Wednesday, August 13, 2008

It Happened in S Africa, why not First Nation economic empowerment?

Black firm gains De Beers stake
South African miner
Black workers are too far down the job ladder, the government says
South Africa diamond giant De Beers has announced the sale of 26% of its mining operations to a black empowerment firm.

The deal represents the biggest change to De Beers' ownership since the company's foundation in 1888.

South Africa's government has embraced black economic empowerment (BEE) as a means of giving economic as well as political power to the black majority.

Critics say the policy has only benefited a small elite of wealthy people close to the ruling ANC.

The deal announced on Tuesday appears to have been designed at least partly to address these concerns.

Not the 'usual suspects'

Ponahalo Investment Holdings, which will acquire a 26% share in De Beers Consolidated Mines (DBCM), will be 50% owned by South African-based De Beers employees and pensioners.

The shareholders include three "broad-based trusts" benefiting disadvantaged women, people with disabilities, and the communities living around DCBM mines.

"Ponahalo wants a qualitative change and, in partnership with De Beers, to bring in the value to make a change in the lives of people," Ponahalo chairman Manne Dipico said.

Mr Dipico is a prominent figure in the governing ANC party, and was formerly premier of Northern Cape province, in which De Beers' flagship Kimberley mining operations are situated.

However, Mr Dipico has not been a prominent player in previous BEE deals.

Speaking after the announcement of the sale, Minerals and Energy Minister Lindiwe Hendricks expressed satisfaction at the plans to bring benefit to communities, and also that the "usual suspects" associated with many previous BEE deals were not involved.

The government has previously accused De Beers of being slow to change.

Black Economic Empowerment (BEE) is a program launched by the South African government to redress the inequalities of Apartheid by giving previously disadvantaged groups (black Africans, Coloureds and Indians who are SA citizens) economic opportunities previously not available to them. It includes measures such as Employment Equity, skills development, reverse racism, ownership, management, socio-economic development and preferential procurement.
Rationale

After the end of Apartheid in 1994 and with the advent of majority rule, control of big business in both the public and private sectors still rested primarily in the hands of white individuals. According to Statistics South Africa, Whites comprise just under 10% of the population, meaning that most of the country's economy was controlled by a very small minority. BEE is intended to transform the economy to be representative of the demographic make-up of the country.

Early reports from MNDM Consultation in timmins

((looks like it is all happening too fast for industry, meaning they are afraid, meaning what industry fears is usually engos and first nations making gains, ))

Mining Act meeting held
Posted By KEITH LACEY, OSPREY NEWS NETWORK
Posted 7 hours ago


There were a lot of diverging opinions expressed, but one common theme agreed to by virtually everyone in attendance Monday night was the process to upgrade the province's Mining Act is taking place way too fast.

"We really need a lot more time ... our group was adamant about this," said Mike Gordon, who works for the Ministry of Northern Development and Mines. He acted as a spokesman following a roundtable discussion as Timmins hosted the first of several Mining Act public consultations Monday at the Howard Johnson Inn.

"This process is happening way too quickly."

The meeting - the only one planned near Timiskaming - was attended by 60 prospectors, developers, mining company representatives, private property owners and citizens at large.

60 Day Consultation for New Mining Act

Comment Period: 60 days: submissions may be made between August 11, 2008 and October 10, 2008.

Description of Policy:

Ontario is modernizing its Mining Act to ensure that this legislation promotes fair, balanced, sustainable development that benefits all Ontarians.

Consultations will focus on five policy issues: the mineral tenure system, including free entry, and security of investment; Aboriginal rights and interests related to mining development; regulatory processes for exploration activities on Crown land; land use planning in Ontario’s Far North as it relates to mineral exploration and development; and private rights and interests relating to mineral development.
Purpose of Policy:

By modernizing the Mining Act, Ontario will ensure that it has up-to-date mining practices that support this important industrial sector. A modernized Mining Act would also address the need to ensure appropriate consultation and accommodation of First Nation and Métis communities.

Modernization will bring the Mining Act into harmony with the values of today’s society while maintaining a framework that supports the mineral industry’s contribution to Ontario’s economy.
Other Information:

This process supports Premier Dalton McGuinty’s July 14, 2008 Far North Planning announcement.

The modernization process will build on commitments outlined in Ontario’s Mineral Development Strategy, and on input and information received during previous consultations and dialogues – including ongoing discussions regarding an Aboriginal Consultation Approach for Mineral Sector Activities, the EBR-Environmental Registry posting on surface and mineral rights issues, consultations on Ontario’s Mineral Development Strategy and preliminary discussions toward the development of a Growth Plan for Northern Ontario.

Public Consultation:

This proposal has been posted for a 60 day public review and comment period starting August 11, 2008. If you have any questions, or would like to submit your comments, please do so by October 10, 2008 to the individual listed under "Contact". Additionally, you may submit your comments on-line.

All comments received prior to October 10, 2008 will be considered as part of the decision-making process by the Ministry of Northern Development and Mines if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 010-4327.

Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.

Other Public Consultation Opportunities:

The Ministry of Northern Development and Mines will host facilitated public discussion sessions in Timmins (August 11), Sudbury (August 13), Thunder Bay (August 18), Kingston (August 28) and Toronto (September 8). Please visit www.ontario.ca/miningact for more information about the public meetings.

The public may respond to this discussion paper through the Environmental Registry or by emailing MNDM at miningact@ontario.ca. Written submissions may be mailed to MNDM’s office at:

Ministry of Northern Development and Mines
99 Wellesley Street West
Room 5630
Toronto, Ontario
M7A 1W3

All comments should be sent by October 10. The ministry plans to introduce legislation in the upcoming session and, if it is passed, new rules would be in place for later next year.

