International Guidelines on Mercury Management in Small-Scale Gold Mining. Paper by Sam Spiegel and Marcello Veiga

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International Guidelines on Mercury Management in Small-Scale Gold Mining Paper by Sam Spiegel and Marcello Veiga (*samspiegel@gmail.com)

Overview Why have international guidelines at all? Are challenges with ASM/Hg beyond hope? Are international guidelines doomed to be ineffective? GMP Policy and Governance Initiative Lessons

Study Aim: How to Remove Barriers to the Adoption of Cleaner/Better ASM Practices TECHNICAL, SOCIAL, ECONOMIC & POLITICAL BARRIERS (at local, national, regional & global levels)

Global Governance Challenges: ASM Population Growing ASM produces 20-30% of global gold production 13-15 million people involved in artisanal and small-scale gold mining (ASM) in > 55 countries Predictions that some African countries will see indigenous mining populations triple before the year 2015 Zimbabwe, 2003 Mozambique, 2005

Governance Challenges ASM can contribute to poverty alleviation Many governments have altered mining laws to promote ASM for poverty reduction (Ghana, Tanzania, South Africa) Government institutions are not generally equipped to deal with poor rural communities; and policing miners usually doesn t t work Environmental and health impacts are often extensive

Addressing the Sources of Mercury Pollution in ASM Point Sources: Tailings & Amalgam Root Sources: Social & Economic

From the Perspective of Miners Interviewed: Governance Challenges Government assistance programs are not accessible in rural areas ASMs lack financial resources or technical training ASMs often may not see incentives for participating in formal sector (e.g. registration costs, taxes, bureaucracy) Exploitative trade/labor markets (Au & Hg) create poverty- environment traps - Labour exploitation and mercury pollution often go hand in hand Lack of recognition of ASM/SSM rights and/or needs Lack of resources/commitment to register and assist ASM

How to remove barriers? Integrate Hg reduction into community development priorities Build trustful relationships; continuous support for communities Work with leaders - strengthen formal and informal governance Seek out vulnerable groups (women amalgam burners, etc) Improve women s s participation Promote equitable distribution of resources and opportunities Participatory diagnostic of community development plans

Global Mercury Project Strategic Plan on Policy and Governance Aims to remove barriers to the adoption of cleaner technologies of ASM, with emphasis on reducing mercury pollution, by strengthening policy and institutional measures to support and sustain better environmental management

Global Mercury Project Policy and Governance Action Framework 1. International Guidelines 2. Capacity-Building & Institutional Strengthening 3. Policies on Small-Scale Gold Mining & Mercury 3.1) Mercury Use Policies 3.2) Compliance Strategies 3.3) Mercury Trade Policies 3.4) ASM (Mining) Sector Laws & Policies 3.5) Micro-Finance Initiative 3.6) Fair Trade Gold Markets 4. Global Partnerships for Development

Global Mercury Project Policy and Governance Action Framework 1. International Guidelines on Mercury Management in ASM 2 Potenial Kinds of Guidance: - Guidance on transitioning to Hg-free processes - Guidance on minimum threshold requirements for eliminating Hg misuses and main hazards

Global Mercury Project Policy and Governance Initiative 2. Capacity-Building & Institutional Strengthening Strengthening of Multi-Sector Cooperation with Government Agencies and other Organizations in Support of Capacity-Building, Technology, Training, Education & Mobilization of Resources to Facilitate/Assist in Project Aims COMMITMENT FOR TRAINING TEAMS OF LOCAL TRAINERS

Global Mercury Project Policy and Governance Initiative 3.1. Law, Policy & Community Codes on Mercury Assistance to Governments and Stakeholders in the Development of Legislation, Regulation and Community Codes on Mercury Management in ASM

Example: GMP Policy Recommendations in Zimbabwe Focus on national policies to reduce Hg misuse & replace inequitable technology in mills Hundreds of milling centers nationwide (hundreds of thousands of miners) Milling centers are the major sites of mercury pollution Fixed centers, often near villages

Eliminating the 3 main pollution sources 1. Prohibit whole ore mercury-amalgamation (i.e. Hg must not be used until after the ore has been concentrated with a Hg-free method) Replace With Or 2. Prohibit the combined use of Hg and cyanide and the cyanidation of Hg-rich tailings 3. Prohibit the heating of Hg amalgam without the use of a retort to contain vapor

Protecting water bodies and homes Do not use Hg near water body Do not use of Hg near houses Use concrete lining for amalgamation ponds Other aspects Standards for Storage and Disposal Safety labeling and posters Control of mercury burning in gold shops

Community-based monitoring through multi-actor accountability Multi-Actor Responsibility: Mine owners, mine managers, and gold dealers are legally responsible (as well as miners) Mine owners also are responsible for informing about hazards and providing appropriate equipment Mine managers designate Amalgamation Centers Clear responsibilities for local authorities

Eiminating Major Hazards in Milling ( Centralized / Semi-Formal ASM)

Discussions with miners

Understanding Community Perspectives In the words of one miner Mercury is our friend but it is also a danger It is important for everybody that clear standards are created and followed.

