Tripartite Meeting on Social and Labour Issues in Small-scale Mines

The Office had issued a report⁽¹⁾ to serve as a basis for the Meeting's deliberations. The report focused on major social and labour issues in small-scale mining and on topics that were important in resolving them. It put small-scale mining in context in terms of production and employment and addressed occupational safety and health, women in mining and child labour, legislation, links between large and small mines and assistance to small-scale mining provided by intergovernmental organizations. It gave examples of how some of the issues were being and might be addressed.

The Governing Body had designated Mr. G. Sibanda of the Workers' group to represent it and to chair the Meeting. The three Vice-Chairpersons elected by the Meeting were: Mr. J.H. Eyison (Ghana) from the Government group; Mr. J.G. Eneas from the Employers' group; and Mr. J. Motlatsi from the Workers' group.

The Meeting was attended by Government representatives from Bolivia, Burkina Faso, China, Ecuador, Ghana, India, Indonesia, Namibia, Philippines, South Africa, Thailand, United States, Zimbabwe; 18 Employer members and 16 Worker members. A representative of the Government of Nigeria was present at the sittings.

Representatives from the following international organizations attended as observers: International Finance Corporation, United Nations Conference on Trade and Development, United Nations Economic Commission for Africa, United Nations Environment Programme, United Nations Industrial Development Organization, United Nations and World Bank.

Representatives from the following non-governmental organizations also attended as observers: African Organization of Mines, Metal, Energy, Chemical and Allied Trade Unions; International Confederation of Free Trade Unions; International Energy and Mines Organization; International Federation of Chemical, Energy, Mine and General Workers' Unions; International Organization of Employers; Small Mining International; World Confederation of Labour; World Federation of Industry Workers.

The three groups elected their Officers as follows:

Government group

Chairperson:

Ms. C. Monforton (adviser and substitute, United States)

Vice-Chairperson:

Mr. M.C. Roldan (Philippines)

Secretary:

Mr. K. Nakchuen (Thailand)

Employers' group

Chairperson:

Mr. B. Wilton

Vice-Chairpersons:

Mr. J.C. Barrenechea-Calderón

Mr. M. Falomo

Mr. R. Fernández Aller

Mr. F.K. Siddiqi

Secretary:

Mr. J. Dejardin (International Organization of Employers) (IOE)

assisted by:

Mr. O. Touré (IOE)

Workers' group

Chairperson:

Mr. J. Maitland

Vice-Chairpersons:

Mr. L. McBrearty

Mr. Zhao Yongjin

Secretary:

Mr. P. Michalzik (International Federation of Chemical, Mine, Energy and General Workers' Unions) (ICEM)

The Secretary-General of the Meeting was Mr. B. Klerck Nilssen of the Sectoral Activities Department. The Deputy Secretary-General was Mr. N. Jennings of the Industrial Activities Branch. The Experts were Mr. B. Essenberg and Mr. V. Jamal of the same Branch. The Clerk of the Meeting was Ms. T. Bezat-Powell of the Sectoral Activities Department.

The Chairperson opened the Meeting and noted the importance of small-scale mining in many developing countries including his own. He said that tripartite meetings such as this one provided the opportunity for those directly involved in a sector to discuss important issues and exchange views and experiences. They were a practical means of improving social dialogue and tripartism. As the new Director-General of the ILO, Mr. Somavia, had announced, stronger social dialogue and tripartism was one of the four new strategic objectives of the ILO. This Meeting was also an opportunity to bring small-scale mining, an activity largely outside the scope of formal employers' and workers' organizations, closer to them. He hoped that, through the Meeting, it would be possible to help small-scale miners improve their living and working conditions, integrate better with large mines and the community, take better care of the environment and to be safer, more productive and more profitable. Many issues were interlinked and a comprehensive approach was necessary if small-scale mining was to be assisted rather than stifled. He advised the Meeting to concentrate on sectoral issues rather than on general matters that were dealt with by other ILO bodies. He also called on the participants to seek consensus on conclusions that were practical, which would improve the chances that they would be followed up.

Ms. K. Hagen, Executive Director (Social Dialogue), welcomed the participants to the ILO. She noted that this Meeting was the first occasion on which questions concerning small-scale mines had been addressed in the ILO. Notwithstanding the largely informal nature of small-scale mining, the ILO was fully conscious of the important interactions between its constituents and the plight of small-scale miners. Many of the 13 million people who worked in small-scale mining did so from necessity, as a means to stave off starvation. For those who eked out a living in small-scale mining, on an unstable, casual, contractual or seasonal basis, it was not decent work. She traced international concern about small-scale mining from a resolution adopted at an ILO sectoral meeting in 1990, through different guidelines and declarations adopted since then at several international meetings involving the ILO. It was timely that the ILO had convened this Meeting to focus on the issue of decent work and mobilize the expertise of the participants to reach out to small-scale miners, their families and their communities.

Ms. Hagen pointed out that decent work meant productive work in which rights were protected, which generated adequate income with adequate social protection. It also meant sufficient work. The promotion of opportunities for men and women to obtain decent and productive work, and to assure conditions of freedom, equity, security and human dignity, were the primary goals of the ILO. She said that decent work was the converging focus of the approach to achieve the ILO's four strategic objectives: the advancement of rights at work; employment; social protection; and social dialogue. Sectoral meetings were a means to strengthen social dialogue in a focused way. But she stressed that social dialogue was not an end in itself, it was also the means to achieving the other three strategic objectives. Based on a sense of common purpose, the Meeting could provide the impetus for united action to deal with the issues and make small-scale mining a source of decent work.

Ms. Hagen said that the ILO was committed to strengthening its relationship with the UN system and the Bretton Woods institutions, building on the existing healthy collaboration in small-scale mining. The same went for the industry and trade union partners so that, with the ILO as an intermediary, links between the participants in the Meeting and those who worked in small-scale mining could be enhanced. The report highlighted a number of key concerns that related to the ILO's objectives -- concerns about safety and health, the discrimination of workers based on gender and the exploitation of children, as well as the legal and regulatory barriers to making small-scale mining a productive source of decent livelihoods. She identified the ILO's Safe Work Programme, the Safety and Health in Mines Convention, 1995 (No. 176), and the Declaration on Fundamental Principles and Rights at Work and its Follow-up as key factors in making improvements in this sector. She pointed out that the Declaration could be a means to translate the ILO's values into programmes of integrated development throughout the world. One of the fundamental principles listed in the Declaration was non-discrimination. She highlighted the importance the Director-General was giving to having a gender perspective to the ILO's work, which was especially relevant in small-scale mining where formidable barriers obstructed women's access to anything other than menial jobs. Another cornerstone of the Declaration was the principle of the effective abolition of child labour, extreme forms of which often occurred in small-scale mining. A new standard on child labour and the ILO's IPEC programme would be at the forefront of the ILO's efforts, in partnership with constituents, with NGOs and with multilateral organizations, to eliminate immediately the worst forms of child labour.

Ms. Hagen concluded by noting that the Director-General intended to ensure that the ILO targeted its actions and responded more quickly and that its mission to improve the situation of human beings in the world of work -- to find sustainable opportunities for decent work -- was carried out. She stressed that the sectoral dimension was an important facet of the ILO's work which enabled the Office to be more responsive to the needs of its constituents.

Part 1.
Consideration of the agenda item

Report of the discussion⁽²⁾

Introduction

1. The Meeting met to examine the item on the agenda. In accordance with the provisions of article 7 of the Standing Orders for sectoral meetings, the Officers presided in turn over the discussion.

2. The spokesperson for the Employers' group was Mr. Crowl and the spokesperson for the Workers' group was Mr. Maitland.

3. The Meeting held five sittings devoted to the discussion of the agenda item.

Composition of the Working Party

4. At its fifth plenary sitting, in accordance with the provisions of article 13, paragraph 2, of the Standing Orders, the Meeting set up a Working Party to draw up draft conclusions reflecting the views expressed in the course of the Meeting's discussion of the report. The Working Party, presided over by the Government Vice-Chairperson (Mr. Eyison, Ghana) was composed of the following members:

Government members

Ghana: Mr. Eyison
Namibia: Ms. Liswani
South Africa: Mr. Gudmanz
United States: Ms. Monforton (adviser and substitute)

Employer members

Mr. Barrenechea-Calderón
Mr. Crowl
Mr. Knott
Mr. Sharma

Worker members

Mr. Maitland
Mr. McBrearty
Mr. Perez Nieves
Mr. Westphal

Presentation of the report and general discussion

Presentation of the report

5. The report for the Meeting prepared by the International Labour Office was introduced by the Deputy Secretary-General. He thanked those who had contributed to the preparation of the report and observed that some of the material was being published in a fuller form in a series of working papers. The report focused on small-scale mines in developing countries which accounted for over 95 per cent of employment in the sector, almost always in the context of labour-intensive activities. Small-scale mines existed too in developed countries, but these were mostly capital-intensive and highly mechanized. There were lessons to be learnt from these small-scale mines and they would be elicited during the discussion. Issues concerned with small-scale mines were interlocking in nature, particularly as far as occupational health and safety, gender, and child labour were concerned. These were the issues highlighted in the report. Questions relating to legislation and the linkage between small and large mines were also covered, and finally cooperation between United Nations agencies. The extent of employment in small-scale mining was far greater than previously estimated by the Office. At around 13 million, small-scale mines supported as many people as large-scale mines. There were no common, broad-brush solutions for the many problems afflicting the sector because of the social, cultural, operational and geological differences. Education, training, demonstration and surveillance were the key elements of any programme to improve safety, health and working conditions in the sector. As women comprised a significant part of the workforce, the technical, financial and sociological constraints that particularly affected them had to be removed. Action programmes to eliminate child labour, which was also prevalent in the sector, had to ensure the availability of sufficient infrastructure to accommodate the needs of the children freed from the industry. Employers' and workers' organizations had a crucial role in all aspects. Legislation was gradually having an impact on improving conditions in the sector, and encouraging signs were emerging of cooperation between small and large mines. Better coordination amongst the ILO and other agencies, and employers' and workers' organizations could pay dividends in delivering assistance in a timely and efficient fashion. The speaker concluded by expressing the hope that the outcome of the discussion would help all those concerned with small-scale mining to support it as a safe, healthy and productive activity that provided decent work to all who sought it.

