Human Rights Guidance Tool for the Financial Sector


Case Study

March 2011, India: A radiation scare at a scrap market in Mayapuri, Delhi in which five people were injured was due to disposal of Cobalt-60. Greenpeace said that India needs to put in place standards and processes that would ensure proper decontamination, correct and consistent information and safeguarding of people. A Greenpeace spokeswoman said that the authorities had not followed international standards to ensure the highest levels of safety and that all the loopholes in the nuclear regulatory system need to be identified and dealt with.

One year after the incident, shopkeepers in one of India's largest scrap markets claim that no steps have been taken by the authorities to ensure that such incidents do not take place again. Scrap workers here continue to deal with all kind of waste, including medical and laboratory waste.


Human Rights Issues by Sector

UTILITIES AND WASTE MANAGEMENT

See also the broader UNEP FI Environmental and Social Risk Briefing as well as these resources.

Utilities and Waste Management includes the following sub-sectors:

These industries are often highly regulated, although this should not be interpreted as a guarantee that human rights risks are addressed. Increasing privatisation of formerly state-owned utilities/service provision, including in emerging economies, is sometimes associated with bribery and corruption as private interests compete for contracts.

Electricity generation is covered by the Power Generation section of this tool. The construction of facilities for this industry is covered in the Infrastructure briefing. Additional reference to these briefings may be necessary to get a broad risk profile for a particular company.

Key human rights related risks include:
Relevant voluntary and trade initiatives include:

There are links to these initiatives in the resources section.

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CORE OPERATIONS

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 utilities and waste management sector?

Working hours

Working hours exceed the daily/monthly limits and overtime is not paid at a higher rate

Disciplinary practices

Workers are fined as a disciplinary practice. (eg if damage occurs to equipment)

Discrimination

Migrant workers receive less payment than local workers, are given unpopular shifts and longer hours, and do not have equal opportunities for promotion

Health and Safety

The utilities and waste management sector is required to maintain and manage facilities and infrastructure that are: transmitting high voltage electricity; using potentially dangerous equipment (eg: incinerators); and/or involving hazardous waste and chemicals. The sector also requires staff to visit private homes and business premises.

CONTROLS AND MITIGANTS

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SUPPLY CHAIN

LABOUR RIGHTS AND COMMUNITY IMPACT

What does this cover?

This covers workers rights in the supply chain and the impact of key supplier facilities on local communities. It also covers the use of contracted and agency labour.

What are the main issues for the utilities and waste management sector?

Key Products and services

CONTROLS AND MITIGANTS

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COMMUNITIES

PUBLIC/COMMUNITY HEALTH AND SAFETY

What does this cover?

Sub-stations, reservoirs, landfill and re-cycling sites, incinerators and sewage plants may pose risks for the surrounding environment/communities and for individuals who may come into contact with them or the equipment used.

What are the main issues for the utilities and waste management sector?

PROPERTY RIGHTS AND LAND ACQUISITION

What does this cover?

The sector acquires land for sub-stations, pylons, landfill and re-cycling sites, water treatment facilities, sewage plants and reservoirs. Communities may need to be relocated to make way for proposed developments/ projects. Developers’ requirements may include residential land, land used for agriculture, fisheries and/or land used for community activities.

Governments may 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.

Communities may also be split or separated from neighbouring communities by the development.

What are the main issues for the utilities and waste management sector?

CONTROLS AND MITIGANTS

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SOCIETY AND GOVERNMENTS

CUSTOMERS: ACCESS TO BASIC SERVICES

What does this cover?

Electricity, water and waste management services have a direct impact on the living conditions and health of customers. Lack of access to these basic services may impact on human rights eg: the right to an adequate standard of living, the right to health, the right to water, and the right to enjoyment of property.

What are the main issues for the utilities and waste management sector?

VANDALISM, TERRORISM AND SABOTAGE

What does this cover?

Basic infrastructure such as electricity pylons and substations may be targets for vandalism, terrorism or sabotage during construction or when operational. Water supplies may be at risk of being poisoned and contaminated.

What are the main issues for the utilities and waste management sector?

CORRUPTION / BRIBERY

What does this cover?

The sector tends to be highly regulated or part-owned or fully-owned by the state. In some jurisdictions the relationship between private sector and state may be associated with significant levels of bribery and corruption. This may result in taxes and revenues being diverted away from social infrastructure development, impacting the realisation of human rights such as access to education and health.

What are the main issues for the utilities and waste management sector?

CONTROLS AND MITIGANTS


TwentyFifty
October 2011