Good Practice Guide - Indigenous Peoples and Mining

132 Pages·2010·8.99 MB·English

GOOD PRACTICE GUIDE
INDIGENOUS
PEOPLES AND
MINING
Guidance 2010-3

GOOD PRACTICE GUIDE
INDIGENOUS
PEOPLES AND
MINING
1 2 3
CONTENTS
FOREWORD i
MESSAGE FROM ICMM TO COMMUNITIES WHO MAY BE AFFECTED BY MINING ii
1
INTRODUCTION 1
1.1 Why produce a Good Practice Guide focusing specifically on Indigenous Peoples? 3
1.2 The ICMM Position Statement 3
1.3 Who are Indigenous Peoples? 5
1.4 International rights for Indigenous Peoples 7
1.5 Indigenous Peoples and mining 9
1.6 How the Guide was prepared 11
1.7 Scope of the Guide 13
1.8 Structureof the Guide 13
2
Engagement and Indigenous participation 15
2.1 Introduction 16
2.2 The principles of good engagement 16
2.3 Making initial contact 18
2.4 Indigenous Peoples’ involvement in decision-making 19
2.5 The practicalities of engaging with Indigenous Peoples 25
2.6 Building engagement capacity in companies 30
2.7 Managing workforce and contractor behaviour 32
2.8 Some engagement challenges 33
3
Laying the groundwork 37
3.1 Introduction 38
3.2 Determining relevant Indigenous Peoples’rights and interests 38
3.3 Baseline studies 45
Good Practice Guide Indigenous Peoples and Mining
4 5 6
4
Agreements 52
4.1 Introduction 53
4.2 The businesscase for agreements 53
4.3 What makes for a successful agreement? 55
4.4 Making agreements 57
4.5 Components of agreements 60
4.6 Implementing agreements 72
5
Managing impacts and sharing benefits 73
5.1 Introduction 74
5.2 Impact mitigation and enhancement 74
5.3 Strengthening the community asset base 81
5.4 Cultural preservation 89
5.5 Environmental protection, rehabilitation and monitoring 91
5.6 Preparing for mine closure 92
5.7 Addressing discrimination and historical disadvantage 93
6
Dealing with grievances 95
6.1 Introduction 96
6.2 Why are grievance mechanisms important? 96
6.3 Sources of potential disagreement or conflict 98
6.4 Designing grievance mechanisms 100
6.5 Involving other parties 104
7
conclusion 106
Appendix A: ICMM Position Statement on Mining and Indigenous Peoples 107
Appendix B: Acronyms 110
Appendix C: Further resources 111
Acknowledgements 119
Good Practice Guide Indigenous Peoples and Mining
foreword
ICMM Indigenous Peoples Advisory Group
This Guide represents a key milestone on a In producing this Guide, ICMM has built on
journey that began for ICMM in 2004, when the vision embodied in its Position
we started working to support more Statement for constructive relationships
constructive relationships between between Indigenous Peoples and the
Indigenous Peoples and mining companies. mining and metals industry which are
Since then we convened two international based on respect, meaningful engagement
roundtables, published a Mining and and mutual benefit and which have
Indigenous Peoples’ Reviewand undertook particular regard for the specific and
external consultations before publishing historical situation of Indigenous Peoples.
an ICMM Position Statement on Mining and We welcome ICMM member companies
Indigenous Peoplesin 2008. commitment to establishing these
relationships and believe that the Guide
That position statement was approved by ICMM’s provides a useful resource for an ongoing
Council of CEOs in 2008, and signalled a desire for positive dialogue.
moreconstructiverelationships between the mining
and metals industry and Indigenous Peoples based
As individuals with varied and deep personal
on respect, meaningful engagement and mutual
relationships and professional experience with
benefit. Developing implementation guidance was
Indigenous Peoples, we recognize the necessity for
then set as our next task. This Guide is the
mining companies to develop and maintain
outcome.
respectful relationships with the communities that
may be affected by their activities.
We recognize that each community has unique
attributes and that various complexities may arise in
Drawn from our experiences in Africa, Australasia,
areas where ICMM members are present. In this
Oceania, Latin America and North America, we have
regard, the Guide is not intended to outline a one-
contributed our knowledge, advice and counsel on
size-fits-all approach but to be adaptable by
both process and substance throughout the
companies and communities to their own
development of this document over the last two
circumstances.
years.
TheGuide is a milestone rather than an end point.