Policy review workshop with Mines Officers

New Mercury Policy in Kalimantan, Indonesia

Global Mercury Project Policy and Governance Initiative 3.2) Education and Promotion of Compliance Reinforcement of Government Capacity to Promote Compliance in ASM Communities through Awareness-Raising about Hazards and Technical Efficiency - and Monitoring Strategies GMP Sudanese Nurse discusses Hg health awareness with the Head of the Gugub Village

Global Mercury Project Policy and Governance Initiative In Zimbabwe, GMP Reaches Out to Miners Nationwide (Theme: Hg and Social Empowerment)

Bottom-Up & Top-Down Policy Perspectives requirements laws and regulations Community-driven codes of conduct compliance Community awareness Education Training Organizational capacity-building Incentive-based approaches enforcement Monitoring and legal sanctions Community-based monitoring Self-enforcement community capacity-building

Global Mercury Project Policy and Governance Initiative 3.3a) National Mercury Trade Development of Knowledge and Tools for the Reinforcement of National Capacities to Track, Monitor and Regulate the Domestic Trade and Distribution of Mercury Used in ASM Examples of main issues: - Capacities to detect and halt illegal traffic in Hg - Raise the legal classification of Hg to the class of Hazardous Substance (requires labeling, licensing, etc)

Global Mercury Project Policy and Governance Action Framework 3.3b). Transboundary Mercury Trade Assessment and Recommendations on the Transboundary Trade of Mercury with a View of Reinforcing Government Capacities for Regulating the Export and Import of Mercury Used in ASM Example: EU and US policy commitments to phase-out Hg exports by 2012/13

Global Mercury Project 3.4) National ASM Sector Policy Policy and Governance Action Framework Development of Recommendations to Governments on Policy to Enhance Organization, Coordination and Pro- poor Empowerment in the ASM Sector Improve organization of ASM sector Improve environmental performance

Indonesia GMP legal proposals NATIONAL GOVERNANCE LEVEL Create Special Provision on ASM in New Mining Law Facilitate legal framework for ASM recognizing value of formalization of informal ASM activity Create Regional Environment Act (Empowering Local Authorities) Government Assistance Programs (and funds) to ASM

Kalimantan, Indonesia New Mining Law to Support Rights of Indigenous Miners New law adopted in 2006 People s s Mining Law - one of the 1st local government laws to provide rights framework for indigenous miners in Indonesia -establishes licensing framework for individuals and cooperative mining

Sudan GMP legal proposals Legalize indigenous mining Develop a licensing process for indigenous ASM Improve licensing process of gold and Hg dealers Develop environmental standards Establish joint national/regional instrument for monitoring environmental management Commit government resources to encourage ASM to form associations/cooperatives

Laos GMP legal proposals Government has adopted ASM Regulatory Framework (including environmental health and safety standards) Re-evaluate evaluate the possibility of devolving administrative powers (and resources) to Local Government level

Zimbabwe: Local Capacities to Assist and Monitor ASM Mine Village Central Govt Laws and Ministries Local Government

Global Mercury Project Policy and Governance Action Framework GMP strongly recommends reforming EIA (Environmental Impact Assessment) Policy Protocols for ASM Needs to be: -Simple, Clear -Comprehensive of all major risks (incl. Hg) -Streamlined, Not bureaucratic -User-friendly -Appropriate for subsistence workers

Global Mercury Project Policy and Governance Action Framework 3.5) Micro-Credit Initiative Development of Pilot Programs Enabling ASM Communities to Access Credit and Finances to Support Technology Transfer Tanzania: GMP Seminar on Micro-credit Sudan: GMP Pilot Program - working with 5 groups of 20 miners to create villagebanking for cleaner technology.

Global Mercury Project Policy and Governance Action Framework Development of Community Strategies to Encourage the Formation of ASM Cooperative Organizations and Programs for their Support GMP Training on Cooperative Business Development

What is a Trust Group?

Global Mercury Project Policy and Governance Action Framework 3.6) Fair Trade Gold Development of Criteria and Market Systems for Fair Trade Gold in ASM FAIR MARKETS (fair prices and equitable markets) FAIR STANDARDS OF PRODUCTION (social and environmental) Fair Trade = Incremental Progress

Global Mercury Project Policy and Governance Action Framework 4) Global Partnerships for Development Strengthening and Expansion of Global Partnerships for Development - Joint Activities, Regional Network Capacity-Building, Global Awareness and Resource Mobilization

Lessons Removing barriers to cleaner & better ASM is possible Sustainable progress requires strengthening policies and governance at local, national, and global levels Local communities must be involved not merely as key partners in development rather, they must be key drivers of development Priority must be on supporting community-based decision-making, management and monitoring Developing clear national law on Hg is vital Multi-actor accountability is key (miners, mine owners, mercury/gold dealers, etc)

Lessons (cont d) Awareness of ASM sector challenges must be strengthened Improving environmental management requires strengthening ASM-sector law, policy and governance (institutional coordination; ASM licensing; inclusive and equitable trade markets; ASM integration in formal economy; etc) Commitments to restrict/phase-out international Hg trade must be accompanied by extensive efforts at local capacity-building Government commitments needed on ASM community outreach on training, capacity-building, technology support Microfinance and empowerment/training on cooperative organization and trust-building is key Broad stakeholder participation at all levels is vital

THANKS.