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THE CMSI: HIDING REAL HARMS

The Consolidated Mining Standard Initiative risks creating the appearance of responsible business practices for mining operations that in reality violate human and Indigenous Peoples’ rights, harm frontline communities, and destroy the environment. This could also open mineral purchasers, investors, governments, and consumers to risk. The Consolidated Mining Standard Initiative has already released two drafts of its standard. The final consultation draft sets a low bar for companies and does not have strong incentives for them to improve.
WHY THE CMSI FAILS
01

Vague Requirements

Standards must have rigorous, specific, clear, and measurable criteria for mining sites, companies, and the industry as a whole. This provides information that can drive effective continuous improvement. Good information also supports sound investor decisions and responsible sourcing efforts by mineral purchasers. The Consolidated Mining Standard Initiative’s draft standard is too vague to provide useful information. It makes independent, credible assessments nearly impossible.
02

Violations of Indigenous Peoples’ Rights

The draft standard does not conform with international law and norms that protect the rights of Indigenous Peoples. This includes their right to their lands, territories and resources, self-determination, and the right to give or withhold Free, Prior, and Informed Consent. Indigenous Peoples already are and will increasingly be disproportionately impacted by mining operations. Protection for their rights throughout the entire standard is needed.
03

Lowering the Bar for International Standards

The proposed draft standard does not meet the bar for best practice set by current international standards like the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct, the UN Declaration on the Rights of Indigenous Peoples, the Extractive Industries Transparency Initiative Standard, or the International Finance Corporation’s Performance Standards, among others. The UN Human Rights Office conveyed “profound concerns regarding the lack of alignment between the draft consolidated mining standards and the Guiding Principles, as well as other international human rights standards.”
04

An Inadequate Auditing Process

In addition to vague requirements that impact the quality of audits, the proposed auditing process is unlikely to deliver rigorous results. The Copper Mark will manage the auditing process, which mirrors Copper Mark’s existing assurance system, which has certified mine sites as ‘responsible’ that have ongoing community allegations of harms and without consulting with impacted communities.
05

Corporate Control

The Consolidated Mining Standard merges existing industry-led standards and its development is being mostly led by industry associations and advisors they selected to participate. Though the Consolidated Mining Standard Initiative promised a balanced multi-stakeholder board, it retains disproportionate power to the mining industry and commercial actors over rights-holders and their representatives. It also fails to allow constituents to elect their representatives to the Board, opting instead for a process controlled by industry-selected advisory groups. This lack of democratization means that Board members will not have the legitimacy to claim that they represent their stakeholders. The Consolidated Mining Standard Initiative creates an illusion of a diverse board, while in practice stacking the Board and its decision-making power in favor of corporate interests.
06

No Real Incentives for Improvement

The Consolidated Mining Standard does not require auditors to measure companies’ performance beyond the Good Practice Level. It also does not sufficiently incentivize or require companies to improve beyond the Good Practice level. This lack of accountability and limited information creates more work — rather than simplifying — for investors, mineral buyers, and other project financiers in their due diligence processes.
07

Greenwashed Claims

The Consolidated Mining Standard risks misleading investors, mineral purchasers, governments and consumers who care about buying from companies with trustworthy ESG performance. This provides no incentive for companies to improve their practices while also creating confusion for buyers who are looking for responsibly produced materials.

THE PATH FORWARD: MEANINGFUL STANDARDS AND REAL PROTECTIONS

We can win mining standards that protect Indigenous Peoples’ rights, ecosystems, and the wellbeing of communities. Companies can be held accountable to people and the environment.
Learn how