The ministry will be reaching out to First Nation and Métis communities for their input through meetings with First Nation and Métis leaders and organizations. In addition, we will provide copies of this discussion paper to all First Nation communities and Aboriginal organizations in the province, then follow up with direct invitations for input. Focused meetings for mineral sector and other stakeholders will be held in appropriate locations throughout Ontario.

For further information on the review and modernization process, please call 1-888-415-9845 or email us at miningact@ontario.ca.

KI on CPAC August 16th

http://cpac.ca/forms/index.asp?dsp=template&act=view3§ion_id=24&temp
late_id=1144&lang=e

Tuesday, August 5, 2008

Minister Bryant To Address NAN Chiefs Meeting in Constance Lake

Will he apologize to KI? Tune in to live Wawatay broadcast.

And Mining Act Reform Process Finally Begins

((First Nations need more than respect, they have have a right to say no and that right needs to be recognized by the Treaty Partner. Note the onus that is placed on companies. Companies didn't pull the trigger at Ipperwash.))

August 05, 2008

Ontario Launches Mining Act Consultations

--------------------------------------------------------------------------------


McGuinty Government Aims To Ensure Balanced, Respectful Legislation

NEWS

The Ontario government is holding a series of public and stakeholder meetings about modernizing the Mining Act.

Facilitated public and stakeholder sessions will be held in Timmins (August 11), Sudbury (August 13), Thunder Bay (August 18), Kingston (August 28) and Toronto (September 8).

These sessions are the first step in a consultation approach that will also include focused discussions with the minerals industry, municipalities and other stakeholders, First Nations and Métis leaders, as well as input from First Nations communities across Ontario. On August 11, a discussion paper will be posted for comment on the Environmental Registry and the ministry's web site.

This process will help ensure that the proposed legislation promotes fair, balanced and sustainable development that benefits all Ontarians. It supports Premier Dalton McGuinty's July 14 announcement that Ontario is going to modernize the way mining companies stake and explore their claims to be more respectful of Aboriginal communities and private land holders.

QUOTES

"A vibrant mining industry adds wealth to our economy and offers tremendous benefits for our communities," said Northern Development and Mines Minister Michael Gravelle. "We want to support that industry with a Mining Act that reflects the values of today's society."

QUICK FACTS

a.. Toronto is the world's mine financing capital. In 2006, more than 80 per cent of the global mining industry's public financings were conducted through the Toronto Stock Exchange.
b.. According to Natural Resources Canada, there are about 1,200 Aboriginal communities within 200 km of 190 producing mines and 2,100 exploration properties across Canada.
c.. The Canadian mining industry was the only industrial sector with average weekly wages above $1,000 in 2006.
LEARN MORE

Read Ontario's Mining Act
Learn about Ontario's Mineral Development Strategy
The work of the ministry's Mines and Minerals Division

Laforme Defends Owen Young after AFN Calls for His Resignation

THE WORLD AT SIX (EAST) (CBC-R), Toronto, 30 Jul 08, Reach: 528,000, Time: 18:14, Length: 00:02:21, Ref# 10556D0-8

Anchor/Reporters: BILL GILLESPIE / MAUREEN BROSNAN

CALL FOR THE RESIGNATION OF A LAWYER

BARBARA SMITH (CBC-R): Groups representing residential school survivors are calling for the resignation of a lawyer hired by the Truth and Reconciliation Commission. The Assembly of First Nations, the Nishnawbe Aski Nation and the National Residential School Survivors' Society all say Owen Young is a bad choice.
In March, Young represented the Province of Ontario in a case against aboriginal people opposing mineral exploration. During their sentencing, he urged the judge to impose a financial penalty that hurts. That comment has First Nations leaders saying his presence will taint the work of the commission. Karen Pauls reports.

KAREN PAULS (CBC Reporter): Alvin Fiddler is the Deputy Grand Chief of a group which represents 49 First Nations in Ontario. He says the Truth and Reconciliation Commission should let Owen Young go, to protect its own mandate.

ALVIN FIDDLER (Deputy Grand Chief of Nishnawbe Aski Nation): A lot of people, I think, have high hopes, especially those survivors who have waited a long time to tell their story. But I think, you know, based on what's happened, you know, there has to be some... some corrective action taken first.

PAULS: Mike Cachagee agrees. He represents the National Residential School Survivors' Society.

MIKE CACHAGEE (President, National Residential School Survivors' Society): I have a saying, you can't suck and blow at the same time. You can't call from the rooftops about crime and punishment and then say we're going to talk about reconciliation after the fact. I've got a lot of respect for Justice LaForme, you know. But I think of all the counsel that was available in Canada, he could have found someone else who is less contentious.

PAULS: Still, the head of the Truth and Reconciliation Commission is defending his decision to hire Young as a legal counsel. Justice Harry Laforme says Young's comment is being taken out of context unfairly because for much of his career he has defended aboriginal people.

HARRY LAFORME (Head of the Truth and Reconciliation Commission): I would simply say trust my judgement and wait for the results of what we do as a commission because I fought long and hard about the right person for this job. And I believed it was Owen Young.

PAULS: Two weeks ago, the Assembly of First Nations unanimously passed a resolution urging the commission to reconsider its choice. LaForme says he's waiting for a formal request from the AFN before deciding how to respond. Alvin Fiddler hopes Young will take action before then.

FIDDLER: If he's an honourable man and by all accounts he is then do the right thing and step down from the commission.

PAULS: Owen Young could not be reached for comment. Karen Pauls, CBC News, Winnipeg.
*****

WORDS: 458 Transcript Order: 107561 Id: 10556D0-8 Sent: 01 Aug 08 09:24AM