STAKEHOLDER ENGAGEMENT

IN THE MINING SECTOR

Kwale, May 14, 2018
 TOPICS COVERED

 Why stakeholder engagement?

 Types of stakeholder engagement

 Key principles for effective engagement

 Ex: Stakeholder engagement in EIA process

 WHY ENGAGING STAKEHOLDERS RELATED TO MINING?

1) It’s a human right & legal requirement

Equal participation in
political and public affairs
▪ Core element of human
rights-based approach to
eliminate marginalization
and discrimination
▪ Inextricably linked to other
human rights (e.g. rights to
peaceful assembly and
association; freedom of
expression etc.)
Principle 10 of the Rio
Declaration
“Environmental issues are best
handled with participation of all
concerned citizens”
▪ Access to information
▪ Opportunity to participate in
the decision-making process
▪ Effective access to
administrative and judicial
proceedings
International and national norms, policies &
legal requirements (examples)
▪ UN Guiding Principles on Business and Human
Rights
▪ Free, prior & informed consent (FPIC), ILO 169
▪ IFC Performance Standards (PS1)
▪ OECD Due Diligence Guidance for
Meaningful Stakeholder Engagement
▪ Intergovernmental Forum on Mining and
Sustainable Development – Mining Policy
Framework
▪ Africa Mining Vision
▪ Home Government requirements
▪ Host government policies and regulations
 WHY ENGAGING STAKEHOLDERS RELATED TO MINING?
2) IF done right, it brings benefits…
For communities For proponent / business For Governments
✓ Opportunity to raise ✓ Raises awareness of potential ✓ Achieves more informed,
concerns impacts accountable decision
✓ Access information and gain ✓ Helps obtain local data making
understanding of impacts, ✓ Legitimizes projects, ✓ Ensure fairness, transparency
✓ Influence policies, practices, proposals, ensures greater – avoid accusations that
decisions acceptance decisions are “made behind
✓ Empowers people and ✓ Improves public trust closed doors”
creates sense of responsibility ✓ Helps gain social license to ✓ Enhanced trust by
✓ Increase accountability of operate community
company ✓ Avoids costly delays, conflicts ✓ Avoids costs, lost revenues
✓ Ensure all relevant issues are due to delays, conflict
raised, addressed

…and helps identify solutions that lead to sustainable development

 STAKEHOLDER ENGAGEMENT FOR WHAT PURPOSES?

Engagement contributes to ensuring “benefit

sharing” and sustainable community
development:

o Different types of mining approvals

o Fiscal impacts - Sharing and managing
financial benefits at local, national levels
o Economic impacts - Promoting and ensuring
linkages to local economy
o Managing environmental and social impacts

Stakeholder engagement is a continuous process

that takes place across the life cycle of a mine
(before, during, after)
 TWO LEVELS OF STAKEHOLDER ENGAGEMENT
National level, e.g.
✓ Define mining policies, regulations,
guidelines etc.
✓ Ensure transparency, accountability
in revenue management (e.g. EITI)
✓ Strategic Environmental and Social
Assessments (SEA/SESA)
✓ To develop vision for mining’s role in
national development – alignment
between mining and the SDGs,
Agenda 2063 etc.
Mine site, district / county level, e.g.
✓ Prior consultation, consent (FPIC)
✓ EIA – EMPs, environmental monitoring
✓ Access to land
✓ Participatory land use planning
✓ Resettlement processes
✓ Local content planning, development
✓ Local revenue management, Community
Development Agreements
✓ Dispute resolution, grievance mechanisms
✓ Mine closure process / design for closure
 SOME GENERAL PRINCIPLES TO GUIDE
ENGAGEMENT EFFORTS

▪ Early start ▪ Transparency, openness

▪ Process is more than, or as ▪ Accountability
important as, outcome ▪ Ensure its fit for purpose – type of
▪ Combine formal and informal engagement
interaction ▪ Strive for mutual benefit, concrete
▪ Inclusivity results
▪ Empowerment
▪ Engage for the long-term,
commit to the process
▪ Engagement in good faith
TYPES OF STAKEHOLDER ENGAGEMENT

And..:

- Negotiate
- Consent seeking
 Development and submission of project proposal

Screening
ENGAGEMENT IN
EIA PROCESS EIA required EIA not required /
only limited impact
statement
Scoping and TOR
development

EIA study & report

development

Review of EIA report

Approval with Approval Rejection

conditions
Implementation

Monitoring

Auditing

Decommission
 KEY PROCESS: STAKEHOLDER ENGAGEMENT IN EIA

Key steps for

engagement in
the EIA process:

Source: Guidelines on public

participation in EIA in Mekong
Region. Pact 2017
 Proposed minimum level of participation at each EIA step:
Public Inform Consult Involve Collaborate Empower
participation
goal To provide the To obtain public To work directly To partner with the To negotiate final
public with feedback on with the public public in each aspect decisions between
balanced and analysis, alternatives throughout the of the decision the public and
objective and/or decisions. process to ensure including the decision-makers
information to assist that public development of
them in concerns and alternatives and the
understanding the aspirations are identification of the
proposed activity, consistently preferred solution.
alternatives, understood and
EIA Steps: opportunities and/or considered.
solutions.

Screening
Scoping
Investigation &
report prep.
Review
Decision In some cases, i.e.
when FPIC applies

Appeal
Monitoring
 KEY PROCESS: STAKEHOLDER ENGAGEMENT IN EIA

Key principles for effective EIAs and meaningful public

participation:

1. EIA is legally established, clear and transparent process

2. Proponent funds assessment
3. Properly plan meaningful public participation processes
in all steps of EIA
4. Give special attention to vulnerable groups
5. Allow sufficient time for participation in all EIA steps
6. Make all relevant information available &
understandable
7. Open and evidence-based decision making
 ROLES IN ENSURING PARTICIPATION IN EIA PROCESS
EIA Authority (Government)
✓ Oversee and implement EIA
framework:
o Set expected public
participation processes
o Register, authorize EIA
consultants
✓ Maintain records of all EIA processes
✓ Make screening decision
✓ Decide on scoping report and EIA
TORs, including public participation
plan.
✓ Review EIA reports & make
recommendations to decision-maker
✓ Facilitate public participation in EIA
report review
✓ Maintain records of all comments by
stakeholders and how they were
considered in the decision
✓ Provide the EIA decision to all
stakeholders
Proponent (company)
✓ Initiate and comply with EIA
process, especially public
participation requirements
✓ Engage EIA consultant
✓ Fund EIA, including public
participation in all steps
✓ Publicly release all relevant
information on proposal.
✓ Participate in public
participation processes
✓ Implement all commitments
during the EIA process and
EMP
✓ Engage stakeholders in EMP
implementation
EIA Consultant
✓ Lead EIA investigation and
report preparation
✓ Liaise with stakeholders
✓ Prepare and lead public
participation processes up until
EIA report is submitted
✓ Participate in public
participation processes at the
EIA report review and decision
steps
✓ Maintain records of all
comments to the project
proponent and EIA consultant
during the EIA process,
including how they were
addressed in the EIA report
THANK YOU!

OBRIGADO!