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Getting the human rights impact assessment right

Outcomes and case study of due diligence processes for human rights impact assessments

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Getting the human rights impact assessment right

  1. 1. Getting the human rights impact assessment right Reana Rossouw Next Generation Consultants
  2. 2. Case Study: BHP Billiton Compliance Assessment • Country Risk • Legal and organisational Frameworks Impact/Risk Assessment • Stakeholder Engagement • Community Relations Projects Impact Assessment Outcomes • Impact (Low, Medium, High) • Risk (Low, Medium, High) • Recommendations: Human Rights Management Plan
  3. 3. The Process Country Risk Assessment •Global •Local (South Africa) •Industry specific Compliance Assessment •Institutional Frameworks •Self Assessment Tools regarding internal management functions and specific human rights practices Impact/Risk Assessment •Internal and External Stakeholders views, perceptions and awareness Tests •Violation •Infringement •Failure to Respect •Respect •Enhancement/ Improvement Outcomes •Recommendation for Enhancement / Improvement •Human Rights Management Plan
  4. 4. The Outcome
  5. 5. Specific Assessment Aspects Geographic Assessment Industry AssessmentCountry Risk Assessment Human Rights Aspect Case studies/Examples: Right to housing A mine relocates people from their homes and land. The resettlement process occurs without adequate consultation and results in poorer housing conditions post-relocation. Population influx resulting from a mining project drives up the price of local housing, forcing poorer members of a community to move into substandard dwellings. Right to health A mining operation exposes local communities to hazardous materials. Influx of construction workers contributes to the spread of STIs (sexually transmitted infections) in the local community. Population influx from a mining project places pressure on existing local health facilities and negatively impacts local access to services. Right to education A mine development causes the relocation or destruction of a local school, or entails resettlement of communities to a location without adequate educational facilities. Local teachers seek higher paying jobs in mining and local schools are left under staffed. Right to an adequate standard of living Mining activities restrict or prevent people’s access to land used for subsistence livelihoods, affecting their food security. Disruption of natural water flows means that people are no longer able to irrigate crops or grow enough food for their needs. Artisanal small-scale mining is prohibited by a company or government affecting local traditional livelihoods. Right to participate in cultural life Mining activities lead to the destruction or loss of access to a significant cultural heritage. Mining operations significantly impede traditional or cultural ways of living. Unplanned in-migration leads to the decline of important cultural heritage practices. Right to security of person Public or private security personnel use excessive force while evicting illegal small-scale miners from the site or in breaking up community protests. Unplanned in-migration leads to law and order issues in the community. Influx of contract workers causes an increase in crime and risk of violence against women and children. Right to freedom of opinion and Government representatives and/or security forces present at company-held consultation meetings inhibit free expression by the community A company discourages local media from publishing an unfavourable article regarding mining
  6. 6. Company Compliance Assessment Company Policy Global and Local Company Commitment • BHP Billiton respect and promotes fundamental human rights and the value of cultural heritage. BHP Billiton is committed to operating in accordance with the following voluntary standards: • UN Declaration of Human Rights • The United Nations Global Compact • The Voluntary Principles on Security and Human Rights • International Finance Corporation Performance Standard 5: Land Acquisition and Involuntary Resettlement • International Council for Metals and Mining (ICMM) • GRI Reporting Guidelines including Sector Supplements 80 international Human Rights Instruments Mining and Metals Sector Industry Standards ICMM requirements GRI G4 reporting requirements GRI Mining and Metals reporting Sector Supplement Employment Practices Community Impact Supply Chain Managemen t Company Policy Company Procedures Company Performance Human Rights Compliance Assessment Process Findings Standard Compliance United Nations Global Compact Limited Compliance United Nations Declaration on Human Rights Compliant ICMM Limited GRI Limited Voluntary Principles on Security and Human Rights Limited IFC Standard 5: Land Acquisition and Voluntary Settlement Compliant
  7. 7. Impact and Risk Assessment Internal and External Stakeholder Perceptions Human Rights (Society) Detailed Scoring Question Rating BHPBMSA makes you feel proud to have them in your community 3.10 BHPBMSA assists with the fight against HIV/AIDS 3.10 BHPBMSA does not discriminate in any way 2.89 BHPBMSA complies with laws and legislation in South Africa 2.86 BHPBMSA is an ethical/honest company 2.84 BHPBMSA does not have forced and compulsory labour / child labour practices 2.84 BHPBMSA allows freedom of association and collective bargaining 2.74 BHPBMSA ensures that its associates and business partners are not involved in any practices that could be constituted as unfair, corrupt, unethical or in breach of human rights aspects 2.52 BHPBMSA involves the local community in all aspects affecting them 2.49 BHPBMSA does not engage in corruption, extortion and bribery 2.43 BHPBMSA honours the land, passage, and usage rights of local or indigenous peoples on company-controlled land 2.39 Overall Rating 2.75 Summary of Findings •Risk - Medium •Impact - Medium Human Rights Country Risk Assessment •Risk - High •Impact - High Human Rights Compliance Assessment •Risk - Low •Impact - Low Human Rights Risk Assessment - Internal Stakeholders •Risk - Medium •Impact - Medium Human Rights Impact Assessment - External Stakeholders
  8. 8. Human Rights Management Plan Benchmark • Global Companies • Industry Specific Companies GAP Analysis Management of human rights at BHP Billiton Manganese South Africa Resources Resources Appointment of dedicated resources to assume responsibility for developing a local Human Rights Strategy and Policy (aligned to the global BHP Billiton Policy). Training The development of a training and awareness campaign aimed at educating internal stakeholders (management, employees, contractors, security personnel) on aspects of human rights. Awareness The development of an awareness, educational and compliance campaign aimed at external stakeholders (suppliers, business partners, unions, community members) on aspects of human rights. Management Processes Development of internal processes and systems to implement and monitor human rights practices across the business, operations and functions. Alignment Ensure the alignment of local human rights management practice to international, country, industry standards, guidelines and frameworks. Monitoring Monitor the grievance and complaints’ mechanisms to ensure effective management of human rights risks and impacts. Communication Communication Regularly communicate with both internal and external stakeholders regarding the progress, impacts and risks pertaining to human rights aspects – integrate feedback into existing stakeholder forums – aimed at both internal and external stakeholders. Reporting Measure, evaluate, assess progress of human rights aspects across the business (locally) and integrate with global reporting processes. Integrate and Align Ensure that human rights aspects are included in all company relationships and processes across operational functions – and monitor performance across the supply and value chain.
  9. 9. Reana Rossouw rrossouw@nextgeneration.co.za • Thank You • Questions • Please note this presentation is part of a larger body of knowledge and research. • For more information regarding this case study and other please see our website @ www.nextgeneration.co.za

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