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State of the Art and Challenges Human Rights Impact Assessment of Mines and Infrastructure Mark Wielga, Nomogaia
I. Public and Private HRIA Public Action Private Action Examples: Mines, oil and gas fields, plantations, factories Covers the corporate duty to respect human rights Covers specially affected groups and specific impacts of corporate operations • Examples: Trade Agreements, Government Programs • Covers the government duty to protect, respect and fulfill human rights • Covers specially affected groups and broad societal impacts
Human Rights Impact Assessment of Corporate Action • Norm: United Nations Guiding Principles on Business and Human Rights (2011) • Requires companies to act with “due diligence” • HRIA is a form of due diligence • Many transnational companies now attempting to do HRIAs
Problems with the current state of corporate HRIA • Not public • No standard method • No established expertise inside the company • No established expertise among consultants • Little guidance in the academic literature
II. Mine HRIA Example Paladin’s Kayelekera Uranium Mine in Malawi
KAYELEKERA Open Pit Uranium Mine Operator Paladin (Africa) Ltd. Owned: 85% Paladin Resources Ltd. (Australia) 15% Government of Malawi
Kayelekera: Project, Context and Company Project (medium size open pit uranium mine and mill) Context (Northern Malawi: sparse poor rural population, weak infrastructure) Company (Paladin: Australia based medium size company, good policies and short track record)
Ratings -12 to -25 -0.5 to -12 0.5 to 12 12 to 25
Kayelekera: Example of Human Rights Impact Ratings HIV/Aids:There will be a significant increase in rates without strenuous additional efforts. (Strong Negative) Water Quality:Negative impacts on water downstream. (Negative, but may be mitigated or offset by multi-million dollar water treatment system) Discrimination: Hiring is of men from Southern Malawi - no efforts to recruit or train locals or women. (Negative) Food: No significant productive land lost to project. Project sources food locally. Increase in local demand has inflated prices for consumers and farmers. (Mixed) Labor standards: Safe healthy work environment. (Strong Positive) Standard of Living:For many employees significantly increased. (Strong Positive)
III. Infrastructure HRIAs • Need a different methodology from large footprint corporate HRIAs to consider systematic impacts • Need to consider human right duties of companies and governments
Example of Human Rights Analysis of an Infrastructure Project: Disi Conveyance Project
Infrastructure HRIA: A Hybrid • Needs to measure the systematic human rights impacts: increased water use in a water stressed country or subsidy for large agriculture? • Needs to measure direct effects of footprint: land use changes, people are displaced • Both are relevant to development
Conclusions HRIA of Corporate Projects • Still in its infancy • Need for a leading methodology • Need for transparency, criticism, improvement HRIA of Infrastructure Projects • Just beginning • Methodology must consider footprint and system effects