DISPUTE OR DIALOGUE? Community perspectives on company-led grievance mechanisms EDITED BY EMMA WILSON AND EMMA BLACKMORE – 2013 First published by International Institute We welcome your comments on this FPIC free, prior and informed for Environment and Development (UK) publication or other aspects of Shaping consent in 2013 Sustainable Markets. Please contact FSC Forest Stewardship [email protected]. Copyright © International Institute for Council Environment and Development Disclaimer ESIA environmental and social This paper represents the view of the All rights reserved impact assessment authors and not necessarily that of IIED. ICMM International Council on ISBN: 978-1-84369-908-8 Acknowledgements Mining and Metals For further information please contact: This research and IFC International Finance International Institute for Environment publication was Corporation and Development (IIED), 80–86 Gray’s part-funded by UK ISO Inn Road, London WC1X 8NH, United aid from the UK International Organization Kingdom. [email protected], Government; for Standardization www.iied.org/pubs however the views IPIECA The global oil and gas expressed do not industry association for Citation necessarily reflect environmental and social Wilson, E. and Blackmore, E (editors). the views of the UK issues (formerly known as (2013). Dispute or dialogue? Government. the International Petroleum Community perspectives on Industry Environmental company-led grievance mechanisms. Conservation Association) International Institute for Environment ACRONYMS AND and Development, London. JLAT Joint Land Acquisition ABBREVIATIONS Team Laid out by ADR alternative dispute KPIs key performance indicators Regent Typesetting resolution www.regent-typesetting.co.uk LNG liquefied natural gas ASM artisanal and small-scale MGB Mines and Geosciences Designed by mining Bureau (Philippines) SteersMcGillanEves ASRC Azerbaijan Social Review NCIP National Commission on 01225 465546 Commission Indigenous Peoples Printed by BTC Baku–Tbilisi–Ceyhan (Philippines) Park Communications, UK. pipeline www.parkcom.co.uk NGO non-governmental CAMP Continuous Auditing and organisation Printed on 100% recycled paper. Monitoring Programme OCDH Observatoire Congolais Edited by CAO Compliance Advisor/ des Droits de l’Homme Tom Hickman and Holly Ashley Ombudsman (WB Group) (Congolese Observatory Series Editor CFA Central African franc of Human Rights) Emma Blackmore CIB Congolaise Industrielle des OECD Organisation for Economic Bois Co-operation and Photo credit Development Farah Sevilla, Alyansa Tigil Mina CLO community liaison officer CREDO Community Relations and PSA production sharing Shaping Sustainable Markets agreement Shaping Sustainable Markets is the Development Office SCP South Caucasus Pipeline flagship research project for the (TVIRD) Sustainable Markets Group at IIED. CSO civil society organisation SIA social impact assessment Can markets be ‘governed’ to better CSR corporate social SIMDP Sakhalin Indigenous benefit people and planet? This project responsibility Minorities’ Development explores the individual and combined CSRI Corporate Social Plan impact of market governance Responsibility Initiative (at SOCAR State Oil Company of mechanisms on sustainable the Harvard Kennedy Azerbaijan Republic development to find out what works School) SPZ sanitary protection zone where and why. Some of these CSRM Centre for Social UN UN Guiding Principles on mechanisms are well established. Responsibility in Mining Others are innovative ideas yet to be Guiding Business and Human tested in the real world. DRC Democratic Republic of Principles Rights (for the Congo implementation of the We want to improve and broaden EBRD European Bank for United Nations “Protect, understanding of how market Reconstruction and Respect and Remedy” governance mechanisms can be Development Framework) designed and used to secure livelihoods and protect environments. Find out EIA environmental impact more about our work at http:// assessment shapingsustainablemarkets.iied.org. 2 ABOUT THE AUTHORS Dr Emma Wilson is a senior researcher at IIED resources, and the economic bases of oil and heads the Institute’s Energy Team. Her contracts. The author of more than 30 research research focuses on responsible practice in the papers and books, Ingilab joined the School of extractive industries and the ways that enterprise Economics and Management at Khazar University and investment can be directed towards (Baku) in 2008, mainly teaching on oil and gas sustainable use of energy for development. Emma economy and Caspian energy development. has over 16 years’ experience of working on Between 2009 and 2011, he served on the issues related to the oil and gas industry, International Board of the Extractive Industries