Environmental and social impact assessments (ESIAs) are important tools for helping governments decide whether to allow the development of a proposed mine. Critical to this process is deciding what conditions should be imposed and whether the development will benefit the project-affected communities. If the benefits of the project are not deemed acceptable to the surrounding communities, the mine is likely to encounter conflicts, such as protests, roadblocks, or other legal and illegal actions. Support and trust in governments can also erode if a project is approved without community support. Therefore, the ESIA is an essential process through which communities can influence project plans and provide meaningful input to government decisions. Project approvals should be granted only when there is general community support, also referred to as a social licence to operate. This report provides background on how consultation and engagement can be integrated into legal frameworks regulating ESIA and mining, drawing from the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development’s (IGF’s) Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessment and Management (2020). Key elements of a strong legal framework for consultation and engagement surrounding mining projects should align with similar provisions as those in the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. The Aarhus Convention addresses timelines, responses to requests for information, types of information to protect and disclose, and government decision reporting requirements, among other important provisions. This report presents highlights of good legal frameworks that cover a mine’s life cycle and then looks at case studies that illustrate how different jurisdictions have further integrated mechanisms into their legal frameworks to address Indigenous Peoples and mining conflict. The report’s examples and case studies can be used by other jurisdictions to fill gaps and improve their ESIA legal frameworks. This document focuses on large-scale mining; however, legal frameworks for artisanal and small-scale mining may also benefit from the inclusion of consultation and engagement to help reduce conflict and improve environmental and social performance

The Importance of Consultation and Engagement in Environmental and Social Impact Assessments

Resource Key: ND99VHIA

Document Type: Report

Creator:

Author:

  • Jenifer Hill

Creators Name: {mb_resource_zotero_creatorsname}

Place: Canada

Institution: Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF)

Date: 2023

Language:

Environmental and social impact assessments (ESIAs) are important tools for helping governments decide whether to allow the development of a proposed mine. Critical to this process is deciding what conditions should be imposed and whether the development will benefit the project-affected communities. If the benefits of the project are not deemed acceptable to the surrounding communities, the mine is likely to encounter conflicts, such as protests, roadblocks, or other legal and illegal actions. Support and trust in governments can also erode if a project is approved without community support. Therefore, the ESIA is an essential process through which communities can influence project plans and provide meaningful input to government decisions. Project approvals should be granted only when there is general community support, also referred to as a social licence to operate. This report provides background on how consultation and engagement can be integrated into legal frameworks regulating ESIA and mining, drawing from the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development’s (IGF’s) Guidance for Governments: Improving Legal Frameworks for Environmental and Social Impact Assessment and Management (2020). Key elements of a strong legal framework for consultation and engagement surrounding mining projects should align with similar provisions as those in the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. The Aarhus Convention addresses timelines, responses to requests for information, types of information to protect and disclose, and government decision reporting requirements, among other important provisions. This report presents highlights of good legal frameworks that cover a mine’s life cycle and then looks at case studies that illustrate how different jurisdictions have further integrated mechanisms into their legal frameworks to address Indigenous Peoples and mining conflict. The report’s examples and case studies can be used by other jurisdictions to fill gaps and improve their ESIA legal frameworks. This document focuses on large-scale mining; however, legal frameworks for artisanal and small-scale mining may also benefit from the inclusion of consultation and engagement to help reduce conflict and improve environmental and social performance

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