See also the broader UNEP FI Environmental and Social Risk Briefing as well as these resources.
Core products include metals and minerals, precious and semi-precious gemstones, building and road materials and industrial non-metal products. The mining and metals sector (which includes quarrying) covers the key life-cycle phases:
- exploration (geological surveying, mapping)
- mine planning (modelling the ore reserve, mine layout, scheduling)
- mine development and operation (construction of mining infrastructure, extraction of ore, waste management)
- processing (smelting, refining, casting and finishing, electroplating)
- mine closure (decommissioning, dismantling)
Key human rights related risks (at all phases of the mine life cycle) include:
- Workplace conditions, particularly health and safety in the workplace and collective bargaining/the right to join a trade union
- Use of forced and child labour
- Threats to livelihoods due to monopolisation of resources, including land and other natural resources previously depended on by local (often rural and sometimes indigenous) populations, plus relocation of communities away from traditional means of living
- Loss of income from the mine can be a problem following closure
- An influx of large, mainly male, migrant populations can disrupt social cohesion, and can lead to the spread of disease (eg HIV/Aids) to the existing population
- Security contractors in areas of conflict may be connected to military/paramilitary groups
- Misuse of revenues (corruption) by government officials may reduce local populations’ access to services
- Existing transport networks and local infrastructure (including health and access to water) may be over-stretched by the mine development
Relevant voluntary and trade initiatives include:
- The Extractive Industries Transparency Initiative (EITI): supports improved governance in resource-rich countries through the verification and full publication of company payments and government revenues from oil, gas, and mining
- The Voluntary Principles on Security and Human Rights : developed to guide companies in balancing the need for safety and security while respecting human rights
- The Kimberley Process: a government, industry and civil society initiative to stem the flow of conflict diamonds used by rebel movements to finance wars against legitimate governments
- The International Council on Mining and Metals: an industry body which has agreed a Sustainable Development Framework (a set of ten principles, public reporting and independent assurance)
- Forest Peoples Programme: An NGO that exists to protect ways of life and traditional knowledge from developments (including dams, mines, oil wells and gas pipelines) that often force forest peoples out of their homes.
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 mining and metals sector?
Health and Safety
- Fatal and non-fatal incidents caused by major events, eg mine collapse, faulty equipment or risk of explosion of volatile materials
- Fatal and non-fatal incidents and injuries that could have been prevented with proper training, protective uniforms/equipment, training, information and education of employees (including but not limited to relevant information being translated and accessible for migrant employees)
- Respiratory and skin diseases caused by exposure to dust, chemicals and other particles in the air
- Spread of communicable disease among workers due to lack of education and/or living conditions
- Mismanagement of an accident (eg fire, plant shut-down, broken gas pipe)
- Employee exposure to attacks and abuse from local people or pressure groups resenting or resisting the mine’s presence
Collective Bargaining/Trade Unions
- If operating in countries where trade union activity is seen by governments or business as a barrier to effective economic growth, the Mining and Metals sector may experience national laws and norms as barriers to collective bargaining. In some jurisdictions, trade unions are illegal
- The location of mines and the lack of employment alternatives can mean that labour supply is larger than demand. This can weaken the position of workers seeking to enforce their rights
- Many workers in the sector (from exploration to mine closure) are from migrant communities and are ignorant of their rights or of how to enforce them
- Mine workers are often migrants (and in some cases also immigrants). These groups can be excluded from unions and other structures due to discrimination by other members or due to language differences
Child labour
- There is a high incidence of harmful child labour in the mining and metals sector. Children may be required to work long hours digging, breaking and loading stones, and undertaking other ore processing activities, in toxic and hazardous environments without safety measures
- Such children are at high risk of accidents, injuries and chronic health problems and disorders. They have little or no recourse to basic amenities like healthcare or education, and are vulnerable to trafficking or sexual abuse
Discrimination
- The mining and metals sector tends to employ a high proportion of male workers and this can lead to mistreatment of women (including sex crimes and sexually transmitted diseases) and lack of equal opportunity
- Women may tend to be employed in the more hazardous and polluting (but less physically demanding) aspects of mining activities eg processing plants and milling units
Migrant workers
Migrant workers can constitute a large component of the workforce due to lack of local labour skills and resource.
- 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, proper training, housing conditions, access to health care or access to education
- Migrant and immigrant workers may 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 operations cover the activities undertaken by a company and/or its contractors to protect assets and ensure the safety of employees. Mining and metals facilities may be located in areas of current or recent conflict, which heightens the security risks.
What are the main issues for the mining and metals sector?
- In conflict zones, security contractors can be complicit in fuelling conflict by aiding illegal armed groups, including payment of protection moneys
- Security forces can over-react to protests against the mine. 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 mine, to ensure that workers are not exposed when travelling to and from work, and 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 general public (especially children/young people unaware of the dangers of machinery, falling objects, pits and so on)
CONTROLS AND MITIGANTS
- Application of consistent and effective management practices
- Health and safety plan communicated to all workers in their own language and supported by robust governance procedures
- Regular health checks available to workers
- Emergency preparedness/accident response plan to ensure safety of workers in the event of explosion or other serious incident
- Written policies and procedures around employment and protection of young workers
- Written policies and procedures around collective bargaining and recognition of trade unions
- 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
Companies face human rights issues and risks in their supply chain, as purchasers of goods and services from other companies which may be associated with poor practice or controversy.
