CDA Library
SDSG is establishing a public library of materials related to Community Development Agreements (CDA) between resource companies and local communities. Some of these may also involve government at the national or local levels.
This is an area of considerable current interest, and the goal of this library project is to allow sharing of experience and actual models from different countries and regions.
Please Contribute Materials
We invite readers to contribute materials to this library, which they may do by contacting Marketa Zubkova at zubkova@sdsg.org
What Is In This Library
This library includes materials about Community Development Agreements, which are also called by different names, such as IBAs, or “Impact Benefit Agreements.”Some of these materials also include discussions of how CDAs are negotiated, or which discuss overcoming the difference in capacity of the various parties to negotiation.
In addition, we aim to include as many copies as possible of actual agreements that have been negotiated in different communities, in any language.
CDA Library Index
THE ASIAN EXPERIENCE
Utilizing Mining and Mineral Resources to Foster the Sustainable Development of the Lao PDR
ICMM, Mining: Partnerships for Development, April 2011
THE AUSTRALIAN EXPERIENCE
Australia has developed a framework for CDAs under the Native Title Act, and there is at least one agreement in the public domain.
Argyle Diamond Mine Participation Agreement: Management Plan Agreement
Southwest of Kununurra, Western Australia, Australia, January 1, 2004
(Link to http://www.atns.net.au/objects/Agreements/Argyle%20MP.pdf)
Diavik Diamonds Project Socio-Economic Monitoring Agreement
Northwest Territories, Canada, October 2, 1999 (Link to http://www.atns.net.au/objects/BAUNUSVHMFH/DiavikSocio_EconomicAgreement.pdf)
Memorandum of Understanding between Argyle Diamonds Mines Pty Limited and the Kimberly Land Council Aboriginal Corporation 2001
(file: ArgyleKLC.MoU)
Memorandum of Understanding between Murray Lower Darling Rivers Indigenous Nations and Murray-Darling Basin Commission
Murray and Lower Darling River valleys below the Menindee Lakes Storage, Australia, March 23, 2006
(Link to http://www.atns.net.au/objects/QHTKCGIRJER/MLDRIN%20and%20MDBC%20MoU%202006.pdf)
Memorandum of Understanding between Rio Tinto Exploration Pty Ltd and the Northern Land Council
Northern Territory, Australia, December 1, 2001
(Link to http://www.atns.net.au/agreement.asp?EntityID=840)
National Native Title Tribunal- Mining Agreements: Content Ideas
National Native Title Tribunal, Australia, Quinn, R., 2005
(file: National Native Title Tribunal- Mining Agreements Content Ideas)
The Native Title Act (Amended 1998), Subdivison C- Indigenous Land Use Agreements
(file: Australia-NativeTitleAct1993-Amended)
Dendrobium Coal Mine Development Consent Agreement
(Not a CDA, as the agreement is between BHP Billiton and the Australian government, but many elements of agreement reflect CDA elements: environment, community consultation requirements, grievance procedures, etc.)
THE CANADIAN EXPERIENCE
There has been considerable experience in Canada, particularly among First Nations, with development of Impact Benefit Agreements.