From the outset, we have remained independent of
Weintend to support dissemination and uptake of
the process. We have always retained the right to
the guide to help ensure that it makes a difference
takeexception to the way in which the Guide
for communities on the ground. ICMM will also
developed or the final content. On balance, however,
continue toengage on Indigenous Peoples issues.
wefeel that it offers sound guidance that – if
We look forward to working collaboratively with our
implemented effectively–has the potential to
members and Indigenous Peoples to support its
establish constructiveand mutuallyrespectful
uptake.
relationships between Indigenous Peoples and
mining companies.
Lastly, a work such as this takes tremendous effort.
Thanks aredue to all those who have contributed –
We understand that this Guide is part of a wider
the Advisory Group, Aidan Davy and Claire White
processand will be a ‘living document’ tobe
within the Secretariat and the many others who
reviewed based on experiencewith its
haveshared their thoughts along the way.
implementation. We encourage Indigenous Peoples
and all mining companies – whether or not theyare
ICMM members–toutilise the guidancein good
faith, and to learn from the experience.
Mike Rae, Canada;Cássio Inglez de Sousa, Brazil;
Tony Hodge Meg Taylor, Papua NewGuinea;Mick Dodson, Australia;
President, ICMM Lucy Mulenkei, Africa
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Good Practice Guide Indigenous Peoples and Mining
Message from ICMM to communities
who may be affected by mining
The International Council on Mining and Wewould respectfully encourage you to respond in
Metals (ICMM) is pleased to present our the spirit of good faith, which was the foundation
for the development of this Guide, when entering
Good Practice Guide: Indigenous Peoples
into discussions with responsible mining
and Mining(the Guide). ICMM is an
companies. The Guide may not be perfect and you
organization representing 19 of the
may, upon reflection, think “some aspects of this
world's leading mining and metals will not work for us”. We would hope that you
companies, as well as 30 other regional, would then use this Guide to assist in developing a
national and commodity associations. process to engage with mining companies that
works for your community. This, in turn, will assist
ICMM and its members collectively seek
responsible mining companies in their efforts to
to improve global mining industry
establish positive dialogue with you, as a beginning
practices by balancing the various social,
for mutually beneficial and enduring relationships.
cultural, environmental and economic
needs of all parties affected by mining
operations. The mining and metals industry
The Guide stems from a commitment by our The mining and metals industry engages in the
membersto ensure the responsible extraction and processing of mineral resources
extraction/production of minerals and metals. At its when the size and quality of a mineral deposit
heart is a commitment toestablishing positive provide for an economically feasible project. The
engagements and relationships with Indigenous extracted minerals are then refined into materials
Peoples. This is reflected in ICMM’sPosition used for the production of a variety of goods for the
Statement on Mining and Indigenous Peoples, May global market.
2008 (see Appendix A). We are now building upon
the foundation of the commitments set out in the Mineral extraction and refinement is nearly as old
Position Statement with the development of this as human civilization. Mining can take place on the
Guide. Our intention is to provide information and surfaceorunderground. Depending upon where in
practical direction to staff and employees of the world mining takes place, mining can range
responsible mining companies, to guide from small groups of people using traditional
appropriateand respectful engagement with methods to a large and sophisticated operation
Indigenous Peoples. Our hope is that the Guide will with modern infrastructure, technology and
stimulate discussion and promote cross-cultural equipment, employing many workers. ICMM’s
understanding between indigenous communities members include many of the world’s largest
and mining companies. mining companies and all apply modern industrial
practices.
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Good Practice Guide Indigenous Peoples and Mining
Message from ICMM to communities
who may be affected by mining
Although not all ICMM members engage in the first • Stage 5 – Closure and reclamation:Once the
two stages, the broad sequence of activities in the relevant resource has been extracted or in the
life cycle is usually as follows (see diagram event that extracting the resource becomes no
opposite): longer economically viable, the mining project,
will be phased out with a closure and reclamation
• Stage 1 – Prospecting:This usually involves a plan. ICMM member companies develop their
small number of people (prospectors or closure and reclamation plan early during the
exploration companies) coming into an area and planning, development and construction stage so
looking for specific signs of the presence of that it is ready for implementation long before the
certain minerals they are searching for. Normally, closure stage approaches and can be updated as
if they find something of interest they will stake a the operation changes over time. This operation
legal claim whereby they express a specific will involve the ongoing presence of the mining
interest in an area with a view to seeking a company to ensure post-closure impacts are
permit to explore for mineral deposits. properly managed.
• Stage 2 – Exploration:Mining exploration Throughout the process it is important that all
companies are typically smaller than the mining companies involved engage with the local
companies themselves and explorethe potential community in such a way that a respectful
mineral deposits identified by the prospectors. long-term relationship is established.