General discussion

6. The Employer spokesperson complimented the Office for the well-balanced and informative report. He felt it would be necessary to discuss further the definition of small-scale mining in order to deal most effectively with the issues raised in the report. Social issues varied from country to country and a number of the problems addressed in the report also applied to other small- and medium-scale enterprises. Many developing countries were already regulating small-scale mines and excessive regulations could limit the opportunities for employers to provide jobs. Competition between large and small mines could make it difficult for the former to assist the latter. The discussion should focus on issues such as training and the provision of assistance to small-scale mining. Such a focus would promote understanding, competitiveness, improved job security and the elimination of some of the concerns outlined in the report. The outcome should be the creation of a balance between the needs of addressing societal issues and creating competitive environments that employers could operate in.

7. The Worker spokesperson welcomed the opportunity to participate in this important Meeting which came at a crucial time for the ILO on the occasion of its 80th anniversary. He congratulated the Office for the quality of its report, particularly in terms of the statistics presented, always a difficult task in the case of an informal sector such as small-scale mining which accounted for 13 million of the 37 million employed in the whole mining sector. Working conditions were precarious in terms of safety and health, and legislation was often lacking. While some of the subsequent discussion could lead to a better definition of small-scale mining, the Meeting should not get bogged down in the technicalities of the definition. It was also important to investigate the question of links between small- and large-scale mines. Many people were relying on this Meeting to help improve their circumstances and it should focus on ways to improve tripartite cooperation as a prelude to delivering new programmes for the sector. He concluded by commending the new Director-General of the ILO for reinforcing the focus on sectoral issues.

8. An observer (Deputy General Secretary of the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM)) congratulated the Office for the excellent report which threw new light on the small-scale mining industry and was essential reading for all concerned. The new data on employment (13 million) underlined the need to take common action. He referred to a recent sectoral meeting which had demonstrated a new spirit in respect of relations between employers and workers under the roof of the ILO. The Social Summit and the adoption in 1998 of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up were clear indicators of a new era of globalized social and labour relations. The speaker welcomed the fact that the Safety and Health in Mines Convention, 1995 (No. 176), had received more ratifications in the few years since its adoption than any other sectoral instrument. He appealed to governments and employers actively to promote its implementation. He welcomed the Director-General's commitment to strengthening the ILO's sectoral activities and to strengthening links with the Bretton Woods institutions and the World Trade Organization. He then turned to the, often unacceptable, conditions in which a large number of people, particularly women and children, were employed in the small-scale mining industry. Economic growth and prosperity could only be achieved by securing safe, healthy jobs, a sound environment and decent working and living conditions for all those engaged in the industry. Finally, the speaker expressed the hope that the forthcoming International Labour Conference would adopt the proposed new Convention on child labour.

9. An observer from the United Nations added her commendations for the ILO report. She emphasized the need to address the issues of migration and transient miners, particularly between rural areas, and the problems of small enterprises such as small-scale mines dealing with environmental and social legislation and, when legislation did not exist, the use of voluntary initiatives as large mines did.

10. An observer from the United Nations Economic Commission for Africa (UNECA) welcomed the report, which was particularly relevant to Africa since a majority of those engaged in informal small-scale mining were to be found there. It was important to achieve coordination amongst all these parties interested in assisting small-scale mining to ensure the formulation of more effective programmes.

Point-by-point discussion

General approach

11. The Worker spokesperson started by summarizing the main themes of the report contained in Chapter 8, emphasizing that the task was the need to bring small-scale mining into the mainstream, which would involve assisting the sector in becoming legal, regulated and economically viable. Trade unions found it hard to be positive about small-scale mining, which was often seen as a threat to the stability and security of large-scale mining. By its very nature it was more hazardous than the large mining sector, yet it was more difficult to monitor and assist because of its inaccessibility. Measures to improve small-scale mining were essential because of the importance of the sector in the national and local economies and communities' reliance on it. The role the unions could play was limited because of the informal nature of the industry, yet opportunities for collective action and organization existed and should be seized, not only by trade unions but also by government agencies and non-labour NGOs, as well as employers' organizations. One of the most important constraints to the sector -- limited access to capital -- could be eased through the use of microcredit schemes. The regulatory framework needed to be improved. Any measures to assist small-scale mining would only work if the workers involved obtained direct, immediate and tangible benefits from them. He welcomed the role the World Bank was willing to play to tackle the problems of poverty and low productivity of the sector but insisted that its proposals for greater coordination include workers' organizations. The ICEM stood ready to support workers' associations in small-scale mines and to work with governmental agencies to address the problems.

12. The Employer spokesperson wanted to correct the impression that small-scale mining equated to illegal mining. In many countries it was a regulated activity and workers had the same protection as in large mines. This impression might have been created by the way a question about the proportion of illegal mines in the ILO questionnaire was formulated. He agreed, however, that there were circumstances where workers' interests were not protected. Employers recognized that government had to set legislation and enforce it. It had to be acknowledged, however, that there were marked differences in the legal environment and government enforcement policies in various countries. Where there was no enforcement, employers' and workers' organizations were powerless to create enforcement. It was, therefore, important for the government to identify all stakeholders and encourage their involvement in policy-making. Government should encourage but not require employer and worker participation in working with small-scale mines -- there might well be competitive or anti-trust implications. Assistance had to be tailored to the legal environment in the country concerned.

13. A representative of the Government of the United States noted that an emphasis had been placed on the contribution governments could make as far as regulatory and financial issues were concerned in developing countries. He accepted this, but underlined the need to learn from the experience of the developed countries which had developed a regulatory framework that included small-scale mines. The experiences of the developed countries could be shared to enable the developing countries to catch up faster. The ILO could be an important conduit in this process.

14. The representative of the Government of Ghana emphasized that organized groups of employers and workers had to support the government in upgrading the small-scale mining industry. In his country small-scale miners were looked down upon. He felt that they could benefit from being organized. Small-scale mining employers too needed assistance from organized employers.

15. The Worker spokesperson recognized that small-scale mining activities existed in developed as well as developing countries. The difference was that in the former the sector had much more access to funds and training and it was rarely the major economic activity in a region. The constraints underlined the need for government intervention to assist small-scale mining in developing countries, particularly in establishing the regulatory framework. Employers' and workers' organizations could only function effectively under the umbrella of a regulatory environment which, it had to be recognized, was the responsibility of the government. Where governments did not regulate small-scale mining, employers' and workers' organizations were unlikely to be able to do so and outside assistance, such as from the World Bank, would be necessary.

16. The Employer spokesperson recognized the extent of expertise in employers' and workers' groups but stressed that the basic resources for promoting exchanges of technology and information were in governments. While it was important to see how the exchange of expertise and resources could be organized, it was not reasonable to expect only the employers and workers to organize it.

Safety and health

17. The Worker spokesperson noted that the lack of data on occupational safety and health (OSH) was an effective barrier to assisting the small-scale mining sector. However, the collection of data was impeded because providing or having more data did not necessarily bring tangible returns to the workers. Because of the high level of illiteracy among them there could be benefits from companies and workers' organizations which had developed methods of data collection making them available to governments dealing with small-scale mining. However, the report had demonstrated that the major OSH problems had already been identified. Hence what was needed was not more data but a programme that addressed the known problems. The cost of training workers in better OSH practices had to be borne by the government simply because of the poverty of the workers and the need not to distract them from income-earning activities. Such costs were justified in terms of their contribution to reducing illness and injury and to improving productivity levels. The growing cooperation between the large and small mining sectors could be harnessed to include OSH training, for example by making health and safety officers available. The ILO and other organizations could provide funding for OSH programmes delivered through workers' organizations.

18. The Employer spokesperson agreed that safety and health was one of the most important issues in mining operations and many companies had consequently developed their own safety standards and practices making the mining industry safer than many other industries. The prime responsibility for compiling data on safety and health in mining lay with governments. He noted that data collection could have cost implications for small-scale mines and governments should devise appropriate low-cost methods. Even in large mines, crews often consisted of six to 15 workers (which could be the size of a small mine) and if the supervisor or mine operator in a small mine emphasized health and safety, improvements could be made. Data compilation was an important part of improving safety performance. The speaker stressed that emphasis should be placed on the prevention of the recurrence of accidents rather than on establishing penalties, which led to under- or non-reporting and defeated the purpose of identifying problems and taking appropriate action. Large mines had much information on the effects of occupational diseases but this information was not easily available for small-scale mines which needed to be made aware of the long-term effects of occupational diseases. The speaker reiterated that many small-scale mines were registered and that government should establish the regime for reporting their safety and health performance.

19. The representative of the Government of the Philippines recognized the role of government in financing training and data collection, but stressed the need to bring small-scale mines into the formal sector. He also placed emphasis on the role of the community and the individual in increasing training. Collective action was needed for an effective attack on the overall problems of the sector.

20. A representative of the Government of Ecuador agreed with the previous speaker. Many governments had financial difficulties and it was better for all parties to cooperate to improve data collection, recognizing, however, that the information might not always be accurate because of fear of prosecution. There had to be a way to encourage people to improve their way of working. He highlighted the need for greater cooperation, particularly of the local, non-mining population in mining areas who could provide information on environmental issues, perhaps leading to an improvement in the situation.

21. A representative of the Government of the United States agreed that all three groups had a responsibility for improving occupational safety and health in small-scale mines. However, instituting a regulatory framework was the prime responsibility of the government. But he cautioned that laws alone might not be sufficient unless they were accompanied by incentives and sanctions. Having a reporting system for accidents and injuries that was similar among countries would assist in making comparisons and in targeting appropriate action.

22. The representative of the Government of Ghana said that the basic problem in his country was that most people involved in small-scale mining had lost their social values and had no regard for themselves or their working conditions. If a person really valued him/herself, then (s)he would want to work in a safe and healthy environment and take steps to do so.