Aboriginal Agreements Map: Agreements Between Mining Companies and Aboriginal Communities or Governments
Aboriginal Mining Guide: How to Negotiate Lasting Benefits for Your Community
Canadian Centre for Community Renewal, 2009
(file: AboriginalMiningGuide)
Benefit Sharing Agreements in British Columbia: A Guide for First Nations, Businesses, and Governments
Woodward & Company, Coast Sustainability Trust and the EBM Working Group, 2009
(file: Woodward’s Benefit Agreement Overview)
De Beers Canada and Attawapiskat Impact Benefit Agreement
(file: Outline-DeBeersAttawapiskatIBA)
Entente Naskapis & Quebec CDA
(file: Entente Naskapies & Quebec_FR)
Fasken Martineau DuMoulin LLP Sample IBA
(file: DM_Van-#7905722-v1-Sample_IBA)
Generic Canadian Participation Agreement Template
(file: Generic Participation Agreement)
IBA Community Development Toolkit: Negotiation and Implementation of Impact and Benefit Agreements
Walter & Duncan Gordon Foundation, Gibson, G., and O’Faircheallaigh, C., 2010
(Link to http://www.ibacommunitytoolkit.ca/)
List of known IBAs
(Link to http://www.impactandbenefit.com/IBA_Database_List/)
Partnership Agreement on Economic and Community Development between Naskapis and Quebec
(file: CDA Naskapis & Quebec_EN)
Partnership Agreement on Economic and Community Development in Nunavik between the Makivik Corporation and the Kativik Regional Government
Raglan Agreement CDA
(file: Raglan Agreement CDA)
COMMUNITY CONSULTATIONS GENERALLY
Community Engagement of Corporations and Social Movements: Towards New Models for Participatory Deliberative Spaces
Isabelle Anguelovski
Community Grievance Mechanisms and Australian Mining Companies Offshore: An Industry Discussion Paper
Centre for Social Responsibility in Mining Sustainable Minerals Institute The University of Queensland, Australia, October 2008
Human Rights in the Mining & Metals Industry: Handling and Resolving Local Level Concerns & Grievances
ICMM, October 2009
(file:HR-Concerns-and-Grievances)
Mining Industry Perspectives on Handling Community Grievances: Summary and Analysis of Industry Interviews
Centre for Social Responsibility in Mining (CSRM), The University of Queensland, Australia & Corporate Social Responsibility Initiative, Harvard Kennedy School, April 2009
(Link to http://www.reports-and-materials.org/Mining-perspectives-on-grievances-Apr-2009.pdf)
COMMUNITY DEVELOPMENT AGREEMENT RESOURCE MATERIALS
These are general academic and legal materials that relate directly to Community Development Agreements.
Agreements, Treaties, and Negotiated Settlements Project
(Link to http://www.atns.net.au/)
Community Development and Local Conflict: A Resource Document for Practitioners in the Extractive Sector
CommDev, Environmental Resources Management, 2008
(file: Community Development and Local Conflict)
Indigenous and Local Peoples and Resource Development: International Comparisons of Law, Policy and Practice
Journal of Energy and Natural Resources Law, Vol 26 No. 1, 2008
(file: http://www.atns.net.au/JERL%20main%20pages%20-%20March%202008.pdf)
Indigenous Peoples and Mining
ICMM Good Practice Guide, International Council on Mining and Metals, 2010
(file:ICMM_Indigenous_Peoples_and_Mining_GPG)
The Rio Declaration on Environment and Development 1992, Agenda 21, Section III, Strengthening the Role of Major Groups
(file: Rio Principles_Agenda 21_Public Participation)
Déclaration de Rio sur l’environnement et le développement 1992 , Action 21, Section III. Renforcement du Role des Principaus Groupes
(file: Declaration de Rio_Action 21_Participation du Public)
Good Practice Note on Community Development Agreements
Center for Social Responsibility in Mining, 2011
(file: CSRM Good practice notes on cdas)
COMMUNITY DEVELOPMENT AND GENDER
These studies address the need for CDAs to address gender disparity issues created by mining agreements and extractive industries.
Indigenous Women and Mining Agreement Negotiations: Australia and Canada
Gendering the Field: Towards Sustainable Livelihoods for Mining Communities, Australian National University E. Press, O’Faircheallaigh, C., 2011
(Link to http://epress.anu.edu.au/apem/gendering_field/pdf/ch06.pdf)
Mainstreaming Gender into Extractive Industries Projects
Extractive Industries and Development Series #9, August 2009, The World Bank, Adriana Eftimie, Katherine Heller & John Strongman
(file: Mainstreaming Gender into Extractive Industries Project)
COMMUNITY FOUNDATIONS
One feature of some community development agreements is establishment of community foundations. These may also be seen as an alternative to community development agreements. There are many questions about how such foundations are established, their purposes, and their structure.
