Struggles for Safe Mining and Sustainable Development

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Struggles for Safe Mining and Sustainable
Development
ANROAV 2007, AMRC, Hongkong

• R.Sreedhar
• Trustee, Environics Trust
• Convenor, mines minerals PEOPLE, Delhi

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Mining in India

• The problem of people in mining is manifold. The
  destruction of the preexisting habitat for the
  mining industry undermines the possibility to
  look for alternatives
• The Mining Industry is wide spread and severe
  adverse impacts are visible from small scale rat
  hole mining and stone quarrying to large open
  cast and deep underground mines.

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Mining in India

• The social and political implication of mining
  assumes far reaching implication when this
  principal mineral wealth lies in the most
  forested regions and those homelands
  traditionally inhabited by dalit and adivasi.

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THE SITUATION

• THE GOVERNMENTS ARE UNWILLING TO LOOK AT OTHER
  OPTIONS AND ALTERNATIVES
• ARE PROGRESSIVELY BINDING THEMSELVES TO SYSTEMS
  THAT HAVE FAILED
• FOR ANY SOVERIEGN GOVERNMENT THE SECTORS OF THE
  ECONOMY HAVE NO MEANING, ITS FOCUS MUST BE
  WELFARE OF PEOPLE

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THE OVERALL SITUATION

• COMMUNITIES ARE POOR AND WEAK
• GOVERNMENTS ARE OPRESSIVE, YET THEY ARE
  LEGITIMATE
• THE MARKET OR INDUSTRY IS OVERPOWERING

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THE SITUATION

• LOCAL COMMUNITIES ARE CONSTRAINED AND BOUND AT
  MULTIPLE LEVELS THROUGH VARIOUS INSTRUMENTS
• ECONOMIC
• SOCIAL
• CULTURAL

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CONFRONTING THE REALITY

• PEOPLE ALL OVER HAVE BEEN MISLED BY FALSE
  INFORMATION FROM THE INDUSTRY AND PROMOTING
  GOVERNMENTS
• INDUSTRY WANTS TO TALK ON GENERAL ISSUES AND
  DESISTS FROM ANY COMMITMENTS ON MINING SPECIFIC
  ISSUES
• GOVERNMENTS AND CIVIL SOCIETY SHOULD ATLEAST
  REACH RIGHT INFORMATION TO THE COMMUNITIES

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The beneficiaries

• Investors and Investment Bankers
• Owners and Managers
• Politicians and Contractors
• Consultants
• Reclaimers!

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Whos paying the costs?

• Local Communities
• Workers
• Local Environment
• Ecosystem
• Small Investors

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Minerals for What?

• FROM DIAMOND-STUDS TO CRUISE MISSILES
• METALS AND FUELS FROM NATURE FOR NOW AND IN
  FUTURE

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KEY SEGMENTS

• GOVERNMENTS
• MARKETS
• COMMUNITIES

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STATE

• Multi Level
• Element of Global Processes
• National Policy Federal Government
• State Governments
• Local Self-Governing Institutions
• Deepening Sectoralism
• Political Uncertainty

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SECTORAL GOVERNANCE BINDS

• SECTORALISATION
• ECONOMIC
• ADMINISTRATIVE
• DISCIPLINARY
• MINERAL NEEDS
• DOMESTIC
• INDUSTRIAL
• MILITARY

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GOVERNMENTS FOCUS

• MINERAL AVAILABILITY
• BALANCE OF LIFE
• EQUITY OIL, now COAL also
• ATTEMPT AT FORECASTING?
• EXTENDING OUR HEGEMONY
• MINERAL ECONOMICS
• VALUE
• INCOMES

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MINING INDUSTRY

• COMPLEX STRUCTURE OF TRANSACTIONS
• MINERAL IMPORTS AND EXPORTS
• DOWNSTREAM ACTIVITIES
• EMPLOYMENT

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Market is Oligopolistic

• Ten Large Mining MNCs control nearly 90
• Progressively Greater Consolidation
• Push Policies to suit commercial interests
• Alienated with Larger Community

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ECONOMIC ACTIVITIES

• COMPLEX OWNERSHIP STRUCTURES
• MAJORS
• SUBSIDAIRIES
• JVS
• STRATEGIC STAKES
• OPAQUE FINANCIAL TRANSACTION
• Primary Markets
• Secondary Markets
• Derivatives