23. A Worker member from Canada regretted the attempt to apportion responsibility for action for the industry among the three parties: all were equally responsible and the Meeting had to recognize that lives were at stake in a very hazardous occupation. He cited an accident in his country in 1994 when 26 men lost their lives in an underground explosion which could have been prevented had the law not been circumvented.

24. A Worker member from Germany agreed, and pointed out that mineworkers played a crucial role in hazardous situations to provide raw materials to industries, yet their remuneration was often inadequate and the technology with which they worked rudimentary: these matters were made worse by low prices. Workers should be qualified so that they did not put their lives at risk. Collective responsibility for the safety, health and welfare of the workers should be recognized.

25. An observer from UNECA said that as far as the collection of data was concerned, it had to be borne in mind that accidents were sometimes not notified because of traditional beliefs; for example, deaths were sometimes deemed necessary for gold to be found. So awareness had to be created too. He also pointed out that not only did governments not have the necessary resources for data collection, but institutions to support the small-scale mining industry were often set up in the capitals, making access to remote mining areas difficult. He recommended that tripartite meetings be encouraged at the national level so that the parties involved could meet regularly and jointly find solutions. Similarly, all ministries and departments concerned should meet regularly to discuss and deal with safety and health issues in small-scale mines.

26. An observer from the United Nations emphasized the need to include NGOs as well as the tripartite partners in addressing the issues of this sector. Mines were often remote and operated in a clandestine way. Hence they were difficult for governments to monitor, whose intrusion was in any case not always welcomed by the miners. NGOs could bridge the gap between government and communities and had done so in some cases. Training should be linked to productivity and health issues and the role of the community should not be ignored. Unfortunately, small-scale mining was a low priority for donors and this Meeting could be crucial in mobilizing opinion in favour of this sector.

27. An observer from UNIDO pointed out that health problems went beyond the OHS ones usually mentioned. There were long-term public health problems too. Some of these, such as mercury pollution, could extend beyond this generation. A lack of training should not be an impediment to employment; rather the technology of the sector should be improved to ensure better returns to the workers.

28. The Worker spokesperson, while accepting that the responsibility for action had to be shared by all the parties concerned, reiterated the major role of government. Workers' organizations accepted their own responsibility, as had become evident in the adoption of Convention No. 176 which included provisions for workers' responsibilities. He welcomed the comment by the observer from UNECA regarding the desirability of establishing national tripartite bodies to monitor the sector and the point made by the observer from the United Nations about grounding all action for the sector on community values. The small-scale mining sector faced severe problems and these had to be recognized rather than brushed aside; only then would solutions follow.

Women in small-scale mining

29. The Employer spokesperson prefaced his remarks by stating the Employers' position with respect to NGOs. The ILO Constitution established the Organization as tripartite: Employers, Governments and Workers. The Employers' group believed this to be the appropriate forum for labour issues and did not believe that this structure required modification. Turning to the question of women in small-scale mining, he noted that the female participation rates varied from country to country. Each country was addressing the issues through legislation, practice and enforcement. He noted that the ILO had also attempted to deal with these issues in the past and, most recently, through the adoption in 1998 of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. He referred the participants to the following article of the Declaration: "... Declares that all Members, even if they have not ratified the Conventions in question, have an obligation, arising from the very fact of membership in the Organization, to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which were subject to those Conventions", namely the paragraph on the elimination of discrimination in respect of employment and occupation. He expressed his group's full support for the Declaration and for the Programme on More and Better Jobs for Women. The mining sector was often a high-paying sector and could provide better remunerated jobs in small-scale mining. He suggested two important aspects. First, women should have equal access to education and training and, secondly, equal access to finance. He drew attention to the revision of the Maternity Protection Convention (Revised), 1953 (No. 103), next month by the International Labour Conference. He recognized that there could be certain medical risks for women working in mines in the early stages of pregnancy and hoped that the Conference would also address this issue.

30. The Worker spokesperson stated that women's participation in small-scale mining needed improvement because the current level and type of participation resulted in women deriving less benefits than men did. Since women retained primary responsibility for child and family care, measures to improve their participation had to include schooling for children. Literacy programmes targeted at women were needed because of their generally lower literacy rates. Measures most beneficial to improve women's participation included improved access to finance and law reforms which removed discrimination against women in holding assets and obtaining finance. Improved access to finance, for example through microfinance programmes, was crucial. Finance and legal reforms should be initiated by governments, but NGOs could also play a role in the delivery of microfinance. Literacy and improved school programmes would require the involvement of governments of developing countries and IGOs. Care had to be taken with special assistance to women so that prejudices were not reinforced. It was better to increase women's opportunities to participate through the removal of existing impediments rather than giving them special assistance. He referred to the work of the ICEM in assisting self-employed women and women in cooperatives.

31. An observer from the UNECA pointed out that in Africa the presence of women in small-scale mining resulted from the basic family structure and the prevalence of family-based activities. There were traditional prejudices about the role of women in mining and steps needed to be taken to overcome these and create a "level playing field".

32. An observer from the United Nations reminded governments of the need to gender mainstreaming programmes to promote women's participation and referred to the work of the United Nations Commission on the Advancement of Women.

33. A representative of the Government of Burkina Faso said that the participation of women varied from country to country, depended on the type of mineral and the region where the extraction took place. In his country, for example, women did not go underground. His country, in collaboration with Mali and Niger, was developing legislation concerning the activities of small-scale mines, with the participation of women. He warned, however, that such legislation might discriminate against other groups. NGOs and development agencies should play an intermediary role in providing developing countries with assistance.

34. The representative of the Government of the Philippines said that constraints on women's activities arose more from culture and tradition than from regulation or discrimination. In order to change this, continuous education and training were needed, with governments, NGOs and local communities playing an important role.

35. A representative of the Government of Ecuador said that the participation rate of women in mining in his country was not very high, but that women and members of mining families had been major agents of change on questions of health and the environment. Occasionally they had even opposed the setting up of new operations that did not respect basic environmental principles.

36. A representative of the Government of China stated that governments should enforce the relevant legislation. In his country, women were not allowed to participate in underground operations. More education needed to be provided for women to improve their opportunities and level of participation.

37. A representative of the Government of the United States mentioned that in her country the problem of female participation was a combination of perception by women and discrimination against them. The government had to enforce the laws against discrimination and, as an employer, set examples to other employers to provide women with employment opportunities.

Child labour in small-scale mining

38. The Worker spokesperson acknowledged that the ILO and its constituents accepted their responsibilities with regard to child labour. This was demonstrated by the discussions during the 86th and 87th Sessions (1998 and 1999) of the International Labour Conference of the proposed Convention on child labour, which he hoped to see adopted with great support. The International Programme on the Elimination of Child Labour (IPEC) was also a clear demonstration that the ILO had an effective practical process in place. He acknowledged the support of many governments to this important programme. Unfortunately, his group felt that there was evidence of an increase in child labour due, inter alia, to the financial crisis in Asia. Some austerity programmes introduced at the initiative of the World Bank and the IMF had resulted in the loss of many jobs and governments had had to remove food and other subsidies. The collapse of local banks had also led to workers losing their savings. So while there was a global commitment to the eradication of child labour, some institutions might need to review consequences of their programmes on it. Employers should realize that globalization entailed a social obligation and he called on them to support the IPEC, not only with technical support but also with funds arising from the benefits of globalization. He was very pleased to hear the Employer spokesperson's support for the Declaration and his quotation from the provision that dealt with the effective abolition of child labour. The Workers' group agreed that if poverty was eliminated, child labour could be eliminated too. There was therefore an enormous burden on the Bretton Woods institutions to see how they could provide the necessary resources to overcome poverty and thus improve the situation of women and children. On the steps to be taken, the speaker said that, as was the case of OSH data collection, those who had to provide the data had no reason to believe they would immediately benefit from it, which made it hard to collect. The ILO report noted that there was substantial involvement of children in small-scale mining, more often in surface operations and in mineral processing, but also underground. The report also stated that some of the reasons for child labour involvement would disappear if other improvements, such as better access to finance enabling better production methods and higher incomes, were introduced. For the time being, data collection on child labour would be done through sample surveys and extrapolation from them. National governments should be encouraged to undertake such surveys. Intergovernmental organizations could consider providing aid for this while development NGOs, already active in developing countries, might be able to do such survey work cost-effectively. It was more important to obtain good data than apportion blame if progress was to be made. The speaker warned that while child labour was repugnant, the forced immediate removal of children from hazardous work and small-scale mining was likely to result in further economic hardship through the denial of livelihood and income. Such measures, where it was demanded by developed nations, had elements of an imperialist or colonialist approach. The ILO report correctly identified that product labelling and consumer pressure were not readily applicable to mined products, which were an intermediate stage in the manufacturing process. However, it was possible for major manufacturers to require their suppliers not to use child labour and to certify compliance. Many manufacturers now sought accreditation under various ISO standards. It was conceivable that quality assurance and accreditation guidelines, developed with an input from workers' organizations, could include requirements that manufacturing firms took all reasonable steps to ensure that their inputs were free from child labour. The Worker spokesperson said that of the measures identified in the ILO report, education was one of the most important, particularly because it was needed to overcome the cultural acceptance of child labour. Education and sensitization should be available to communities and families in small-scale mining areas. Resources were a critical issue and governments should make the necessary allocations in their budgets. Comparisons had been made in the Workers' group about the proportion of GDP spent on defence compared with expenditure on education in some countries. A dialogue beyond the tripartite structure of the ILO was needed -- one that included churches, which had a traditional role in education, and NGOs. According to the speaker, there was a range of other measures. For example, the Minimum Age Convention, 1973 (No. 138), which had not been ratified by many countries, set the minimum age for access to employment. Moreover, while there might be adequate legislation, enforcement was often inadequate. The general move by much business to seek less prescriptive legislation and have a free trade regime without reference to social standards also had an impact. Ethical investment, however, could contribute to the elimination of child labour. Consideration could be given to having a small levy on investment to finance the provision of services to deal with child labour. He reiterated that child labour was an emotional issue for his group, that went beyond the Meeting. He called upon all the groups present to commit themselves to supporting the ILO during the forthcoming International Labour Conference and to encourage others to support the adoption of a Convention and a Recommendation.

