The Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) has released its newest Guidance for Governments report, titled 'Improving Legal Frameworks for Environmental- and Social-Impact Assessment and Management'.
IGF outreach manager and law adviser Clémence Naré says the report “fills a gap in the literature on law and policy frameworks for environmental- and social-impact assessments (Esia) and related management plans”.
Naré is also a member of the report’s drafting team.
“We surveyed global best practices and identified illustrative examples, strategies and tools to help governments improve their governance and management of the mining sector’s environmental and social impacts,” Naré says.
Esia and related management plans are critical to minimise the potential negative environmental and social impacts and optimise the benefits from large-scale mines.
According to the report’s executive summary, governments should adopt a comprehensive legal framework for Esia and management of the mining sector to ensure that it protects the environment and opportunities to advance sustainable development are optimised.
The report, or guidance document, also identifies enabling mechanisms and factors that will support the success of implementing a comprehensive framework for Esias. This includes aligning international, national and subnational law and policy to ensure consistency across the legal framework.
Governments are also advised to avoid legal stabilisation of environmental and social provisions in laws and contracts so that they may continue to improve and update their legal framework.
Conducting a strategic environmental and social assessment for the mining sector can also promote greater understanding and clarity for all stakeholders regarding national and subnational development plans, land-use plans, and a range of environmental and social criteria and objectives, the report says.
“Too often, mining activity ramps up before the environmental and social impacts are properly considered,” Naré laments, noting that, for instance, in some cases, mines without adequate closure plans or related financial guarantees have been abandoned, “leaving governments and communities with the heavy burden of managing the site”.
The publication is the fourth in IGF’s Guidance for Governments series, and is the result of consultations with governments and expert partners, which followed from an initial vote by IGF’s member countries that indicated a need for assistance with legal and policy issues surrounding Esia.