пятница, 7 февраля 2014 г.

How to reduce the conflicts with mining companies and locals. Kyrgyzstan - Talas - Andash - Djeruy (Part III - bis2)

Abstract
The Kyrgyz Republic is the third country in the Commonwealth of Independent States in terms of gold production after the Russian Federation and the Republic of Uzbekistan. At this point in the country there are more than thirty significant gold fields. Currently there are operated gold fields such as “Kumtor”, “Makmal” in The Kyrgyz Republic. In addition, there is a process of preparation for the development such gold fields like “Djeruy” and also “Andash” field[1].

Another group from among the representatives of the local population has a greater influence on how decisions of local government and administration of the Talas oblast. For example, according to an analysis conducted by the Foundation for the Development of law and business, it was revealed that the local community and local authorities in the majority also do not support the discovery of deposits in their territory of the following reasons:
1) The representatives of the local government believe that the provision of sites for subsurface interests of the local population and the local government are not considered. This takes into account only the interests of the mining company and a certain part of the population is enriched at the expense of coming from the subsoil.
2) They are concerned about the state of the environment in which they live and the influence of mining on the health of local residents.
3) They fear that mining companies do not fulfill their obligations under the land reclamation and the local community will remain with the lands that are not subject to use.
4) In general, they believe that the disadvantages of mining in their territory prevail over the benefits[2].

