Transcript Presentation on Lessons Learnt from Aynak on Social

SOCIAL POLICY GUIDELINES FOR
MINING SECTOR IN AFGHANISTAN
Harjot Kaur
Senior Social Development Advisor, Ministry of Mines
Social Policy Guidelines
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Government intends to develop minerals sector in a way
that it generates economic prosperity in the country
along with sustainable development benefitting the
local communities.
With this perspective, Ministry of Mines has designed
social policy guidelines based on the lessons learnt
from the Aynak Copper mine project and other major
projects in the infrastructure sectors.
This involves host of social issues like land acquisition,
resettlement of affected communities, income
restoration, employment generation etc.
Social Policy Guidelines
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Social policy Guidelines have also taken into
account the international best practices and lessons
learnt in community development and poverty
reduction programs linked to mineral extraction
Social Policy Guidelines also provide guidance how
these lessons can be adapted to the Afghan
situation to provide a tool to the government and to
private mining companies to increase benefits from
mining for local population.
Mining Sector- Catalyst to Growth
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Afghanistan is bestowed with a rich mineral wealth
and over the next few decades the mining industry
in Afghanistan is set to grow in a big way.
Mining will be the primary mover of economic
prosperity and growth in the country as well as the
main source of revenue for the national government.
Ministry of Mines is committed towards sustainable
social development of the areas around mining sites
by providing maximum benefits to the local
population.
Existing Legal Policy Framework
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The existing legal and policy framework provides for a
strong basis for a more comprehensive and focused
social policy framework for mining sector in the country.
Afghanistan National Development Strategy (ANDS)
mentions the potential of the mining industry to
generate employment and accelerate development in
rural areas.
Legislation, Policies and Programs of Ministry of Mines
provide a strong legislative framework to encourage
private sector investment in the extractive industry in
Afghanistan.
Existing Legal Policy Framework
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Law on Managing Land Affairs (2008) is aimed at
creating a unified, reliable land management system to
resolve the problems and issues caused by the different
land management and title systems.
The proposed new Land Expropriation Law has many
important provisions related to acquisition of land for
public interest and payment of compensation at fair
value based on the current market rates etc.
The land Policy policy envisions the maximization of
social and economic benefits to the Afghan society
based upon the orderly and sustainable use of its most
important natural resource-land.
Need for Social Policy Guidelines
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The policy will further strengthen the Government’s role to
ensure community development in the project areas and in
implementing strategies for mitigation, avoidance and
enhancement of impacts of mining on local communities.
It will provide guidance for social development in the
project areas for the betterment of the living conditions of
the communities and for decent working conditions for
workers, vocational training and employment generation.
They are intended as a basis for the formulation of a
unified policy and framework for social development to
enable long term sustainable community development for
present and future mining projects of the country.
Objectives of Social Policy
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Enhance social and economic development by seeking opportunities
to address poverty.
Contribute to community development through benefit sharing
mechanisms
Community consultation and involvement in the process of
development
Contribute to mitigate negative social impacts of the project
especially on the project affected communities
Prevent or compensate any loss of assets and livelihood;
Enhance positive environmental and social outcomes and Protect
human health;
Engagement with women and other marginalized sections
Land Acquisition Laws
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Land acquisition in Afghanistan like most other
developing countries is a strategic and systemic
problem.
This has been surfacing in many sectors especially
around infrastructure, rehabilitation and development
projects.
This problem has been further accentuated by the fact
that the laws relating to land do not effectively address
the issues of land acquisition and compensation.
Therefore government needs to make more effective
laws on land acquisition and compensation
Land Acquisition and Compensation
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In case of Aynak the process of land acquisition has
been very long drawn
This is mainly because land acquisition process and
compensation are not well laid out in related legislation
and policies
There is a need to start the process of land assessment
and negotiation with the communities well in advance to
avoid delays and complaints
There is a need to fix up a cut off date to avoid influx
of people to the affected area for claiming
compensation
Resettlement of local Communities
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Companies should start the process of consultation with
affected communities before they start the exploration
work.
Such negotiations could continue throughout the life of
the mine and communities should be invited to
participate fully in decision making in the mine
activities.
This helps to improve communication with the
communities and their trust in government and the
mining company.
This also helps to get much better cooperation from the
local communities in the project activities.
Employment Generation
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Efforts should be made to employ as many people
from the local communities to work in the project
The hiring process should be fair and transparent
This helps to generate a sense of belonging towards
the project by the local people.
Since the local people are employed in the project,
their stakes are involved and they give their full
support for the success of the project
Income Restoration
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As relocation involves loss of land and other sources of
income to the affected persons, there is a need to
devise alternate means of livelihood before their
relocation is planned
Delays in providing alternate means of livelihood can
create lot of unrest and dissatisfaction among the local
communities
The alternate means of livelihood need to be planned
in a manner that the communities either have the same
standard of living or are better off than earlier
Social Protection for Mine Workers
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The mining companies must ensure implementation of
core labor standards protecting labor rights
The workers must be provided with proper working
conditions, adequate wages, leave, etc.
The mining company needs to plan out social protection
measures for the mine workers like medical support,
insurance, pension and develop programs for welfare
of the workers and their families.
Mining companies must provide training to workers on
safety techniques to prevent work & production related
accidents and occupational diseases.
Vocational Training
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There is lack of skilled labor to work in the mining
projects in the country.
The mining company needs to make adequate
arrangements for providing skill training to the local
workers.
The international mining companies should also
transfer skills to the local communities for
sustainable development
Development of Resettlement Site
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Government has to play a proactive role in
rehabilitation of the affected communities especially in
developing the resettlement site
All facilities for education, medical care, drinking water,
sewage, etc needs to be properly planned and
provided for in the resettlement site before the
communities are moved there
To ensure community engagement they need to be
consulted throughout the process of development of the
resettlement site regarding their requirements at the
site.
Thanks