The mm&P mining Charter

The mm&P mining Charter

issued in India

January 2006

Central Government / At the Policy Level

* Should announce a complete moratorium on new mining projects in green field areas.

* The communities should have legally enforceable right to natural resources - land and mineral rights - towards ensuring communities' command over natural resources.

* Should not disinvest mining companies, in favour of private and multinational companies especially in 5th Schedule Areas

* Should ensure right to mining by indigenous people and their co-operatives.

* Should not grant license or lease to global mining corporates or their joint ventures.

* Should neither seek nor allow multilateral banks such as World Bank, ADB or other international financial institutions including surrogates like FII, FDI, export credit guarantee agencies, to invest in mining and extractive industries.

* Should not accept industry codes of conduct.

* Should promote Community Sector ownership in mining projects through workers and communities in mineral bearing areas.

At the Implementation Level of Legal and Site Enforcement

* Companies should be held accountable and ensure that they clean up the terrible damage caused by their past and current mines, legally and financially responsible for their misdeeds, without drawing on public funds.

* Should ensure mandatory higher standards in relation to international environmental and human rights in all mining projects in the country

* Samata Judgement to be implemented while granting license and lease to new mines.

* No amendment to be made in 5th Schedule of the Constitution of India to dilute or subvert the Samata Judgement.

State Governments / At the Policy Level

* Should refrain from increasing the scope of mining sector in the State Economy

* Should evolve politically and legally enforceable measures to hold mining industry accountable and especially to the mining affected communities.

* Must initiate an immediate Gender Audit of all mining projects.

* Workers rights for unionization should not be tampered with.

* The decision to mine should be taken only after EIA, social impact assessment and public hearing processes already in place are strictly adhered to.

* Unequivocally respect and enforce Surface and subsurface rights of adivasis and indigenous peoples and all mining-affected communities, as well as their right to veto unacceptable projects.

At the Implementation level of Legal and Site Enforcement

* Should enforce all entitlements of women with regard to land and natural resources.

* Must ensure, where mining exists or must continue, equal opportunities for women.

* Wages and working conditions for women miners should strictly follow international standards and agreements, and ensure equality and equity without discrimination.

* Child labour should be strictly abolished.

* Enforce the true sprit of legal provisions for occupational health and safety.

* Ensure social security benefits for all casual and temporary mine workers.

* No discrimination in wages and benefits between permanent and casual and temporary mine workers.

* A part of royalty from mining and license fees of mines should be distributed among mining affected communities.

* The process of mechanization in mines should not result in job loss to workers.

* Provisions of 5th Schedule to be implemented by the States and to empower the gram sabhas through a thorough implementation of PESA 1996.