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COMMUNITIES

• Economic Differences
• Social Grouping
• Political Systems
• Traditional Communities
• Community and State Norms

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ECOSYSTEMS

• MAJOR EFFECTS
• DEGRADATION
• DEPLETION
• EXTINCTION
• KEY CONCERNS
• DISLODGING STABLE NATURAL SYSTEMS HARMFUL
• RESOURCES ABOVE ECOSYSTEMS AND COMMUNITIES
• SELECTIVE EXTRACTION AND GENERAL DEPLETION

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VALUES AND VALUATION

• VALUING METHODS
• VALUATION
• VALUES

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CURRENT HURDLES

• BUREAUCRATIC GIANTISM
• POLITICAL DESPOTISM
• FINANCIAL OPACITY

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CURRENT INFLUENCES

• LARGE CORPORATES
• LEGAL AND JUDICIAL SYSTEMS
• PATRIARCHY
• INTERNATIONAL INTERFERENCE

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MINING LAWS

• MINES AND MINERALS (DEVELOPMENT AND REGULATION)
  ACT, 1957
• CESS OTHER TAXES ON MINERALS(VALIDATION) ACT,
  1992
• GOA,DAMAN DIU MINING CONCESSIONS ACT, 1987
• Offshore Areas Mineral (Development and
  Regulation) Act, 2002

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RULES

• THE MINERAL CONCESSION RULES, 1960 AND ITS
  AMENDMENTS
• MINERAL CONSERVATION DEVELOPMENT RULES, 1988
• GRANITE CONSERVATION DEVELOPMENT RULES, 1999
• MINING LEASES (MODIFICATION OF TERMS) RULES, 1956

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RULES

• Marble Development and Conservation Rules, 2002
• Mineral Concession (Amendment) Rules, 2003 dated
  10-04-2003
• Mineral Conservation Development (Amendment)
  Rules, 2003 dated 10-04-2003
• Mineral Conservation Development (2nd
  Amendment) Rules, 2003 dated 17-04-2003

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Corollary but Critical Laws

• AIR (Prevention of Pollution) ACT
• WATER ACT (Prevention of Pollution) ACT
• FOREST (CONSERVATION ) ACT RULES,1980
• ENVIRONMENT PROTECTION ACT, 1986
• LABOUR AND SAFETY IN MINES

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THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION,
1994

• Key element of Public Hearing was Introduced
• Currently under threat with revised notifications
  diluting the procedures

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Simplifying for the Corporates

• A major initiative has been in simplifying
  procedures to introduce transparency and avoid
  delay in granting different types of leases.
• During 2001-02 to 2005-06 a total of 1172 PLs
  were granted over an area of 133743 hectares in
  twelve states viz. Rajasthan, Madhya Pradesh,
  Karnataka,Kerala, Tamil Nadu, Andhra Pradesh,
  Maharashtra, Uttaranchal, Bihar,Chhattisgarh,
  Gujarat Jharkhand.

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IMPORTS Just Oil Diamonds
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Andhra Pradesh

• Bauxite
• Coal
• Uranium
• Stone Quarry - Kuppam

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Maharashtra

•  
• Stone Quarry
• Bauxite

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(No Transcript)
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Rajasthan

•  
• Stone Quarry
• Marble
• Oil Refinery
•  
• Mining Cooperative
• Floods

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Delhi

•  
• Stone Crushers
• Mining Policy
•  

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Goa

•  
• Iron Ore Mines

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Karnataka

•  
• Iron Ore
• Gold
• Granite Quarry

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Orissa

•  
• Bauxite
• Iron Ore

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Uttarakhand

• Askot
• Kataldi
• Dunagiri
• Aseena

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West Bengal

•  
• Sahasratoli

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Jharkhand

•  
• Jadugoda
• Roro
• East Parej

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Meghalaya

•  
• Domiasat
• Coal
• Limestone

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Summary of Actions

• Local Mobilisation
• Parallel Research and Analysis
• Campaigns at State Central Level
• Legal Interventions Appellates Courts
• International Campaign Shareholder Action UN
  and other Agency Petitions
• And yet it is like fire-fighting, hence

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Thematic Action Areas

• Women and Mining
• Community Environmental Assessment
• Legal Interventions
• Media and Communications
• Stone Quarry and Occupational Health
• Mine Closures and Community Futures
• Green Field Areas