Green Economy Journal Issue 56

MINING
MINING
Project funders looking at
HUMAN RIGHTS in due diligence
In this context, lenders are much more aware of human rights-related
risks that project developers must carefully analyse and mitigate.
A key aspect of identifying and addressing these risks is stakeholder
engagement. This is seen, for instance, in the Global Industry Standards
on Tailings Management (GISTM), which was fast-tracked in response
to the catastrophic tailings dam failure in Brumadinho, Brazil in 2019.
ENGAGEMENT
The GISTM prioritises that mining companies respect the rights of
project-affected people by meaningfully engaging them at all phases
of the tailing facility life cycle. Engagement with communities and other
stakeholders is now a vital element of the human rights agenda.
Preparation for mine closure is another area that demands
extensive engagement with stakeholders. The mining sector has built
considerable capacity in the environmental field, to deal with closure.
This is not matched on the social front – with many projects struggling
with more abstract social impacts and focusing on purely technical
considerations.Communities are often dependent on mining activities
for employment, services and a market for local businesses. With mines
historically falling into the trap of industrial paternalism, they tend to
provide mine employees with services such as housing and health care
but are still wrestling with how best to create sustainable communities
beyond the life-of-mine.
VULNERABILITY
Aspects like gender equality are gaining importance in the
sustainability space. These concerns relate, for instance, to the reality
of women often having less secure land rights. This makes them
particularly vulnerable to land grabs, eviction and dispossession
that are still associated with some large-scale developments in the
extractives and agricultural sectors.
Any injustices in the treatment of project-affected people can raise
warning flags about the project’s lack of sustainability – or at least
certain strategic weaknesses. These are, of course, of great concern to
everyone who wants the project to succeed, including funders – for
whom there are considerable financial interests at stake.
This focus on human rights
extends beyond the operational realm.
context. Not only should this include a policy commitment to meet
their responsibility to respect human rights; it should also contain a
due diligence process to identify, prevent, mitigate and account for
how they address their impacts on human rights. Further, there should
be processes in place to remediate adverse human rights impacts.
This focus on human rights extends beyond the operational realm
into the project’s entire upstream and downstream supply chain – and
into aspects such as responsible sourcing. In Europe, the RE-SOURCING
initiative is already paving the way for a common understanding about
responsible sourcing between mineral producers and their Europebased
customers.
SRK is integrally involved in this project, which arises from decades
of global concern about issues like child labour, slavery and unethical
behaviour in the mineral supply chain. The RE-SOURCING project works
to promote both strategic agenda setting and a coherent application of
practices for responsible sourcing.
Minerals like cobalt, for instance, are increasingly important to the
future of battery and renewable technology. At the same time, there
are concerns about human rights in the artisanal mining sectors of
countries like the Democratic Republic of Congo – where much of the
world’s cobalt is mined.
With the eyes of the public and authorities focused intensely on
mining for many reasons, the industry will need to develop systematic
and credible strategies to address human rights risks. The most effective
approaches will begin early in the project life cycle and be carried
forward to post-closure phases.
The question of human rights has become a risk increasingly under scrutiny by financial institutions
when they conduct their due diligence on prospective project investments.
BY SRK CONSULTING*
Any injustices in the treatment
of project-affected people can raise
warning flags about the project’s
lack of sustainability.
This is hardly surprising, given that over a decade has already
passed since the UN Guiding Principles on Business and
Human Rights was ratified. However, for many companies
seeking finance for their mining and other industrial projects, this
focus presents a new set of potentially complex requirements.
The issue has moved beyond a general concern with how the private
sector upholds human rights as part of its environmental, social
and governance (ESG) commitment. Today, many financiers want
applicants to pinpoint the detailed risks associated with human rights.
They will expect a much more concerted focus on these issues in due
diligence studies and impact assessments – alongside the potential
consequences and mitigating responses. As SRK, the studies we
conduct often require a “deep dive” into the question of human rights.
BASIC NEEDS
A human rights focus is not new to environmental and social impact
assessments (ESIAs), and people’s rights have in many ways always
been embedded in our work as ESIA practitioners. Our investigations
of environmental impacts such as water quality, air emissions or noise
pollution consider how these will impact people’s health and basic
needs – essentially their rights.
More recently, financial institutions will often require SRK to include
an in-depth assessment of human rights impacts within a due diligence
or other study or review. A growing concern is the reputational risk
related to borrowers’ non-compliance with key industry benchmarks
like the UN’s Guiding Principles and the International Finance
Corporation (IFC) performance standards.
MOBILISED
Society has mobilised increasingly around human rights, environmental
compliance, labour practice and anti-corruption measures. This has
raised the potential for stakeholder concerns to boil over into the
serious disruption and delays, and even collapse of projects.
Vassie Maharaj, a director, partner and principal consultant and Vidette
Bester, senior social scientist at SRK Consulting.
SUITABLE POLICIES
The UN’s Guiding Principles demand that business enterprises should
have the right policies and processes in place, to suit their size and
* Article written by Vassie Maharaj and Dr Vidette Bester, SRK Consulting.
28
29