WORKSHOP REPORT

2018

Workshop on Environmental
Governance of Mining Sector:
Putting Policies into Practice

REPORT COMPILED BY 

NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)
TABLE OF CONTENTS
THE KWALE WORKSHOP: SUMMARY ... 3

PURPOSE OF THE WORKSHOP ... 5 

KEY FINDINGS AND RECOMMENDATIONS FROM SESA IN

KENYA ... 6

KEY FINDINGS AND RECOMMENDATIONS FROM ROLPAM IN

MOZAMBIQUE ... 7

DISCUSSION COMMENTS AND RESPONSES ... 8

MEANINGFUL STAKEHOLDER ENGAGEMENT - FROM POLICY

TO PRACTICE ... 9

COMMUNITY GUIDE TO LARGE-SCALE MINING IN KENYA... 10

ENVIRONMENTAL REHABILITATION AND DESIGN FOR

CLOSURE ... 11

INTERACTIVE SESSION ON ENVIRONMENTAL

REHABILITATION AND DESIGN FOR CLOSURE ... 13

DEBATE: MINING COMMUNITY REVENUE ALLOCATION AND

THE CHALLENGES OF ENVIRONMENTAL PERFORMANCE
CONTROL OF STATE-OWNED MINES ... 14

ENVIRONMENTAL MONITORING AND ACCESS TO

INFORMATION ... 15

A CASE STUDY OF BASE TITANIUM IN KWALE WITH FOCUS

ON ENVIRONMENTAL MONITORING ...  17

ENVIRONMENTAL MONITORING IN MOZAMBIQUE ... 18

SWEDISH EXAMPLES OF SELF- AND COMMUNITY-BASED

MONITORING ... 19

DISCUSSION COMMENTS AND RESPONSES ... 20

GROUP DISCUSSIONS IN COUNTRY TEAMS ... 21

WORK ACTION PLANS ... 22

OUTCOME/CHANGE HARVESTING; HOW CHANGE HAPPENS

FROM LEARNING TO SOCIETAL TRANSFORMATION? ... 23
The Kwale workshop 

The Workshop on Environmental Governance of the Mining Sector -

Putting Policies into Practice was held at the Kwale Diani Reef Resort
in Kenya on May 15-17, 2018. 

the workshop was a joint initiative of the National Environment

Management Authority of Kenya (NEMA), the Swedish Environmental
Protection Agency (SEPA), and the United Nations Development
Programme (UNDP).  

3
summary 

Study visit to Base Titanium in Kwale County, Kenya

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.

Participants represented the following countries and organizations:

- Kenya: Ministry of Mining, NEMA, COG, Base Titanium, UNDP

- Mozambique: Mining National Institute, UNDP
- Sweden: Swedish EPA, Lund University, Swedish Geological AB 
- UNDP Global Policy Network, New York 

The workshop focused on the recent assessments of mining sector conducted

by the Environmental Governance Programme, namely: the Strategic
Environmental and Social Assessment (SESA) in Kenya, and the Rule of Law in
Public Administration (ROLPAM) in Mozambique.

The workshop helped strengthen participants’ knowledge and skills on how

rights-based approaches can lead to a more responsive, participatory,
accountable and sustainable governance of the mining sector. The workshop
enabled a rich exchange of knowledge, experiences and good practices across
countries and sectors (governments, civil society, and the private sector), using
real-life cases from Kenya, Mozambique, and Sweden. It concluded with a
session on back-to-work action planning to address participants’ contextual
challenges.

The workshop presentations are available online here. 

4
purpose of the workshop 

Study visit to Base Titanium in Kwale County, Kenya

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.

In relation to institutional capacity, - Integration at the county level: The

significant efforts have been made to
ensure the involved institutions have
the capacity to supervise, control and
manage the growth of the mining
sector in Kenya.
Some stakeholders consulted in their
report thought there is poor
coordination among agencies involved
in the mining sector.
presentation has highlighted areas
where the policies have not been
integrated. However, the SESA final
report has more information
concerning the integration in all levels
of government. 
Download the full presentation here. 

