Abstract
This legal study explores the case of Kinross gold mine in Paracatu, Brazil, and the corporate responsibility to respect human rights. In the past decades, enterprises have been looking after more responsible social-environmental practices by designing their bylaws in compliance to the Guiding Principles on Business and Human rights and other national requirements. This paper sheds light specifically on the design of the firm’s due diligence practices and operational-level grievance mechanisms. If, on the one hand, Kinross shows policy commitment to applicable norms, on the other hand, local communities still claim to be impacted by health, infrastructural and environmental damages. In such a contentious situation, the biggest matter lies on the inability of affected stakeholders to seek redress and of the firm, to manage its own policy. Looking at the realization of human rights and at more respectful business-community relations, this article highlights means of improving the enterprise’s legal mechanisms and other possible causes of inefficacy that affect the firm’s ability to respect human rights.
Highlights
In 2011, a United Nations-based initiative set new guidelines on the matter of respect, protection and remediation of human rights
By exploring Kinross’s bylaws and publicly available statements, this article examines if the corporation corroborates to those guidelines, on the matters of human rights due diligence and operational-level grievance mechanisms
There has been plenty of research about foregone environmental catastrophes and human rights impacts in Brazil, this paper sheds light upon current challenges faced by Paracatu’s local communities
Summary
In 2011, a United Nations-based initiative set new guidelines on the matter of respect, protection and remediation of human rights. It might be that those codes are already in partial or full conformity to applicable standards In such a possible scenario, more harmonic business-community relations could have been expected, it will be clear that issues lie in other sphere(s) than on the policy of human rights due diligence and operational-level grievance frameworks presented on paper. This would be a very important result, because it would highlight other matters that require attention by the firm. Adjacent are namely the neighborhoods of Alto da Colina, Bela Vista II, Amoreiras II, Esplanada, Sao Domingos, Santa Rita, Lagoa de Santo Antonio and Santo Eduardo
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