Part II guidance Notes Pillar I – Laws, Policies, and Institutions
Institutional frameworks and capacities
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MPF Part II Guidance Notes - For Ratification (1)
1.2 Institutional frameworks and capacities
1.2.1 Define and coordinate roles and responsibilities of government institutions involved in the governance and management of mining. • Effective governance of the mining sector often requires the involvement of multiple government agencies. Where requirements are issued by multiple governmental agencies, care should be taken to ensure that obligations and procedures are aligned and do not conflict and result in unnecessary duplication or inefficiencies. This also ensures accountability. Therefore: o Internally – Roles and responsibilities should be clearly outlined in laws or procedures for all aspects of the mining project life cycle. o Externally – Information about the responsibilities and relations between different institutions and their mandates should be publicly disclosed and accessible. • There should be coordination among government institutions for inspections, enforcements, auditing procedures, and sharing of information. 1.2.2 Establish robust monitoring and enforcement mechanisms with appropriate sanctions and resources to ensure compliance with laws and regulations. • Government institutions should have an effective oversight role in ensuring that laws and regulations are implemented by mining entities throughout the life cycle of the mines with clear rules and expertise in institutions responsible for mining and mechanisms. • Monitoring and enforcement mechanisms and agencies should be sufficiently resourced, financially, and with human resources and equipment. These activities could be funded by mining revenues or paid for by mining entities and designed in a way that does not compromise government agencies’ independence. • As part of its monitoring activities, governments should conduct ad hoc inspection visits to mine sites. Government should use external technical experts when it lacks internal capacity to audit technical activities, such as management or closure plans, to validate risk assessments, and/or activities associated with high-risk elements. 4 • Violations, breaches, and non-compliance of laws, regulations, and agreements should be subject to adequate sanctions. Sanctions should be non-arbitrary, enshrined in laws and regulations, and commensurate with the level of violation to fairly and effectively uphold the law while serving as a deterrent. • Governments should provide guidelines and/or promote participatory monitoring mechanisms for the management of environmental and social issues as an effective way to build credibility and trust among stakeholders. Mechanisms should include women (especially women’s organization and other grassroots NGOs) and other under-represented groups. Appropriate resources should be allocated to enable participatory monitoring. 1.2.3 Strengthen institutional capacities and allocate resources to enhance expertise, transparency, and accountability. • Ongoing training and mentorships programs should be in place to enhance technical skills and knowledge of government officials. • Download 0.9 Mb. Do'stlaringiz bilan baham: |
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