Will the HRIA be balanced and fair? Part 4: Human Rights Impact Assessment of Baffinland's Mary River Project

Will the HRIA be balanced and fair? Part 4: Human Rights Impact Assessment (HRIA) of Baffinland's Mary River Project, May 17, 2012 (Download complete PDF at left)
The HRIA seeks to provide independent, balanced, credible and constructive information for all stakeholders. All persons that will contribute to the implementation of the HRIA agree to respect the following ethical and professional principles while implementing the HRIA:
1) Principle of Transparency
We will provide stakeholders with relevant, adequate and reliable information about the objectives, methodology and activities of the HRIA on an on-going basis through a dedicated webpage and local radio programming. The HRIA’s findings and conclusions will be made available in a printed report and in digital video format. Special efforts will be undertaken to ensure that the HRIA is appropriately translated, communicated to and understood by the Inuit communities in the area of influence of the Mary River project.
2) Principle of Independence and Balance
In the conduct of the HRIA and our research and analysis, we will be independent of government, political, business or other interests. The HRIA team will be solely responsible for the methodology, findings and conclusions of the assessment.
We will seek to engage with the full range of stakeholders of the Mary River project in order to elicit diverse opinions, concerns and expectations for the assessment—including from both proponents and opponents of the project. We recognize the right to fair, equal and respectful treatment of all stakeholders regardless of their positions and/or decision to participate in the HRIA.
We will maintain a balanced approach to potential positive and negative impacts in our information gathering, interviews, analysis, recommendations and reporting.
3) Principle of Inclusion and Non-discrimination
In addition to actively seeking the participation of the full range of stakeholders, we will ensure that the process is open to any individuals or groups that self-identify as stakeholders and wish to communicate their concerns and expectations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We seek to encourage diversity, and will be impartial and non-discriminatory in our assessment. In particular, we will promote gender equality and balance and will respect Inuit culture and custom, including their oral traditions, throughout the HRIA process.
4) Principle of Informed Consent and Confidentiality
We will provide full and accurate information about the HRIA process, in advance, to all individuals, groups, organizations and/or institutions to be interviewed so that they are able to make an informed decision concerning their participation, or not, in the assessment. We respect the right of individual or groups approached by us to decide voluntarily to participate or not in the assessment without fear of negative consequences or repercussions.
We will obtain the informed consent of all participants who agree to have their interviews filmed. Participants will also be provided with the option of being interviewed without being filmed. We will fully respect any requests for anonymity and confidentiality in the treatment of information and opinions shared by all participants.
5) Principle of Professionalism and Accuracy
We will conduct our professional activities with integrity, honesty, and will make every effort for our assessment to be free from misrepresentation or deliberate bias. We will adhere to the highest standards of accuracy and honesty in presenting, interpreting and referencing data and research.
6) Principle of Respect for Universal Principles
We will promote the international and national laws and principles with respect to human rights as the normative foundation of the HRIA. Where such laws do not exist or are not fully implemented, we will highlight these gaps. In the conduct of the HRIA, we will respect the equal rights and dignity of all human beings.

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26 mai 2012

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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

      chaîne: 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.”

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      uploaded date: 26-05-2012