Other findings included:

- Lack of national framework for

compensation and resettlement of
displaced communities;
- Inadequate participation of county
governments; and
- Lack of rehabilitation of mines after
closure.  

6
 Key Findings and
Recommendations from
RoLPAM in Mozambique
JANEIRO AVELIO, UNDP MOZAMBIQUE 

Mozambique has also conducted its SESA, which was

launched on May 24, 2018. The evaluation used the ROLPA
(Rules of Law in Public Administration) methodology for
mining licensing process. 

in terms of legal framework, both civil servants and users

consider that the mining, environmental and resettlement
licensing process needs improvements.

Regarding the procedure framework, the evaluation noted

the existence of differences in access to the legal norms
that guide the activities of licensing by the different
actors. 

In terms of the operational framework, it was noted that

there was limited integration among the mechanisms for
the operationalization of mining and environmental
licensing processes.  

Recommendations included the following: 

- The need to provide specific criteria for the evaluation

of license applications, establishing intervals and
verification mechanisms for the assessment components
already provided in the different process elements, such
as the Mining Plan, technical and economic feasibility
study (Decree nº 31 / 2015 of 31 December), EIA, EMP
(Decree No. 54/2015 of 15 December);
- Ensure the dissemination of legal regulations and
provision of professional training to the different process
employees (Sub-national level);
- Disseminate existing regulations for mining,
environmental and resettlement licensing processes at
the national, subnational and local level, as well as for
users and process proponents in order to ensure law
compliance at all levels (and provide training for
employees in critical areas of the process). 

Download full presentation here. 

7
discussion comments and
responses 
QUESTIONS: 

- WHAT ARE THE MAIN ENVIRONMENTAL ISSUES AFFECTING THE MINERS? 

- THE CONFLICT ANALYSIS- SHORT TERM AND LONG TERM- PLEASE GIVE EXAMPLES
WHERE MINING HAS BEEN STOPPED DUE TO ENVIRONMENTAL CONCERN
- DO THE MINERS KNOW THE VALUE OF WHAT THEY ARE MINING?
- IS THERE A MECHANISM TO HELP THE MINERS KNOW THE VALUE OF WHAT THEY ARE
MINING?
- MOZAMBIQUE SHOULD CLEARLY STATE HOW BENEFIT-SHARING IS TO BE
INCORPORATED IN THEIR METHODOLOGY.
 

Responses from Mozambique Responses from Kenya

 - 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-
scale project stopped due to the
environmental issues associated with
mining. The EIA has to be thoroughly
reviewed to determine whether mining
can start.
- Knowledge and understanding of how
to value gems need to be improved,
especially among small-scale and
artisanal miners. However, the
government is to come up with
mechanisms that can help small-scale
miners know the value of the gem,
especially when dealing with
intermediaries.
- The license should not be issued to miners who
have not complied with the regulations. This is
because concerned matters, such as the
technology to be used, are evaluated in order to
ensure environmental matters are monitored.
The licensing is also attached to conditions that
are to be followed if miners to do not comply
with the conditions, including stop orders.
- So far, no project has been stopped but the
authority continuously monitors the sites by
giving orders that are to be followed in order to
ensure environmental protection. 
- Licensing permits have been monitored to
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. 

- We should look for ways to ensure that miners

are paid a fair price for the products, especially
in the new gemstone mining in Voi, including
determining the value of the gems. 

8
Meaningful Stakeholder
Engagement: From Policy to
Practice 
MATS KULLBERG, SWEDISH ENVIRONMENTAL PROTECTION AGENCY; AND CASPER
SONESSON, UNDP 
 

Why stakeholder engagement: from Levels of stakeholder engagement 

policy to practice National level: 
a. Defining mining policies regulations and
- It is a human right: Equal participation in
guidelines.
political and public affairs.
b. Ensuring transparency, accountability in
revenue management.
- Principle 10 of Rio declaration:  Ensuring
c. SESA
participation of all involved parties and their
d. Developing a vision for mining roles in
right to have access to information and also to
national development. 
appeal this information, ensuring due diligence.

