Community Development - Mining and the Environment: From Ore to Metal - page 613

CD planning can begin once the internal capacity has been developed. It is sensible that
community development planning is well under-way prior to construction. Start of con-
struction looms as a deadline, after which the timely implementation of community devel-
opment programmes becomes a greater challenge. It is reasonable to say that the mine
planning stage is the last opportunity to implement community development smoothly.
Construction represents a break-point, after which the relations between the company and
the community may never be the same, and good will is likely to become a rare and expen-
sive commodity. Implementing CD programmes during construction is always problem-
atic, as mine construction typically represents extended periods of intense confusion with
continuous crisis management to correct design l aws and failed planning. Because con-
tractors move on to new projects once construction is completed, they have little incentive
to involve themselves in community development. Hence, only community development
programmes planned prior to construction are likely to be implemented.
The worst time to start CD planning is the operation phase, because it is highly prob-
able that the community has been thoroughly traumatized by the impacts of construction,
and social cohesion may have broken down as a result of massive migration of workers
to the area. Large numbers of demobilized construction workers, locals and immigrants,
may be agitated by the perception of the company's lack of concern for their future. Local
government's planning failures may have crippled its operations as well, and infrastruc-
ture inadequacies surrounding the mine may also create demands for any available funds.
Implementing CD in the early years of mine operation will be a severe challenge without
detailed advance planning.

The worst time to start CD
planning is the operation phase,
because it is highly probable
that the community has been
thoroughly traumatized by the
impacts of construction.

Respect of Human and Community Rights

The IFC Performance Standard 2 states it clearly: the respect for human and community
rights is fundamental to all interactions with the communities where the mining company
operates. In preparing its human rights policy, the mining proponent should refer to inter-
national conventions and declarations, such as the United Nations Universal Declaration
of Human Rights (1948), International Covenant on Civil and Political Rights (1966), the
International Labour Organization (ILO) Convention Nos. 107 (1957) and 169 (1989),
Agenda 21 of the United Nations Conference on Environment and Development (1992),
the Vienna Declaration and Program of Action (1993), and the United Nation's Draft
Declaration on the Rights of Indigenous Peoples (1993), for their implications to IP.
The ILO Convention 169 of 1989 concerning 'Indigenous and Tribal People in
Independent Countries' and the Convention on Biological Diversity (CBD) of 1992 pro-
vide guidance on traditional resource rights. Many of the signatory countries have ratii ed
the later convention, giving it the force of international law. However, an initial caveat in
Article 8 limits the requirement to 'as far as possible and appropriate', and a specii c caveat
in section (j) empowers nations to apply the right subject to its own internal legislation. As
a consequence, the CBD is only as strong as the country's national legislation in protecting
traditional rights to resources.
Understanding of human rights policy must permeate the whole mining system.
Employees and contractors need to be informed about the policy, and adherence to the
established Code of Conduct must be mandatory. In particular, the mining project should
respect the right of self-determination by adopting a participatory approach to CD plan-
ning. Affected communities and IP not only have the right to be substantially involved in
CD programmes, but to a large extent should determine the content of those programmes.
Without community participation, there is the risk that the mining company will default

Understanding of human rights
policy must permeate the whole
mining system.