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

Help guide law drafters and law makers in realizing realistic and effective laws
Provide guidance for institutional development
In order to further clarify the need for a stand-alone policy document, a list of unresolved
policy issues was reviewed in the context of a framework for SSGM policy development.
The new draft law was reviewed next, and the critical need for a more functional
classification scheme was indicated. It was pointed out that the simple dual-classification
scheme would lump together mining activities of a very different scale that also have
significantly different environmental impacts. The problem of defining ore deposits vis-àvis
the various mining systems is also an issue that has to be addressed in the new law. A
more elaborate three or four-tier system is needed that separates manual or partially
mechanized SSM from highly mechanized gold mining methods that process much large
volumes of ore and discharge much larger volumes of effluent.
In the new draft law no effort was made to define and introduce provisions for the
regulation of „concession leasing enterprises.‟ This relatively new phenomenon should be
regulated, because these types of enterprises could play a critical role in helping organize
and manage the mining regions and zones. There are several concession leasing
enterprises that have developed elaborate control mechanisms in the field. These
instruments should be carefully studied to see what useful elements they contain which
can be incorporated into a regulatory system in the SSGM sector. The participation of the
private sector in bringing the sub-sector under control is also critical and should be
investigated and discussed.
A better developed classification scheme of the various mining systems could also have
beneficial environmental impacts. It is not recommended that stringent prospecting
requirements are attached to manual or artisanal SSM. However, in view of the amounts
of top-soil and ore that are stripped or processed by hydraulic mining, it would make
sense to require some sort of exploration. A distinction between pre-investment
exploration and pre-mining exploration is suggested in order to distinguish million dollar
ore assessment programs from much simpler but functional exploration that can be
required for hydraulic mining. The miners themselves would be the greatest beneficiaries.
In view of the sensitivity of the subject matter, it was suggested that efforts to reform the
sub-sector should begin at the level of the legislative branch. Once a broadly supportive
mining policy is in place, and the laws and regulations have been promulgated, the
executive should take the lead in implementing the new management and regulatory
schemes. It will take years to make the new laws and regulations operational; hence a
phased approach is suggested. It was pointed out, however, that there are some measures,
such as a retort law, which could be introduced almost immediately.
The problem of dealing with the rights of Indigenous and Maroon peoples is also
analyzed in relation to the need for an integrated policy dealing with this issue. If no
agreement is reached on the basic policy principles for protecting the land and resource
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