39. The Employer spokesperson reiterated the concern of his group about both the participation of women and the elimination of child labour. He repeated his quotation from the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up asking Government representatives to pay particular attention to the obligations it gave them and noted that it applied to all industries in all economies. Although the problem of child labour was not unique to small-scale mining, it existed there. An important question was what constituted the participation of young persons in mining. For example, was the collection of river rock after school hours to make aggregate small-scale mining? Was it hazardous and was it child labour? The definition of child labour was a complex question. His group was fully cognizant and fully supported the ILO Declaration. But it required legislative and enforcement action and employers and workers did not have the power to create and enforce law. The forthcoming International Labour Conference would again discuss the proposed child labour Convention. The Employers' group supported this universal debate but would not pre-empt it.

40. A representative of the Government of Burkina Faso was pleased that child labour was on the agenda of this Meeting. He referred to the IPEC survey in his country described in the ILO report, the results of which were analysed at a tripartite meeting and used to define a sectoral action plan that identified the priority action to be undertaken by the various actors.

41. Several Government representatives (Indonesia, Namibia, Philippines, Zimbabwe) pointed to poverty as the root cause of child labour and to the pressing need to eliminate it. They agreed on the necessity to improve inspection services and on the need for better coordination between the concerned government ministries. Employers and workers could assist the inspection services by reporting violations to the relevant authorities. They also called for advocacy for children's rights in communities. The concept of "extension officers", as used in agriculture, who provided technical assistance as well as verifying that legislation was being adhered to, could be extended to small-scale mining.

42. A representative of the Government of the United States said that his Government had been actively supporting the elimination of child labour through the provision of resources for data collection and the development of programmes in various parts of the world. Employment of children resulted from a lack of educational and other opportunities. It was clear that child labour in hazardous underground operations had to be eliminated. The speaker agreed that product purchase agreements and the monitoring of child labour in small-scale mining were more difficult than in other industries because mining took place in outlying areas and was not always actively regulated by governments. He recalled that 80-100 years ago the United States had similar problems. Perhaps some of the remedies developed in his country to deal with the problem could be the basis for action in other countries. His country was ready to cooperate with other countries in the elimination of child labour, firstly in the most hazardous situations and then from mining generally, bearing in mind the need to provide alternatives.

43. An observer from UNIDO drew attention to the fact that in certain countries child labour had a gender aspect, favouring boys over girls.

44. A Worker member from Germany mentioned that the ILO report stated that children of 6 or 7 years of age were working in mines, and from 9 years of age working underground. All here in the Meeting had to face their responsibility to put an end to it. Advocacy in enterprises and trade union meetings was necessary. The World Bank could assist in the creation of alternatives in small-scale mining areas, which could be coordinated on a tripartite basis.

45. An Employer member from Nigeria reiterated that child labour was a byproduct of poverty, mainly in developing countries. He felt that developing countries should be given a time limit to eliminate poverty after which child labour legislation would be enforced.

46. A Worker member from Canada said that child labour existed to a certain extent in all countries, particularly when it was broadly defined. He noted that his Government had not ratified Convention No. 138, despite having heavily invested in the elimination of child labour. It was necessary to condemn child labour and work towards its elimination.

47. The Worker spokesperson concluded that the debate had established that all were against child labour and that no parent willingly exploited his or her child. To break out of the poverty cycle, more resources from the developed world were needed. In this respect, the issue of debt relief had to be raised and the Bretton Woods institutions needed to look more closely at the social consequences of their restructuring programmes.

Legislation for small-scale mining

48. The Employer spokesperson said that all the countries represented in his group had some legislation applicable to the sector. He reiterated the Employers' group's endorsement of the Declaration on Fundamental Principles and Rights at Work as a basis for incorporation in each country's laws that governed small-scale mining. All countries had an obligation to respect and promote these principles, particularly those relating to forced labour, child labour and discrimination, all of which were issues faced by the small-scale mining sector. Employers' groups should be represented in the process of drawing up these laws. He cautioned, however, that the laws should not lead to higher overheads, which would reduce employment opportunities.

49. The Worker spokesperson emphasized that a body of legislation existed in many countries with similar features and elements which could be adapted and adopted by countries which lacked it. What was essential was to ensure that the laws were applied completely and without distinction. For example, there could be no compromise on the question of the complete elimination of child labour nor on complete health and safety coverage for all workers, whether in large or small mines. The question of mine ownership and owners' responsibilities -- which were set out in Convention No. 176 -- also applied at the small-scale level. It was also important to recognize that no group had total responsibility for the issues being discussed. Thus legislation needed to ensure that workers had the opportunity to have access to and assist other workers. The Workers' group also endorsed the universality of the Declaration on Fundamental Principles and Rights at Work.

50. A representative of the Government of the United States said that in his country the laws pertaining to the mining sector made no distinction between large and small mines. He recognized that regulations placed an economic burden on some small mines. The fact that small mines had more problems than their numbers warranted meant that particular attention was paid to addressing their OSH problems with significant success. Some small-scale mines avoided implementing all their obligations under the law because of the economic burden that compliance imposed. Their remote location often facilitated this. If the community could be convinced of the value of dealing with OSH, even on a small scale, success would be more likely, particularly if the law was evenly applied.

Links between large and small mines

51. The Worker spokesperson said that the question of improving the linkages between large and small mines was best tackled by the companies themselves. But quite often small mines competed with large ones. Technical information, best practices, OSH data and information existed throughout the mining industry. Its exchange would benefit both employers and workers in small-scale mining. Workers' organizations, particularly at the local level, were prepared to assist in educating people to understand the importance of cultural change. He recalled ICEM's activities with women's groups. The trade union movement was well known for its expertise in OSH. The Workers' group was ready to collaborate with the other two social partners in improving social conditions in small-scale mines and communities. It had considerable expertise. The trade union movement would continue to seek donor assistance to augment its own resources for these activities. It would be a good idea if the ILO supervised and coordinated pilot projects to deal with the major problems of the small-scale mining sector.

52. The Employer spokesperson said that all of the countries represented in his group had employers' organizations which were open to all, regardless of size. They were encouraged to develop and foster closer relationships between employers. However, it should not be expected that these efforts alone would result in solving the complex issues facing small-scale mining.

53. The representative of the Government of the Philippines felt that the "big brother" concept of large mines helping the small ones was a practical one, notwithstanding the element of competition that sometimes existed between the two. Companies and trade unions could be involved, possibly even by including assistance to the small-scale sector within the scope of collective bargaining agreements, particularly with respect to training and management practices. This would contribute to growth in the small-scale mining sector. Government should facilitate dialogue between the two groups, with the objective of bringing small-scale mining into the formal sector.

54. The Employer spokesperson responded that the notion of competition between the two groups should not be too exaggerated; there was a sense of community amongst all miners and concern about mining's image. Improving this image provided an area of common interest. Employers' groups were committed to improving the image of the mining sector and were committed to many of the principles identified in the Declaration. While the interests of large and small mines might appear to be disparate, they were in fact common.

55. An observer from the United Nations, addressing the question of linkages, emphasized the need to ensure the transfer of mining and exploration permits in order to foster growth in small-scale mining. The issue of alternative livelihoods had to be considered too since mining by its very nature had a limited life. She cited an example in the report of problems arising from resettlement of small-scale miners and another from Niger where a resettled community was taught new skills.

56. An observer from the International Finance Corporation agreed that the problems of small-scale mining were basically related to poverty. He wondered how prepared the Employers' and Workers' groups were to embrace the notion of community development as a central policy issue.

57. The Employer spokesperson felt the notion was too broad to allow an unequivocal answer. Employers were responsible to a certain extent, notably with the mine. Governments had broader responsibilities and far greater resources.

58. The Worker spokesperson responded that workers' groups everywhere participated in programmes to improve living conditions in mining areas and recalled his previous remarks on ICEM's activities.

59. The representative of the Government of Zimbabwe said that large-scale mines had an interest and an obligation to improve the health and education of their communities -- it was to their ultimate benefit. Small mines in his country could hardly be considered a threat to large mines and assistance from them, on a voluntary basis, would further improve community development and relations.

Assistance to small-scale mining

60. The Worker spokesperson drew attention to the fact that depressed profits had an adverse impact on OSH, citing an example in small-scale coalmines in the United States. As far as the role of workers' organizations in assisting small-scale mines was concerned he gave details of a range of projects in Latin America, Africa and Asia covering cooperatives, retrenchment, child labour, women's issues and traders and middlemen. All these examples showed that there was considerable expertise in workers' organizations and that they were sharing the responsibility for dealing with the issues and were mobilizing internal and external resources to do so. A fruitful avenue for helping the sector would be to extend existing tripartite arrangements for more effective problem-solving.

61. The representative of the Government of Ghana cited the case of a mine in his country that was due to shut down. However, the local trade union and its members pooled their redundancy pay and took over the operation of the mine, which continued to produce successfully.

62. The Employer spokesperson pointed to several areas where assistance could be provided: marketing, exploration, access to credit. But the government had to play the central role, and not just the employers' and workers' groups. Development agencies needed better coordination in order to address the issues. Small-scale mines were heavily dependent on the prices of the commodities they were mining and governments' sudden sales of their gold reserves had a substantial impact. Governments should be aware of the effects of their policies on small-scale mining. Governments had to provide the framework to encourage mining while embracing the ILO Declaration.

63. The representative of the Government of India referred to the poverty level in small-scale mining, even among the employers. He cited the example of two mines in his country which had achieved very different results in terms of wages and productivity because of the technical advice one mine had received to improve the mine layout and truck movements. It became more productive and invested in further improvements. Training of the workforce had been integral to motivation and to speed its acceptance of the changes. Education was the single most important key to higher productivity. All three social partners as well as NGOs had a role to play in providing information, training and changing attitudes.

