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Enforcing the Rules

  • Briefing

  • 9 November 2011

In many countries rich in minerals, mining deals between industry and government have failed to deliver the benefits citizens expect—not only because of bad contracts but also because governments and civil society fail to effectively monitor and enforce company compliance with the terms of good contracts.

Recent years have brought significant improvements in industry and government transparency, national mining laws and contracts, but monitoring remains the only way to determine whether the deals struck with companies reflect what is being implemented on the ground. Many developing countries with weak regulatory systems lack the capacity or political will to ensure that company obligations are enforced. The result can be losses of billions of dollars to tax evasion and fraud, and harm to workers, the environment and social peace.

Enforcing the Rules: Government and Citizen Oversight of Mining, by Erin Smith with Peter Rosenblum, examines the gaps in effective monitoring of mining obligations, identifies good practices and proposes practical avenues for improvement.