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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

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 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 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
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
slide13

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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