A Poisonous Mix - Human Rights Watch

inding mining code is scheduled for 2014. 397 The aim of this process is to harmonize
approaches to mining and avoid a race to the bottom in which states offer incentives for
international mining companies without sufficiently protecting state revenue.
The directive underlines the obligation of states, holders of mining rights, and other
mining businesses to respect human rights, including child rights, to protect the
environment, and to work transparently. However it hardly mentions artisanal mining. 398
The policy, which ministers validated in June 2011 and which will be adopted later in 2011 by
heads of state, addresses artisanal mining issues. 399 It calls for the regulation and
development of artisanal mining, and commits member states to improve artisanal mining
activities through changes in the regulatory framework as well as the formation of cooperatives
of artisanal miners, programs of technical and financial assistance, and other capacitybuilding
measures. It also calls on states to “promote the harmonious co-existence between
large-scale mineral operators and ASM [artisanal and small-scale mining] operators.” 400
The future mining code could become an important regional tool if it contains a clear
prohibition of child labor in artisanal gold mining, and mandates measures to reduce the
use of mercury in artisanal mining.
International Efforts to Create a Child-Labor Free Gold Supply Chain
Businesses are increasingly recognizing that they have to adhere to human rights
standards, including child rights and environmental standards. A range of voluntary
standards and codes has been developed at the international level, some of them general,
others specific to the mining sector. However, so far their impact has been very limited in
Mali’s artisanal mining sector.
Some initiatives seek to specifically ensure a child labor free supply chain of artisanally
mined gold. Most importantly, two organizations with experience in fair trade labeling and
artisanal gold mining recently published the “Fairtrade and Fairmined Standard for Gold from
Artisanal and Small-Scale Mining.” Under this fair trade label, producers have to be organized
397 “ECOWAS sets up committee on mining reforms,” Oxfam (America) news release, October 27, 2010,
http://www.oxfamamerica.org/articles/ecowas-sets-up-committee-on-mining-reforms (accessed August 10, 2011); Human
Rights Watch telephone interview with representative of OXFAM, August 26, 2011.
398 ECOWAS, “Directive C/DIR.3/05/09 on the Harmonization of Guiding Principles and Policies in the Mining Sector”, Abuja,
May 26-27, 2009, art.15.
399 “Ministers validate ECOWAS Mineral Development Policy”, PANAPRESS, June 7, 2011, http://www.panapress.com/
Ministers-validate-ECOWAS-Mineral-Development-Policy--12-777113-100-lang2-index.html (accessed September 8, 2011).
400 ECOWAS Industry and Mines Directorate, “ECOWAS Mineral Development Policy. Revised Draft,” April 2011, art. 2.8.
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