Mine site, district/county level: 

- International requirements for companies:
a. Prior consultation.
They are expected to comply with risk
b. EIA-EMP
management procedures.

Benefits of stakeholder engagement: If done Roles and responsibilities within

right it brings benefits to: the EIA process

1. To the communities,  since it provides an EIA Authority (government): Oversee and

opportunity to empower people and create implement EIA framework, maintain
responsibility; records, make a screening decision. 
2. To the proponent, raising awareness of Proponent (company): Initiate and comply
potential impacts helps obtain local data; and  with EIA process, engage EIA consultant,
3. To the government, by reducing conflict fund EIA. 
costs.  EIA Consultant: Lead EIA investigation and
report preparation, liaise with stakeholders,
Engagement for what purpose: It ensures prepare and lead the public participation
benefits sharing from mining and sustainable process, participate in process of EIA report
community development.  review and decision-making. 

Strategic communication planning

1. Assessment: Assess problem, stakeholders, need, media, and a possible solution.
2. Strategy: Design strategy with objectives, different target groups, level of change, channels, and
indicators. 
3. Implementation: Implement work plan, activities. 
4. Evaluation: Monitor and evaluate

Download the full presentation here. 

9
Community Guide to Large-Scale
Mining in Kenya   
GREGORY KITUKU, MINISTRY OF MINING, KENYA
Large-scale mining in Kenya: Base Titanium is the largest mine in the country
The main stakeholders in mining
1. The government (central, county): Monitors and
gives license
2. Mining companies
3. Kenya chambers of mines, CBOs, NGOs
4. Communities/ landowners
Rights of communities/landowners
• Rights to information about mining activities
• Right to full compensation with respect to land
and other properties
• Right to consultation and negations
• Right to clean and healthy environment
through the project period
• Right to security and peace
• Right to be fully engaged in all stages of the
project development
• Right to proper mental and physical health
Discussion questions  however, had some financial challenges
- Is there a case study of how mining exploration
has been undertaken in a transboundary area?
- How do you engage the local community?
- Are there international practices about gender
inclusivity?  The land is usually valued and the
- Are the compensation procedures stated
clearly in the law?
Download full presentation here. 
 
Discussion comments
Environmental governance is committed to
finding ways to include women by
researching best practices used by other
institutions with the goal of ensuring
inclusivity of women in mining exploration. 
In Kenya, UNDP has been working to find
ways to ensure balance in transboundary
development, especially in Moyale. In
Turkana County, the need for
transboundary participation is due to the
oil reserves found in the region. The Amkeni
programme is engaging different
stakeholders in the region in order to
ensure equality.
In Sweden, a recent iron mine project
located near the border with Finland
required the two countries to set up a
binational process of environmental
evaluation and permitting. The project has,
and was therefore recently restarted, after
having being mothballed.
There are compensation procedures that
the Government of Kenya has set aside to
ensure that those affected are reimbursed.
necessary procedures were undertaken to
ensure that the family or communities are
fully compensated.
10
Environmental rehabilitation and
design for closure
HAKAN TARRAS-WAHLBERG, PER STROMBERG AND ANN-MARIE FALLMAN, SWEDISH
ENVIRONMENTAL PROTECTION AGENCY

Mining is often a comparatively long-

term activity but must still be seen as a
temporary use of land, and if poorly
conducted, can produce long-term and
negative impacts.
Poorly-planned mining may WHAT NEEDS TO HAPPEN TO
create considerable liabilities, ENSURE A GOOD MINING SITE: 
including impacts on fauna and flora,
water contamination, soil and - GOOD PLANNING
sediment contamination, acid rock - SET ASIDE FUNDS FOR CLOSURE
drainage, dusting, geotechnical risk - CONTINUED WORK ON
etc. REHABILITATION
Sometimes, the state is forced to pick
up the bill for closure and
rehabilitation.
However, good outcomes can come
from mining sites once/if rehabilitation
is done properly.

