SEPA-UNDP Global Programme on Environmental Governance for Sustainable Natural Resource Management (EGP) STRENGTHENING HUMAN RIGHTS AND RULE OF LAW IN THE GOVERNANCE OF MINING From Policy to Practice Annual Meeting 6-8 November 2017 - New York Annex 1: Participants List Annex 2: Minutes from Board of Advisors Meeting 1
Introduction The annual Environmental Governance Programme (EGP) meeting took place from 6-8 November in Glen Cove, New York. It was well attended by representatives from the four partner countries, the members of the Board of Advisors, SEPA and UNDP management teams, and experts. Annex 1 offers a list of participants. Efforts by the EGP to influence change are strengthened through each year s global meeting. It offers opportunity to convene government officials and experts to exchange views on global trends, country challenges, and lessons that inform EGP work and initiatives led by partner organizations. The meeting is used to help monitor and evaluate progress, document good practices, and update workplans with inputs from all stakeholders. The following Objectives and Outcomes were advanced by the meeting. Objectives Review program outputs, outcomes and impact and report on current progress. Share updates, good practices and lessons learned from EGP and partner initiatives within and across regions. Appraise and communicate institutional changes in countries, and not simply activities undertaken. Document and reflect on learning, both institutional and individual, as a result of such changes. Discuss challenges and opportunities in implementing and integrating human rights procedures and standards in the environmental public administration of mining. Reflect on and prioritize current and next phase work streams based. Outcomes A strengthened EGP community of practice through exchange of knowledge and learning. Clear priorities for the next phase identified based on country experiences and demand. Strengthened partnerships between national governmental partners, civil society, national human rights institutions, development practitioners and research institutions s engaged in the programme and similar initiatives. 2
Summary of discussions and key issues A summary of the main points and issues that arose during plenary breakout group discussions follows, organized around the following themes: 1. Key Country Challenges 2. Global Guidance Note 3. Mining and Governance Assessments: RoLPA and SESA This summary is complemented by a set of Mind Maps. 1. Key Country Challenges While each of the four countries reported specific challenges to their context, there seemed to be significant overlap across the main challenges they face. More detailed challenges are also presented in the annexed Mind Map. Public participation is an on-going challenge for all countries due to the lack of a coherent structure, approach and credible methods. Participation relies on trust, which is one of the first goals that government and mining companies need to achieve. This issue has also been highlighted during the EGP webinar series which have looked at cultural aspects of public participation, what works and what does not, how communities should be approached and engaged, how to sustain engagement processes, and recognizing that while there are principles and good practices in stakeholder engagement, there is no single model due to the highly contextual nature of communities. Countries also face challenges related to small-scale, artisanal and abandoned mines, including the use of mercury This challenge is exacerbated by limited country experience and technical capacity, as well as legal framework within which it is difficult to address informal mining. Although one might expect that conflict would complicate and increase the threat of environmental degradation in mining areas, the Colombia experience shows that natural resources can be protected during conflict. There is a need to learn more about how communities living in conflict areas contributed to a de facto governance structure in the vacuum of state-led environmental management. 2. Global Guidance Note Discussions on the global guidance note (GGN) were animated and constructive. They reaffirmed the demand for such a document and application of the comprehensive approach it describes for more effective environmental governance of the mining sector. General feedback on the GGN centred on what people perceived to be missing or lacking in the document and what could be better emphasized. These include issues of : capacity development; leadership; artisanal and informal mining; closing and post-closing phases; financial malpractice and money laundering; and medium and small-scale mining. There are also issues related to its static Plans to develop a more on-line interactive version were discussed. 3
