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Sharing Mining Benefits in Developing Countries - World Bank

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Box 2.3: Benefit-<strong>Shar<strong>in</strong>g</strong> FTFs between Indigenous Peoples and<strong>M<strong>in</strong><strong>in</strong>g</strong> Companies (cont<strong>in</strong>ued)Trust is jo<strong>in</strong>tly managed by a Traditional Owner Liaison Committee and m<strong>in</strong>erepresentatives.Elsewhere <strong>in</strong> Australia, the Indigenous Land Use Agreement (ILUA) andArgyle Management Plan Agreement (AMPA) together were considered themost comprehensive agreements ever negotiated between a resource companyand traditional owners <strong>in</strong> Australia <strong>in</strong> 2006. The Rio T<strong>in</strong>to owned ArgyleDiamond M<strong>in</strong>e is located <strong>in</strong> the East Kimberley region of Western Australiaand occupies the traditional country of a number of <strong>in</strong>digenous groups. TheILUA is a voluntary agreement entered <strong>in</strong> good faith by all parties and it wasthe result of three years of negotiation, replac<strong>in</strong>g an earlier “Good NeighbourAgreement” dat<strong>in</strong>g from the 1980s. The ILUA established two trusts:the Gelganyem Trust and the Kilkayi Trust. The Gelganyem Trust compriseseleven trustees, n<strong>in</strong>e represent<strong>in</strong>g the seven traditional owner estate groupsthat are party to the ILUA and two <strong>in</strong>dependent trustees. This Trust adm<strong>in</strong>istersthe Susta<strong>in</strong>ability Fund, the Law and Culture Fund, the Education andTra<strong>in</strong><strong>in</strong>g Fund, and the Miriuwung and Gija Partnership Fund. The Susta<strong>in</strong>abilityFund provides future generations of Miriuwung and Gija people with asignifi cant capital base <strong>in</strong>clud<strong>in</strong>g money for future generations.The Gelganyem Trust has developed a number of projects <strong>in</strong>clud<strong>in</strong>g an<strong>in</strong>digenous bus<strong>in</strong>ess development facility, scholarships funds, renal healthcare, and holiday programs for youth at risk. The Trust is funded throughroyalty payments and has successfully used these payments to leveragefund<strong>in</strong>g from the federal and state governments and private fund<strong>in</strong>g partners.The Kilkayi Trust has only two trustees and has been established toadm<strong>in</strong>ister payments from Argyle to <strong>in</strong>dividual families party to the ILUA.Laos. The Sepon Trust Fund was established to implement the Community/Indigenous Peoples Development Plan developed for the Sepon gold andcopper project <strong>in</strong> Laos. The Trust Fund was specifi cally chosen to reducethe risk of the m<strong>in</strong>e becom<strong>in</strong>g the provider of government services at thelocal level. All projects supported by the Trust Fund have to be aligned withthe broad government plan for the area to improve susta<strong>in</strong>ability. An eightmember board comprised of representatives from the company, government,and the two ma<strong>in</strong> ethnic groups govern the Fund, and a 17 membercommittee manages its day-to-day operations.Sources: ICMM 2010, NRC 2007, Newmont 2010, Jones et al. 2004, AHRC 2006.18 <strong>Shar<strong>in</strong>g</strong> <strong>M<strong>in</strong><strong>in</strong>g</strong> <strong>Benefits</strong> <strong>in</strong> Develop<strong>in</strong>g <strong>Countries</strong>

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