Transcript OCOMTP007 OTML PowerPoint Presentation

Ref ICMM Toolkit No. 5
Trainers: Brendan Sanga & Allan Kikitam
Date:
Venue:
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Presentation Outline
1. Introduction
– Definition
– Background
– Objective
2. Overview of C&G Mechanism
– Need for Grievance Mechanism
– Understanding Grievance Mechanism
– Initiating a Grievance Mechanism
3. Developing & Implementing Effective C&G Mechanism
– Define Scope & Determine Goals
– Design
– Implement and Operate
– Monitor, Report and Learn
4. Group Exercise
5. Summary/ Conclusion
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Introduction
Definition
• What is Grievance Mechanism?
– Grievance; is an issue, concern, complain or claim (perceived or
actual) that an individual or community groups wants a mining
company to address and resolve. (Compliance Advisor Obudsman)
– Mechanism; refer to a process, procedure, system, method of
doing things. (Oxford Dictionary)
– Grievance Mechanism; a process by which a community
member or other stakeholders can register their concern about
real or perceived actions by mining project with the objective of
resolving the conflict/problem before they escalates.
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Introduction continue
Background
•
There many different kinds of grievance mechanism for example,
Employee - Employer, Students - Teachers etc. In this presentation our
focus will be on Company-Community Grievances Mechanisms in the
Mining Sector.
•
Under Community –Company Grievances there are three (3) different
approach of resolving grievances;
 Using existing CR structure to deal with community complains E.g OTML
 Community Feedback Mechanism eg. Indonesia Kaltima Prima Coal’s Operation
 Though stakeholder engagement using computerize system eg. Anglo-America
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Introduction continue
Objective
•
This discussion will be focused on Company-Community Grievances
Mechanisms in the Mining Sector, specifically on overview of GM &
Phases of Designing and implementing Effective Grievances
Mechanisms.
•
There objectives of this presentation are to;
– Get CR staffs to understand the concept of Company-Community
Grievances Mechanism particularly on the design & implementing effective
GM.
– Is to get CR Officers to understand formalise system of handling Complain/
Grievances.
– Prepare CR Staffs to implement Complain & Grievances Mechanism once it
is finalized and rolled out within the OTML CR Department.
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PART ONE: Overview of Grievance Mechanism
1. Need for Grievance Mechanism
• Traditional ways most companies handle grievances
a) Blind Trust: Rely on Reputation to avoid dispute
- Depending on the notion that company has established sufficient trust
with the community
b) Ad hoc: Hope for the Best
- Use of own idiosyncratic version of grievance resolution on a case by
case basis as specific disputes arises. Each case is handled as an
individual event. This approach is pragmatic, flexible and inconsistent.
c) Investigate, decide and announce
- An internal, multi – step procedure with specific time frames.
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Cont
A Better Approach: Grievance Mechanism
• Local people need a trusted way to voice and resolve concerns linked to a
project’s operations
•
A locally based grievance resolution mechanism provides a promising avenue
by offering a reliable structure and set of approaches where local people and the
company can find effective solutions together
•
A well-functioning grievance mechanism is a better approach
•
A well-functioning grievance mechanism can also provide valuable feedback to
companies.
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cont
In addition to serving as a platform to resolve grievances, an effective
grievance mechanism can help achieve the following goals:
- Open channels for effective communication
- Demonstrate that a company is concerned about community members
and their well-being
- Mitigate or prevent adverse impacts on communities caused by
company operations
- Improve trust and respect
- Provide structures for raising, addressing, and resolving issues that
reduce imbalances in power
- Promote productive relationships
- Build community acceptance of a company’s “social license” to operate
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Understanding the Grievance Mechanism
Guiding Principles.
• Clearly, any grievance mechanism incorporating mediation or other
interest-based processes must be grounded in a framework of ethics
and principles that should not be violated.
-
Legitimate
Accessible.
Predictable.
Equitable.
Rights-compatible.
Transparent.
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Initiating a Grievance Mechanism
1. Identify and Engage Key Actors
To develop needed support:
• Identify a promoter within the company.
