Editing Mining (section)

===Regulation and governance===
[[File:EITI Global Conference 2016.jpg|thumb|right|[[EITI]] Global Conference 2016]]
New regulations and a process of legislative reforms aim to improve the harmonization and stability of the mining sector in mineral-rich countries.<ref>{{cite journal
|last=Cambell
|first=Bonnie
|title=Regulation & Legitimacy in the Mining Industry in Africa: Where does
|journal=Review of African Political Economy
|year=2008
|volume=35
|issue=3
|pages=367–89
|url=http://docserver.ingentaconnect.com/deliver/connect/routledg/03056244/v35n3/s2.pdf?expires=1302287825&id=62185656&titleid=10738&accname=The+John+Rylands+University+Library%2C+The+University+of+Manchester&checksum=6F04E83AFE9F7C22DFB0A7848C306CC6
|access-date=7 April 2011
|doi=10.1080/03056240802410984
|s2cid=154670334
|archive-date=31 March 2020
|archive-url=https://web.archive.org/web/20200331130216/http://docserver.ingentaconnect.com/deliver/connect/routledg/03056244/v35n3/s2.pdf?expires=1302287825&id=62185656&titleid=10738&accname=The+John+Rylands+University+Library%2C+The+University+of+Manchester&checksum=6F04E83AFE9F7C22DFB0A7848C306CC6
|url-status=live
}}</ref> New legislation for mining industry in African countries still appears to be an issue, but has the potential to be solved, when a consensus is reached on the best approach.<ref name="Lucia">
{{cite web
 |website=The World Bank
 |title      = The World Bank's Evolutionary Approach to Mining Sector Reform
 |url        = http://siteresources.worldbank.org/INTOGMC/Resources/336099-1288881181404/7530465-1288881207444/eifd19_mining_sector_reform.pdf
|archive-url=https://web.archive.org/web/20140417054540/http://siteresources.worldbank.org/INTOGMC/Resources/336099-1288881181404/7530465-1288881207444/eifd19_mining_sector_reform.pdf
|archive-date=2014-04-17
 |access-date = 4 April 2011
}}
</ref> By the beginning of the 21st century, the booming and increasingly complex mining sector in mineral-rich countries was providing only slight benefits to local communities, especially in given the sustainability issues. Increasing debate and influence by [[NGOs]] and local communities called for new approaches which would also include disadvantaged communities, and work towards [[sustainable development]] even after [[mine closure]] (including transparency and revenue management). By the early 2000s, community development issues and resettlements became mainstream concerns in World Bank mining projects.<ref name="Lucia"/> Mining-industry expansion after mineral prices increased in 2003 and also potential fiscal revenues in those countries created an omission in the other economic sectors in terms of finances and development. Furthermore, this highlighted regional and local demand for mining revenues and an inability of sub-national governments to effectively use the revenues. The [[Fraser Institute]] (a Canadian think tank) has highlighted{{clarify|date=December 2016}} the environmental protection laws in developing countries, as well as voluntary efforts by mining companies to improve their environmental impact.<ref>[http://www.miningfacts.org/Environment/Do-Canadian-mining-companies-operating-abroad-face-weaker-environmental-regulations/ Do Canadian mining companies operating abroad face weaker environmental regulations?] {{Webarchive|url=https://web.archive.org/web/20180706030924/http://www.miningfacts.org/Environment/Do-Canadian-mining-companies-operating-abroad-face-weaker-environmental-regulations/ |date=2018-07-06 }}. MiningFacts.org. [[Fraser Institute]].</ref>

