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  • What standards and criteria will the HRIA apply? Part 3: Human Rights Impact Assessment of Baffinland's Mary River Project

    uploaded by: Lloyd Lipsett

    channel: Lloyd Lipsett Human Rights

    What standards and criteria will the HRIA apply? Part 3: Human Rights Impact Assessment (HRIA) of Baffinland's Mary River Project, May 17, 2012 (Download complete PDF at left)
    International human rights law
    The overall normative framework for the HRIA is defined by the UN Guiding Principles on Business and Human Rights. This is the most authoritative international policy statement about business human rights, which was unanimously welcomed by the UN Human Rights Council in June 2011. It is built upon the “Protect, Respect and Remedy” framework that explains that: States have the primary responsibility to protect human rights, including in relation to the activities of business enterprises; companies have a responsibility to respect human rights though a process of on-going due diligence that is appropriate for each business’ operational context; and, a shared responsibility of States and companies to provide access to remedies for corporate abuses of human rights.
    Additional information about the UN Guiding Principles on Business and Human Rights can be found at: http://www.business-humanrights.org/Documents/UNGuidingPrinciples3
    Furthermore, the HRIA will look at the various international human rights obligations of Canada4 and their implementation in federal and territorial laws and regulations that are relevant to the mining industry, including labour and environmental laws and various government programmes and social protections. In the context of Nunavut, the Nunavut Lands Claim Agreement will be given significant attention as a modern lands claim agreement that has a number of important elements that contribute to the protection of the rights of Inuit.
    Human rights compliance and impact assessment tools
    In assessing whether different duty-bearers (State and company) are meeting their obligations and responsibilities for human rights, the HRIA will use internationally- accepted questions and indicators to guide the assessment. Based on professional experience, the HRIA team will customize a list of the most relevant question of questions and indicators for the Mary River project from the following assessment to tools:
    • Danish Institute for Human Rights Human Rights Compliance Assessment (Quick Check Version) - http://www.humanrightsbusiness.org/files/HRCA%20QC/quick_check_august_2006. pdf
    • Rights & Democracy “Getting it Right: Human Rights Impact Assessment Guide” -
    http://www.dd-rd.ca/hria/en/
    • International Finance Corporation, “Guide to Human Rights Impact Assessment and Management” - http://www.guidetohriam.org/app/images/documents/Guide%20to%20HRIAM%20bo oklet%20English.pdf
    The questions and indicators, and assessment criteria in these guides, will assist the HRIA team to develop the interview guides and research agenda for the information- gathering stage of the assessment. They will also guide the analysis, findings and recommendations of the HRIA report.
    Good practice policies and guidance for the mining industry
    To assist in making the human rights analysis as relevant and focused on the operational context of the mining industry, additional good practice policies and guidance will also be referenced to compare some of the things that leading companies are doing to address human rights. These include:
    • International Council of Mining and Metals (ICMM)’s guidance and policies on business and human rights.5
    • International multi-stakeholder initiatives related to human rights in the extractive industry, including the Voluntary Principles on Security and Human Rights6 and the Extractive Industry Transparency Initiative.7
    • International policies and standards related to corporate social responsibility and human rights, including the OECD Guidelines on Multinational Enterprises and the International Finance Corporation’s Performance Standards.
    • Canadian policies and standards relevant to the mining sector, including the Mining Association of Canada’s “Towards Sustainable Mining”; the Prospector and Developer’s Association of Canada, “E3 Plus: A Framework for Responsible Exploration,” and the Government of Canada’s international CSR strategy, “Building the Canadian Advantage: A Corporate Social Responsibility Strategy for the Canadian International Extractive Sector.”

    uploaded date: 26-05-2012

  • About HRIA

    uploaded by: Gabriela Gamez

    This website presents the Human Rights Impact Assessment (HRIA) of the Mary River Mine in Nunavut, Canada owned by the Baffinland Iron Mine Corporation (Baffinland).