11
The regulator tool for ensuring
rehabilitation and closure
• The EIA process
• Closure plans and EMP
. Financial securities/environmental bonds
• Audit supervision and monitoring
Typical challenges for EIA
• EIA static and/or produced too early
• Rehabilitation/closure treated too casually
• EIA decoupled from closure plans 
• Closure plan in EIA has no cost
especifications
Challenges of rehabilitation
programmes
• How to prioritize between and within sites
• How to find the funds
Ways to address the challenges: 
• Use risk-based methodology for the screening
process
• Mainstreaming biodiversity protection in the
mining sector
Governance challenges of mining

Ways to address them:  • Ensure that positive effects outweigh negative

• Update EIA effects
• Require a detailed and costed closure and • EIA often address only the project site, however,
rehabilitation plan there may be impacts beyond the project site.

Typical challenges - closure plans

- Plan static and or produced too early
- The plan may be decoupled from EIA
- The closure may not be planned
- Difficult to assess if estimated

Ways to address them:

- Require updates plans 
- Plans to consider accidents
- Regulators need to be trained

Challenges of audit supervision and

monitoring
• Lack of resources to do the work
• Lack of expertise
• Ad-hoc methodology
• Best performers are easier to audit
• Provide training to regulators
• Develop manuals

Challenges of bond and securities

• Cost estimates require expertise and experience

• Inflation makes it hard to estimate the real cost of
the project 

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

The community monitoring system THE COMMUNITY MONITORING

gives the community the power to
know what is happening in the
mines while the companies are
able to work in a way that is
cooperative. 
SYSTEM CAN HELP MANAGE
CONFLICTS THAT MAY ARISE
BETWEEN COMMUNITIES,
COMPANIES, AND GOVERNMENT.

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

This monitoring can be determined through Questions

assessing the:  
• Level of water: flux, flow rate
• Quality of water: pH, conductivity, temperature,
oxygen, heavy metals, sulfates-nitrates etc.
Air quality monitoring
Dust generation of a mining activity cause
issues to the community. The activities of the
mine mineralize the dust. 
Health monitoring
This is done by examining the residents and
also determining the possible
bioaccumulation of metals in their bodies.
Sample media may include hair, nails, and
blood. In addition, measuring the prevalence
of certain illness may help assess the impact of
pollutants that the community may have been
exposed to.
1. Once a problem is identified how do you
tackle it?
Answer: The community is able to speak to the
government through the negotiation
committee.
2. Examples of grievances brought forward
Answer: In Mexico, the community
complained about a mining project, forcing it
to be shut down for two years. But after
implementing the monitoring programme,
the mine was opened since the negotiation
table agreed to the terms proposed by the
community.

Communication and transparency

A group of people should be elected to conduct
the monitoring. In the case example, a group
goes to monitor once a week. Then they use the
media to share the results with the community.

Community-based monitoring systems can

prevent conflict because:
- Gives communities control over their resources
- Empower communities
- Strengthen communities resilience
- Empower women inside communities
- Monitors human right and therefore, prevent
abuses
- Prevent companies misconduct
- Prevent corruption
- Strengthen communities internal
communication
- Helps communities get a better deal

16
A Case Study of Base Titanium in
Kwale with focus on
environmental monitoring
GEORGINA JONES, BASE TITANIUM

Study visit to Base Titanium in Kwale County, Kenya

The company has been developing THE MINING SITE HAS AN

a positive relationship with the ENVIRONMENTAL DEPARTMENT
community, by addressing their COMPRISING OF THE EHS
environmental concerns as a way OFFICER AND TRAINED
to reduce conflicts. The ESMS that OFFICERS.
Base Titanium complies meets
both national and international
standards.

