Ryerson University
Toronto, Ontario
May 8, 2014
A Canadian Industry View on
Putting the Guiding Principles on Business and
Human Rights to Work
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ABOUT MAC
The national voice of the mining industry in Canada:
• Advocacy - to advance
the business of mining
• TSM Initiative –
stewardship and social
license
• 38 members in iron ore,
gold, diamonds, oil
sands, met-coal, base
metals, uranium
• 50+ members in
engineering,
environment, finance
• Members engaged in
exploration, mining,
smelting, semi-fabrication, supply
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Industry Impressions
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Below is a list of different organizations and businesses in Canada. For each one, please tell me if you have a very favourable, somewhat favourable, somewhat unfavourable, or very unfavourable impression.
12%
8%
12%
13%
17%
19%
23%
44%
49%
49%
54%
59%
59%
59%
31%
36%
28%
27%
20%
20%
16%
13%
7%
11%
5%
4%
3%
3%
0% 20% 40% 60% 80% 100%
Oil companies
Mining companies in other parts of the world
Pipeline companies
CDN mining companies in other parts of the world
Mining companies operating in Canada
Forest products companies
Canadian owned mining companies
Very favourable Somewhat favourable Somewhat unfavourable Very unfavourable
+8%
+6%
+11%
NA
+2%
+10%
+5%
% change
(Favourable)
Base n = 1,010
Who are communities of interest and what do
they expect?
Local communities
Respect
Inclusion in decision making
processes
Direct economic benefits
Protection of natural
resources (water)
Good practices with social
issues
Investors
Better anticipation and management of
risks
Enhanced ability to
address change
Enhanced operational efficiencies
Make a profit and return on
investment
Regulators
Fulfillment of regulatory
requirements
Fulfillment of permitting conditions
Robust social license to operate
Economic benefits (jobs,
taxes, royalties)
Civil society
Ethical conduct
Respect to human rights
and indigenous peoples rights
Environmental protection
Contribution to sustainable
development
General public
Ethical businesses
Contribution to the national and local economies
Employment
Mining is
destructive
Job
opportunities?
Respect?
Consultation and
inclusion?
Transparency?
Our Rights?
Better quality
of life?
Water
protection and
conservation?
Commitments
from the
company?
Contamination?
Sicknesses?
Mining brings
contamination
Look what
happens when
you allow
companies to
come to your
area.
Human rights
abuses
Communities
have the right to
say NO to
mining
Realities on the Ground?
Challenges:
Environmental
Social
Security
Other
Rights Based Discourse
Path Forward:
Resolution/ Mitigation/ Solution
Restoring Rights
How do communities and
companies effectively move
towards the path forward?
With meaningful engagement and action, can projects
advance directly from challenges to solutions?
How do conflicting rights get
prioritized and reconciled?
Who makes such determinations?
UN Guiding Principles on Business & Human Rights:
Operating Within a Rights Based Discourse
UN Guiding Principles on Business & Human Rights:
Operationalizing Respect Pillar
• Advancing practice requires understanding of how to operationalize and
measure action at the mine site level
• The mining industry is working on many fronts with many partners to
translate Respect pillar into demonstrable action at the mine site and
community level:
• Human rights risk assessment methodologies
• Human rights due diligence
• Stakeholder engagement practices
• Environmental standards
• Transparency of payments to governments
• Other
Site Local National International
Site-Level Community Response Mechanism
National mediation (non-judicial
National court (judicial)
Community dialogue (non-judicial)
Community dialogue (non-judicial)
Community mediation (non-judicial)
Community court (judicial)
Home country mediation e.g., CSR Counsellor (non-judicial)
International mediation e.g., OECD NCP (non-judicial)
Home country court (judicial)
Employee/labour relations (internal)
Ethics hotline (internal)
Whistleblower (internal)
UN Guiding Principles on Business & Human Rights:
Remedy – Spectrum of Mechanisms
Towards Sustainable Mining
Established in 2004, TSM’s main objective
is to enable mining companies to meet
society’s needs for minerals, metals and
energy products in the most socially,
economically and environmentally
responsible way. The program’s core
strengths are:
• Accountability – Mandatory for all
members to report at the facility level
• Transparency – Annual reporting
against 23 indicators with independent
verification
• Credibility – Includes ongoing
consultation with a national Community
of Interest Advisory panel to improve
industry performance and shape TSM
for continual advancement 9
Environmental Stewardship
Tailings Management
Biodiversity Conservation Management
Energy Efficiency
Energy Use & Greenhouse Gas Emissions Management
Communities and People
Aboriginal & Community Outreach
Safety & Heath Management
Crisis Management
Community of Interest Advisory Panel
Components of TSM: Focus Areas and Protocols
Public Reporting • Publication of results
• company specific
• aggregated for the membership as a
whole
• On website (www.mining.ca)
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Industry
Associations IGF Devonshire
Initiative
Government of
Canada (DFATD
& NRCan)
Civil Society
Organizations OECD
CIIEID Extractive Sector
CSR Counsellor Center for
Excellence
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FOR MORE INFORMATION
PLEASE CONTACT:
Ben Chalmers
Vice President, Sustainable
Development
www.mining.ca
Follow us on Twitter:
@theminingstory
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