•
Identify promoters within the community.
•
Cultivate leadership within the company and community.
2. Establish a Design Team
• The design team serves as a strategy team, sounding board, designer,
and promoter. The team normally provides technical and political
capability to move the process forward, enhances acceptance during
the initial introduction, and ensures that implementation is effective.
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Cont.
3. Understand the Current Environment
•
Stakeholder feedback is part of any design team’s education. To
address doubts, gather valuable input, and build support, those leading
the initiative should develop a plan for gathering input from local
company and community people at the front end of the planning
process
•
An effective outreach process engages all stakeholders to: help shape
what the grievance resolution mechanism looks like; increase
transparency by presenting the company’s preliminary thinking about
the grievance resolution mechanism (why the company wants to put one in
place and ways in which it will benefit local people); and build understanding
and support for the initiative among diverse stakeholders.
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PART TWO:
Developing and Implementing Effective Grievance Mechanism
Define Scope of Grievances
•
•
•
Ascertain type of grievances that are likely to arise or review grievances
already in the case of existing operating projects.
Grievances should be both factual and perceptions
Prioritise type of complains that Grievances Mechanism will target.
Define Purpose & Goals
• We can define purpose & goals of Grievances Mechanism by asking
ourselves this questions;
– Why is a grievance mechanism being established?
– What do we hope to achieve in both long and short team?
– Will the GM be oriented primarily around concerns of the community or joint
concerns around company and community?
– Is the GM oriented towards identifying root causes of conflict and addressing it or
focusing on resolution of individual?
– Is the GM oriented towards company investigations & internal redress or towards
a more comprehensive sets of options for resolutions and provision of justices
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Design
Prepare a Preliminary Design
•
Develop a blue print or plan for what the grievance mechanism may look
like. In simple GM may broken down into following primary components;
–
–
–
–
–
–
–
–
Receive and register a complaint
Screen and asses the complaint
Formulate a responds
Select a resolution to approach
Implement the approach
Settle the issue
Track and evaluate the results
Learn from the experience and communicate it to all parties involved.
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Design Continue (Proposed OTML Model)
Complain entered into database
Tracking code generated
Acknowledgement letter
to complainant
Decision
Resolve/ agree or
investigate
Sign off
Letter providing status
Outline action & timeframe
DecisionResolve/Agree or
Appeal
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Design Continue
Receive and register
grievances
Screen and assess
Decide, communicate decision
Reject Complain
Act to resolve locally?
Refer as appropriate
Choose local approach
Company proposes
solution
Decide together
Defer to third party to
decide
Utilize customary
approach
Implement approach
Track and document
Feedback and learn
A grievance mechanism with multiple local approaches with resolving complains.
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Design Continue
Choose ways to Receive, Register, Screen, Assess and Respond to Grievances
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Receiving and Registering Complain
Screen for Eligibility
Assess the Grievances
Formulate a Responds
Select Grievances Resolution Approach
•
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•
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The company propose a solution to the problem
The community and company decide together
The company and community defer to a third party to decide
The company and community utilize traditional or customary practices
Design a Means to Track and Monitor Grievances
•
•
Document severity (high, medium, low) of complain & company responds
Dedicated staff assigned to update the database routinely
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Design Continue
Develop the Grievance Mechanism
•
Define the Governance Structure
– Authority delegate to specific officer who have general oversight of the grievances
mechanism as a whole, serve as gatekeepers for acceptances of complains and make
decisions regarding the redress of issues
– Explicit steps for resolving grievances.
•
Determine Institutional “Home” for Grievance Mechanism
– Grievance mechanism must housed within a Team and be located in the nerve centre
of the company.
•
Incorporate the Community
– To draw up community’s perspective, the system may tap community leaders, elders,
chiefs. Their functions may include accepting and forwarding community complains to
appropriate CR officers.
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Review & Redefine the Design
– How effective is the GM in meeting our goals & objective?
– Is GM approach sufficient or necessary ?