National Standards for U.S Community Foundations
(file: Standards for US Community Foundations)
Why National Standards. Understanding the value of community foundation on compliance
(file: Why National Standards)
CORDAID Meeting of Experts
CORDAID organized a meeting of experts to discuss community development agreements in Amsterdam on June 10, 2011.
Community Development Agreements & Mining: An Industry Perspective International Council on Mining & Metals, Aidan Davy, 2011 Cordaid Expert Meeting on Community Development Agreements
(file: presentation MCDA Aidan Davy)
Community Perspectives in Mining, Revenue Watch Institute, Chandra Kirana, 2011 Cordaid Expert Meeting on Community Development Agreements
(file: RWI – Chandra – MCDA Presentation for CORDAID MCDA Meeting)
Cordaid Expert Meeting-Mining Community Development Agreements
Problems and Issues to Overcome, 06/10/2011
(file: 11_06_09 FINAL Amsterdam Presentation – Cordaid)
Mining Communities & Community Development Agreements-Some Perspectives Ghana Minerals Commission, Ben Aryee, 2011 Cordaid Expert Meeting on Community Development Agreements
(file: presentation MCDA Ben Aryee)
ECONOMIC LITERATURE
One of the questions pertaining to CDAs is what the rationale is for sharing revenues at the local level. After all, don’t the minerals generally belong to the national government? What share is appropriate for local interests, and on what reasoning? These studies address that question.
Mining Foundations, Trusts and Funds: A Sourcebook
The World Bank, June 2010
(file: WB Sourcebook Full_Report)
Sharing Mining Benefits in Developing Countries: The Experience with Foundations, Trusts, and Funds
The World Bank, Extractive Industries for Development Series #21, June 2011, Elizabeth Wall & Remi Pelon
(file: WB Sharing Mining Benefits in Developing Countries
THE GHANIAN EXPERIENCE
Ghana has developed a set of guidelines for CDAs, and there is at least one agreement in the public domain.
Agreement between Newmont Ahafo Development Foundation and Newmont Ghana Gold Limited 2008
(file: Newmont Ahafo Development Agreement)
Ahafo Social Responsibility Agreement between the Ahafo Mine Local Community and Newmont Ghana Gold 2008
(file: Ahafo Social Responsibility Agreement)
Development of Corporate Social Responsibility Guidelines for Mining Companies in Mining Communities
Minerals Commission of Ghana, SRC Consulting Limited, 2010
(file: Guidelines for CSR_FINALL REPORT_SRC.MinnComm)
Ghana Minerals and Mining Act 2006, Section 73(1) and Section 73(3)
(file: Ghana Minerals Act 2006)
THE GUINEAN EXPERIENCE
Code Minier de la République de Guinée, Conakry 9 Septembre 2011
(Link to http://sanakou.press-guinee.com/fileadmin/conakrytime/img/Code-Minier-2011.pdf)
THE LIBERIAN EXPERIENCE
Liberia has developed a framework for CDAs, and there is at least one agreement in the public domain.
Liberia Minerals and Mining Act 2006, Section 49(1)
(file: Liberia Mineral Law 2006)
Mineral Development Agreement Between the Government of Liberia, China Union (HONG KONG) Mining Co. Ltd and China-Union Investment (Liberia) Bong Mines Co. Ltd.
(file: china_union_gol_mineral_agreement)
Government of Liberia-Mineral Development Agreement Template
(file: liberiadevelopmentagreementtemplate)
MINING MINERALS AND SUSTAINABLE DEVELOPMENT PROJECT (MMSD)
The Mining Minerals and Sustainable Development Project, in its 2002 report, identified a need for what it called “Community Sustainable Development Agreements.”
