3 Presentation Outline Introduction Definition Background Objective Overview of C&G MechanismNeed for Grievance MechanismUnderstanding Grievance MechanismInitiating a Grievance MechanismDeveloping & Implementing Effective C&G MechanismDefine Scope & Determine GoalsDesignImplement and OperateMonitor, Report and LearnGroup ExerciseSummary/ Conclusion
4 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.
5 Introduction continue BackgroundThere 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 OTMLCommunity Feedback Mechanism eg. Indonesia Kaltima Prima Coal’s OperationThough stakeholder engagement using computerize system eg. Anglo-America
6 Introduction continue ObjectiveThis 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.
7 PART ONE: Overview of Grievance Mechanism Need for Grievance MechanismTraditional ways most companies handle grievancesBlind Trust: Rely on Reputation to avoid disputeDepending on the notion that company has established sufficient trust with the communityAd hoc: Hope for the BestUse 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.
8 Cont A Better Approach: Grievance Mechanism Local people need a trusted way to voice and resolve concerns linked to a project’s operationsA 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 togetherA well-functioning grievance mechanism is a better approachA well-functioning grievance mechanism can also provide valuable feedback to companies.
9 contIn addition to serving as a platform to resolve grievances, an effective grievance mechanism can help achieve the following goals:Open channels for effective communicationDemonstrate that a company is concerned about community members and their well-beingMitigate or prevent adverse impacts on communities caused by company operationsImprove trust and respectProvide structures for raising, addressing, and resolving issues that reduce imbalances in powerPromote productive relationshipsBuild community acceptance of a company’s “social license” to operate
10 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.LegitimateAccessible.Predictable.Equitable.Rights-compatible.Transparent.
11 Initiating a Grievance Mechanism Identify and Engage Key ActorsTo 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 TeamThe 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.
12 Cont.3. Understand the Current EnvironmentStakeholder 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 processAn 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.
13 PART TWO: Developing and Implementing Effective Grievance Mechanism Define Scope of GrievancesAscertain 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 perceptionsPrioritise type of complains that Grievances Mechanism will target.Define Purpose & GoalsWe 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
14 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 complaintScreen and asses the complaintFormulate a respondsSelect a resolution to approachImplement the approachSettle the issueTrack and evaluate the resultsLearn from the experience and communicate it to all parties involved.
16 Receive and register grievances Decide, communicate decision Design ContinueReceive and register grievancesScreen and assessDecide, communicate decisionReject ComplainAct to resolve locally?Refer as appropriateChoose local approachCompany proposes solutionDecide togetherDefer to third party to decideUtilize customary approachImplement approachTrack and documentFeedback and learnA grievance mechanism with multiple local approaches with resolving complains.
17 Design ContinueChoose ways to Receive, Register, Screen, Assess and Respond to GrievancesReceiving and Registering ComplainScreen for EligibilityAssess the GrievancesFormulate a RespondsSelect Grievances Resolution ApproachThe company propose a solution to the problemThe community and company decide togetherThe company and community defer to a third party to decideThe company and community utilize traditional or customary practicesDesign a Means to Track and Monitor GrievancesDocument severity (high, medium, low) of complain & company respondsDedicated staff assigned to update the database routinely
18 Design Continue Develop the Grievance Mechanism Define the Governance StructureAuthority 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 issuesExplicit steps for resolving grievances.Determine Institutional “Home” for Grievance MechanismGrievance mechanism must housed within a Team and be located in the nerve centre of the company.Incorporate the CommunityTo 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.Review & Redefine the DesignHow effective is the GM in meeting our goals & objective?Is GM approach sufficient or necessary ?
19 Implement & Operate Grievance Mechanism Introduce the Grievance MechanismThe way GM is introduce to company employees and the public can have significant implications for its effectiveness.Communicate to build awarenessGet words out to Impacted CommunitiesGet words to partners and stakeholdersTrain and Support ParticipantsPersonal who will administer the system must receive skill training in conducting receipt, registration, referral process, quality control, monitoring, record keeping and GM ethicsGrievance Coordinators must receive training in conflict resolutions and grievance management.Managers & Supervisors need problem solving skillsUser of GM System must know how use the system
20 Monitor, Report and Learn Get the Right People and Create Suitable ForumsCreate 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 evaluationIdentify 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 GMCreate a plan to implement changes to the mechanismPlan to detail what is to be done, when, where, how and by whomReport back to the communityIn 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 modifyKey insights emerging that require changes to company operationsPossible systemic changes and adjustment to GM to ensure ongoing complains are arrested.
21 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)
22 Summary - GM Flow Chart Step 1 Step 3 Engage community member and receive grievanceRecord Grievances and enter it into databaseStep 2Preliminary assessment – categorize complainsAssign the grievances to relevant officersStep 3Respond to complaint – write or communicate verballyExplain the process and timeline of the GM procedureStep 4Investigate the Grievances Using Appropriate TeamDevise a resolution process and record resultsStep 5Follow up on the resolution process to ensure aggrieved satisfiedSeek sign off from the complainant file all complain in databaseStep 6If complainant not satisfied, discuss further optionsIf matter still unsolved, refer matter to third party mediation or ext. reviewStep 7Regularly monitor and evaluate the grievances received, solved & outstandingAdjust procedure if and when necessary.
23 ConclusionGrievance 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 OTMLHaving a ongoing monitoring & evaluation program of GM will assist redefine GM to suit OTML CR operations.