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Implement & Operate Grievance Mechanism
Introduce the Grievance Mechanism
•
The way GM is introduce to company employees and the public can have
significant implications for its effectiveness.
Communicate to build awareness
•
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Get words out to Impacted Communities
Get words to partners and stakeholders
Train and Support Participants
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Personal who will administer the system must receive skill training in
conducting receipt, registration, referral process, quality control,
monitoring, record keeping and GM ethics
Grievance Coordinators must receive training in conflict resolutions and
grievance management.
Managers & Supervisors need problem solving skills
User of GM System must know how use the system
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Monitor, Report and Learn
Get the Right People and Create Suitable Forums
•
Create a grievance advisory Committee – an oversight group with authority
composed of company & independent expert who will monitor performance
and provide strategic advice about the GM to management.
Establish clear standards and criteria for evaluation
•
Identify which aspect of GM to evaluate; the whole mechanism;
performance of staffs assign to implement GM; time required to process
GM; Database software used in GM; process used in GM
Create a plan to implement changes to the mechanism
•
Plan to detail what is to be done, when, where, how and by whom
Report back to the community
•
In the spirit of transparency & accountability companies are encourage to
provide results of GM back to community including nature of complains;
case outcomes and resolutions.
Learn and modify
•
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Key insights emerging that require changes to company operations
Possible systemic changes and adjustment to GM to ensure ongoing
complains are arrested.
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Group Exercise
In three Groups;
– Group A; There is a pipe rapture along the highway at km 43, gardens destroyed
& environment polluted. Communities have stopped OTML from reconnecting the
pipes/blocked off highway leading to Tabubil and Bige. They are demanding K50
Million from OTML. On a butcher papers outline the practical steps your team will
take to resolve the issue using the Grievance Mechanism. (Actual Event)
– Group B; A conflict between David Kaiyeng and John Wanim had spill over to
other Mine Villages. There’s a rumor that John Wanim’s group will block Bultem
Road Corridor leading up to Mine and demand mine/mill operation to shut down
until their difference is settled. The issue will be costly to OTML and it is in the
best interest of OTML that CR assist resolved the issue. On a butcher papers
outline practical steps your team will take to resolve the issue using the Grievance
Mechanism. (Perception)
– Group C: Create your own scenario or used any current Issues/ Complains CR is
faced with. Eg. Kobom dieback, Km 59 pump station issue etc. On a butcher
papers outline practical steps your team will take to resolve the issue using the
Grievance Mechanism. (Perception/ Actual Event)
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Summary - GM Flow Chart
• Engage community member and receive grievance
Step • Record Grievances and enter it into database
1
• Preliminary assessment – categorize complains
Step • Assign the grievances to relevant officers
2
• Respond to complaint – write or communicate verbally
Step • Explain the process and timeline of the GM procedure
3
• Investigate the Grievances Using Appropriate Team
Step 4 • Devise a resolution process and record results
• Follow up on the resolution process to ensure aggrieved satisfied
Step 5 • Seek sign off from the complainant file all complain in database
• If complainant not satisfied, discuss further options
Step 6 • If matter still unsolved, refer matter to third party mediation or ext. review
• Regularly monitor and evaluate the grievances received, solved & outstanding
Step 7 • Adjust procedure if and when necessary.
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Conclusion
•
Grievance Mechanism are increasingly important for new developing projects
& existing project where ongoing risks or adverse impacts are anticipated.
OTML is no exception to this statement.
•
GM is now an internationally required system for all mining projects to comply
with. Not only that, but it has been emphasize by United Nations for
empowering human rights.
PNG Government after reviewing Mining Policy, they have now decided to
encourage all mining companies to come with GM as a requirement before
going into mining activities.
•
•
It is therefore vital for OTML CR to developed its Grievance Mechanism
process, procedures and system to deal with those challenges and live up to
standards set by ICMM & IFC & future PNG Government policies.
•
Trained specialize & dedicated staffs including a user friendly database
software are essential for an effective GM at OTML
•
Having a ongoing monitoring & evaluation program of GM will assist redefine
GM to suit OTML CR operations.
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End of Presentation
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