64. The representative of the Government of the Philippines said that the sector deserved assistance in view of its role in the development of rural areas and the problems it exhibited in areas such as women's employment, child labour and environmental degradation. Governments could play a role in the form of creating a legislative framework (including defining access to mining rights), providing easier access to credit, and helping with institution-building and training. The large-scale sector could facilitate the spread of safer technology to small mines. He advocated the idea of a consultative body to achieve better coordination among the various groups concerned.

65. The representative of the Government of Zimbabwe agreed. All three social partners had a role to play in providing education, infrastructure and technology to the small-scale mining sector. He felt that extension officers of the kind that operated in the agricultural sector could play a significant role in the mining industry too -- for example by providing tools and educating the workers on their proper use. Employers' and workers' organizations could make a real contribution, in cash or kind.

66. The Employer spokesperson, while expressing his group's readiness to help, recalled that the primary responsibility for dealing with the general situation of the small-scale mining sector lay with government. It had the resources to improve social conditions and infrastructures. Obligating employers with additional responsibilities would only thwart the development of the industry, with implications for employment.

67. A representative of the Government of the United States underlined the vastly improved results that were forthcoming when all those involved in an industry acted in concert. This had been shown time and again in the United States. The community, universities, children's groups, health-care providers all had to be included. Although bringing all the stakeholders together could be time-consuming, the rewards were always greater.

68. An observer from UNCTAD praised the ILO report and felt it would be a major reference mark for the future. He summarized UNCTAD's activities in solving problems related to health, migration and the environment. Local communities had a crucial role to play in ensuring the economic and environmental sustainability of small-scale mines. He recognized that donors were not too interested in the sector but hoped that one of the major outcomes of the Meeting would be to sensitize donors to the problems of small-scale mining and to the potential for improved economic and social development that small-scale mining offered.

69. An observer from Small Mines International shared the view that had been expressed about collective responsibility for the sector. He urged the ILO to include his organization and other NGOs connected with the sector in future deliberations on assisting the sector and those involved.

Role of the ILO

70. The Employer spokesperson endorsed the activities of the ILO as mentioned in the report and encouraged the Office to maintain its interest in this important topic. He also suggested to make better use of the networking possibilities created by the Internet to communicate with its constituents.

71. The Worker spokesperson pointed out that the report had focused on the need to improve OSH and working conditions in the sector. However, it had also raised the issue of laws and regulations. He felt that the ILO's experience in technical cooperation should be used to bring the parties together to put in place arrangements to help the self-employed and subcontractors deal with the wages problems cited in the report. More effort could be put into monitoring and reporting back on the implementation of the recommendations of this Meeting. With increasing free trade, the Workers' group could not help but say that some of the responsibilities that had hitherto fallen on governments now had to be assumed by the employers. Workers were willing to share some of these added burdens. He welcomed the idea emerging from the Government bench of the desirability of setting up national tripartite coordinating bodies for assisting the small-scale mines, in which the ILO could play a role.

72. Several Government representatives (India, Philippines, United States) made suggestions for future ILO action including using the influence of the ILO in informing people of its global programmes -- e.g. on silicosis -- and national action arising from them. The ILO should share information among countries on best practices for a particular sector, including in forums such as this one. Also the ILO should encourage the social partners to play their roles and it should cooperate closely with the World Bank and other organizations.

Consideration and adoption of the draft report
and the draft conclusions by the Meeting

73. The Working Party on Conclusions submitted its draft conclusions to the Meeting at the latter's sixth sitting.

74. At the same sitting, the Meeting unanimously adopted the present report and the draft conclusions.

Geneva, 21 May 1999.

(Signed) Mr. G. Sibanda, Chairperson.

Conclusions on social and labour
issues in small-scale mines⁽³⁾

The Tripartite Meeting on Social and Labour Issues in Small-scale Mines,
Having met in Geneva from 17 to 21 May 1999,
Adopts this twenty-first day of May 1999 the following conclusions:

General approach

1. Small-scale mining provides work and income for about 13 million people. It is closely linked to economic development, but its potential is often far from realized. The task for the beginning of the new millennium is to bring small-scale mining into the mainstream as a source of decent work and economic benefit.

2. The many and complex issues that surround small-scale mining mean that when assistance on labour and social issues, such as health, education and environment, is being developed and implemented, due consideration should be given to other issues, such as regulatory, financial, technical, cultural and political, that affect this sector. Conversely, assistance that targets other topics should anticipate and take heed of any labour and social implications.

3. A key to successful small-scale mining is an appropriate legal and regulatory framework including monitoring and enforcement provisions. It is the responsibility of government to establish this framework. Governments that have already successfully established such a framework should contribute their expertise and experience to the countries that have still to do so.

4. The informal nature of much small-scale mining, particularly in developing countries, may sometimes inhibit the roles that employers' and workers' organizations⁽⁴⁾ can play in addressing labour and social issues. Proposals to improve the situation in small-scale mining must lead to immediate, tangible benefits if they are to succeed.

5. Employers' and workers' organizations should approach those involved in small-scale mining directly, or through government agencies, the ILO or other organizations as appropriate, with concrete proposals for assistance in improving labour and social conditions in small-scale mining, or work in close cooperation to develop proposals.

6. All activities in respect of assisting small-scale mines should be governed by the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up.

7. Governments, employers' and workers' organizations recognize that the environment is an important issue for workers and communities working or living in or nearby small-scale mines.

Safety and health

8. Occupational safety and health (OSH) are important issues for small-scale mines and their communities. The lack of reliable data and difficulties in its collection makes it more difficult to develop effective assistance programmes and to improve safety and health performance. Nonetheless, the major OSH problems are well known.

9. In discharging their responsibilities, governments should establish a regime for effective reporting on safety and health performance in small-scale mining. In doing so, governments should place emphasis on investing in the prevention of accidents and disease.

10. Mining companies and workers' organizations that have developed efficient, cost-effective methods of data collection and analysis should share the methodology with governments dealing with small-scale mining.

11. Employers' and workers' organizations should cooperate with small-scale mines and the communities to increase awareness of the benefits of safe and healthy mining and by setting appropriate examples.

12. Meetings, in line with ILO guidelines, designed to assist and develop training and education programmes in OSH should be encouraged.

13. The ratification and implementation of the Safety and Health in Mines Convention, 1995 (No. 176), is an important means to improve OSH in small-scale mining.

Women in small-scale mining

14. Women can and do play a significant role in small-scale mining in conjunction with their other responsibilities, but the extent to which they can participate is often constrained by one or more legal, economic, social or cultural factors.

15. Support for the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up and the fulfilling by governments of their obligations arising from it are important if the barriers to women's participation in small-scale mining that are due to discrimination are to be removed.

16. Measures to improve women's participation include the provision of schooling for their children and of education for the women themselves. Governments have the prime responsibility for providing these services. Where appropriate, governments can enlist the support of the social partners and other relevant bodies. In acting to increase women's participation in small-scale mining, governments should ensure that they do not inadvertently introduce other forms of discrimination.

17. Providing easier access to finance, for example through microfinance schemes, may quickly enable women's participation to increase. The ILO and other agencies should examine ways to extend their microfinance programmes to the small-scale mining sector.

Child labour in small-scale mining

18. Child labour in small-scale mining is closely linked to poverty. The drive to eradicate poverty must not be allowed to falter at any level. Employers and workers' organizations that assist small-scale mining to become more efficient and generate more income can play an important role in eliminating poverty and the need for child labour.

19. The lack of data makes it difficult to determine the extent and nature of child labour in small-scale mining but it does not obscure the fact that it is significant. Governments should improve their data collection on the extent and nature of child labour using the resources and expertise of intergovernmental organizations and other appropriate organizations.

20. The removal of children from the most hazardous tasks in small-scale mining should be immediate. This must be accompanied by the provision of the means to ensure that family income does not suffer and that the children themselves are assured of education. Governments should ensure that sufficient resources are allocated to providing public education to all children who are below legal working age. Moreover, governments should implement a broad system of dialogue with community, cultural or other groups to accelerate and improve the provision of schooling in small-scale mining communities.

21. The obligations in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up apply equally to child labour, and governments should fulfil them. The standard-setting activities of the ILO on child labour will be instrumental in removing children from the workplace in small-scale mines. The International Programme for the Elimination of Child Labour (IPEC) should place greater emphasis on small-scale mining projects to speed up the removal of children from hazardous work in small-scale mines and ensure that children are not exploited.

Legislation for small-scale mining

22. Where small-scale mines are illegal, appropriate regulation is an important step in transforming small-scale mining into a viable regulated source of decent work and income.

23. Employers' and workers' organizations should be consulted when legislation on small-scale mining is being drafted, including discussion on social and economic effects on all those concerned. Once in force, laws and regulations should be applied fully and without distinction.

Links between large and small mines

24. The technical information, best practices, OSH data and information that exist throughout the mining industry should be made available by the governments and employers' and workers' organizations concerned to those involved in small-scale mining.

25. Employers' and workers' organizations, particularly at the local level, should assist small-scale mines to improve their operations and social conditions at the mine sites and in the community. Donor assistance to mobilize efforts on behalf of small-scale mining should be sought. If required, the ILO should supervise and coordinate pilot projects that include employers and workers' organizations from large mines to deal with problems in the sector.

26. Governments, employers' and workers' organizations should explore how large mines and their workers could act as mentors to small-scale mines.

Assistance to small-scale mining

27. Any assistance to small-scale mining must take into account the immediate needs of all those involved and of their community if it is to succeed.

28. The World Bank's proposals for a consultative body that are described in the ILO report will be enhanced if it includes participation by the social partners.

29. At the national level, government leadership is central to providing assistance to small-scale mining, particularly as far as permits, exploration, credit and marketing are concerned. Governments should consider setting up broad-based national or local consultative groups that would develop assistance and direct it to where it is needed most. Governments should also be aware of the effects of their fiscal and other policies on small-scale mining.

30. Employers' and workers' organizations should use their considerable expertise to assist small-scale mining, especially in developing countries, by providing information, resources, training and technical assistance, such as the adaptation of technology or equipment for use in small-scale mines, and in marketing.

31. The ILO and other development agencies should ensure that information on successful small-scale mining projects is collected and disseminated.

