Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
2018
Workshop on Environmental
Governance of Mining Sector:
Putting Policies into Practice
3
summary
The workshop brought together key stakeholders from the government, civil
society and the private sector who have a delegated role in the environmental
governance of the mining sector in Kenya and Mozambique.
4
purpose of the workshop
For Zephania Ouma, NEMA, Kenya, the objectives of the workshop are to strengthen knowledge
and skills to improve environmental governance. The areas of focus are:
- Meaningful and inclusive stakeholder consultation;
- Community-based environmental monitoring;
- Convention on Biological Diversity, with regard to the continued rehabilitation of the site
after mining; and
- Study visit to Base Titanium.
For Amanda Serumaga, UNDP Kenya's Country Director, as Kenya has significant potential to
further develop its mineral resources, there is a need to come up with sustainable practices to
avoid negative impacts and maximize benefits that may come from the extraction of such
resources and with the aim of achieving the SDGs No. 1,2,3,4,6, 7,8.
The Country Director explained that the Environmental Governance Programme seeks to
ensure the incorporation of human rights into the mining sector in Kenya, working in mineral-
rich counties such as Kitui, Kwale. The programme builds on partnerships with various
institutions to ensure success. The programme has achieved various milestones including the
review of the mining regulations in the country, notably including the licensing process.
Casper Sonesson, UNDP Bureau for Policy and Programme Support, explained that mining is in
one way or another supporting 48% of the world economic activities. However, mining is a
complex activity and associated with various types of impact. We should, therefore, find a way
to balance the impacts and the benefits that are associated with it; we should ensure that
there is synergy between them. This can be in turn supported by ensuring environmental
governance and mainstreaming biodiversity into mining. We should also work in different ways
and with different departments and institutions to ensure sustainable mining, incorporating
the private sector and other stakeholders.
For Elsa Alfai from Mozambique's National Institute of Mining, Mozambique aims at ensuring
the involvement of all relevant institutions in the mining sector. Elsa Alfai reiterates that 'we
should all aim at ensuring the rights of the community are upheld in all stages of the mining
activities'.
5
Key Findings and Recommendations from
SESA in Kenya
MAUREEN NJERI, NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA), KENYA
The purpose of SESA is to assess in Recommendations from the
which ways the environmental consultations included:
governance can be ensured in the
mining sector. - Developing additional regulations for
rehabilitation and restoration;
The SESA's geographical scope decommissioning of mines;
included major counties participating management of risk of radiation
in the Environmental Governance exposure; and improved public
Programme (EGP) such as Kwale and disclosure.
Kitui
- Developing guidelines regarding
The analysis of legislation in the control of evasive species.
mining sector (policy analysis)
concluded that 22 policies were well Discussion comments included the
to moderately integrated. Only 4 following:
policies were not fully-integrated in
the legal framework, including HIV/ - Does the environmental authority
AIDS prevention and control act and engage other environmental
county disaster management bill of stakeholders? NEMA does engage
2014. Human rights were also other stakeholders with the aim of
included, including the issue of child ensuring everyone is involved in policy
labour. making and project development.
6
Key Findings and
Recommendations from
RoLPAM in Mozambique
JANEIRO AVELIO, UNDP MOZAMBIQUE
7
discussion comments and
responses
QUESTIONS:
- Micro-conflicts exist, but the - All mining activities should carry out the EIA
government is working to ensure that before they start. The authority (NEMA) is
small-scale miners have licenses, in part committed to ensuring the mining activities do
to avoid conflicts with large-scale mining not affect the communities. The authority has
projects. been giving support to its miners at all stages.
- Currently, there has not been any large- - The license should not be issued to miners who
scale project stopped due to the have not complied with the regulations. This is
environmental issues associated with because concerned matters, such as the
mining. The EIA has to be thoroughly technology to be used, are evaluated in order to
reviewed to determine whether mining ensure environmental matters are monitored.
can start. The licensing is also attached to conditions that
are to be followed if miners to do not comply
- Knowledge and understanding of how with the conditions, including stop orders.
to value gems need to be improved,
especially among small-scale and - So far, no project has been stopped but the
artisanal miners. However, the authority continuously monitors the sites by
government is to come up with giving orders that are to be followed in order to
mechanisms that can help small-scale ensure environmental protection.
miners know the value of the gem,
especially when dealing with - Licensing permits have been monitored to
intermediaries. ensure that small-scale and artisanal miners are
not exploited through being paid too low prices
by intermediaries. The intermediaries also issue
loans to the artisanal miners, who, then, are even
more likely to be exploited.
