See also the broader UNEP FI Environmental and Social Risk Briefing as well as these resources.
Infrastructure refers to the basic physical service systems for society. It includes:
- Ports, harbours and marinas
- Dams and reservoirs
- Railways and goods yards
- Roads, tramways and subways
- Transfer pipelines
- Airports
- Industrial, commercial and residential buildings
Infrastructure covers the life-cycle of projects and developments: design, construction, operation and decommissioning.
Key human rights related risks include:
- Workforce health and safety, particularly during the construction phase
- Influx of migrant workers during the construction phase
- The impact on communities and their traditional livelihoods due to development of large areas of land, or reduced access to water
- Forced resettlement of communities, including indigenous peoples
- Environmental impact on communities, including noise, waste and other forms of pollution
- Use of security services to guard installations
Relevant voluntary and trade initiatives include:
- Amazon Watch: working directly with indigenous communities to protect their lands in partnership with communities, non-governmental organisations, concerned shareholders and citizens
- Sustainable Rural Infrastructure Improvement Project: this paper from Bangladesh demonstrates the potential benefits of improved infrastructure
There are links to these initiatives in the resources section.
WORKPLACE CONDITIONS
What does this cover?
Workplace conditions include factors such as working hours, wages, health and safety and disciplinary practices.
What are the main issues for the infrastructure sector?
Health and Safety
The construction industry has one of the worst health and safety records of any industrial sector. During the construction phase of an infrastructure project, this will be a significant issue.
- Fatal and non-fatal incidents caused by lack of proper procedures or adherence to procedures, inadequate assessment of risks, poor risk management, faulty or inappropriate tools and equipment
- Fatal and non-fatal incidents and injuries which could be prevented with relevant training, protective clothing/equipment, information and education of employees (including but not limited to relevant information being translated and accessible for migrant employees) and protective clothing/equipment.
- Spread of communicable disease among workers due to lack of education, advice and/or poor living conditions
- Employee exposure to protests from local people or pressure groups resenting or resisting the development
- Working excessively long hours under strenuous conditions may lead to accident or injury
Migrant workers
Migrant workers can comprise a large component of the workforce during the construction phase of a large infrastructure project due to a lack of local skills.
- Migrant workers may be subject to degrading or life-threatening treatment and/or lack of equal opportunity for promotion, due to discrimination against workers from other cultures/races
- This can also include discrimination with regard to working hours, rates of pay, proper training, housing conditions, access to health care or access to education
- Migrant and immigrant workers can have their travel documents held by the employer as a condition of work. This detracts from freedom of movement and is a version of bonded labour
SECURITY OF OPERATIONS
What does this cover?
Security of operations covers the activities undertaken by a company and/or their contractors to protect their assets and ensure the safety of their employees. New infrastructure facilities may be located in areas of current or recent conflict, which increases the risk of security problems.
What are the main issues for the infrastructure sector?
- In conflict zones or failing states, there is potential for security contractors to be complicit in fuelling conflict by aiding illegal armed groups, including payment of protection money
- Security forces may over-react to protests against a project. This can result in escalation of violence, injury and death of civilians or union members exercising their right to protest
- Security operations should extend to employees’ safety beyond the boundaries of the project, to ensure that workers are not exposed when travelling to and from work, or in housing facilities
- Lack of effective security can lead to attacks, theft of dangerous equipment and an unsafe/insecure environment for workers
- Lack of effective security creates health and safety risks for the local community (especially children/young people unaware of the dangers of machinery, falling objects, deep water and so on)
CONTROLS AND MITIGANTS
- Application of consistent and effective management practices
- Written health and safety plan communicated to all workers in their own language and supported by robust governance procedures
- Written emergency preparedness/accident response plan to ensure safety of workers in the event of a serious incident
- Written policies and procedures around anti-discrimination and equal opportunities, including the protection and welfare of migrant workers
- Written policies and procedures around security, covering the employment and training of security workers; dealing with violent and non-violent protests; and use of local police force if arrests or detention are necessary
- Companies should communicate their policies regarding ethical conduct and human rights to security providers, including the need for personnel to receive adequate and effective training
- The type and number of security contractors deployed should be competent, appropriate and proportional to the need
- In cases where physical force is used by security, such incidents should be reported to the appropriate authorities and to the company. Where force is used, medical aid should be provided to all injured persons
- A security contractor should respect the confidentiality of information obtained as a result of its position as security provider
LIVELIHOOD AND STANDARD OF LIVING
What does this cover?