The other group is the government body in the face of the State agency for geology and mineral resources of the Kyrgyz Republic, as well as the agencies responsible for environmental safety, the Ministry of emergency situations of the Kyrgyz Republic. In addition, it should be added to the State administration of Talas district and the State administration of Talas oblast. They, according to their functions and duties, regulators should act this relationship.
The next group performs the mining company and investors who plan to invest funds in the development of mineral resources in the field.
The state represented by the State agency for geology and mineral resources of the Kyrgyz Republic is interested in the normal and safe operation and development of the industry.
Agencies responsible for environmental safety, and the Ministry of emergency situations of the Kyrgyz Republic are interested in a stable state of ecological safety, the normal state of potentially dangerous objects (tailings), and in a safe or less harmful ways of processing and storage of mining products (for example, technology without the use of cyanide). The state has received funding from the company in the form of a subsoil user of statutory payments.
The representatives of the State administration of Talas district and the State Administration of Talas oblast mainly focused on socio-economic development of the oblast and strengthening its authority and influence in the field. They are also interested in the restoration and reconstruction of socially important facilities, to increase its capacity as guarantor of the security of citizens and investors of all types of ownership stability.
The mining company and investors: whose primary goal appears as a profit, are interested in the possibility to carry out mining activities in the field.
Interested parties: Government agencies. Particularly important group is state branch, in the face of the State agency for geology and mineral resources of the Kyrgyz Republic, responsible for environmental safety and the Ministry of emergency situations of the Kyrgyz Republic, the State administration of Talas district and the State Administration of Talas oblast. They are according to their functions and duties, regulators should act this relationship. Unfortunately, until recently, it was difficult to implement, since their policies they did not have to solve the problems.
Motivation: Public authorities are motivated to maintain stability in the Talas district, and in Talas oblast. For them, it is important to reduce the number of cases of conflicts between local communities and mining company. For the incidents as acts of violence against employees, damage, misappropriation of company property, the heads of state of regional administrations could suffer political responsibility in the form of dismissal or criminal liability for negligence as to their direct duties.
Beliefs: Public authorities are convinced that the strategy worked out by the state for the development of the mining industry should be executed as relevant government authorities and the company itself. Some of them believe that the creation of strategies are not in order of policy, without the involvement of a wide range of representatives of various interest groups is not a bar to his execution.
However, the representatives of the State agency for geology and mineral resources of the Kyrgyz Republic are convinced that mining companies do not fully take into account the interests of the local community. Also, some members of such bodies consider that the procedures providing for the license mining companies to be worked through.
Agencies responsible for environmental safety, and the Ministry of emergency stuations of the Kyrgyz Republic as a whole believe that around the field there is a threat of environmental catastrophe. All of them are convinced that mining companies must often check for violations of safety and environmental requirements. Agencies are interested in a stable condition of ecological safety, the normal state of potentially dangerous objects, as well as safe or less harmful methods of waste processing and storage of mining.
Sources: State agencies have various kinds of resources, one of which - the compulsion. Often, speaking not as an authority on reconciliation and the interests of all the interacting groups, and as a tool of repression, the government plays the role of fire service only in response to an exacerbation of conflicts.
The state also has a resource as a rule-making, the right to issue and revoke licenses. And most importantly, the state has the resources to form a new fully coherent strategy that is able to take into account the interests of all participants in a given relationship.
Efficiency: The state represented by the State agency for geology and mineral resources of the Kyrgyz Republic, is interested in the normal and safe operation and development of the industry.
Agencies responsible for environmental safety, and the Ministry of emergency situations of the Kyrgyz Republic have adequate powers to monitor and check all potentially dangerous techniques and methods of mining. They are also able to create an evidence base that certain actions mining companies do not have a lot of irreparable damage to nature in the field area.
State officials in the field are convinced that because the state is not able to and does not want to develop their infrastructure, it is obliged to do the mining company. In addition, the State administration of Talas district and the State administration of Talas oblast according to their functions and duties, can also make adjustments of this relationship.
Interested parties: The mining company and investors.
Motivation: The mining company and investors are aiming to invest funds in the development of mineral resources in the field and be sure to make a profit.
Beliefs: The mining company and investors are convinced that at this stage the state and local people have high expectations from the social-economic contribution of the region[3]. Investors difficult to find a common language with the local people, because he has not solved the social problems in the field. And for that they do not have to answer, and the state. Some representatives of the mining companies believe that the state does nothing to resolve the problem.
Resources: In addition, financial resources. Have developed mechanisms to establish good relations with the local population. The company is also able to conduct discussions with the public and to publish information on their activities, including in the local media and the local population. In addition, the Company and investors are able to form a positive image both at home and abroad.
Investors and the Company have the opportunity to interact with the body that issues licenses to mining, anyway, lobbying for certain conditions of the industry in their favor.
The mining company and investors are able to keep the relationship and negotiations with government officials of different ranks, to lobby parliamentarians and certain regulations.
Efficiency: The mining company is able to effectively use the media and rumors among the local population opposing the misrepresentation on the part of competitors, materially interested activists and other interested groups. This will help us work out countermeasures to the argument that the real conflict - it is an obvious miscalculation of the company's management, its error. The mining company has some experience of working with activists from the local population to obstruct the work of the company. The company has the opportunity to interact with various government and non-governmental entities that are able to assist in resolving the conflict. Among them are organs of the state, the individual civil servants, police officers, the International Business Council and the Association of supporting mining companies.
Analysis of external forces
At the stage of identifying causes of the problem, we have found different groups that are involved in this relationships. It can be both interest groups and individuals. Need to think about collaboration with the necessary participants in the early stages of problem solving.
Interested parties: local competitors, foreign competitors.
Motivation: All competitors mining company focused on the creation of obstacles, trying, somehow, to take away her license for the development of mineral resources. Taking the place of the company, a competitor is able to make a profit.
Beliefs: The competitors of the company are confident that, through a secret campaign against the mining company of the local population, it will be possible to deprive it of the possibility of lead mining. All the issues of social-economic and political nature of the population can use it as a force counteracting the work and the simple physical presence of the mining company.
Resources: First of all, the competitors have significant financial resources. Competitors are well-equipped to campaign against the company in the media, the Internet, in the local population. In addition, competitors are able to form a negative image of the company as a license holder in the country and abroad.
The company’s competitors have the opportunity to interact with the body issuing licenses for mining, anyway, lobbying for this or that industry conditions, up to revocation of the license.
The company’s competitors have the ability to negotiate and maintain relationships with officials of different ranks, to lobby parliamentarians and certain regulations.
Effectiveness: Among the competitors there are a number of mining companies who effectively uses foreign and local media, highlighting a real conflict as an obvious miscalculation of the company’s management, its error. Other companies are able to use the powers of activists from the local population to obstruct the work of the company. Such companies also have opportunities to interact with different structures. Among them may be organs of the state, the individual civil servants, police officers, organized crime groups, and etc.

Sanjar Abakirov, “Serep” Research Institute

bibliography
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[1] Shamsutdinov RM Educational-methodological guide. KRSU. Bishkek.
[2] According to the materials of the report of the Development Fund of law and business, from April 15, 2011, Bishkek
[3] Amalia Banliyan, Genghis Shamshiev, Fuel cool when the liquid. - Evening Bishkek, December 24, 2010 - p.16

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