Exploration may involve various activities
including airborne surveys and drilling. The
purpose of exploration is todetermine the size Understanding indigenous cultural,
and value of a mineral deposit. This is a high-risk social and environmental issues
operation as onlyafewexploration efforts ever
identify sufficient mineral deposits towarrant full
Over time, mining companies havedeveloped their
mining operations. This will be the stage when
understanding of and sensitivity to how best to
you first experience a significant mining presence
manage and balance their economic needs with
inside your territory. If the exploration company
environmental considerations and the cultural
provides evidence of enough mineral potential to
traditions of peoplein the areas in which they
develop a mine, then a major mining company
operate. ICMM members recognize that mining
may become interested at this stage.
activity has and will continue to affect the land,
territories, resources and way of life of Indigenous
• Stage 3 – Feasibility studies and construction:
Peoples. ICMM members also understand the
This is when major mining companies may come
importance of maintaining a healthy and stable
intoyour territory. They usually already
natural environment to support local communities
successfully operate mines in other places. The
and particularly those wishing to retain a
company will first study the long-term economic
traditional lifestyle. A healthy natural environment
viability of building and operating a mine in the
is a benefit toall people. These are important
region. If the outcome of that study is that mining
lessons learned.
would bring positive economic benefits to the
company and can be achieved while meeting
In order to achieve this kind of stability, we must
other responsibilities, then operating permits are
first establish relationships with communities in
sought and construction of the mine begins.
which we work so that we may discuss these
matters on the basis of sound knowledge of the
• Stage 4 – Mine operation:This is the active
area and its people in a respectful fashion. Only
phase of the mining sequence that usually lasts
then may we begin to balance the needs and
for the lifetime of the resource that is being
perspectives of culture, environment and economy.
extracted. It is at this stage that the minerals are
This Guide provides us with a starting point as part
mined (or extracted) using either surface (open
of a longer process, for moving ahead with these
pit), or underground (tunnel) methods.
important, long-term goals.
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Good Practice Guide Indigenous Peoples and Mining
Typical sequence of activities in the life of a mine
STAGE 2
Exploration
STAGE 1
Prospecting
STAGE 3
Feasibility
studies and
construction
STAGE 5
STAGE 4
Closure and
Mine
reclamation
operation
The Guide is designed to be a
practical and user-friendly tool
to assist mining companies
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Good Practice Guide Indigenous Peoples and Mining
Message from ICMM to communities
who may be affected by mining
Benefits of applying the Guide 2 Engagement and indigenous participation:
Relates to the engagement between Indigenous
The Guide is designed to be a practical and user- Peoples and mining, addressing topics including
friendly tool to assist mining companies in the participation of Indigenous Peoples in the
understanding the need to be aware and respectful decision-making processes (including FPIC),
of cultural, social, economic and political and makes specific recommendations for
complexities associated with developing projects effective and practical engagement with
in close proximity to indigenous communities. Indigenous Peoples, highlighting some of the
Our aim for this Guide is to provide mining key challenges to effective engagement.
companies with positive, practical and
comprehensive approaches to develop successful 3 Laying the groundwork:Focuses on the early
relationships with Indigenous Peoples. stages of relationship building and on the
information needed for companies to facilitate
However, we realize there cannot be a single initial engagement and develop appropriate
approach when building relationships with approaches to deal with actual and anticipated
Indigenous Peoples, given the rich diversity of impact of a project and howany potentially
Indigenous Peoples. The Guide is not simply about negative impact can be mitigated.
establishing good relationships between a mining
company and an indigenous community, but rather 4 Agreements:Discusses howcompanies and
ameans to help the mining company initiate or indigenous communities might look to put
improve the process of relationship building in a formal agreements in place to govern their
respectful and positive way. The Guide references relationship, including preliminary agreements
anumber of case studies that highlight both that can serve as “stepping stones” to putting in
successful relationships and the consequences of place a long-term agreement that may
not enjoying such success, which we can all draw encompass all of a mining project sequence.
lessons from.
5 Managing impacts and sharing benefits:
It is our wish that this Guide be considered a living Addresses some practical aspects of managing
document. We welcome constructive feedback the impact of a mining project including, for
based on the practical experiences of its example, the preservation of local culture sites
application between indigenous groups and and traditions, sharing the benefits arising from
mining companies. amining project and creating opportunities for
the economic development of the local
community.
The Guide is structured into the
6 Dealing with grievances:Outlines strategies
following sections:
and mechanisms for dealing with community
issues and concerns about the relationship or
1 Introduction:Presents the reasoning for the
mining projects.
Guide, ICMM’s engagement with Indigenous
Peoples and its Position Statement and related
The Guide therefore seeks to assist companies to
commitments.
develop their relationships with Indigenous Peoples
and their communities by outlining the means by
which effective engagement can be established
throughout the project lifecycle.
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Good Practice Guide Indigenous Peoples and Mining