Role of the ILO

32. In addition to the measures outlined above, the ILO should maintain its interest and activities in small-scale mining and expand its networking capacity through greater use of information technology to communicate quickly and effectively with its constituents. Information on the ILO's global programmes and on national programmes arising from them should be disseminated as a matter of priority.

33. The ILO's considerable experience in technical cooperation should be used to bring together the parties involved in small-scale mining in order to deal with the issues raised in the report.

34. The ILO should be active in any coordinating body that is established to assist small-scale mining and ensure that the social partners also play their role.

Part 2.
Resolution

Consideration and adoption by the
Meeting of the draft resolution

At its fourth plenary sitting, the Meeting set up a Working Party on Resolutions, in accordance with article 13, paragraph 1, of the Standing Orders.

The Working Party, presided over by the Chairperson of the Meeting, consisted of the Officers of the Meeting and three representatives from each of the groups. The members of the Working Party were:

Officers of the Meeting

Mr. G. Sibanda (Chairperson)
Mr. J.H. Eyison (Government Vice-Chairperson)
Mr. J.G. Eneas (Employer Vice-Chairperson)
Mr. J. Motlatsi (Worker Vice-Chairperson)

Government members

Burkina Faso:
Ecuador:
United States:

Mr. M. Traore
Mr. S. Cordovez Noboa
Ms. C. Monforton (adviser and substitute)

Employer members

Mr. A.S. Dafe
Mr. J. Riesco Valdivieso
Mr. B. Wilton

Worker members

Mr. K. Hammer
Mr. J. Main
Mr. T.E. Ruzive

At the Meeting's sixth plenary sitting, the Chairperson, in his capacity as Chairperson of the Working Party on Resolutions and in accordance with article 14, paragraph 8, of the Standing Orders, submitted the recommendation of the Working Party on Resolutions regarding the draft resolution before the Meeting. As required by the same provisions of the Standing Orders, the three Vice-Chairpersons of the Meeting had been consulted on the contents of his oral report.

The Working Party had before it one draft resolution submitted by the Workers' group, which was declared receivable. The Working Party amended the text of the resolution on the basis of proposals made by its members within the time limit set by the Officers of the Meeting. The Working Party recommended the adoption by the Meeting of the amended draft resolution.

Resolution concerning the fundamental Conventions
of the International Labour Organization and future
activities of the ILO in small-scale mines

The Meeting unanimously adopted the resolution.

Resolution concerning the fundamental
Conventions of the International Labour
Organization and future activities of the
ILO in small-scale mines⁽⁵⁾

The Tripartite Meeting on Social and Labour Issues in Small-scale Mines,

Having met in Geneva from 17 to 21 May 1999,

Recalling that small-scale mines form part of the mining sector,

Recalling that the governments present at the United Nations World Summit for Social Development (the Social Summit) in Copenhagen called for the universal application of fundamental principles and rights at work,

Recalling that the Social Summit recommended a reinforcement of cooperation between all competent international institutions, including the United Nations and its specialized agencies as well as the World Bank and the International Monetary Fund,

Recalling the adoption in June 1998 of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up,

Recalling resolutions Nos. 101 and 102 adopted at the Thirteenth Session (1995) of the ILO Coal Mines Committee,

Recalling the adoption by the International Labour Conference of the Safety and Health in Mines Convention, 1995 (No. 176), and appreciating the high level of ratification by governments of this crucial sectoral instrument,

Recalling the ILO's efforts and activities to eliminate child labour which is on the agenda of the forthcoming International Labour Conference as well as the ILO's activities to remove all forms of discrimination at work especially with regard to women,

Recognizing that the present slump on world markets of the price of most metallic and non-metallic minerals adds increased pressure on a number of governments, employers and workers' representatives to ensure the full respect of the fundamental Conventions of the International Labour Organization and the provision of adequate social measures in small-scale mines in both developed and developing countries,

Wishing to encourage the ILO to adopt a comprehensive programme to assist the social partners in adhering to and complying with fundamental human rights and the rights of workers and their representatives⁽⁶⁾

in small-scale mines and in particular in those parts of the industry where the enforcement of laws and regulations is particularly arduous;

Adopts this twenty-first day of May 1999 the following resolution:

The Tripartite Meeting on Social and Labour Issues in Small-scale Mines:

(1) calls on the Governing Body and the Director-General of the International Labour Office to promote social dialogue in small-scale mines. To this end, the ILO should:

(a) promote tripartite dialogue which may also include cooperation with other relevant stakeholders wherever appropriate to improve working conditions in small-scale mines;

(b) increase its efforts to further encourage member States to ratify the Safety and Health in Mines Convention, 1995 (No. 176), and ensure by appropriate programmes the fullest implementation of its provisions in all parts of small-scale mining;

(c) ensure that its International Programme on the Elimination of Child Labour (IPEC) avails itself to the fullest extent to all countries where child labour in small-scale mining is common;

(2) invites the ILO, in its cooperation with the World Bank, financial institutions and other international agencies, to ensure that in planning and implementing its activities and programmes within small-scale mines, full consultation takes place with employers' and workers' representatives;

(3) requests the ILO to intensify its research and monitoring activities with particular reference to the respect of the application of its fundamental Conventions in small-scale mines;

(4) calls upon member States to:

(a) honour and promote their obligations in respect of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up;

(b) give full support to the ILO's activities towards the elimination of child labour, in particular international labour standards related to this issue and IPEC, and the elimination of any discrimination at work, in particular against women;

(c) contribute to the planning and implementation of programmes aimed at improving social and economic structures of areas concerned through education and training and by encouraging the creation of healthy and safe jobs.

Part 3.
Other proceedings

Panel discussions

Activities of selected international organizations
in small-scale mining

Moderator:

Mr. M. Roldan, Vice-Chairperson of the Government group

Panellists:

Ms. S. Khan, International Programme on the Elimination of Child Labour, ILO, Geneva
Ms. B. Labonne, Department of Economic and Social Affairs, United Nations, New York
Mr. G. McMahon, World Bank, Washington, DC
Ms. R. Kunanyagam, World Bank, Washington, DC

ILO work on child labour

Ms. Khan's starting point was that of the 250 million children who contributed to the labour force every day, some 120 million did so under hazardous and exploitative conditions and often worked surrounded by a fog of invisibility. Since its creation, the ILO had devoted a major part of its efforts to the elimination of child labour. Although it was now widely recognized that child labour could not be abolished overnight, there was growing international consensus for the immediate abolition of "the most intolerable forms of child labour". The proposed Convention and Recommendation, which were expected to be adopted by the International Labour Conference in June 1999, would apply to all children under the age of 18 and would require ratifying States to take measures to prohibit and immediately eliminate the worst forms of child labour, i.e.:

all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs;
work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

The ILO's offensive against child labour had intensified and expanded since the creation of the International Programme on the Elimination of Child Labour (IPEC) which operated in over 60 countries, had memoranda of understanding with 35 countries, as well as growing financial support from over 20 donors. IPEC support was broad-based and multi-faceted and included:

policy-level support to help countries put child labour on top of the agenda, among other things, through the development and implementation of national programmes of action to eliminate child labour;
direct action programmes to test and demonstrate viable strategies;
support in developing and implementing workplace monitoring systems to ensure that workplaces from which children had been withdrawn continued to remain child labour free;
social protection for the children withdrawn from work and their families; and
an improved knowledge base through special methodologies developed by the ILO Bureau of Statistics to provide statistical information. The Statistical Information and Monitoring Programme on Child Labour (SIMPOC) trained national statistical offices to design and carry out child labour surveys.

Programmes to try to eliminate child labour from particular industries were in place. The most visible examples were action in the garment industry in Bangladesh and in the soccer ball industry in Pakistan. Other programmes had just started or were about to start in Guatemala, Haiti, India, Kenya, United Republic of Tanzania, Uganda and Zambia. Programmes in the trafficking of children for purposes of labour, including prostitution, were in place in Thailand, Cambodia, the Philippines and Indonesia. A new programme was expected to start soon in the Mekong region. IPEC was also part of the UN group of agencies implementing another project against trafficking for South-East Asia. IPEC's experience with the mining sector was well documented in the Office's report for the Meeting. It included action in Peru and, hopefully, soon in Ecuador, Peru and Bolivia in small-scale gold mining to withdraw some 1,500 children from mining work, provide for their rehabilitation and create greater awareness and capacity to deal with the problem.

Experience had shown the importance of workplace monitoring and social protection measures, including non-formal education for the children, community mobilization and awareness-raising, mainstreaming of younger children into regular schools, training of adult family members in income-generating activities, and the provision of credit facilities. The cooperation of concerned manufacturers, employers, contractors and subcontractors, and even the families was crucial for the projects to be successful.

Finally, Ms. Khan underlined that the ILO's strength in addressing child labour problems was in several of its characteristics, including its tripartite structure, which lent itself to broad-based partnerships and social dialogue with governments, employers' and workers' organizations, as well as with other stakeholders; its normative framework and institutional understanding of helping governments to bring national law in line with international standards allowing them to deal with the problem from the legislative viewpoint; its technical cooperation modalities and its field structures; its research and publications base; and the ILO's mandate, standing and networking, which enabled it to bring together other international agencies, such as UNICEF and UNESCO, international organizations and governments to discuss and highlight the issues, to learn from each other's experiences and to draw strength from all bodies to solve the problems.

Towards building sustainable livelihoods
in mining communities

Ms. Beatrice Labonne explained that about two years ago, the UN Department of Economic and Social Affairs (DESA) suggested a new approach to explore the poverty reduction potential of small-scale mining, addressing mining in a holistic and multidimensional context. The assumption was that policies could be identified to capture the short-term economic opportunities of artisanal mining in order to convert some of the proceeds into more economically and socially sustainable undertakings. These undertakings, which were mutually supportive, should, in turn, lead to alternative and more sustainable livelihoods creating an environment conducive to the upscaling of the mining activity. The approach placed the emphasis on people rather than on technology and production increases.

