Indigenous Peoples Issues - Mining and the Environment: From Ore to Metal - page 667

the responsibility of governments, particularly with respect to the supply of essential infra-
structure and certain community services. Unfortunately, provision of some assistance
or facilities to the community can lead to an expectation on the part of that community, of
ongoing responsibility for wider support and services even after the mine closes. This is a
problematic issue - remote regions of some third world countries effectively have no govern-
ment, so the company ends up i lling this role, in spite of what it would like to see happen.
The mining company should recognize the potential for this problem before it arises,
and to ensure that the practical issues are worked through with the local, regional, and
national governments at an early stage. The company should avoid providing facilities,
infrastructure or services that are in practical terms unsustainable in the medium or long
term. To do so can mislead the community and create a dependence that cannot be sup-
ported, and can cause greater hardship for the local community in the long run.

Check Investment Incentive Packages

It is in the mining company's own interests as much as the Indigenous Peoples', to evalu-
ate carefully the incentive packages offered by governments seeking to attract mining
investment. Incentive packages often include provisions such as access to a region's natu-
ral resources and guaranteed rights or control over specii ed areas, that are potentially in
direct conl ict with the interests or rights (under international law) of Indigenous Peoples.
In such circumstances, a mining company has the responsibility to assess the situation
carefully, and not be misled into believing that the on-ground issues have been resolved
in advance. Early advice from international organizations such as the UNESDC and
ILO and from relevant NGOs, may be useful in dei ning potential longer term issues and
potential liabilities for which the company could be held responsible.

Incentive packages often include
provisions such as access to a
region's natural resources and
guaranteed rights or control
over specifi ed areas, that are
potentially in direct confl ict with
the interests or rights (under
international law) of Indigenous
Peoples.

Self-regulate Impacts of Mine Activities

The effects of economic development in an increasingly globalized world pose risks for
most indigenous cultures and tribal peoples, particularly those who have not previously
been exposed to such changes. Companies involved in developing new mining operations
in previously undeveloped areas may be relatively unconstrained by laws or regulations.
However, companies clearly have a moral responsibility to be as responsible and self-
regulating as possible. There is also a 'self-interest' aspect to voluntarily adopting the
principles outlined previously, that failure to do so, may expose the company to criticism
and harassment in the international arena of environmental human rights activism, with
adverse effects on shareholder relations and acceptance in other countries in which the
company operates or seeks to operate.

Desired Outcomes

The desired outcomes for mining operations and effects on Indigenous Peoples, are that:
●

Indigenous communities should remain intact, particularly when the communities
themselves desire to retain their own values and ways of life;

●

Changes to local communities affected by mining operations will have been deter-
mined to as large a degree as possible by the local communities themselves;