Getting the human rights
impact assessment right
Next Generation Consultants
Case Study: BHP Billiton
• Country Risk
• Legal and organisational
• Stakeholder Engagement
• Community Relations
• Impact (Low, Medium,
• Risk (Low, Medium, High)
•Local (South Africa)
•Self Assessment Tools
functions and specific
•Internal and External
•Failure to Respect
Specific Assessment Aspects
Geographic Assessment Industry AssessmentCountry Risk Assessment
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.
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
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
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.
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
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
Company Compliance Assessment
Global and Local Company
• 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
Mining and Metals Sector
GRI G4 reporting
GRI Mining and
Human Rights Compliance Assessment Process
United Nations Global Compact Limited Compliance
United Nations Declaration on Human Rights Compliant
Voluntary Principles on Security and Human Rights Limited
IFC Standard 5: Land Acquisition and Voluntary Settlement Compliant
Impact and Risk Assessment
Internal and External Stakeholder
Human Rights (Society) Detailed Scoring
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
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
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
Human Rights Management Plan
• Global Companies
• Industry Specific Companies
Management of human rights at BHP Billiton Manganese South Africa
Resources Appointment of dedicated resources to assume responsibility for developing a
local Human Rights Strategy and Policy (aligned to the global BHP Billiton
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.
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 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.
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.
• Thank You
• Please note this presentation is part of
a larger body of knowledge and
• For more information regarding this
case study and other please see our
website @ www.nextgeneration.co.za