SITUATION ANALYSIS OF THE SMALL-SCALE GOLD ... - WWF

mining affairs” (emphasis added). Article 90 of the Constitution of the Republic of
Suriname places the responsibility for policy making in the mining sector with the
President, and this is mentioned not only in the latest draft mining law prepared by the
Partnership Geologists and Miners (PGM), but also in the earlier version of the BGS .
However, nowhere in the explanatory note of the latest draft law it is explained how
policy guidance would be dispensed by the President. Since the Policy Note 2001-2005
contains only a very rough outline of a few policy issues, should the Minister of Natural
Resources call the President every time a decision has to be taken that has some policy
implications?
5.2 The purpose of an integrated gold mining policy
The current approach to gold mining policy development leaves the stakeholders in the
dark; they are forced to speculate what the President will decide when key policy
questions arise. This is a weak basis for developing an enabling environment in the gold
mining sector.
It can be argued that every nation has a national mineral policy. In some
instances this can take the form of a stand-alone document but more often such a
policy must be interpreted from the legal framework, government administrative
practices and announces by key government officials (e.g., such as speeches by
the Minister for Mines) Where the policy does not exist as a stand-alone
document, determining what the policy is for any particular issue can be a
challenging and in many cases, highly speculative process (Otto 1997, p.2 in Otto
and Cordes 2002, 2-1).
Simply referring back to the President for policy guidance in the draft mining code
provides insufficient transparency to the investor and miner, but also to government
officials and civil society. It is important for everybody in the sector to have a clear
understanding of the government‟s position on the gold mining sector. A fully developed,
integrated stand-alone policy document is the only way to achieve this objective. Such a
document would serve the following purposes:
Consensus building: The process by which the policy document is prepared can
be used as a consensus building tool, allowing important issues to be identified,
discussed and agreed on before legislative drafting and administrative revisions
commence. It is important that consensus is reached on the basic policy principles
before regulatory reform gets underway.
Policy: It provides guidance to the mineral industry on the government‟s position
regarding key issues.
Planning: It can serve to provide realism and perspectives for understanding the
role of minerals in national development, as well as the role to be played by the
various key stakeholders in the mining regions and zones.
Legislative drafting: It provides guidance to those drafting the law and those who
will debate and approve the law on the direction and expectation of the nation
with regard to regulating the sector.
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