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

institutions will be involved, both in town and in the field? How will compliance be
fostered? How will confidence in these institutions and their authority be fostered, and
how will measurable outcomes be ensured? How will their independence and integrity be
assured?
The rights of Indigenous, Maroon and migrant communities. How will the rights of
Indigenous and Maroon communities be articulated in the SSM laws and regulations?
How will independent and respected arbitration and appeal mechanisms be created to
ensure protection of the rights and interests of these communities? What role will be
allocated to the traditional authorities in the administration and management of SSM
zones in customary settlement areas? How will compensation mechanisms be developed
and how will the government assure independent and impartial application, control and
monitoring of these instruments?
Illegal mining and security issues. How will the transition from illegal to legal mining
be anticipated, structured and phased? How will this transition be implemented? How
will security in the mining zones be organized, executed and monitored? How will the
necessary resources, communication and controls be instituted and maintained over time?
5.5 The new draft law
A new mining law was drafted in 2002 by the Society of Geologists (Maatschap der
Geologen) to address some of the problems currently experienced in the mining sector
and paucities in the existing mining legislation. The processes of drafting and approval
have been lengthy and contested. Now, three years after the first draft version appeared,
the new Mining Decree is being evaluated in the State Council (Staatsraad). From here it
will be sent to the National Assembly for approval.
The new draft mining law (Version of 16-10-2003) is an improvement over the old
mining code in several areas. This proposed law provides regulations to curb
environmental degradation (among others art. 13.5; art. 20; art 30.1; art 38.1j; art. 41; art.
45.1; and art. 64), taking the norms and standards of the World Bank Pollution
Prevention and Abatement Handbook & Operational Policies as a guideline.
The draft new mining law also obliges the holders of an exploitation right to submit an
Environmental Impacts Report (Milieu Effecten Raport), which must include plans,
analysis, and prognoses of possible environmental impacts. It also must include a socalled
Environmental Management System (art. 64; Milieu Beheer Systeem), which
presents strategies employed to mitigate or reduce adverse environmental effects as well
as the selected measurement techniques.
The 2002 document also shows improvement in regulations concerning labor relations
and the employment of foreign laborers (art 18). Furthermore, fees now are expressed in
US Dollars. And SSM rights have been made transferable and can be leased to others
(art. 12.2). Several other administrative changes have been made in an effort to regulate
SSM in a way to also protect the interest of the miners.
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