Indigenous Peoples, Mining, and International Law
MMSD, IIED, Orellana, M., 2002
(file: MMSD International Law & Indigenous Peoples)
MMSD Breaking New Ground: Final Report –Local Communities and Mines
Mining, Minerals and Sustainable Development (MMSD) Project Earthscan Publications for IIED and WBCSD, 2002
(file: MMSD Final Report_Local Communities & Mines)
MMSD Working Paper No. 4 Information Availability: A Key to Building Trust in the Minerals Sector (Review of Systems for Making Information Available)
Model Mining Sustainability Project, International Institute for Environmental Development, Dr. Sándor Fülöp and Csaba Kiss, 2001
(file: MMSD Working Paper_Information Availability)
The Law of Public Participation in Mining and Resources Development
MMSD, IIED, Pring, R., 2001
(file: The_Law_of_Public_Participation_in_Mining)
The Report of the Regional MMSD Process: Mining, Minerals and Sustainable Development in southern Africa
The Report of the Regional MMSD Process, Vol. 1, IIED, 2002
(file: IIED_MMSD_South Africa Report)
MODEL MINING DEVELOPMENT AGREEMENT
The International Bar Association’s Model Mining Development Agreement is not a community level agreement, but an agreement between a mining company and a national government. One of the key issues with the MMDA is how such a national level agreement links with a community level agreement; some of the issues are shown by these clauses from the MMDA.
Model Mining Development Agreement - April 4, 2011
Model Mining Development Agreement (MMDA), Mining Law Committee of the International Bar Association, 2011
(file: MMDA project)
Model Mining Development Agreement: Local Community Development
Model Mining Development Agreement (MMDA), Mining Law Committee of the International Bar Association, 2010
(file: MMDA CDAs)
OTHER RELEVANT RESOURCES
The materials listed below do not directly address CDA issues, however they are relevant to CDA research.
The Aarhus Convention: An Implementation Guide
United Nations Economic Commission for Europe, 2000
(file: Aarhus Convention_EN)
Convention D’Aarhus : Guide D’application
Nations Unies Commission Economique Pour L’Europe, 2000
(file: Convention Daarhus_Guide dApplication)
Land deals in Africa: What is in the contracts?
IIED, Cotula, L., 2011
(link: http://pubs.iied.org/12568IIED.html)
THE SIERRA LEONE EXPERIENCE
The new Sierra Leone Mines and Minerals Act of 2009 requires companies to negotiate a CDA with the affected community.
Sierra Leone Mines and Minerals Act 2009, Part XVI-Community Development
(file: Sierra Leone Mines & Minerals Act 2009)
THE SOUTH SUDANIAN EXPERIENCE
Mining Act of South Sudan, 2012
(Link to http://www.mpmrss.org/docs/Mining%20Act%202012%20signed.pdf)
WORLD BANK GROUP MATERIALS
The International Finance Corporation and other organizations in the World Bank Group have sponsored considerable work in this area.
Community Development Agreement Model Regulations and Example Guidelines
World Bank Group, James Otto, 2010
(file: World Bank Draft CDA)
Community Development Toolkit
International Council on Mining & Metals, World Bank, ESMAP, 2005
(file: ICMM Community Development Toolkit)
Mining Community Development Agreements: Source Book
The World Bank, March 2012
(file: Mining Community Development Agreements)
Mining Community Development Agreements: Practical Experiences and Field Studies
The World Bank, Environmental Resources Management, 2010
(file: CDA Report Final)
Large Mines and Local Communities: Forging Partnerships, Building Sustainability
The World Bank and International Finance Corporation, 2002
(file:Large mines local communities)
Large Mines and the Community: Socioeconomic and Environmental Effects in Latin America, Canada, and Spain
The World Bank & International Development Research Center, Edited by Gary McMahon and Felix Remy, 2001
(Link to http://www.idrc.ca/EN/Resources/Publications/Pages/IDRCBookDetails.aspx?PublicationID=247)