning and Environmental Protection Plans

3min
page 288

9.5 Tools: Legal and Regulatory

30min
pages 280-287

9.6 Potential Opportunities Generated by ASM

3min
page 279

9.5 Reframing the ASM Debate: Integrating It into the EI Value Chain

3min
page 278

9.3 The Deepwater Horizon Oil Spill

11min
pages 273-275

Areas and Critical Ecosystems (PACE

7min
pages 276-277

9.4 Challenge 2: Environmental and Social Impacts

4min
page 272

9.2 Objectives of the Parties to an Infrastructure Project

2min
page 271

9.1 Liberia: Open Access Regime in Mineral Development Agreements

11min
pages 268-270

Investments Create Positive and Sustainable Impacts

23min
pages 262-267

9.2 Two Key Challenges

3min
page 261

8.4 Civil Society–Led Initiatives

3min
page 252

8.5 Private Sector–Led Initiatives

3min
page 253

8.6 Emerging Global Norms and Standards

3min
page 251

8.3 The Seven Requirements of the EITI Standard

5min
pages 249-250

8.5 Transparency Initiatives

3min
page 248

8.2 EIs and Social Accountability

2min
page 247

8.4 Challenges and Special Issues

3min
page 244

8.1 Balancing Transparency Interests: Opposing Dodd-Frank

7min
pages 245-246

Other Resources

1min
pages 238-240

8.2 Definition and Scope

3min
page 242

8.3 The Benefits of Transparency

3min
page 243

Notes

8min
pages 232-233

7.4 Examples of Revenue-Sharing Formulas

17min
pages 226-230

7.9 Revenue Allocation and Subnational Issues

3min
page 225

7.8 Spending Choices and Use of Government Revenues

16min
pages 221-224

7.7 Alternative Means of Addressing Volatility

4min
page 220

7.6 Addressing Volatility: Stabilization Funds

3min
page 218

7.3 Stabilization Funds: The Experience of Chile

3min
page 219

7.5 Alternative Means of Addressing Fiscal Sustainability

7min
pages 216-217

7.2 Savings Funds: Four Examples

6min
pages 214-215

7.3 Consume or Save?

10min
pages 205-207

6.5 What a Well-Designed Fiscal Regime Must Do

3min
page 197

7.1 Botswana and Chile: Experiences with Fiscal Rules

3min
page 208

7.2 Why Revenue Management is Difficult

3min
page 204

6.4 Routine Tax Administration: Challenges

7min
pages 194-195

6.7 Summary and Recommendations

3min
page 196

6.6 EI Fiscal Administration

3min
page 193

6.5 Special EI Fiscal Topics and Provisions

27min
pages 186-192

6.3 Elements for Action on Taxation of Transfer of EI Interest

3min
page 185

6.4 Main Fiscal Instruments under a Fiscal Regime

20min
pages 175-179

6.1 Forms of State Participation

13min
pages 180-183

6.2 Key Fiscal Objectives

13min
pages 170-173

6.3 The Main Types of EI Fiscal Systems

3min
page 174

5.4 Summary and Recommendations

3min
page 164

5.8 Unitization in Maritime Waters

32min
pages 156-163

5.6 Petroleum Sector Reform in Brazil

3min
page 150

5.5 Petroleum Reform in Colombia

3min
page 149

5.1 Institutional Structure: The Ministry and the Regulatory Agency

22min
pages 138-143

5.2 Mining Participation

3min
page 144

5.2 Organization in the Public Interest

5min
pages 136-137

5.3 NRC Success Stories

11min
pages 145-147

5.4 Petroleum Technical Assistance to South Sudan

3min
page 148

Notes

12min
pages 128-130

4.13 Taking Action: Recommendations and Tools

4min
page 127

4.12 Summary

4min
page 126

4.11 Disputes: Anticipating and Managing Them

8min
pages 122-123

4.11 Claims under Bilateral Investment Treaties (BITs

7min
pages 124-125

4.10 Contract Negotiations

3min
page 121

4.10 The Four Main Forms of Stabilization Clause

3min
page 120

4.9 Investment Guarantees: Stabilization

4min
page 119

4.8 Why Regulations Are Necessary

7min
pages 117-118

4.9 Geodata

23min
pages 111-116

4.7 The Award of Contracts and Licenses

3min
page 110

4.6 Contractual Provisions for Natural Gas

16min
pages 104-107

4.7 Model Mining and Development Agreement

3min
page 108

4.5 Local Benefit: The Kazakhstani Experience

7min
pages 102-103

4.4 Local Benefit

3min
page 101

4.8 Practices to Avoid

3min
page 109

4.6 Contracts and Licenses

31min
pages 93-100

4.5 Hydrocarbons and Mining Laws

27min
pages 86-92

4.3 Deep-Sea Mining

3min
page 85

4.2 Licensing across Shifting International Borders

3min
page 84

4.4 Policy Priorities

11min
pages 81-83

4.3 Eight Key Challenges

3min
page 80

4.1 Sovereignty over Natural Resources

3min
page 79

4.2 Getting Started: Facts of EI Life

3min
page 78

Other Resources

4min
pages 73-76

3.4 Convergence of Mining and Hydrocarbons?

16min
pages 67-70

3.3 Key Differences of the Industries

7min
pages 62-63

3.2 Features Specific to the Oil and Gas Sectors

2min
page 65

3.1 Key Differences between the Petroleum and Mining Sectors

3min
page 64

3.2 Common Features of the Industries

7min
pages 60-61

References

13min
pages 53-56

Other Resources

1min
pages 57-58

Notes

8min
pages 51-52

2.6 Conclusions

4min
page 50

1.2 The EI Value Chain

11min
pages 31-33

1.5 Our Approach

3min
page 34

1.4 Bridging the Knowledge Gap

3min
page 30

2.2 The Opportunities Arising from Resource Abundance

8min
pages 40-41

2.1 Changing Perspectives: Reframing the ASM Debate

3min
page 42

1.2 The Demand for Knowledge

4min
page 24

2.4 Understanding the Challenges: Changing Perspectives

8min
pages 47-48

2.5 Applying New Insights

4min
page 49
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