As part of its CDA obligations, a licensee may pay in-kind or in-kind benefits to the Community. If this is the case, the holder indicates the nature and value of these contributions or payments and provides support advice to explain the amount of value. The case study, which withdraws from the intensive process, provides three important lessons for mediating disputes in municipal mining and improving local relations. It is important that the willingness to engage, meet and sit down with different interest groups has been essential. The various parties, all made up of Mongols, have accepted the mediation mechanism. Second, the role of external intermediaries, trainers and expertise has been essential. This has enabled the parties to improve their capacity and knowledge, reduce perceived inequalities, and present ideas and themes in a clear and reasonable manner. Although less stressed in Mongolia, the active and engaged participation of the dominant player, in this case the OT mine, was essential. The process of processing and resolving complaints may have cost the company $1 million. The price bought community buy-in and support, polished its national reputation, allowed the expansion of the mine and set a positive example for other mining operations in Mongolia and internationally. Indeed, the TPC procedure has been studied by other communities in Mongolia, a major scholarship from the British Research Council (Gobiframework.ouce.ox.ac.uk) and the Canadian Merlite Assistance Project (ceso-saco.com/merit).
This unexpected process and the positive result show the potential of the CDA if the interest, enthusiasm and support of all parties are present at the local level. Community development agreements resulting from good faith agreements have the potential to support a positive socio-economic outcome and have been exploited for years in the mining sector. However, concerns have been expressed and a more hereditary regulatory approach is advocated. Potential benefits include a more structured engagement between businesses and communities, mutual understanding and easing tensions before they arise, and voluntary agreements can also provide an effective way to manage issues such as reduction and compensation. When mining takes place on community land subject to the Community Country Act, the licensee may be required to enter into a separate benefit-sharing agreement or to meet the requirements of the Community Basic Law in the CDA with respect to benefit-sharing requirements. «Community lands» include lands declared as such pursuant to section 63, paragraph 2 of the Constitution and lands converted into community lands under each act. A «community» is defined as «a deliberately different and organized group of users of community countries who are citizens of Kenya and who share one of the following attributes – (i) lineage (ii) a single culture or way of life, common socio-economic or similar interests (iii) geographical space (iv) ecological space or (v) ethnicity.» Mines – Communities: Support for the development of human rights in the mining industry in Guinea, October 2016Link: communitiesfirst.net/2016/10/15/english-translation-guinea-guide/ A CDA will come into force after the signing by the Community and the licensee. The CDA is in effect for the entire life of the mine, but may be modified or modified from time to time by the parties and will be reviewed at least every five years from the date of signing.
We find that CDA regulations do not recognize a resettlement process that may be necessary after a mining licence is granted. It is therefore not clear what impact the consultations and negotiations will have on the resettlement process that takes place immediately after the granting of a mining licence. The Model Mining Development Agreement of the International Bar Association is not an agreement at the community level, but an agreement between a mining company and a national government. One of the most important questions