Non-Secret Contracts: Attorneys and Mining Experts Discuss Contract Transparency at Astana Conference

Issue: Research
Country: Kazakhstan
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Contracts Confidential, Kazakh translation (pdf)
ASTANA, KAZAKHSTAN--Opportunities for the disclosure of contracts in the extractive sector of Kazakhstan were the focus at an international conference attended by prominent Kazakh lawyers. The event was jointly organized by the Soros Foundation-Kazakhstan (SFK), the Revenue Watch Institute (RWI) and the International Bar Association (IBA).

The conference, "Extractive Industry Contracts Disclosure: Making Development Sustainable," brought together leading experts in the development of model mining development agreement, as part of a project implemented by the IBA.
 
"The Model Mining Development Agreement is designed to take into account the interests of governments and mining companies, but also of local communities and the society as a whole," said Mr. Luke Danielson, President of Sustainable Development Strategies Group, who was accompanied by Mr. Peter Leon, Chair of the IBA Mining Law Committee and Partner at the South African law firm Webber Wentzel.
 
Ms. Anna Alexandrova, Chair of the Executive Council, Soros Foundation-Kazakhstan, said, "Contract transparency improves the efficiency of revenue management because it builds trust between the citizens and the government and positively affects the country's business climate. Greater transparency in the extractive sector is important for sustainable development, and requires active participation from all stakeholders: the civil society, the government and the business sector."
 
Participants also discussed the 2009 RWI report Contracts Confidential (Non-Secret Contracts in the Russian translation). The report was recently translated into Russian and Kazakh by SFK and has encouraged an open discussion of issues related to contracts disclosure in Kazakhstan's extractive sector. 
 
"We studied over 150 mining industry contracts and came to the conclusion that most of the objections to contract disclosure are unwarranted," said Dr. Susan Maples, co-author of the report, representing RWI and the Columbia Law School's Sustainable International Investment Institute.

The report provides arguments in favor of contract transparency and includes a number of recommendations for enabling citizens to exercise their right of access to information without compromising the interests of the state or extractive companies.

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