• 5.2 While Newmont has a policy at the corporate level, Surgold has not developed a clear strategy for operationalizing its recognition of indigenous and tribal peoples’ human rights, including land and resource rights. Working at the interface of large and small-scale mining Newmont is actively engaged on several complex issues associated with the widespread occurrence of informal mining in the region. At the time of writing, the company was finalizing a comprehensive strategy on artisanal and small-scale mining, and updating its environmental baseline to assess the impact of informal mining on the local ecosystem, including water quality and the prevalence of mercury. The company is working with a local expert to develop mercury-free small-scale mining technologies. The company is also in discussion with a civil society group and an international agency to help address these issues. 43 While Newmont is engaged on the environmental dimensions of informal mining, the Panel notes a number of gaps in the company’s understanding of the social and human rights dimensions of these activities. These gaps are contemplated below and primarily relate to land and resource rights, and the Pamaka’s status as customary landowners. Landowners in Suriname are entitled to compensation and restoration for loss of land for resource development. As Maroon and indigenous peoples are not formally recognized by the state as holding collective property rights, the Pamaka were not compensated for the economic loss associated with restricting their access to informal mining areas when the government dispossessed them of their land. Nor were individuals compensated for the economic loss that they may have suffered when they were involuntarily displaced. The company’s incomplete knowledge about land relations and associated livelihoods has a significant bearing on its understanding of the social impact of land dispossession and displacement of the Pamaka, and others, from Gowtu Bergi and other customary land holdings. For example, Newmont does not hold comprehensive data on: • • • • • how many of those evicted in 2011 were Maroon, and from which tribe which groups held customary ownership over Gowtu Bergi at the time of the eviction who was exercising traditional land use rights at the time of the eviction the nature of those rights including lease arrangements, rents and remittance arrangements the nature of the relationships established between landowners and in-migrants 43 Surgold stated that it is working with Stiching UNASAT on mercury-free technology, as well as engaging with the Artisanal Gold Council to explore opportunities to pilot different approaches in this context. The company also indicated that work is ongoing with Conservation International to consider biodiversity offset options to regenerate growth in areas disturbed and contaminated by artisanal and small-scale mining. 19

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