Ms. Labonne then analysed the poverty trap resulting from a denial of choices and opportunities while living in a marginal and vulnerable environment. The major challenge in devising pro-poor policies was to interact and understand the perception of the targeted population and to gain their trust to achieve a real and lasting ownership of the development process. She also noted that, in poor artisanal mining communities, women and children contributed significantly to household income, yet they were often the main victims of poverty since their contribution was not acknowledged in economic and social terms. Furthermore, in spite of the economic significance of the small-scale mining sector, efforts so far to take advantage of the income-generating potential of artisanal mining had been far from successful. Largely unsustainable and costly approaches had often benefited a few selected groups of mining entrepreneurs at the expense of the majority of the artisans. Because the mining sector had often developed as an economic enclave in many developing countries, projects aimed at fostering this sector often had a negative impact on other economic sectors, including agriculture.

The sustainable livelihood approach was based on the following elements:

mainstreaming poverty eradication into national policy-making in all sectors, including the mineral sector;
promoting small-scale mining as a catalyst and anchor for other productive activities to stimulate the development of complementary, alternative production ventures;
placing people first through both pro-poor strategies and participatory methodologies aimed at strengthening the organizational capability of grass-roots communities; and
reversing the focus from "hands-on state intervention" to the creation of private enterprises, including for services, especially micro-enterprises or cooperatives.

According to the speaker, livelihood meant the means, activities, entitlements and assets by which people made a living. The sustainability of livelihoods became a function of how people used asset portfolios on both a short- and long-term basis. Defined more broadly, sustainability implied:

the ability to cope with and recover from shocks and stresses, such as the volatility of world mineral prices;
economic efficiency or the use of minimal inputs to generate a given amount of outputs;
ecological integrity, ensuring that livelihood activities did not irreversibly degrade natural resources within a given ecosystem; and
social equity which suggested that the promotion of livelihood opportunities for one group should not foreclose options for other groups.

Sustainable livelihood was thus the capability of people to make a living and improve their quality of life without jeopardizing the livelihood options of others, either now or in the future.

The DESA/UNDP project was firstly based on the necessity to generate alternative livelihood opportunities so that those remaining in artisanal mining could achieve a reasonable standard of living through upscaling without compromising the ability of others to achieve sustainable livelihoods. Secondly, artisanal mining was often clandestine and was not always recognized by the government. This meant that the sector was unregulated, leading to severe environmental degradation, smuggling, crime and appalling social and sanitary conditions. The influx of a large transient mining population could cause the spread of diseases such as HIV/AIDS and the Ebola virus. The project would document the natural, biological, social and physical assets of artisanal mining communities. The identification of strategies aimed at the regeneration of the natural resource base would be central to the project and it was expected that the project would propose policies to counter the lack of physical collateral by exploring the feasibility of a "micro-credit for environmental rehabilitation work" concept.

The added values of the sustainable livelihood approach were that:

it focused on community strengths and assets rather than weaknesses and needs;
it linked macro-policy to micro-reality; and
it was cross-sectoral in nature, recognizing that the livelihood systems of those living in poverty were complex and cross-sectoral.

The speaker said that traditional interventions in artisanal mining communities by development agencies had been sectoral in nature and had failed largely because they did not take into account the multidimensional and cross-sectoral nature of realities of artisanal mining communities. The sustainable livelihood approach brought to bear mechanisms which might get over these limitations by focusing implicitly on the macro-micro linkages.

The three specific objectives of the project were:

to develop an understanding of poverty in artisanal mining communities in selected African countries and the role that the sustainable livelihood approach could play in reducing poverty in these communities;
to produce a set of policy options and best practices for use by governments, IGOs and civil society at various levels that contributed to poverty reduction through:
- promoting opportunities of developing alternative, complementary and mutually supportive sustainable livelihoods; and
- upgrading/upscaling the artisanal mining sector to an economically viable activity;
to provide information on the HIV/AIDS situation in artisanal mining communities.

Ms. Labonne then described the phased project methodology including questionnaires and guidelines, identification of suitable countries, regions and mining types, data collection and analyses, reporting and recommendations. Upon completion of the project, it was expected that the results and the policy options identified would be broadly distributed in order to generate feedback and ideas on how these policies could be implemented. Finally, it might also stimulate donors and governments to increase funding to programmes in rural areas to make synergy and diversification of productive activities a reality.

World Bank activities in artisanal and small-scale mining

Mr. McMahon said the underlying philosophy of the World Bank's activities in artisanal or small-scale mining included an integrated approach aimed at poverty reduction and environmental protection, taking social and cultural concerns into consideration and seeking to regularize the sector by giving it a clearly defined legal status, identifying financing mechanisms and promoting the movement towards mechanized small-scale mining. The Bank's main concerns were the piecemeal approaches to resolving problems in the sector and the often high costs of possible solutions.

The speaker introduced a proposal for a global consultative group for artisanal and small-scale mining development on a sustainable basis. The proposal aimed to establish a mechanism for collaboration and coordination among donor programmes in artisanal and small-scale mining with a view to addressing the various issues of the subsector in a comprehensive manner. Past experience of donor involvement showed that an integrated approach was needed to tackle effectively the problems of this segment of the mining sector. In line with recommendations of previous international meetings on artisanal and small-scale mining, the World Bank and other donors had begun to practise such an approach.

Coordination of efforts could produce important benefits. First, in a time of shrinking budgets, scarce funds could be more effectively leveraged and more efficiently allocated with better coordination. Second, by working together on the complex issues facing the artisanal mining sector, donor agencies and other stakeholders could facilitate the cross-fertilization of ideas, which could lead to a greater development impact. In view of the differences in administrative requirements, it would be desirable that all assistance be coordinated through an independent body with expertise in all aspects of the subsector. This could be achieved by creating an International Consultative Group for Artisanal and Small-scale Mining (CASM), which would be responsible for developing policy guidelines, providing advice, disseminating best practices and experiences, and raising funds for project implementation. Funding for the activities of CASM would come from bilateral and multilateral donor organizations, international NGOs, private mining companies, and national governments.

The speaker gave some indications of the governance and organizational structure as well as the activities and selection criteria which would be determined by CASM as a whole. The governance would include a steering committee, a technical advisory group and a small secretariat. The steering committee could be composed of representatives of donors and other important stakeholders. It could have a rotating chair and meet at least once a year. Its duties could include: developing policies and long-term strategies; providing broad guidance for CASM activities; reviewing the overall performance of CASM as well as selected activities; and providing in-house expertise from member institutions (including ILO, UNDP, UN) when appropriate. A technical advisory group, composed of international experts with a balanced mix of regional expertise in the area of artisanal and small-scale mining, could: assist the steering committee in its functions; suggest and help in the development of specific proposals to be submitted for competitive bidding; evaluate proposals submitted to CASM for funding; and monitor the progress of accepted proposals/projects. The secretariat could comprise a full-time coordinator and a part-time assistant with its physical location being decided by the steering committee. The two main activities funded by CASM could be successful proposals submitted in an international competition, and the dissemination of the results of successful projects to other countries, including training and workshops. CASM could limit its funding to projects which were directly related to the activities of artisanal and small-scale mining. A meeting of all possible stakeholders (including ILO and UN) to discuss this proposal was planned for later in the year.

Ms. Kunanyagam gave an overview of current World Bank projects in small-scale mining in Burkina Faso, Ecuador, Ghana, Mozambique and the United Republic of Tanzania.

Discussion

An Employer member from the United States asked whether the conclusions of the present Meeting would be taken into consideration when projects were considered by the proposed consultative group and by individual organizations. The World Bank and UN representatives agreed to do so and the latter said the ILO concept was very useful since it took the problems out of the confinement of the mining industry.

A Worker member from Australia expressed his interest in the presentations but warned about the duplication of pilot projects and about reinventing the wheel. Trade unions had great expertise in vocational training and occupational safety and health. They also had access to donor funds as well as to funds from their national and international bodies and could play a role in the training of small-scale miners in these areas. He saw no reference to trade unions or organized labour among the stakeholders. The speaker also mentioned the experience of union-organized vocational training projects in another sector in India. Mr. McMahon was pleasantly surprised by the interest of organized labour in small-scale mining in developing countries and thought it should be invited to the stakeholders' meeting. Ms. Labonne sought the help of organized labour in locating unions in developing countries.

An Employer member from Nigeria sought further information about the consequences of ratification of a new Convention on child labour which could set the minimum age at 18 years. In his opinion, industrialized countries could exert pressure on developing countries to ratify and implement the Convention as part of their human rights performance. Ms. Khan emphasized that the proposed new Convention dealt with the worst forms of child labour and that not all work by young people was forbidden. The draft Convention provided for technical assistance to the children withdrawn from labour, which IPEC was already providing. Ms. Hagen (Executive Director, Social Dialogue) added that this was a new initiative to eliminate child labour abuses. There was a threshold: children should be in school until they were 15 years of age or until the minimum age for school-leaving in conformity with the provisions of the Minimum Wage Convention, 1973 (No. 138). ILO member States would supplement this minimum age approach by targeting hazardous and exploitative forms of child labour; hazardous work would have to be defined in the national context.

A Worker member from India described the problems of uncoordinated mining in his country and asked what the World Bank could do. In reply, it was said that artisanal mining was a relatively new area for the Bank which had only five or six projects at present. It had a major project on coal restructuring in India. It had to be kept in mind that the Bank only worked with specific groups at the request of the concerned government. A Worker member from Canada mentioned the lack of involvement of organized labour in negotiations on trade agreements (e.g. NAFTA) which often did not include sanctions for violations of labour rights (such as safety and health and freedom of association). The problems of child labour and women's rights should be included in such negotiations and the ILO should be involved as well. Mr. McMahon said that in recent years there has been an important increase in attention for social issues (gender, social questions) in all the World Bank's programmes.

An observer from the United Nations Economic Commission for Africa said that his organization has been active in small-scale mining for more than 20 years. It had looked at social issues such as gender, prostitution and drugs but had never really looked at child labour. It would welcome collaboration with the ILO in future to take child labour into account. He recognized that mineral resources were non-renewable and that an overall approach was needed, as well as the necessity to find solutions for sustainable livelihood "after gold". He gave some examples of duplication of effort in Ghana and the United Republic of Tanzania. He hoped that, in addition to all stakeholders, organizations like Small Mining International would be invited to the Washington meeting to set up a consultative group.

