Part II guidance Notes Pillar I – Laws, Policies, and Institutions
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MPF Part II Guidance Notes - For Ratification (1)
Social Benefits
3.3 Community Engagement 3.3.1.a Require mining entities to undertake meaningful and inclusive consultations with affected communities and stakeholders in the design of community development activities, document the consultation process, and make the results accessible to communities. • As part of the permitting process and throughout the life of the mine, government should require mining entities to regularly consult with affected communities, including men and women, Indigenous peoples, and other under-represented groups on the design of community development activities. Consultation must be inclusive, accessible, and culturally appropriate. • The legal framework for consultation mechanisms should be accessible, culturally relevant, and supportive of gender equality and inclusiveness, aligned with good international practices. Refer to the ICMM Mining Principles and the EITI Standard 2023 for guidance. • Government requires mining entities to document the consultation processes and make the results accessible to communities in local languages and in a timely manner. To promote transparency, mining entities should share consultation agendas, meeting minutes, and summaries of issues and concerns with actions and mitigation. • Results of consultations should be integrated into any agreements that may be negotiated with affected communities. • A register of commitments should be maintained to ensure high-priority issues are considered, addressed, and discussed to optimize engagement, mitigate tensions, and prevent conflict. Refer to the IFC Performance Standards on Environmental and Social Sustainability (2012), the Mining Association of Canada’s Indigenous and Community Relationships Protocol (2021), and the IRMA Standard for Responsible Mining (2018) for further guidance. 3.3.1.b Establish grievance mechanisms to receive and facilitate resolution of grievances for affected communities. • Government should require entities to establish a grievance mechanism prior to issuing a mining permit or approval. • The grievance mechanism should enable affected communities and other stakeholders to register concerns and grievances and subsequently facilitate resolution. The grievance mechanism should be provided at no cost, without retribution, and should not preclude or impede access to judicial or administrative remedies. It should address concerns promptly and effectively, be culturally appropriate and accessible to all community members, and allow for confidential and anonymous complaints and those that need special protection measures such as gender-based violence Refer to ICMM’s Handling and Resolving Local-level Concerns and Grievances: Human rights in the mining and metals sector , the World Bank’s Good Practice Note Addressing Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH) in Investment Project Financing Involving Major Civil Works , IFC´s Good Practice Note Addressing Grievances from Project-Affected Communities , IFC's publication Unlocking Opportunities for Women and Business: A Toolkit of Actions and Strategies for Oil, Gas, and Mining Companies for further guidance. 3.3.1.c Require mining entities to provide fair compensation and improvement of living conditions for involuntary resettlement and/or economically displaced due to mining. • Government should require mining entities to avoid the involuntary physical or economic displacement of families and communities. Where avoidance is not possible, government requires mining entities to implement actions or remedies that address residual adverse impacts to restore or improve livelihoods and standards of living of displaced people. • Government should develop standards and regulations that ensure fair and equal compensation for both men and women. The compensation process should include women in the decision-making processes regarding land sales, and should safeguard collective rights, including Indigenous peoples' rights which include land and natural resources used and owned collectively. • Government should provide clear rules and guidelines to mining entities on compensation mechanisms and procedures as well as the conditions of resettlement. Refer to the 2012 IFC 17 Performance Standard 5: Land Acquisition and Involuntary Resettlement , the 2015 ICMM Land Acquisition and Resettlement: Lessons learned , and the Mining Association of Canada’s 2023 Safe, Healthy, and Respectful Workplaces Protocol for further guidance. 3.3.2 Respect the protected rights, interests, and perspectives of Indigenous peoples and obtain free, prior, and informed consent when applicable. • Indigenous peoples have protected rights under international law and declarations. Government should be compliant with regional and international norms on Indigenous rights, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007), ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the United Nations Convention on Biological Diversity (1992). • Government should lead consultations with Indigenous peoples when a government decision affects them. • As part of the mining permitting and approval process, government should require mining entities to establish a process of engagement and consultation with Indigenous people where adverse impacts are likely to occur related to land, territories, and resources disturbance, where physical relocation of people may occur, traditional livelihoods may be disrupted, or critical cultural heritage may be impacted. • Government and mining entities, in consulting with Indigenous peoples, should obtain their free, prior, and informed consent when applicable. Refer to the UNDRIP, jurisprudence of the Inter-American Court of Human Rights ; recommendations from the UN Special Rapporteur on Indigenous Peoples ; the IGF Case Study: The Importance of Consultation and Engagement in Environmental and Social Impact Assessments ; IRMA’s Planning and Managing for Positive Legacies, chapter 2.2, Free, Prior and Informed Consent (FPIC) ; IFC Performance Standard 7: Indigenous Peoples, and ICMM’s Indigenous Peoples and Mining: Good Practice Guide for further guidance on how to meaningfully consult the public and uphold Indigenous peoples’ rights. • Outcomes of consultation and FPIC processes should be captured in any community agreements. Download 0.9 Mb. Do'stlaringiz bilan baham: |
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