community relations and corporate responsibility. Transparency Initiative (EITI). Her current work relates to transparency and sustainability, company–community relations Dr Sophie Borreill is a research consultant for (including free, prior and informed consent and Anthroscape and a former lecturer in cultural grievance mechanisms), responsible contracting geography at the University of Paris XII. She chains and access to sustainable energy for all. specialises in analysing communities’ responses Emma has worked in Russia, Kazakhstan, to rapid and profound changes in their cultural and Azerbaijan, Nigeria, South Africa, Ghana and natural environment and provides policy advice to Qatar. bodies wishing to protect community rights and prevent social disruption. She has worked with Emma Blackmore is a researcher in the South African communities forcefully displaced Sustainable Markets Group at IIED. She manages during the apartheid regime; with resettled Twa IIED’s Shaping Sustainable Markets initiative, hunter-gatherers groups in Rwanda; and with which explores the use and impact of market Mbendjele and Tswa Pygmy groups in the governance mechanisms. Emma has carried out Republic of Congo. With Jerome Lewis and Luke research on how certification can benefit the poor, Freeman she pioneered the application of the carbon emission labels, contract farming, concept of free, prior and informed consent as a integrating small-scale farmers into global value tool for the protection of indigenous peoples’ chains and China’s overseas investment. Emma rights in the Congo Basin. has researched Chinese investment in mining in Latin America and the use of sustainability Dr Jerome Lewis is a Lecturer in Social standards therein. She is particularly interested in Anthropology and Director of Cultures of the relationship between mining companies and Sustainability, at the Environment Institute of local communities. University College London. He is also co-director of research consultancy Anthroscape. Jerome Professor Ingilab Ahmadov is director of the began working with Pygmy hunter-gatherers and Eurasia Extractive Industries Knowledge Hub and former hunter-gatherers in Rwanda in 1993. This Dean of the School of Economics and led to work on the impact of the genocide on Management at Khazar University, Azerbaijan. He Rwanda’s Twa Pygmies. Since 1994 he has obtained a Doctorate of Economics from Saint worked with Mbendjele Pygmies in Congo- Petersburg State University of Economics and Brazzaville researching child socialisation, play Finance (Russia) in 2000. In 2008 he studied and religion; egalitarian politics and gender economics of energy in Reading University (UK) relations; and language, music and dance. as a Chevening Fellow. His research interests are Studying the impact of global forces on many management of oil revenues and impact of oil Pygmy groups across the Congo Basin has led to revenues on the economy, Caspian energy research into discrimination, economic and legal 3 marginalisation, human rights abuses, and to Christoph Schwarte is the Executive Director of applied research supporting conservation efforts the Legal Response Initiative (LRI), a network of by forest people and supporting them to better lawyers that provides free legal advice to represent themselves to outsiders. This has developing countries and observer organisations resulted in the development of tools (software and in connection with the international climate hardware) to scientifically describe specific negotiations. Christoph is a qualified lawyer with problems (resource damage in logging, illegal over 12 years of practical experience in different logging and poaching) so that ecosystem areas of international environmental law. He holds managers can better take them into account. an LLM from the School of Oriental and African Studies and is a member of the International Law Starr Levesque is a research consultant with a Association’s Committee on the legal principles background in human rights and sustainable related to climate change. Before joining LRI, development in the mining industry. Her work Christoph worked as a senior lawyer at the stems from researching corporate-related human Foundation for International Environmental Law rights impacts in Southeast Asia while at the and Development (FIELD) and, for over six years, Centre on Asia and Globalisation at the Lee Kuan with the International Tribunal for the Law of the Yew School of Public Policy in Singapore. Having Sea. His focus areas at FIELD included corporate lived and worked in eight countries, her accountability and public participation in international development interests include a wide environmental decision-making. In this range of issues such as large-scale land connection,