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 mining and metals sector?
- ‘Artisanal and Small-scale Mines’ (ASMs) can form part of the supply chain for major mining companies. ASMs tend to use low-skilled manual labour and demonstrate poor health and safety standards. Whole families, including children may be employed in the mine
- ASMs may sit outside the formal economy and are sometimes connected to organised crime and corruption
ECONOMIC RIGHTS
What does this cover?
Economic Rights include 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, economic rights also support the realisation of other rights such as right to health, housing, participation in the culture of the community, education, the right to found a family and so on.
What is the main issue for the mining and metals sector?
- Procurement activities can have a positive, neutral or negative contribution to the local economy and the economic rights of the local community. Where local skills (eg: cleaning, construction, catering) may exist but are unable to operate to the scale required, the risk is that larger, non-local suppliers are selected, which may contribute to local unemployment
CONTROLS AND MITIGANTS
- Compliance with local/national law is a minimum benchmark
- Written ethical supplier screening policy covering workplace conditions and transparency/bribery. Suppliers should be aware of potential hazards and have systems in place to protect workers and communities
- Written procurement policies and procedures in place which encourage the use of local suppliers and support the use of SMEs
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 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 mining and metals sector?
- Threats to livelihoods and life due to monopolisation of land and other natural resources previously depended on by local (often rural) populations, plus relocation of communities away from traditional means of living
- Reduced standard of living from environmental impacts eg dust, emissions, vibration, noise, vehicle movement and impact, pollution, use of hazardous substances and materials, water and soil contamination, destruction of habitats and other resources
- Health and safety impacts include disposal of waste, use of dangerous chemicals, failure of tailings or dams, transport movements
- Loss of income from the mine can be a problem following closure
- Strain on infrastructure and public services eg transport networks and local infrastructure including basic services (health, education, water) leading to percentages of the population being excluded from these services
- Communities may consume contaminated water with which causes health problems
LOCAL AND INDIGENOUS PEOPLES’ RIGHTS
What does this cover?
Indigenous rights cover issues associated with the sector’s activities that impact on ancestral land. This includes a focus on cultural heritage; the use of natural local resources for medicine, housing, food, and clothing; and damage to or loss of cultural/historical/religious sites which form the basis of the identity of local and indigenous groups
What are the main issues for the mining and metals sector?
- Lack of free, prior and informed consultation with local and indigenous populations and/or lack of process to explore this can lead to arbitrary destruction of identity and livelihood
- Violent, repressive and life-threatening removal of local and indigenous groups from lands. This may be facilitated by host governments which do not recognise indigenous groups or their rights
- Lack of, or unfair, compensation arrangements or delayed payments
- Revenues may be channelled by host governments to support the national economy/development agenda, which may not benefit local and indigenous people
- Damage to cultural/historical sites which form the basis of the identity of local and indigenous groups
IMPACT OF MIGRANT POPULATION
What does this cover?
Impact of migrant populations covers human rights such as the right to health, adequate standard of living, and non-discrimination that may be threatened due to large influxes of workers.
What are the main issues for the mining and metals sector?
- Large, mainly male, migrant populations away from their families represent a major market for prostitution. This can lead to the spread of STIs/STDs (including HIV/Aids) within the area and to families when workers 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
- 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
- Rehabilitation of land disturbed or occupied by operations in accordance with appropriate post-mining land uses
- Recognition of existing communities' rights
- Emergency response plan to protect affected communities in the event of major accident eg provision of emergency water supply to local community if usual sources are contaminated
- Clearly defined procedures around use of indigenous peoples’ knowledge and resources, including payment
- 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
- Policy and procedures around the relocation of communities to allow mine development, including measures around consultation, compensation and continuation of livelihoods
- Policies and procedures around conservation of cultural/historical/religious sites which form the basis of the identity of local and/or indigenous groups
ABUSE OF HUMAN RIGHTS BY HOST GOVERNMENTS
What does this cover?
This covers human rights abuses carried out by or on behalf of the government with whom the mining and metal company may have a relationship or which controls the region in which the mine is situated. It relates particularly to those abuses that may be perceived to ‘benefit’ the company in question.
What are the main issues for the mining and metals sector?
The main issue for the company is that any benefits derived (directly or indirectly) from abuses perpetrated by the government, may result in the company being perceived as complicit in the abuse. Due to the large footprint of mining operations, and the importance to national economies of metal and mineral resources, there may be potential for:
- Government use of forced or bonded labour to extract and realise national resources
- Violent removal, severe repression and/or arrest of protestors and resisting indigenous groups by governments or their agents
CONTROLS AND MITIGANTS
- Compliance with local/national law is a minimum benchmark
- Application of consistent and effective management practices
- Ensuring that agreements with host governments reflect the rights of indigenous and local people