In 2007, the [[Extractive Industries Transparency Initiative]] (EITI) was mainstreamed{{clarify|date=December 2016}} in all countries cooperating with the World Bank in mining industry reform.<ref name="Lucia"/> The EITI operates and was implemented with the support of the EITI multi-donor trust fund, managed by the World Bank.<ref>{{cite web|last=Extractive Industries Transparency Initiative|title=Governance Structure|url=http://eiti.org/about/governance|access-date=4 April 2011|archive-date=13 April 2011|archive-url=https://web.archive.org/web/20110413135638/http://eiti.org/about/governance|url-status=live}}</ref> The EITI aims to increase transparency in transactions between governments and companies in extractive industries<ref>{{cite web
|publisher=Business and Human Right Resource Centre (2009)
|title=Principles: Extractive Industries Transparency Initiative (EITI)
|url=http://www.business-humanrights.org/Categories/Principles/ExtractiveIndustriesTransparencyInitiativeEITI
|access-date=6 April 2011
|archive-date=8 April 2011
|archive-url=https://web.archive.org/web/20110408081137/http://www.business-humanrights.org/Categories/Principles/ExtractiveIndustriesTransparencyInitiativeEITI
|url-status=dead
}}</ref> by monitoring the revenues and benefits between industries and recipient governments. The entrance process is voluntary for each country and is monitored by multiple stakeholders including governments, private companies and civil society representatives, responsible for disclosure and dissemination of the reconciliation report;<ref name="Lucia"/> however, the competitive disadvantage of company-by-company public report is for some of the businesses in Ghana at least, the main constraint.<ref>{{cite web|last=The Ghanaian Journal|title=At the Fifth EITI Global Conference|url=http://www.theghanaianjournal.com/2011/03/16/at-the-fifth-eiti-global-conference/|access-date=3 April 2011|archive-date=1 January 2016|archive-url=https://web.archive.org/web/20160101075848/http://www.theghanaianjournal.com/2011/03/16/at-the-fifth-eiti-global-conference/|url-status=dead}}</ref> Therefore, the outcome assessment in terms of failure or success of the new EITI regulation does not only "rest on the government's shoulders" but also on civil society and companies.<ref name="Owona, S.O.">{{cite web|last=Extractive Industries Transparency Initiative|title=Report of 5th EITI Global Conference in Paris, 2011|url=http://eiti.org/files/Report_of_5th_EITI_Global_Conference.pdf|archive-url=https://web.archive.org/web/20110726083709/http://eiti.org/files/Report_of_5th_EITI_Global_Conference.pdf|url-status=dead|archive-date=26 July 2011|access-date=4 April 2011}}</ref>

However, implementation has issues; inclusion or exclusion of [[artisanal mining]] and small-scale mining (ASM) from the EITI and how to deal with "non-cash" payments made by companies to subnational governments. Furthermore, the disproportionate revenues the mining industry can bring to the comparatively small number of people that it employs,<ref name="Lulu">{{cite web|publisher=World Bank's Oil, Gas and Mining Policy and Operations Unit (COCPO)|title=Advancing the EITI in the Mining Sector: Implementation Issues|url-status=dead|archive-url=https://web.archive.org/web/20140703183803/http://siteresources.worldbank.org/EXTOGMC/Resources/advancing_eiti_mining.pdf|archive-date=3 July 2014|url=http://siteresources.worldbank.org/EXTOGMC/Resources/advancing_eiti_mining.pdf|access-date=6 April 2011}}</ref> causes other problems, like a lack of investment in other less lucrative sectors, leading to swings in government revenue because of volatility in the oil markets. Artisanal mining is clearly an issue in EITI Countries such as the Central African Republic, D.R. Congo, Guinea, Liberia and Sierra Leone – i.e. almost half of the mining countries implementing the EITI.<ref name="Lulu"/> Among other things, limited scope of the EITI involving disparity in terms of knowledge of the industry and negotiation skills, thus far flexibility of the policy (e.g. liberty of the countries to expand beyond the minimum requirements and adapt it to their needs), creates another risk of unsuccessful implementation. Public awareness increase, where government should act as a bridge between public and initiative for a successful outcome of the policy is an important element to be considered.<ref>{{cite web|last=Revenue Watch Institute |date=20 April 2010 |title=Promoting Transparency in the Extractive Sectors: An EITI Training for Tanzania Legislators |url=http://www.revenuewatch.org/news/news-article/tanzania/promoting-transparency-extractive-sectors-eiti-training-tanzania-legislat |access-date=6 April 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110720234318/http://www.revenuewatch.org/news/news-article/tanzania/promoting-transparency-extractive-sectors-eiti-training-tanzania-legislat |archive-date=July 20, 2011 }}</ref>