• • the nature and composition of the informal mining economy, and the associated impact on livelihoods of Pamaka, members of other Maroon tribes, and others the effect on individuals, households, and the Pamaka more broadly of losing access to Gowtu Bergi and other customary land holdings. During its visit to Merian, the Panel learned that Newmont was considering a livelihood restoration program to address the economic displacement of Pamaka from their traditional lands. However, in the absence of knowledge of customary land tenure and livelihood systems, the company cannot make informed planning decisions. Conducting livelihood restoration without an empirical or evidence-based understanding of the practicalities of past loss means that future interventions may be ineffective, or even inappropriate. Furthermore, without accurate social data, Newmont will be unable to assess whether its livelihood programs have any restorative effect. Also missing from the company’s institutional knowledge base is an understanding of the land tenure arrangements associated with the alternative informal mining sites. Newmont is actively assessing alternative sites on the basis of mineralization. Information about land tenure is essential to avoid disrupting the land and resource rights of other groups, and to avoid generating conflict within and/or between tribes, clans and sub-clans. Summary points • The Panel observed widespread and significant adverse environmental impacts from informal mining in the project area, including landscape degradation and river siltation. • The Panel notes a number of gaps in the company’s understanding of the social and human rights dimensions relating to the Pamaka’s and other Maroon tribes’ land and resource rights, and their status as customary landowners. • Newmont is working to address some of the environmental dimensions of informal mining in the project area. 5.3 Building the social knowledge base The Panel observes that the social knowledge base for Merian is not sufficient. The site was unable to furnish the Panel with a comprehensive characterization of the social context, including studies describing the Pamaka’s kinship structure, their multiple points of connection to land, their collective livelihood systems, or the processes for determining and allocating entitlements with the Pamaka’s customary land tenure system. 44 A basic household survey was undertaken in 2011 for the purposes of project approval. This data source is not in active use and has not been supplemented or updated. In the absence of 44 The Panel notes that there are often confidentiality issues to navigate in commissioning studies of this nature. Companies must respect that some information cannot be shared, such as sacred knowledge and information relating to particular customary matters. 20

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