- September 15, 2021
- Posted by: samdenis
Argyle Diamond Mine Participation Agreement: Management Plan AgreementSouthwest of Kununurra, Western Australia, Australia, January 1, 2004Link: www.atns.net.au/objects/agreements/argyle%20mp.pdf Mining & Communities: Supporting human rights-based development in the context of industrial mining in Guinea, October 2016Link: communitiesfirst.net/2016/10/15/english-translation-guinea-guide/ The International Bar Association`s Model Mining Development Agreement is not a community-level agreement, but an agreement between a mining company and a national government. One of the key issues of the MMDA is how such an agreement at national level is linked to an agreement at Community level. Some of these problems are highlighted by these clauses of the MMDA. The path to the CDA began in 2012. By that time, two cycles of relocation of pastoralists` homes had taken place, the first in 2004 (ten families), the second in 2011 (eighty-nine families). The selection process and the amount of compensation were deemed insufficient by the local community. The shepherds felt exploited; This opened up the appeal procedure, based on two major problems. The first was on the socio-economic and environmental impact of the mine; the second concerned the loss and replacement of a sacred spring inside the mine. A local shepherds` NGO filed a complaint with the International Finance Corporation (IFC) as a guarantor of OT`s credit, claiming that IFC had failed to enforce its internal lending standards. With the help of national (OT Watch) and international (Accountability Counsel) NGOs, the local complaint was accepted by IFC`s Compliance Accounting Ombudsmen (CAO).
This resulted in an IFC audit that required the mine`s participation in the investigation, although there was no legal obligation to resolve the complaint. In the past, state regulatory efforts and voluntary industry initiatives have been standard practices for solving local development problems in resource extraction. However, these approaches have often been unsatisfactory, particularly from a community perspective, as they have not been able to resolve local complaints and improve interaction with the community (Jackson, 2015); Nwapi, 2017). In this difficult context, the concept of CDA has gained importance as an effective method of improving relations between the mining industry and the Community. Supported by international agencies (World Bank, 2012), mining consortia (ICMM, 2012) and practitioners (Loutit et al., 2016), CDAs can replace industrial initiatives and public regulation as a process for resolving the conflict over resource extraction. The long road between the pastors` initial complaint and the implementation of the CDA reflects the innovative formulation of O`Faircheallaigh (2013). Many of the points raised remain of great strength, including Community membership, adaptability to local conditions, training and participatory decision-making (where possible) while helping to mitigate the negative effects of a mine. Loutit et al.`s (2016) Identifying CDAs as an important mechanism to ensure the usefulness of the Community through formalised agreements is in line with the TPC experience in Mongolia.