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.

Community Development in Mining Collection

SDSG has partnered with the International Institute for Environment and Development (IIED) and the Columbia Center on Sustainable Investment (CCSI) to create a catalogue of community development requirements related to the mining sector. It features laws and agreements from over 54 countries. All legislation can be accessed in the interactive map below, while all laws and community development agreements are available in a searchable database here.

 

Contribute

We invite readers to contribute materials to this library, which they may do by contacting Kristi Disney Bruckner at disney@sdsg.org.

Afghanistan National Mining Policy 2017 (See Articles 7.2 & 18.2)
File: Afghanistan National Mining Policy 2017

Afghanistan Minerals Law 2019 (See Article 66)
File: Afghanistan Minerals Law 2019

Afghanistan Mining Regulations 2019 (See Articles 90-92)
File: Afghanistan Mining Regulations 2019

Australia Native Title Act, 1993, Amended 2011, Rev. 2011
File: Australia Native Title Act, 1993, Amended 2011, Rev. 2011

Why Agreements Matter
Rio Tinto, March 2016
File: Rio Tinto Why Agreements Matter

Agreement-making with Indigenous Groups: Oil & Gas Development
Center for Social Responsibility in Mining, Australia, 2012
Link: http://www.csrm.uq.edu.au/Portals/0/docs/Agreement-making-with-Indigenous-Groups.pdf

Argyle Diamond Mine Participation Agreement: Management Plan Agreement
Southwest of Kununurra, Western Australia, Australia, January 1, 2004
Link: https://www.atns.net.au/objects/agreements/argyle%20mp.pdf

Diavik Diamonds Project Socio-Economic Monitoring Agreement 
Northwest Territories, Canada, October 2, 1999
Link: https://www.atns.net.au/objects/baunusvhmfh/diaviksocio_economicagreement.pdf

Agreements between Mining Companies and Indigenous Communities: A Report to the Australian Minerals and Energy Environment Foundation”
Indigenous Support Services, December, 2001
File:

Guidelines for best practice, flexible and sustainable agreement making
Joint Working Group on Indigenous Land Settlements, August 2009
File:

Memorandum of Understanding between Argyle Diamonds Mines Pty Limited and the Kimberly Land Council Aboriginal Corporation 2001
File:

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: https://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: http://www.atns.net.au/agreement.asp?EntityID=840

Native Title payments working group report
Native Title payments working group report
Link:

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: The Native Title Act (Amended 1998), Subdivison C- Indigenous Land Use Agreements

Negotiating Major Project Agreements: The ‘Cape York Model’
Ciaran O’Fairchaellaigh AIATSIS Research Discussion Paper 11, 2000
File:

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.)
Link:

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
Natural Resources Canada
Link:

Aboriginal Mining Guide: How to Negotiate Lasting Benefits for Your Community
Canadian Centre for Community Renewal, 2009
File: Aboriginal Mining Guide: How to Negotiate Lasting Benefits for Your Community

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: Benefit Sharing Agreements in British Columbia: A Guide for First Nations, Businesses, and Governments

De Beers Canada and Attawapiskat Impact Benefit Agreement
File: De Beers Canada and Attawapiskat Impact Benefit Agreement

Entente Naskapis & Quebec CDA
File: Entente Naskapis & Quebec CDA

Fasken Martineau DuMoulin LLP Sample IBA
File: Fasken Martineau DuMoulin LLP Sample IBA

IBA Community Development Toolkit: Negotiation and Implementation of Impact and Benefit Agreements
Walter & Duncan Gordon Foundation, Gibson, G., and O’Faircheallaigh, C., 2010
Link: http://www.afoa.ca/afoadocs/L3/L3a%20-%20IBA_toolkit_March_2010_low_resolution.pdf

Partnership Agreement on Economic and Community Development between Naskapis and Quebec
File: Partnership Agreement on Economic and Community Development between Naskapis and Quebec

Partnership Agreement on Economic and Community Development in Nunavik between the Makivik Corporation and the Kativik Regional Government
File: Partnership Agreement Makivik Kativik

Raglan Agreement CDA
File: Raglan Agreement CDA

COMMUNITY Engagement: GENERALLY

Community Development Toolkit
International Council on Mining & Metals, 2012
Link:

Community Engagement of Corporations and Social Movements: Towards New Models for Participatory Deliberative Spaces
Isabelle Anguelovski
File: Community Engagement of Corporations and Social Movements

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
File: Community Grievance Mechanisms and Australian Mining Companies Offshore

Human Rights in the Mining & Metals Industry: Handling and Resolving Local Level Concerns & Grievances
ICMM, October 2009
File: Handling and Resolving Local Level Concerns & 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: https://www.business-humanrights.org/sites/default/files/reports-and-materials/Mining-perspectives-on-grievances-Apr-2009.pdf

COMMUNITY DEVELOPMENT AGREEMENT reference MATERIALS

These are general academic and legal materials that relate directly to Community Development Agreements.

Agreements, Treaties, and Negotiated Settlements Project
Link: https://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: Indigenous and Local Peoples and Resource Development

Indigenous Peoples and Mining
ICMM Good Practice Guide, International Council on Mining and Metals, 2010
File: Indigenous Peoples and Mining

The Rio Declaration on Environment and Development 1992, Agenda 21, Section III, Strengthening the Role of Major Groups
File: The Rio Declaration on Environment and Development 1992

Déclaration de Rio sur l’environnement et le développement 1992 , Action 21, Section III. Renforcement du Role des Principaus Groupes
File: Déclaration de Rio sur l’environnement et le développement 1992

Good Practice Note on Community Development Agreements 
Center for Social Responsibility in Mining, 2011
File: Good Practice Note on Community Development Agreements 

COMMUNITY DEVELOPMENT & 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:


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 Projects

Mining and Local Level Development
Examining the Gender Dimensions of Agreements between between companies and communities, Keenan, J.C. and D.L. Kemp, Center for Social Responsibility in Mining, The University of Queensland, Brisbane, Australia, 2014
File: Mining and Local Level Development

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: National Standards for U.S. 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 Perspectives in Mining 
Revenue Watch Institute, Chandra Kirana, 2011 Cordaid Expert Meeting on Community Development Agreements
File: Community Perspectives in Mining 

Cordaid Expert Meeting-Mining Community Development Agreements
Problems and Issues to Overcome, 06/10/2011
File: Cordaid Expert Meeting-Mining Community Development Agreements

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: Mining Foundations, Trusts and Funds: A Sourcebook

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: Sharing Mining Benefits in Developing Countries: The Experience with Foundations, Trusts, and Funds

GHANA

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

Agreement between Newmont Ghana Limited and Ahafo Mine Local Community on Local Employment 2008
File: Ahafo Local Employment Agreement

Development of Corporate Social Responsibility Guidelines for Mining Companies in Mining Communities
Minerals Commission of Ghana, SRC Consulting Limited, 2010
File: Guidelines for Mining Companies in Mining Communities

Ghana Minerals and Mining Act 2006, Section 73(1) and Section 73(3)
File: Ghana Mineral Act 2006

GUINEA

Code Minier de la République de Guinée, Conakry 9 Septembre 2011
File:

Mining & Communities: Supporting human rights-based development in the context of industrial mining in Guinea, October 2016
Link: https://communitiesfirst.net/2016/10/15/english-translation-guinea-guide/

Lao

Utilizing Mining and Mineral Resources to Foster the Sustainable Development of the Lao PDR
ICMM, Mining: Partnerships for Development, April 2011
Link:

LIBERIA

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 Dev

Government of Liberia-Mineral Development Agreement Template
File: Government of Liberia-Mineral Development Agreement Template

MINING MINERALS & 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 and 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

MONGOLIA

Cooperation Agreement Between Khovd aimag and MoEnCo LLC
File: Cooperation Agreement Khovd Aimag and MoEnCo

Cooperation Agreement between OT and the local communities
File: OT Cooperation Agreement

Resource Contracts Mongolia 
File: http://www.iltodgeree.mn

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

SIERRA LEONE 

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

SOUTH SUDAN

Mining Act of South Sudan, 2012
Link: http://www.mpmrss.org/docs/Mining%20Act%202012%20signed.pdf

United States

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 http://www.idrc.ca/EN/Resources/Publications/Pages/IDRCBookDetails.aspx?PublicationID=247