This covers the right to work, right to a fair living wage and right to an adequate standard of living. Because human rights are inherently interrelated and inter-dependent, these rights also support the realisation of other rights such as the right to health, housing, participation in the culture of the community, education, the right to found a family and so on.
What are the main issues for the infrastructure sector?
- Threats to livelihoods and life due to monopolisation of land and other natural resources previously depended upon by local populations, eg the development of ports may disrupt local small scale fisheries, and dam projects may disrupt local agriculture and other land uses
- Reduced access to land may affect current livelihood or subsistence
- Reduced standard of living due to environmental impacts eg use of hazardous substances and materials, water and soil contamination, destruction of habitats and other resources, noise associated with airports and roads, visual impact of large projects which substantially alter the landscape
- Health and safety impacts for local communities include access to dangerous sites/ equipment/machinery and transport movements
- Loss of local income after the end of the construction phase
- Strain on existing local infrastructure and public services such as transport networks and could exclude some people from these services
RELOCATION OF COMMUNITIES
What does this cover?
Communities may need to be relocated if their current site is to be re-developed as part of an infrastructure project. Their requirements may include residential land, land used for agriculture, fisheries and land used for community activities. Communities may also be split or separated from neighbouring communities by the development, which may affect their viability and way of life.
In some cases, governments take responsibility for conducting effective consultation with communities on relocation and ensuring that agreed compensation is paid. However, this is a significant risk area for companies involved with the project, as they may be publicly associated with any government poor practice (or perceived poor practice) in this respect. A lack of agreement by a relocated community may also result in future conflict, potentially leading to delays and additional costs.
What are the main issues for the infrastructure sector?
- Lack of free, prior and informed consultation with local populations and/or lack of process to explore this can lead to arbitrary destruction of identity and livelihood
- Forced removal of local or indigenous groups from lands. This may be carried out by host governments which do not recognise local or indigenous groups or their rights
- Lack of, or unfair, compensation, or lack of adequate and appropriate alternative provision of assets, land or resources
- Damage or loss of access to or loss of cultural/historical/religious sites which form the basis of the identity of local or indigenous groups
IMPACT OF MIGRANT POPULATION
What does this cover?
Impact of migrant populations covers the human rights of both the migrants and the local community. It includes rights such as the right to health, adequate standard of living, and non-discrimination.
What are the main issues for the infrastructure sector?
Infrastructure projects often need large workforces during the development phase which may comprise mainly migrant workers. Some projects (eg: airports) will continue to provide high levels of employment, while others (eg: dams, roads) will provide relatively low level ongoing employment.
- Large, mainly male, migrant populations away from their families represents a major market for prostitution. This can lead to the spread of STIs/STDs (including HIV/Aids) within the area and to families when they return home
- Basic health and hygiene standards of housing provided to workers can be poor and lead to illness and communicable disease being passed on to the existing local population
- Social conflict and negative impact on social cohesion can occur between migrant communities and the local population
CONTROLS AND MITIGANTS
- Community awareness and education plan as part of health and safety measures
- Social assessment to evaluate a project's positive and adverse effects on indigenous peoples and to examine alternatives where adverse impacts may be significant
- Policies and procedures around conservation and sustainable use of finite resources eg water, energy, land, which take account of local community need for these resources now and in the future
- Policies and procedures to ensure the free, prior and informed consultation of local and indigenous communities; ensuring that vulnerable groups are part of the consultation process. There should be a complaints mechanism available to local communities
- Policies and procedures around conservation of cultural/historical/religious sites which form the basis of the identity of local and/or indigenous groups
- Policy and procedures around the relocation of communities to allow company development, including measures around consultation, compensation and continuation of livelihoods
TERRORISM AND SABOTAGE
What does this cover?
Infrastructure projects may be targets for terrorism or sabotage during either construction or operational phases.
What are the main issues for the infrastructure sector?
- Restrictions on local populations’ movement or access to facilities, as part of overall security provision for site
- Discrimination against some sectors of society due to government views on their likelihood of engaging in terrorism or sabotage
- Catastrophic damage to the local community, including large scale injury, deaths and damage to community infrastructure and livelihoods in the event of an attack
CONTROLS AND MITIGANTS
- Compliance with local/national law is a minimum benchmark
- Application of consistent and effective management practices in relation to site security, and consultation with local communities
- Ensuring that agreements with host governments reflect the rights of indigenous and local people
- Clear emergency plans in place to deal with the company’s role in reacting to and managing large scale incidents