17
Environmental monitoring in
Mozambique
JOSIMAR BIOSSE, MINISTRY OF LAND, ENVIRONMENT AND RURAL
DEVELOPMENT (MITADER), ENVIRONMENTAL QUALITY AGENCY (AQUA)

Challenges and problems facing

Mozambique's mining sector:
THE GOVERNMENT SHOULD
-Most companies have environmental INTENSIFY MONITORING TO
licenses but many cases do not comply ENSURE FULL COMPLIANCE ON
with the regulation, such as the EMP at
ALL SITES.
their site.
-The monitoring of artisanal mining is a
GOOD PRACTICES IN SOME OF THE
challenge. 
SITES INCLUDE REHABILITATION,
-Lack of knowledge about the regulation
SLUDGE TREATMENT PLANTS, AND
of environmental quality standards and
emission of effluent by government GREENHOUSES.
officials.
-Lack of resources, such as training and
equipment. 
-Weak local representation. 

18
Swedish examples of self- and
community-based monitoring
TOVE LUNDEBERG, SWEDISH ENVIRONMENTAL PROTECTION AGENCY

Companies self-monitoring shows if

companies are fulfilling the requirements
from the environmental code and if they
ENVIRONMENTAL MONITORING
are working towards the reduction of their
INCLUDE: 
impacts on the environment.
- GOVERNMENT OVERALL
MONITORING
Community-based monitoring: 
- COMPANIES’ SELF-
information from the community is
collected by various institutions such as MONITORING
universities, the non-profit organizations - COMMUNITY PARTICIPATORY
recreational hunting and fishing MONITORING
organizations in order to assess the
impacts of the mining activities.

Download full presentation here. 

19
discussion comments and
responses
QUESTIONS: 

- IS THERE A DISPARITY ON HOW SOURCE INTERNATIONAL AND BASE TITANIUM

APPROACH INCLUDING THE COMMUNITY IN NEGOTIATIONS? 
- HOW DO WE CREATE A BALANCE BETWEEN COMPANIES' MONITORING AND THAT OF
THE COMMUNITY?
- HOW DO COMPANIES OVERCOME CHALLENGES IN FINANCES WHEN DEALING WITH THE
COMMUNITY-BASED APPROACH?
- HOW DOES NEMA DEAL WITH COMPANIES SUCH AS BASE TITANIUM THAT HAVE
EXCEEDED THE REQUIRED STANDARDS? 
- HOW DO WE MAKE THE COMMUNITY-BASED APPROACH MORE SUSTAINABLE IN KENYA
WITH CONSIDERATION OF THE GAPS THAT WE HAVE? DO WE HAVE TO INCLUDE
INSTITUTIONS TO FILL THE GAPS? 
 

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:

1. IDENTIFY A POSSIBLE COMMUNITY/SITUATION TO IMPLEMENT COMMUNITY-BASED

MONITORING
2. ANALYZE THE LOCAL CONTEXT AND ENVIRONMENT
• IS IT A CONFLICT AREA?
• WHICH ARE THE MAJOR CONCERNS FROM THE ENVIRONMENTAL AND SOCIAL POINT OF
VIEW?
• ARE THERE ANY RECORDED HUMAN RIGHTS VIOLATIONS?
3. IDENTIFY STAKEHOLDERS: COMMUNITY ORGANIZATION, STATE, COMPANY, CIVIL
SOCIETY, NGO
4. DESIGN A HYPOTHETICAL MONITORING SYSTEM BASED ON THE MAJOR CONCERN:
WATER, SOIL, DUST ANALYSIS, HUMAN RIGHTS IMPACT ASSESSMENT
5. DESIGN A HYPOTHETICAL CONTROLLING MECHANISM: WHO CONTROLS THE
MONITORING COMMITTEE? HOW CAN YOU GUARANTEE TRANSPARENCY?
6. THINK ABOUT COMMUNICATION STRATEGY: HOW TO COMMUNICATE THE RESULTS OF
THE MONITORING WITHIN THE COMMUNITY AND OUTSIDE THE COMMUNITY? 
 