8
Meaningful Stakeholder
Engagement: From Policy to
Practice
MATS KULLBERG, SWEDISH ENVIRONMENTAL PROTECTION AGENCY; AND CASPER
SONESSON, UNDP
9
Community Guide to Large-Scale
Mining in Kenya
GREGORY KITUKU, MINISTRY OF MINING, KENYA
10
Environmental rehabilitation and
design for closure
HAKAN TARRAS-WAHLBERG, PER STROMBERG AND ANN-MARIE FALLMAN, SWEDISH
ENVIRONMENTAL PROTECTION AGENCY
11
The regulator tool for ensuring Challenges of rehabilitation
rehabilitation and closure programmes
• The EIA process
• Closure plans and EMP • How to prioritize between and within sites
. Financial securities/environmental bonds • How to find the funds
• Audit supervision and monitoring
Ways to address the challenges:
Typical challenges for EIA • Use risk-based methodology for the screening
process
• EIA static and/or produced too early • Mainstreaming biodiversity protection in the
• Rehabilitation/closure treated too casually mining sector
• EIA decoupled from closure plans
• Closure plan in EIA has no cost
especifications Governance challenges of mining
12
Interactive session on
Environmental rehabilitation and
design for closure
DISCUSSION QUESTIONS
1. WHAT AUTHORITY HAS THE MAIN RESPONSIBILITY IN ENSURING MINING
RECLAMATION AND DESIGN FOR CLOSURE?
• ARE THERE ANY OVERLAPS OR GAPS IN THIS REGARD?
2. IS REHABILITATION ONGOING AT THE MINING SITES?
• IS IT REQUIRED BY LAW AND IF YES, IS IT PROPERLY ENFORCED?
3. DO MINING COMPANIES IN KENYA AND MOZAMBIQUE PLACE ENVIRONMENTAL BONDS
TO COVER CLOSURE COST/
• IF YES HOW, WHEN AND WHERE? DO THEY WORK AS INTENDED?
Group 1 - Kenya
The authorities responsible are NEMA and the Ministry of Mining. There are various gaps that
need to be addressed, including bonds.
Both the EMCA Act and the Mining Act mention bonds but the government authorities handle
the issue differently. Rehabilitation is ongoing on site since it is a requirement by law. However,
problems arise on the issue of whom gets the assets after closure.
Challenges are handled through Environmental Audit reports which the proponents are required
to comply with.
Group 2 - Kenya
Ministry of Mining is the responsible institution. The ministry has clearly laid down closure plans
which are not the same as those of NEMA since the latter lacks the technical expertise to handle
all the matters, such as Geotechnical expertise.
The ministry tries to look at all the infrastructure and feasible options during the
decommissioning plans of any mining site.
Both institutions complement each other due to the difference in their skill sets.
Both mention bonds in their respective acts, but NEMA is currently handling the matter of bonds.
The institutions should, therefore, work together since they need to coordinate the
decommissioning and should have the necessary resources to carry out their activities.
Group 3 - Mozambique
In Mozambique, the Ministry of Mining the institution responsible for ensuring mining
reclamation and design for closure is done.
Rehabilitation of any mining site is anchored in the law.
The law requires the companies to cover the cost when it comes to the closure of the mining site,
but although this is usually enforced for large mining companies, it is not small-scale mining
sites.
The major difference between Kenya and Mozambique is that in Kenya environmental issues in
the mining sector are supervised and controlled by the environmental authority while in
Mozambique environmental issues are handled more in a sectoral approach, with the Ministry of
Mines and Energy having an important and possible also dominating role.
13
Debate: Mining community revenue
allocation and the challenges of
environmental performance
control of state-owned mines
HAKAN TARRAS-WAHLBERG AND PER STROMBERG, SWEDISH ENVIRONMENTAL
PROTECTION AGENCY
MODERATOR: ELSA ALFAI, NATIONAL MINING INSTITUTE, MINISTRY OF MINERAL
RESOURCES AND ENERGY (MIREME), MOZAMBIQUE
In Mozambique, the Ministry of Finance has been able to give revenue to communities engage in
production. This allocation of revenue is aimed at helping them (communities) enjoy the fruits of
their labour based on the efforts that they have been putting in production.
Who owns the minerals? In both Mozambique and Kenya, minerals belong to the state. In
Sweden, the minerals' ownership is not defined in law. This means that there is no royalty for the
minerals. However, the tax on profits of the mineral exploration goes to the central government
and is distributed around the country depending on the needs of the respective communities.
How do you think the resources should be allocated to the communities
engaged in the mining activity?