A Worker member from Australia agreed that, theoretically speaking, the concept of mining for sustainable livelihood was sound. Income earned should be used to create other employment opportunities and improve education and health. But prices, particularly of gold, were falling. Last year some 10,000 workers in the gold-mining sector were laid off as a result. The drop in gold price was due to governments selling their reserves. The World Bank panellist, however, believed that the fall in the price of gold was more a result of the South-East Asian crisis and that it might recover once it was over.

A representative of the Government of Ecuador stressed the need for continuity in projects. For example, when a World Bank project ended, another agency should take over to continue confidence building and to maintain impetus. He agreed that the underlying issue for small-scale mining was poverty and that the deteriorating economic situation made it difficult to fight child labour. Not all small-scale miners would be able to take environmental concerns, which could make small-scale mining non-viable, into account. A multidisciplinary approach was the only formula for success. The UN panellist replied that continuity had always been a concern which was taken into consideration when discussing sustainable livelihood alternatives. Because of the macro-micro approach, it would be useful to have a national steering committee led by the finance ministry, but including other ministries such labour, health and education. It could not be left to the mines ministry alone.

The representative of the Government of Bolivia commended the work done by the ILO for the Meeting and the good presentations on work in very important areas in small-scale mining. His country had many mining activities which were affected by volatile mineral prices. Many miners were getting together in cooperatives. There was a need for horizontal coordination in order to learn from best practices in other countries. For example, experience in Ecuador could be transferred to Bolivia. The World Bank speaker emphasized that it would be the key role of the CASM secretariat to adapt best practices and to disseminate them. Ms. Khan of IPEC referred to her earlier statement that lessons from experiences at various levels had to be learnt, adapted and disseminated.

An environmental approach to improving working
and living conditions in small-scale mines

Moderator:

Mr. J. Motlatsi, Worker Vice-Chairperson of the Meeting

Panellists

Mr. T. Hentschel, Projekt-Consult, MEDMIN Foundation, Swiss Agency for Development and Cooperation, La Paz
Mr. A. Parsons, Division of Technology, Industry and Environment, UNEP/IE, Paris

Mr. Hentschel showed a series of slides depicting working and living conditions in small-scale mines in Ecuador and Bolivia where the Swiss Agency for Development and Cooperation (SDC) was financing three projects on environmental protection in small-scale mines. Each of the projects was being executed by Projekt-Consult GmbH. When considering the small-scale mining environment, it was vital to take into consideration both the impact on the physical environment and the impact on the social environment. The working and living conditions of miners were such that the consequences for their health were often life-threatening. Occupational health problems included those related to the use of mercury in gold mining, general sanitary conditions, occupational diseases -- intoxications, lung and ear problems, fatigue resulting from prolonged working days -- occupational accidents, landslides and explosions. The health problems and the environmental impact of small-scale mining were the consequence of a variety of causes, including: economic limitations; lack of knowledge, education and training; inefficient technology and technical limitations; and inefficient management.

Mr. Hentschel proposed the MEDMIN approach as an example of best practice. Based on self-implementation by the miners, it provided technical assistance; it gave access to external micro-credits when necessary and provided for the leasing of equipment on a trial-and-pay-later basis. More recently, miners were requested to pay for technical assistance so that the MEDMIN Foundation could become self-supporting at the end of the project. The speaker said that the objectives of the project were to mitigate the environmental impact and to increase the level of production from small-scale mines. The foundation worked at various levels: macro with ministries and other authorities; meso with experts and local NGOs; and micro with miners, mainly in cooperatives, and their communities. All the equipment and machinery used was locally made in Bolivia. The main lessons learnt were: that the provision of technical assistance to small-scale miners on how to use more productive and environment-friendly technologies had to be selective and targeted at economically viable operations; that there had to be an integral focus encompassing environmental, organizational, social and economic issues; that it was important to guarantee economic, social and environmental benefits and create an atmosphere of trust and friendship with the miners so that there was a "win-win" option; that it was necessary to show that environmental and health protection could produce material benefits. The speaker listed a series of conditions for improved equipment and pointed out that the wide dissemination of technological changes was most effective through pilot projects.

Mr. Parsons introduced the United Nations Environment Programme which had three key roles: to monitor the world environment; to develop international consensus on responses to address priority environmental issues through international conventions; and to facilitate the implementation of these responses. He concentrated on artisanal mining -- a subsistence activity, generally minimally mechanized and carried out by very poor people. There was widespread agreement that artisanal mining caused extensive environmental damage. Environmental data, however, were based on reports dealing with specific countries and on a large collection of anecdotal data because most global studies focused on occupational safety and health aspects of artisanal mining. Environmental problems caused by artisanal mining included mercury contamination, removal of plants, destruction of forests and jungle, contamination of water, siltation, degradation of river banks and erosion. The speaker introduced the concept of environmental technology assessment -- a process in which the social and ecological impacts of a technology were examined and described with a view to making informed choices on technologies that were compatible with sustainable development. One of the driving forces behind environmental technology assessment was the need to move away from a one-dimensional approach to technology choice -- the sort of approach that solved one problem without taking into account other, potentially more serious problems that might ensue. The speaker said that environmental technology assessment could be used to evaluate new and existing technologies either being used or proposed for use in the artisanal mining sector. Because social as well as environmental implications were considered, it was an appropriate means of performing a holistic assessment in the complex area of artisanal mining.

UNEP and UNIDO had been involved in several activities to promote the training of trainers for artisanal miners. It was essential that new technology concepts be put in terms that poverty-stricken and uneducated populations could understand and feel concerned about. As far as the regulation of artisanal mining was concerned, the speaker said that, in many cases, artisanal miners operated beyond the reach of the law and that, in order to provide a sound basis for environmental, legal and fiscal management, it was essential to decriminalize and formalize their activities. An additional problem was that the mined products were frequently sold illegally. Ensuring that miners were paid near market prices was another means of bringing them into the mainstream of the economy. Governments, through appropriate organizations that had the trust of miners, had a central role to play in the transfer of new technology and training of artisanal miners in acceptable environmental management practices, such as the proper use and reuse of mercury. He underlined that artisanal mining was not just an issue for governments, international organizations and NGOs. In areas where artisanal miners worked illegally on company-owned sites, they could be a source of significant losses and of health and safety risks. They were also part of the community that mining companies were now being expected to heed. The broader public tended not to distinguish between large-scale and small-scale mining -- it was all "mining". The speaker concluded with an overview of UNEP's activities, particularly those with a focus on artisanal mining, such as the draft "Environmental guidelines for mining operations" and the development of training materials.

Discussion

An Employer member from Venezuela asked whether miners' cooperatives in Bolivia already existed and had legal status. He also wanted to know what the experience was with the control of the daily production and how profits were shared. Mr. Hentschel replied that miners' cooperatives had been in existence since the 1930s but there had been a boom in creating new cooperatives after the collapse of the state-owned tin mining company (COMIBOL) in the mid-1980s. Many miners had subsequently set up or joined cooperatives. The second question was more difficult to answer as production was always calculated on a monthly or fortnightly basis. There was a wide variety of profit-sharing systems as well as a great degree of corruption. In the last few years there had been a growing trend to transform cooperatives into enterprises.

A Worker member from Canada wondered, if child labour was caused by poverty and MEDMIN did not provide the equipment, how the miners managed to obtain money to buy the equipment. Did the foundation arrange credits or did communities provide assistance? Mr. Hentschel said it was necessary to differentiate. There was a movement from agriculture to mining because miners generally had higher incomes. Initially, gold miners were helped to find credit but they often had the money, for example, from their earnings as craftsmen. It was important to note that miners were often strangers in local communities and that there was little or no integration.

A Worker member from Colombia asked whether each cooperative was considered separately or whether there was a collective approach. In small-scale mining the environment was not always taken into account because it cost money and small-scale miners, who were not always gold miners, found it difficult to get access to credit. Considering that the project had cost about 5 million Swiss francs, how many people did it reach and how much, in view of its importance, was dedicated to training? Mr. Hentschel replied that cooperatives constituted about 90 per cent of the target group (private small mines were not interested); some 25 cooperatives with an average of 50 members were reached and provided with technical assistance. In addition, there were special training programmes on environmental issues and some 10,000-20,000 miners had become aware of the e

Government group
Chairperson:	Ms. C. Monforton (adviser and substitute, United States)
Vice-Chairperson:	Mr. M.C. Roldan (Philippines)
Secretary:	Mr. K. Nakchuen (Thailand)

Employers' group
Chairperson:	Mr. B. Wilton
Vice-Chairpersons:	Mr. J.C. Barrenechea-Calderón
	Mr. M. Falomo
	Mr. R. Fernández Aller
	Mr. F.K. Siddiqi
Secretary:	Mr. J. Dejardin (International Organization of Employers) (IOE)
assisted by:	Mr. O. Touré (IOE)

Workers' group
Chairperson:	Mr. J. Maitland
Vice-Chairpersons:	Mr. L. McBrearty
	Mr. Zhao Yongjin
Secretary:	Mr. P. Michalzik (International Federation of Chemical, Mine, Energy and General Workers' Unions) (ICEM)

Moderator:	Mr. M. Roldan, Vice-Chairperson of the Government group
Panellists:	Ms. S. Khan, International Programme on the Elimination of Child Labour, ILO, Geneva Ms. B. Labonne, Department of Economic and Social Affairs, United Nations, New York Mr. G. McMahon, World Bank, Washington, DC Ms. R. Kunanyagam, World Bank, Washington, DC

Moderator:	Mr. J. Motlatsi, Worker Vice-Chairperson of the Meeting
Panellists	Mr. T. Hentschel, Projekt-Consult, MEDMIN Foundation, Swiss Agency for Development and Cooperation, La Paz Mr. A. Parsons, Division of Technology, Industry and Environment, UNEP/IE, Paris