Kenya Group Mozambique Group
- The community identified is the Turkana Community. - The identified community is Moatise, located near a
- The climatic condition of the area is arid, semi-arid large coal mine in the province of Tete. 
area. The community’s economic activity is pastoralism - Yes, the area has been facing conflicts in the recent
but the regions continue to be under-developed. past.
- Yes, the region faces conflicts arising from pasture - The area has been affected by environmental
and livestock conflicts. pollution as a result of constant use and mining of
- The major cause of concern usually revolves around coal. Polluted media include the air, land, and water.
the pasture, water, climate change and the loss of - From a social point of view: those who previously
biodiversity. From a social point of view, the area of owned the land are unhappy with the resettlement
concern is the high level of inequality, low literacy plan.
level, and infant mortality rate. - Human rights violations have been reported,
- The area has recorded cases of extra-judicial killings, especially during the implementation of the project.
social-economic violation, and discrimination. The mining activities meant that children had to
- Stakeholders include the county government, change schools, and relocate from their farms due to
National government, the risks of residing near a mine site. 
- The monitoring system includes:  - Stakeholders involved include: local, government,
• data collection from human and environmental civil society and the CBO’s
rights, - Those involved in the monitoring system will have
• undertake baseline data and monitoring framework, to be the government, the community and the
• identify the various legal standards, stakeholders in order to ensure that monitoring is
• undertake training for those to be involved, carry out done in a continuous process.
the necessary consultations, - Communication is to be done through regular
• identify the financing sources, committee meetings.
• Decide on the reporting timeline
- To guarantee transparency the following measures
are to be put in place: through openness, be very clear, Download full summary here. 
encourage the involvement of observers and the
media.
- Communication strategy to be used include using
faith-based organizations, Barraza’s, media and
newspapers.

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
that would be involved in using and
benefiting from the guide.
Answer: Key stakeholders include the community,
county government, landowners, the mining company,
national government (national land commission).
Question 3: Pick one or two of the best
ideas and transform into possible
objectives
Answer: To prepare information to be disseminated,
discuss the dissemination toos to engage the key
stakeholders.

Question 2: Identify how strategic Question 4: Define at least 3 proposed

communication planning can be part next steps for how to realize the ideas
of the solution to disseminate and use and who needs to be involved.
the guide. 
Answers:
Answer: The community needs to be sensitized. - Identity whom to be involved.
Communication strategy includes: - Identify the funding mechanism for the activity.
- Identify forum to disseminate the information, including
- Identify the stakeholders
churches, meetings. 
- Prepare materials to be disseminated, such as
- Identify who will be the facilitators such as community
short published version booklets translated to the leaders, church elders, local administration.
local language
-  Identify the funding mechanisms
- Discuss the mode of dissemination of
information which includes seminars and
workshops, one on one forums, the media, Barraza
with the community elders, discussion websites.

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.

There three levels of capacity:

- Individual level: Skills, knowledge attitudes, experience.
- Organization level: Incentives and knowledge management, resources, procedures.
- Enabling environment: Policies, legal, coordination, power.

Group discussion - Vision: Empowered communities in a good environment as

a result of sustainable mining

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?

- Ministry of mining: effective monitoring and enforcement.

- 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.

- Strengthen interagency coordination for the mining sector.

- Contextual drivers/ barriers.

23
visit the kwale workshop website for background readings
and complete presentations
Copyright @ UNDP 2018
By the United Nations Development Programme

1 UN Plaza, New York, NY 10017 USA

All rights reserved. No part of this publication may be reproduced, stored in a

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Photo credits: 

Cover: iStock photo/Irinelle 

Page 11: iStock photo/Abadonian
Page 15: Friends of Earth International, Guatemala
Page 18: iStock photo/Orbon Alija
Page 19: iStock photo/Abadonian 
Page 24: iStock photo/Djedzura