Participants also commented on the planned course to be based on the GGN. The course needs to add a different dimension and layer to what is already in the GGN in the form of case studies, national strategies, and its more interactive format. 3. RoLPA and SESA Participants identified various ways to strengthen the RoLPA and SESA assessments in terms of their methodology and implementation. For example, methodologies for working with local governments need to be revised given the absence of concrete monitoring and inspection mechanisms in most countries. RoLPA need to address better issues around: access to information, implementation of the law and local level compliance, as well as small-scale and artisanal mining. There is also a need to address technical, governance and structural factors. Methodologically the assessment could provide greater legal clarity on the implementation of the law and identify more clearly groups impacted by mining activities. It also needs to simplify its language and consider adopting a system of graded scales for assessment without losing any of its current depth. The RoLPA methodology could also address how to set up a platform to file complaints, better coordinate responsible agencies and involve civil society in the assessment. 4
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Annex 1: Participants List 7
Annex 2: Board of Advisors Meeting Summary Participants: Board of Advisors Simone Ellis Oluoch-Olunya - UN Women, David Jensen - UNEP, Sueli Giorgetta - UNITAR, Soo-Young Hwang - OHCHR, Matthew Bliss -IGF/IISD, Flaviano Bianchini - Source International, Zamira Djabarova, Carl Bruch - ELI, Jonathan Hobbs UNDP Virtual participation Tim Scott, Casper Sonesson, Sadamitsu Sakoguchi, Ann-Cathrin Pedersen Maria Bang - SEPA, Claudia Ituarte Lima SwedBio Agenda Items: 1. Discussion of the Global Guidance Note. 2. Reflections on the EGP to date, including the Annual Workshop. 3. Opportunities for strengthened collaboration in 2018 and beyond. Summary: 1. Discussion of the Global Guidance Note (GGN) Content: Messages on gender equality, climate change, and substantive HRs could be better integrated. UN Women had shared comments that had not been reflected and advise that these be reflected in a separate Gender Annex or complementary gender focused publications. These and other cross-cutting messages will be highlighted more in the Executive Summary and supplementary materials, including the self-paced online UNITAR course. Greater emphasis could be made on what officials need to do, and on key components, such as legal obligations, the rationale for them, and their implications. Promotion, dissemination and country-level uptake: The title should be changed from global guidance note to something like reference document. The GGN can be presented at major events in 2018, including the HLPF, IGF, UNGA and promoted through partner websites and e-networks, including GOXI. It will be made available online and translated into French, Spanish and Mongolian. Country case studies can be used for the online course and in webinars. Some EGP countries will launch the GGN at national workshops, and/or prepare a national version and adjust laws and regulations based on its key messages and guidance. 2. Reflections on the EGP to date, including the Annual Workshop Overall, things are headed in the right direction: several activities are being advanced in EGP countries, and there seems to be a high level of trust and ownership in country and global communities that EGP helps to convene, including the Advisory Board. The EGP is starting to build a brand around its niche area of support, including procedural rights and environmental governance. There is scope for stronger engagement and collaboration with Advisory Board members and other partners. This could be facilitated by more regular information sharing, including quarterly updates on EGP workplans and activities to the AB, monthly newsletters, and visibility through other forums. Communication and knowledge exchange across countries and regions could also be improved. For this, EGP will plan joint workshops, peer exchanges, and lesson-sharing through GOXI and webinars. Regarding issues of gender equality, more women need to be included on workshop panels and in and country delegations. At the country level, options for ensuring a stronger combination of gender mainstreaming approaches and more targeted, budgeted gender activities need to be explored. 3. Opportunities for strengthened collaboration in 2018 and beyond Many opportunities exist to engage new partners and leverage existing partnerships and synergies: MapX can be used to support EGP deployment. UNEP also has strong capacity to conduct training on biodiversity monitoring of mining sites on the ground. There is also an opportunity to build on the existing MOOC on Environmental Security and Sustaining Peace by adding on modules. There is scope for closer collaboration with UN Women building on the Mozambique experience in phase two of the programme. There is strong country demand for additional support around small scale/artisanal mining. More attention can also be given to issues of benefit sharing and grievance mechanisms. This area of work could draw on the expertise of ELI on environmental rule of law. EGP is already exploring synergies with SwedBio and UNEP-WCMC as part of CBD COP preparations. Ongoing efforts to leverage synergies with the EC-funded development minerals programme, GEF-funded country EI programmes, including ASM GOLD, and the UNEP, UNDP, UN WOMEN, DPI progamme on natural resources and conflict prevention, are noted and can be strengthened. As part of preparations for the next phase of EGP, while some additional countries could be added depending on the overall funded envelope, but it may be more strategies to maintain and include a greater focus on deepening the support provided to the four existing EGP countries 8