Professional Documents
Culture Documents
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Presentation Sequence
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Background and Relevance
Framework Scope
Extraction of any mineral resource in Mozambique depends The evaluation used the ROLPA (Rules of Law in Public
on obtaining the mining title, with MIREME through INAMI, Administration) methodology for mining licensing process, aiming
issuing the Mining License and MITADER for issuing the at:
related environmental license as well as the resettlement i. Providing a Global Evaluation of the Results of the beneficiary
agencies with regard to licensing and mining activities at
process, through DINAB and DINOTER.
economic level;
Being a complex process, multi-sectoral with a pronounced ii. Providing a accountability function, providing credible
impact on the socio-economic development of the country, it information on the compliance with the norms/standards and
was pertinent to assess the current stage of the Mining procedures of mining licensing by the beneficiary institutions and
their employees;
Licensing and its challenges – leading in guiding the
iii.Generating knowledge / lessons of the performance of the
institutions and agents/stakeholders involved in the mining
licensing actions for the beneficiary entities, communities and
licensing process using the ROLPA principles: (i) legality, (ii) the overall economy;
accessibility, (iii) right to be heard, (iv) transparency, (v) right iv.Indicate development aspects of beneficiary entities for the
to appeal, and (vi) accountability. improvement of their performance and the provision of services.
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Methods
1. Preparation /
Desk Review 3. Data Analysis
Research Questions
Legality Transparency
▪ To what extent does the law cover the needs of mining operations at ▪ To what extent are the actions carried out by the beneficiary
1 beneficiary agencies, service users and communities? 4 agencies and the operators in the scope of the mining operation
▪ To what extent, what is established by the law, is fulfilled at the level
publicized?
of beneficiary agencies, service users and local communities? ▪ What is the level of public domain issues that are not disclosed?
Acessibility
Right to appeal
2 ▪ What is the level of disclosure and knowledge of the law for the 5 ▪ To what extent can users have recourse to a decision taken by the
development of mining activities, at the level of beneficiary agencies,
beneficiary agencies?
service users and communities?
Right to be heard
accountability
3 ▪ To what extent are the views and perceptions of users and 6 ▪ What is the level of accountability of non-compliance actions on
communities taken into account in the development of activities of
employees of beneficiary agencies and users?
the beneficiary agencies?
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Methods (cont…)
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Key Findings
• Sensitivity of the users and the
proponents present differences -
civil servants with a more positive
evaluation, whereas the users
making relatively less positive
evaluation about the process;
• Both civil servants and users,
consider that the mining,
environmental and resettlement
licensing process needs
improvements (scale 0 – 4);
• Critical areas based on the ROLPA
principles are Accountability,
Right to be Heard and Legality.
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Key Findings (cont…)
Legal Framework
(Legality Principle)
• The procedures for licensing activities are clear
• Existence of differences in access to the legal norms that guide the activities of licensing by the different actors
• Conflict of interest issues are dealt with subjectivity
• The miners do not comply with the procedures for transmitting the licenses
• Cultural issues and their impact on the process, specifically on community resettlement, is not legislated
Procedural Framework
(Right to Be Heard & Right to Appeal Principles)
• The procedures for hearing process proponents do not comply with a pre-established structure promoting subjectivity in the
evaluation of cases
• Procedures for appealing to a process open up space for subjectivity. Proponents are expected to have direct appeal, however, the
variables and / or facts to be included in the appeal procedure are not established, and it is up to the proponent to create the
"model".
Operational Framework
(Accessibility, Transparency and Accountability Principles)
• Autonomous and specialized operational structures
• Existence of a Platform for the dissemination of information on the situation of mining licenses
• Online information sharing and access mechanism
• Mechanisms for the operationalization of mining and environmental licensing processes with little integration
• Concentration of licensing activities at central level
• Control mechanisms with some limitations
• Resettlement process considered as an isolated process (and does not have specific requirements for its implementation) 7
• Significant differences in the time of licenses allocation
Recommendations
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