Managing Human Rights and Sustainable Development - Effective Corporate-Community Relationships

This paper identifies the challenges and opportunities for mining companies and communities in investing in human rights compatible, credible, effective and representative company-community relationships.   The paper draws on the work of Professor John Ruggie, Special Representative to the United Nations Secretary General on Business and Human Rights, and his Protect, Respect and Remedy framework for business and human rights, The CDA Collaborative Learning Project, and the experience of Oxfam Australia. This paper begins with the premise that Australian companies commence operations offshore with high expectations and a willingness to work harmoniously with local communities. However, as companies increasingly engage in global operations - particularly in weak governance and conflict zones - the challenge to establish and sustain rights compatible, meaningful, corporate community relationships and grievances mechanisms becomes both more complex and necessary. Establishing trust and honouring commitments made to communities, including legacy issues, is a critical component in good corporate community relations.   The second part of the paper will identify some of the impacts and challenges of mining that need to be addressed in corporate community negotiations and consultation. Respect for indigenous people's rights and their right to give or withhold consent for a project to proceed is increasingly evident, as is the growing global expectations with regard to revenue transparency. As such, key challenges include: grievance mechanisms; free prior and informed consent; transparency and accountability; the gender impact of mining; resettlement, compensation and benefit sharing; and security issues.   Finally, the paper will provide practical guidance to companies on how to establish effective corporate community relationships. It will include examples, such as human rights impact assessments, gender impact assessments, and establishing local level grievance procedures. The paper will include an Oxfam Australia case study of a dialogue mechanism at Tintaya copper mine in Peru.