Lessons learned and Recommendations
No matter the jurisdiction, the history of mining, or the resources being mined, no country has a watertight process of awarding mining permits – in every mining jurisdiction, there are gaps in the process that enable corruption.
1 – Every country identified the need to strengthen controls against conflicts of interest. Whether it be revolving doors between public service and company payroll, or a lack of transparency over beneficial owners, political donations and lobbying, all five TI Chapters identified the need for stronger controls and higher due diligence standards to ensure mining permits are awarded fairly and in the public interest.
2 – Information about the social and environmental impacts of a proposed mining project needs to be clear, accurate and accessible to the public. The public plays an important role in defending the best interests of the community and environment, and ensuring decision-makers keep their promises. The community – including all its diverse members with their unique interests and views (including Indigenous people and women) – needs to be equipped with clear and truthful information about project plans and potential impacts in order to play this role. Communities also need to be empowered to engage in the decisions and consultations about new mining projects and expansions in order to ensure decisions are made in the public interest. This issue emerged as a priority in the research of TI Chapters in Ghana and Mexico.
3 – To truly exercise their right to Free, Prior and Informed Consent (FPIC), Indigenous peoples must receive clear, honest and accurate information to make an informed decision about whether to consent to a project before the mining company gets its licence to mine. Also, companies must share accurate and relevant information on the community’s share of benefits from the mining project. It is important that communities receive the information with enough time to process and understand it, and that it is in a form and language that is meaningful to them. Without timely and accurate information, the consent process is vulnerable to manipulation and abuse. This issue of Free, Prior and Informed Consent (FPIC) of Indigenous peoples is a priority for the TI Chapter in Argentina.
4 – Whistleblowers play an important role in exposing corruption and misconduct. Establishing effective whistleblower protection mechanisms in law can enable people to report concerns about corruption in the public and private sector. Such an enabling environment that protects those who speak up about corruption can pro-actively work to detect corruption and may also serve as a deterrent to corrupt actors who know their conduct is more likely to be reported. This was highlighted in the research of TI Chapters in Madagascar, the Kyrgyz Republic and Argentina.
5 – Digitisation can be a simple and powerful way to improve transparency in the processing of mining licence applications and reduce the likelihood of corrupt practices. This includes replacing paper trails and face-to-face meetings with online mining cadastre portals and electronic application processes. This better ensures the ‘first come, first served’ principle is respected and reduces the risk of bribery that might arise in face-to-face meetings. This digitalisation of the licensing process is a priority recommendation emerging from the research in Ghana.
6 – Efficient coordination between different government departments and agencies is important for sharing information, for clarity around decision-making authority and for efficient and timely processing of licence applications. The absence of coordination creates a more corruption-prone environment where financial and technical criteria are at risk of being ignored by decision-makers and where companies can be induced to make facilitation payments or other bribes to fast-track their application. This was highlighted in the research by TI Chapters in Argentina, Mexico, Ghana.
7 – The institutions responsible for receiving and evaluating licence applications need to have sufficient resources and capacity to perform their functions. In many countries, once government employees have built up their capacity through training and experience, they become attractive hires for the private sector, which typically offers higher salaries. The public sector therefore struggles to retain staff, and the private sector becomes better resourced with experienced personnel. Government officials who lack the right skills and experience are more likely to fail to follow up on important supporting documents or to conduct effective background checks on licence applicants. This also enables dishonest companies to submit fraudulent or deliberately misleading information in response to the financial and technical assessment criteria as they know it is unlikely to be detected by the cadastre/licensing officials. This issue emerged prominently in the research by the TI Chapter in Mexico.
8 – The importance of judicial review and checks and balances on government decisions on mining awards. Countries must promote a strong and independent judiciary that can hold politicians and government officials to account for their decisions. Countries should also promote clear legal criteria that limit the discretionary powers of the executive arm of government in appointing the heads and members of technical committees. This will ensure that the committee members are chosen for their technical expertise and that the recommendations and advice they provide decision-makers as part of the licensing process is free from political interests and interference. This was a key highlight in TI-Ghana’s research.
9 – Active disclosure of the licence conditions and agreements as well as public access to the mining register is important for enhancing transparency in the mining sector. Missing information on the details of licence agreements limits the ability of citizens to scrutinise the adequacy of the conditions attached to mining licences, and to detect and hold companies to account for any actions that deviate from the fiscal, social and environmental obligations. This was key finding in the research of TI Chapters in the Kyrgyz Republic and Mexico.
