1. GRIEVANCE MECHANISM CR TOOLKIT WORKSHOP Ref ICMM Toolkit No. 5
Trainers: Brendan Sanga & Allan Kikitam
Date:
Venue:

3. Presentation Outline Introduction Definition Background Objective
Overview of C&G Mechanism
Need for Grievance Mechanism
Understanding Grievance Mechanism
Initiating a Grievance Mechanism
Developing & Implementing Effective C&G Mechanism
Define Scope & Determine Goals
Design
Implement and Operate
Monitor, Report and Learn
Group Exercise
Summary/ 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
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

6. 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.

7. PART ONE: Overview of Grievance Mechanism
Need for Grievance Mechanism
Traditional ways most companies handle grievances
Blind Trust: Rely on Reputation to avoid dispute
Depending on the notion that company has established sufficient trust with the community
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.

8. 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.

9. 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

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.
Legitimate
Accessible.
Predictable.
Equitable.
Rights-compatible.
Transparent.

11. Initiating a Grievance Mechanism
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.

12. 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.

13. 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

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 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.

15. Design Continue (Proposed OTML Model)
Receive Complain (24 hr)
Complain entered into database
Tracking code generated
Acknowledge of complains
(5 days)
Acknowledgement letter
to complainant
Preliminary assessment of
Complaints (12 hrs)
Decision
Resolve/ agree or
investigate
Sign off
Delegating complains (12 hrs)
Letter providing status
Outline action & timeframe
Investigating complains
(30 days)
Decision-
Resolve/Agree or
Appeal
Appeal – internal review
(1- 6 months)
Appeal – external mediation
(6-12 months)

16. Receive and register grievances Decide, communicate decision
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.

17. Design Continue
Choose ways to Receive, Register, Screen, Assess and Respond to Grievances
Receiving and Registering Complain
Screen for Eligibility
Assess the Grievances
Formulate a Responds
Select Grievances Resolution Approach
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

18. 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.
Review & Redefine the Design
How effective is the GM in meeting our goals & objective?
Is GM approach sufficient or necessary ?

19. 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
Get words out to Impacted Communities
Get words to partners and stakeholders
Train and Support Participants
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

20. 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
Key insights emerging that require changes to company operations
Possible 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 grievance
Record Grievances and enter it into database
Step 2
Preliminary assessment – categorize complains
Assign the grievances to relevant officers
Step 3
Respond to complaint – write or communicate verbally
Explain the process and timeline of the GM procedure
Step 4
Investigate the Grievances Using Appropriate Team
Devise a resolution process and record results
Step 5
Follow up on the resolution process to ensure aggrieved satisfied
Seek sign off from the complainant file all complain in database
Step 6
If complainant not satisfied, discuss further options
If matter still unsolved, refer matter to third party mediation or ext. review
Step 7
Regularly monitor and evaluate the grievances received, solved & outstanding
Adjust procedure if and when necessary.

23. 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.

25. Questions & Discussion
End of Presentation
Questions &
Discussion