Mining and Minerals: What Role in a Sustainable Future? Dundee 3-5 May 2011

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1 Mining and Minerals: What Role in a Sustainable Future? Dundee 3-5 May 2011 Presented by: Mining is at a crossroads between increasing demand for its products and society concerns for its processes and impacts. The ultimate challenge is about ensuring the contribution of the sector to sustainable development. This year the CEPMLP Mining Seminar proposes to review facts, new initiatives and debates in the sector around a few thematic areas, and proposes to explore scenarios and challenges for mining and metals in the future. The seminar conclusions ultimately aim at contributing to the discussion on a mining chapter in the Rio + 20 Earth Summit. As every year, the focused debate will be preceded by keynote presentations aimed at setting the context and laying out the main aspects and threads of debate in the mining sector today. The CEPMLP Mining Seminar provides a level playing field for the discussion of current concerns affecting the mining sector. It brings together a select group of people with deep experience from industry, governments, academia and NGOs. Unlike the commercial conference circuit, our seminar is dedicated to foster a dialogue and debate of key issues. Centre for Energy, Petroleum and Mineral Law and Policy University of Dundee Carnegie Building, Dundee, DD1 4HN w: e: c.seminars@dundee.ac.uk t: +44 (0) f: +44 (0) All CEPMLP seminars are accredited by the Solicitors Regulation Authority for CPD provision

2 Seminar Team Elizabeth Bastida is a lecturer at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee. She teaches courses on the international, transnational and comparative aspects of the law and governance framework for mining. She also leads the Mining Programme, which aims at advancing knowledge and practice in the sector from a sustainable development perspective. Elizabeth has researched extensively on the analysis and evaluation of prevailing models of the legal, institutional and contractual regimes for the mining sector within a sustainable development framework. She has been a research fellow and practiced law in Buenos Aires, and serves as external legal consultant to various governmental, intergovernmental, non-governmental organisations and corporate institutions, as well as companies. She is a qualified lawyer in Argentina, University of Buenos Aires (UBA); Specialisation in Natural Resources Law, (UBA, cum laude); LL.M in Resources Law and Policy (CEPMLP, Dundee; with distinction), Ph.D (CEPMLP/Dundee). Magnus Ericsson is Senior Partner of Raw Materials Group and was a co-founder of the company. Responsible for advisory services including the development of government mineral policy, and corporate marketing and expansion strategies. He travels widely and has spent extended periods of time in southern Africa. Magnus holds a Master of Science degree from the Royal Institute of Technology in Stockholm. Magnus had almost 20 years of industrial management experience prior to joining RMG full-time in Janeth Warden Fernandez, a qualified lawyer from Colombia, holds a Diploma in Public Law (Colombia) and an LLM in Resources Law and Policy with Distinction (CEPMLP, Dundee). In addition to currently pursuing research towards obtaining a PhD, she holds a variety of responsibilities at the CEPMLP including Distance Learning Programme Manager, Research and Teaching Fellow, CEPMLP Partnerships adviser and adviser to the Mining Programme. Leon Gerber, LL.B (UP), LL.M (UP), a qualified Advocate of the High Court of South Africa, joined the CEPMLP in January 2010 as the Rio Tinto Research/Teaching Fellow. Prior to his coming to the centre, he was engaged in private practise from 2003, mainly in the areas of national and international environmental law, mine health and safety, corporate litigation and law of contracts and has consulted and collaborated on various public and private sector matters. Julius Nayak is a lawyer by vocation, with India being his primary jurisdiction. At present, he is a PhD student at CEPMLP. His research focuses on corporate responsibility and accountability concerning human rights and the environment. He graduated with an LLM in mineral law and policy from CEPMLP in He also holds an LLM in international economic and business laws from Kyushu University, Japan and bachelor's degrees in law and chemical science from India.

3 Tuesday 3 May 2011 Introduction and Welcome Elizabeth Bastida, CEPMLP, University of Dundee and Magnus Ericsson, Raw Materials Group Morning Session Chair: Elizabeth Bastida Assessing Developments in Mining Policies Overview Phillip Crowson, CEPMLP, University of Dundee Industry Structure: New Developments Magnus Ericsson, Raw Materials Group Assessing Investment Climates Investment Climate David Humphreys Global Competition to Access Resources Green mining What does another global boom in commodities imply for the industry s environment, health and safety performance? Challenges for ICMM s work programmes Andrew Mackenzie, ICMM International Economics of Resource Productivity Raimund Bleischweitz, Wuppertal Institute Afternoon Session Chair: Antonio Pedro Business & Human Rights: Responsible Contracting Guiding Principles on Business and Human Rights: Implications for Responsible Contracting Andrea Shemberg, Legal Adviser to John Ruggie UN Special Representative Secretary General for Business and Human Rights The Model Mining Development Agreement Project Howard Mann, International Institute for Sustainable Development Protection of Investments v Protection of Human Rights: a new "Dilemma" in International Law Stéphane Brabant, Herbert Smith The Responsible Mineral Development Initiative Purevdorj Vaanchig, World Economic Forum CSR in Chinese Companies Xiaojun Chen, CEPMLP, University of Dundee A Stepwise Framework for Business and Human Rights? Julius Nayak, CEPMLP, University of Dundee Cocktail Reception

