Mining Community Development Agreement

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From the conference room to the classroom to the street, increased competition for the status quo has created a dynamic of serious change. While some advocacy campaigns have called for an end to mining, others aim to bring greater benefits to mining-affected communities and mineral-rich countries. Key issues included the controversial relocation of pastoralist families from the 8× 10 km mining permit area and the loss of the spring that served as the main source of irrigation for livestock. Secondary issues included eligibility and resettlement programs, as well as community compensation, including employment, education and district development. The social impact has focused on livelihoods, economic damage, alternative sources of income and recognition of land rights. Environmental impact was a visual and tangible concern regarding groundwater abstraction, pasture degradation, the impact of dust on human and animal health, and soil fragmentation resulting from mining infrastructure (roads, quarries and airports). Another, more nebulous and sensitive issue was the ability to maintain traditional mobile pastoral livelihoods and customs in the face of decades of mining disruption. These benefit-sharing agreements are often governed by agreements between the investor and the municipalities affected by the project. In some contexts, particularly in mining and forestry projects, governments are increasingly imposing legal requirements on companies to bring benefits to local communities. In response to these demands, legal requirements for community development in the mining sector have increased exponentially over the past 15 years. However, the existence of legal requirements often does not have significant effects on development. IBA Community Toolkit: Negotiating and Implementing Impact and Benefit Agreements, Ginger Gibson, Ciaran O`Faircheallaigh (2015), Gordon Foundation A more in-depth look at local mining development mechanisms in different regions is needed to provide evidence-based policy advice to improve legislation, policies and implementation. This matrix summarizes community development requirements in national mining laws around the world as of February 2017.

The report (summary available in Twi) included research-based recommendations for communities, Newmont Ghana and other stakeholders in the run-up to renegotiating the agreements. The long journey between the initial complaint of the shepherds and the implementation of CDA reflects the innovative formulation of O`Faircheallaigh (2013). Many of the issues raised remain important, including community consent, adaptability to local conditions, training and participatory decision-making (where possible), while helping to mitigate the negative effects of a mine. The identification of ACCs by Loutit et al. (2016) as an important mechanism for ensuring community benefits through formal agreements is consistent with TPC`s experience in Mongolia. What academic analysis and international reports capture well are the key points and challenges of monitoring CDAs. We are more aware of the problems and pitfalls when theoretical feasibility and possibility meet harsh reality, relationships and economics. Therefore, CDAs are something to be targeted, with some of the points being accessible to communities. However, in order to get a better idea of the challenges of setting up and maintaining CDAs, it is important that we pay close attention to how they are implemented on the ground. Sustained engagement with stakeholders over the duration of mediation processes reveals dynamics that informal research simply lacks.

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