    The HRIA was undertaken by Lloyd Lipsett in collaboration with IsumaTV’s Digital Indigenous Democracy project and has the following objectives:

    uploaded date: 18-06-2013

  • Access to Remedies – Summary

    uploaded by: Gabriela Gamez

    The government and Baffinland must provide access to remedies for employees and community members whose human rights have been harmed by the Mary River Mine. There are many different mechanisms for individuals and groups to raise their concerns, but the best ones should operate at the mine site and community level and resolve issues through dialogue or mediation.

    uploaded date: 05-07-2013

  • Human Rights and Communities – Summary

    uploaded by: Gabriela Gamez

    The Baffinland company will make a number of direct and indirect contributions to the Inuit communities through taxes, royalties, impact benefit payments and voluntary contributions to social programmes.

    uploaded date: 05-07-2013

  • Human Rights and the Baffinland Iron Mines Corporation – Summary

    uploaded by: Gabriela Gamez

    International standards require companies to respect human rights. This implies having a human rights policy, an on-going process to prevent adverse impacts on human rights, and an effective operational-level grievance mechanism. Many leading mining companies and industry associations have begun to develop detailed human rights policies and procedures.

    uploaded date: 21-06-2013

  • Human Rights and the Environment – Summary

    uploaded by: Gabriela Gamez

    The history, culture, traditional activities and livelihoods of Inuit are intimately connected with the environment and wildlife. In general, there is uncertainty and concern about the Arctic environment as a result of climate change.

    uploaded date: 05-07-2013

  • Human Rights in Canada – Summary

    uploaded by: Gabriela Gamez

    The assessment of the human rights situation for the Mary River mine begins with a review of how government protects human rights in Canada. According to the UN Guiding Principles on Business and Human Rights, governments must protect against human rights abuse within their territory, including by companies.

    uploaded date: 05-07-2013

  • Inuit Rights to Consultation and Consent – Summary

    uploaded by: Gabriela Gamez

    On-going consultation with Inuit and other stakeholders is a critical component of respecting human rights. The concept of Free, Prior and Informed Consent (FPIC) has not been formally recognized in Canadian law or in the corporate policies of Baffinland and its parent companies. However, there is a strong legal framework for consultation with Inuit in Nunavut.

    uploaded date: 05-07-2013

  • Lloyd Lipsett Human Rights

    uploaded by: Lloyd Lipsett

    A channel of commentary and documents by Lloyd Lipsett, human rights lawyer and leader of a 2012-13 Human Rights Impact Assessment of the $6 billion Baffinland Iron Mine proposed development in the middle of north Baffin Island.

    uploaded date: 07-05-2012

  • Mary River Mine – Summary

    uploaded by: Gabriela Gamez

    The Mary River Mine is a massive and unprecedented mining development for Nunavut (and the Arctic region in general). On the one hand, it represents a major opportunity for potential benefits to workers and their families, to Inuit communities and designated Inuit organizations, as well as to the territorial and federal governments.

    uploaded date: 05-07-2013

  • Mining in Nunavut – Summary

    uploaded by: Gabriela Gamez

    The Mary River mine is not the first mine to developed in Nunavut, nor will it be the last. Mining projects in Nunavut are becoming increasingly feasible from a technological and economic point of view. Climate change will make mining and resource development more attractive and accessible.

    uploaded date: 05-07-2013

  • Transparency – Summary

    uploaded by: Gabriela Gamez

    Mining companies are expected to do more to be transparent about the money and gifts they give to governments in order to fight corruption and improve the governance and benefits of mining projects. Access to information and transparency are also important human rights based principles.

    uploaded date: 05-07-2013

  • Workers' Rights at the Mary River Mine – Summary

    uploaded by: Gabriela Gamez

    Workers’ rights are one of the areas that the Baffinland company has the greatest amount of control over its impacts. It is also an area where the Inuit have expressed hope and expectations for positive benefits in terms of job opportunities—which can be understood in terms of the right to work and other labour rights.

    uploaded date: 05-07-2013

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