4 Wednesday 4 May Morning Session Chair: David Humphreys Mining & Economic Development World Bank: The Extractive Industries Supply Chain Michael Stanley, World Bank UNECA s International Study Group for the Review of Mining Regimes in Africa Antonio Pedro, United Nations ICMM: The Partnerships for Development Initiative Rio Tinto and Integrated Development Projects Nicolas Di Boscio, Rio Tinto Wesizwe Case Study Michael Solomon, Wesizwe Platinum Afternoon Session Chair: Glynn Cochrane Communities & Indigenous Peoples Engagement John Hall, Rio Tinto Indigenous Peoples and Mining: Developing Projects for Mutual Benefit Aidan Davy/Claire White, ICMM A South African Case Study Sivalingum V. Rungan, University of Witswatersrand Anthropological Perspectives to Indigenous Peoples Engagement Tony Crook, with Simon Kenema and Emilka Skrzypek, University of St Andrews Agreements with Indigenous Stakeholders: Types of Agreements, the Agreement Making Process and the Need for Integrated and Ongoing Engagement Ross McKay, CEPMLP, University of Dundee Best Practice Agreements Outcomes and Expectations Matthew Punch, CEPMLP, University of Dundee Conflict Minerals and Small Scale Mining Coltan from Central Africa, International Trade and Implications for Certification Raimund Bleischweitz, Wuppertal Institute The Frank Dodd Act and the Fate of Small Scale Miners in Central Africa Olle Ostensson, Caromb Consulting Tricia Feeney, Rights and Accountability in Development (RAID) Gotthardt Walser, World Bank

5 Thursday 5 May Morning Session Chair: Olle Ostensson Climate Change, Energy & Water Supply EU Climate Change Peter Cameron, CEPMLP, University of Dundee Climate Change & Mining Anida Yupari, UNCTAD Anglo initiatives on Climate Change Leon Gerber, CEPMLP, University of Dundee Renewables in the Mining Industry Geoff Wood, CEPMLP, University of Dundee Integrating Energy Supply Stephen Dow, CEPMLP, University of Dundee Fred Cawood, University of Witswatersrand Managing Water Resources Andrew Allan, UNESCO Water Centre, University of Dundee Wrap up and End of Session ** N.B. CEPMLP reserves the right to amend the programme without prior notification to registered delegates.

6 Mining Programme at CEPMLP CEPMLP within its specialisations offers a Mining Programme. The aim of this Programme is to advance and share knowledge and contribute to education and capacity building in the law and policy aspects of sustainable minerals resources investment and development. The Programme s research and teaching, guided by a sustainable development framework, covers international, transnational and national issues in mining regulation and policy. Law and policy in this subject can only be understood in context. In consequence, our approach is interdisciplinary and addresses all aspects of mining operations: economic, financial, managerial, environmental and social. The Mining Programme s aims are complied through: taught and research based postgraduate studies (LLM, MBA or PhD) research and publications advice and consultancy work, including professional training seminars and conferences papers and articles for conferences and journals Another key issue of the Mining Programme is the possibility to undertake the LLM (Master of Laws) and MBA (Master of Business Administration) by Distance Learning. This Programme is aimed at mineral industry professionals, both in government and industry, who wish to develop their understanding of the legal and regulatory framework within which the mineral industry operates and of the key policy issues and challenges in this sector. Various activities of CEPMLP Mining Programme are supported with funding through a partnership agreement between CEPMLP and Rio Tinto. Mining Research and Resources CEPMLP Mining Programme undertakes research on various areas within and affecting the mining industry. Materials from staff and students research are made available for wider use, in addition to the documents from the Mining and Minerals and Sustainable Development project (MMSD) (of which CEPMLP is the archive holder). Current and recent areas of research and consultancy include: national mining laws mining and development issues government agreements indigenous agreements mineral revenues and taxation corporate social responsibility artisanal and small scale mining

7 Co-organised by Since 1990, Raw Materials Group has been mining and refining data to bring you the world s most extensive mining industry database Raw Materials Data, unsurpassed within the industry. They have worked hard to continually improve their proprietary database, Raw Materials Data, which provides the foundation for their mining expertise. By extracting and refining the extensive information contained within their Metals and Coal databases, they have become leaders in mining research and analysis. They assist governments with exploration and mining investment promotions, as well as policy studies. They specialize in detailed monitoring and forecasting market development for mining equipment manufacturers and service providers. Sponsored by Rio Tinto is a leading international mining group. Rio Tinto's interests are diverse both in geography and product. They work in some of the world's most difficult terrains and climates. Most of their assets are in Australia and North America, but they also operate in Europe, South America, Asia and Africa. Their businesses include open pit and underground mines, mills, refineries and smelters as well as a number of research and service facilities. Supported by The International Council on Mining and Metals (ICMM) was established in 2001 to act as a catalyst for performance improvement. Today, they bring together 18 mining and metals companies as well as 30 national and regional mining associations and global commodity associations.

8 The University of Dundee s Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) is a centre of excellence for the study of law, policy, economics, management, dispute resolution and leadership for the international energy and natural resource sectors. Our professional development seminars, delivered by highly experienced sector specialists and industry leaders, are attended by professionals from natural resource and energy companies, financial institutions, law, accounting and consultancy firms, international organisations, government ministries and academia from around the globe - thus creating a world-wide platform for practical interaction and networking opportunities. Conference Registration Information Delegate Fee 600 Daily rate available. For further details and to register please contact: Hugh Gunn or Pamela Lawrence Centre for Energy, Petroleum and Mineral Law and Policy T: +44 (0) or +44 (0) E: c.seminars@dundee.ac.uk Alternatively, please visit Centre for Energy, Petroleum and Mineral Law and Policy University of Dundee Carnegie Building, Dundee, DD1 4HN w: e: c.seminars@dundee.ac.uk t: +44 (0) f: +44 (0) All CEPMLP seminars are accredited by the Solicitors Regulation Authority for CPD provision