In Kenya, minerals are in most cases found in the marginalized counties and thus benefits from
such sites come with political bargain attached. The marginalized area might not have the capacity
to absorb the revenue (royalty) allocated to them since they might lack the capacity to absorb the
resources, which may lead to overheating the economy of the region.
In countries such as Ghana the model has been tried but in most cases, the local area leaders have
not been able to properly account for the money and most of the revenue has therefore been lost.
In Sweden, artisanal mining does not occur. Further, all mines are governed by one regulatory
system irrespective of their size. Although there are exceptions, and smalle-scale mines are not
generally able to afford the investments needed to abide by the existing regulations.
There have been different models used in mining, with some countries allocating the revenue
according to the population of the region, while others, such as Kenya, have taken the model of
sharing the revenue to the county where the mining is taking place through infrastructure
investment.
In Kenya, the biggest problem is the percentage of the revenue to be shared with the local
community. Efforts trying to address this problem have been made through the mining act.
In Mozambique, there are still complaints about how much is to be shared with the community
because the laws do not define how these resources should be shared.
14
Environmental Monitoring and
Access to Information
FLAVIANO BIANCHINI, SOURCE INTERNATIONAL
15
Water monitoring Strategies
Communities are always concerned about the • Direct negotiations
water that they get and fear pollution of their • Lobby and advocacy at the national level
water by the mining activities. • Lobby and advocacy at the international level
16
A Case Study of Base Titanium in
Kwale with focus on
environmental monitoring
GEORGINA JONES, BASE TITANIUM
17
Environmental monitoring in
Mozambique
JOSIMAR BIOSSE, MINISTRY OF LAND, ENVIRONMENT AND RURAL
DEVELOPMENT (MITADER), ENVIRONMENTAL QUALITY AGENCY (AQUA)
18
Swedish examples of self- and
community-based monitoring
TOVE LUNDEBERG, SWEDISH ENVIRONMENTAL PROTECTION AGENCY
19
discussion comments and
responses
QUESTIONS:
Discussion responses
Despite the fact that the community-based results might not be accepted at the negotiation
table, the community-based monitoring helps the community to trust the data from the
government and the companies thus reducing conflicts.
A shared community system helps improve the skill sets of the community during the
monitoring process and help elaborate the results.
One needs to choose realistic sampling points to minimize the costs involved during sampling
especially while dealing with communities.
It is important to work with the community in an on-going process in order to ensure
contentment in the community.
In many cases, the level of required water quality (ground and drinking water) might not be
achieved and it is therefore important to have a baseline level the company has to adhere to.
The cost of sampling and monitoring is usually borne by the company, but communities should
also learn to accept the correct samples provided by the regulator and companies.
20
group discussions in country
teams
QUESTIONS:
21
work action plans
BUILDING ON THE COMMUNITY GUIDE TO LARGE-SCALE MINING IN KENYA, PLEASE
DISCUSS HOW THE GUIDE CAN BE BEST PUT TO PRACTICAL USE.
THE RESULT OF THE GROUP DISCUSSION SHOULD BE A LIST OF POSSIBLE USES OF THE
GUIDE AND ACTION TO BE TAKEN (AND BY WHOM) TO START USING THE GUIDE.
Question 1: Identify key stakeholders Question 3: Pick one or two of the best
that would be involved in using and ideas and transform into possible
benefiting from the guide. objectives
Answer: Key stakeholders include the community, Answer: To prepare information to be disseminated,
county government, landowners, the mining company, discuss the dissemination toos to engage the key
national government (national land commission). stakeholders.
22
Outcome/change harvesting - how
change happens from learning to
societal transformation?
JENNY LAO-JORGENSEN, LUND UNIVERSITY
Understanding capacity and how changes happen: Capacity development needs to look into
whose capacity is being developed, for whom and for what purpose.
1. Changing context in the mining sector and how they have affected the EGP
- Long-term changes to the community as they become more involved in environmental monitoring,
more informed about the mining sector.
2. What has really changed for the different EGP target groups and what these changes mean to
them?
- County government: Play the pivotal sensitization role to countries to establish mining committees,
enhance enforcement of the environmental legislation, increased number of legal counsel.
- Dosh: Capacity building to audit the mining sector, training of more officials, regulation (OSH) for
the mining sector, resources vehicles for inspection and enforcement.
- Industry sector to associate its intentions with those of national and communities and engage other
stakeholders in order to promote business in the mining sector which safeguards the environment
and community concerns.
23
visit the kwale workshop website for background readings
and complete presentations
Copyright @ UNDP 2018
By the United Nations Development Programme
Photo credits: