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Last updated on 2024年8月2日

You're negotiating with indigenous communities for land use. How can you ensure fair compensation?

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As a mining engineer, you understand that negotiating land use with indigenous communities is not just a legal formality but a crucial step in ensuring ethical and sustainable mining practices. The key to fair compensation lies in recognizing the deep connection between indigenous peoples and their lands, which often transcends economic value. By approaching negotiations with respect, openness, and a willingness to listen, you begin to lay the groundwork for an agreement that honors the rights and traditions of the community while allowing for responsible resource development.

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1 Understand Rights

Understanding the legal and customary rights of indigenous communities is essential before entering negotiations. You must familiarize yourself with the relevant laws and international conventions, such as the International Labour Organization's Convention 169, which deals with indigenous and tribal peoples' rights. Recognizing these rights sets the stage for respectful dialogue and ensures that any agreements made are legally sound and uphold the community's sovereignty over their land and resources.

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Janet Adeyemi

C.E.O Jabridep /Founder & National President WIM Nigeria. ESG/Gender/Extractives/Renewable Energy/Climate / Innovation.
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The emotional connection of indigenous communities to their land is profound and multifaceted, deeply rooted in their cultural, spiritual, and social identities. For many indigenous groups, land is not just a physical asset; it is the cornerstone of their existence, heritage, and way of life eg the Aboriginals of Australia, the Red Indians of America, the indigenous people of Canada. When such land is to be given up for activities like mining, it can trigger significant emotional, social, and psychological crises when the people are not adequately engaged for consent or compensated. There are several attributes associated to land by indigenous people such as Cultural and Spiritual Significance, Psychological and Emotional Trauma, .etc.

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2 Build Trust

Building trust with the community is a process that requires time, patience, and genuine engagement. Start by establishing communication channels and involving community leaders and members in discussions from the outset. Show respect for cultural practices and aim to understand the community's perspectives and priorities. Trust is the foundation of any successful negotiation, and it can only be achieved through transparency and consistent, honest interactions.

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3 Assess Impact

A thorough assessment of the environmental and social impact of the proposed mining activities is vital. Engage with experts to conduct an Environmental and Social Impact Assessment (ESIA), which should include the potential effects on local wildlife, water sources, and the community's way of life. Share these findings openly with the community and be prepared to modify your plans to mitigate negative impacts.

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4 Fair Compensation

Determining what constitutes fair compensation requires a nuanced approach that considers more than just monetary payment. Engage in a participatory process where the community has a say in what compensation looks like for them. This might include job creation, infrastructure improvements , or support for cultural and educational initiatives. Ensure that the benefits of mining are shared and that the community feels they are receiving equitable value for the use of their land.

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Yahaya Abdul-Qudus

Policy Advisory #Geology #ASM #Advocacy #DRM Champion #TogetherWeRise Artisanal Mining Advancement Initiative #liaisons (Community, Government, Legislature)
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Fair compensation for land use with indigenous communities requires a holistic approach. Beyond monetary value, consider cultural significance and community input on benefits. Build long-term partnerships, invest in capacity building, and adhere to legal and ethical standards to foster positive relationships and sustainable development.

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5 Ongoing Engagement

Negotiations should not end once an agreement is reached. Establish mechanisms for ongoing engagement and consultation with the community throughout the life of the mining project. This can include regular meetings, community liaison officers , or joint management committees. Ongoing engagement helps to ensure that any issues are addressed promptly and that the community continues to have a voice in how the project is managed.

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6 Respect Culture

Finally, respecting the culture and traditions of indigenous communities is non-negotiable. Acknowledge and incorporate traditional knowledge and practices into your mining operations where possible. This could mean adjusting work schedules to fit with cultural events or protecting sites of spiritual significance from disturbance. By showing reverence for cultural practices, you not only foster goodwill but also enrich your own understanding of sustainable and ethical resource development.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Funso Wisdom Olofinnika

Experienced Mining Engineer
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Experience from various mining projects has shown me that, regardless of how fair or transparent the compensation process is, indigenous landowners often feel a sense of loss due to their cultural and spiritual attachments to the land One way to build their trust is involving them in reclamation and rehabilitation plans, allowing them to actively participate and take ownership, this can assure them that the land will remain useful once the project is complete. I once worked on an open-cast coal deposit with thinner coal seams. We began reclamation in areas that were already mined out while continuing operations in other parts of the land. This allowed them see what their land would look like post-project, helping to build their trust.

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You're negotiating with indigenous communities for land use. How can you ensure fair compensation?

1

2

3

4

5

6

7

1 Understand Rights

2 Build Trust

3 Assess Impact

4 Fair Compensation

5 Ongoing Engagement

6 Respect Culture

7 Here’s what else to consider

Mining Engineering

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You're negotiating with indigenous communities for land use. How can you ensure fair compensation?

1

2

3

4

5

6

7

1 Understand Rights

2 Build Trust

3 Assess Impact

4 Fair Compensation

5 Ongoing Engagement

6 Respect Culture

7 Here’s what else to consider

Mining Engineering

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