The role of the s tate in mining
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The role of the s tate in mining. SADC Lawyers’ Association Annual Conference 23 August 2014 Olivier Binyingo Director – Afriwise Consult. The role of the state in mining. Importance Development of realistic mining policies

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The role of the s tate in mining

The role of the state in mining

SADC Lawyers’ Association Annual Conference

23 August 2014

Olivier Binyingo

Director – Afriwise Consult


The role of the state in mining

The role of the state in mining


Understanding the role of the private sector

  • Importance

    • Development of realistic mining policies

    • Enactment of legislation that provides the right incentives for policy implementation

    • Constructive negotiation of mining agreements

  • Examples

    • Understanding key principles of project finance

    • Understanding the importance of financialmodeling

    • Understanding international taxstructuring

Understanding the role of the private sector


Understanding the role of local communities

  • Importance

    • Local communities feel that they are yet to see the ‘upside’ of natural resource extraction

    • Local communities are becoming increasingly empowered

    • The state has the primaryresponsibilitytowardsthesecommunities

  • Examples

    • Understandingthe issues aroundinvoluntaryresettlement

    • Understandingthe needs in terms of education and capacity building required for local communities to benefitfromminingactivities

Understanding the role of local communities


Understanding its own role as a regulator

  • The role of the state following the end of colonialism

    • Strongemphasis on national sovereignty

    • State as regulator and producer (full ownership of naturalresources)

    • Stagnation & decline of the miningindustry

  • Redefinition of the state’srole by late 1980’s

    • Strongemphasis on privatesector as the driver of the miningsector

    • State only as regulator and deregulation

    • Despite FDI in the miningsector, the sector has not been a catalyst for broadbasedeconomicdevelopment

  • New era at the start of the 21st century?

    • Resource nationalisminspired changes

    • Stronger focus on environmental impacts

    • Stronger focus on social impacts

Understanding its own role (as a regulator)


Understanding its own role as a regulator1

Understanding its own role (as a regulator)


Understanding its own role as a regulator transnational framework

  • IFC Performance Standards on Environmental and Social Sustainability

  • RuggiePrinciples

  • EquatorPrinciples

  • OECD Due Diligence Guidance for ResponsibleSupplyChains of MineralsfromConflict-Affected and High-Risk Areas

Understanding its own role (as a regulator) – Transnational framework


Understanding its own role as a regulator foreign legislation

  • Foreign Corrupt Practices Act (USA)

  • BriberyAct (UK)

  • Dodd Frank Act (USA)

Understanding its own role (as a regulator) – Foreign legislation


Understanding its own role as a regulator regional harmonization

  • Harmonization of Mining Policies, Standards, Legislative and Regulatory Frameworks in Southern Africa

  • ECOWAS Directive on the Harmonization of GuidingPrinciples and Policies in the Mining Sector

Understanding its own role (as a regulator) – Regional harmonization


Understanding its own role as a regulator self regulation by the private sector

  • Adherence to voluntary standards, codes and certification schemes

  • Intra-firmmechanisms for regulating social performance

  • Inter-firmmechanismssuch as contracts and service standards

Understanding its own role (as a regulator) – Self-regulation by the private sector


Understanding its own role as a regulator discussion

How will the existence and development of multiple sources of regulation impact the role of the state goingforward?

Understanding its own role (as a regulator) – Discussion


Reading suggestions

  • AfricaMining Vision http://www.africaminingvision.org/amv_resources/AMV/Africa_Mining_Vision_English.pdf

  • Corporate Social Responsibility and development in Africahttp://www.sciencedirect.com/science/article/pii/S0301420711000377

  • The Role of Self-Regulation in ImprovingCorporateSocial Performance https://www.csrm.uq.edu.au/publications/the-role-of-self-regulation-in-improving-corporate-social-performance-the-case-of-the-mining-industry

  • FromFragility to Resilience – Managing Natural Resources in Fragile States in Africahttp://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/From_Fragility_to_Resilience_-_Managing_Natural_Resources_in_Fragile_States_in_Africa_-_Summary_Report.pdf

Reading suggestions


The role of the s tate in mining

A

Ground Floor, Rosewood House, Ballywoods Office Park, 33 Ballyclare Drive, Bryanston 2191, Johannesburg

P

Postnetsuite #305, Private Bag X21, Bryanston 2021

Olivier Binyingo

Director

E [email protected]

T +27 (0)10 5968517

M +27 (0)71 8858240

F +27 (0)11 4632093

S olivier.afriwise


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