(3)Proactive Conflict Prevention: Evaluating Effectiveness of a Site Level Grievance Mechanism in Peru

摘要

The UN Guiding Principles (UNGPs)on Business and Human Rights include a requirement to provide access to remedy through a site level grievance mechanism that meets the criteria of accessible, predictable, equitable, transparent, legitimate, rights compatible, engagement and continuous learning. Most major extractive companies now have mandatory requirements for site level grievance mechanisms aligned with the UNGP criteria, however, the reality of implementing a truly effective mechanism is challenging. The time and effort required to do so is often significantly underestimated internally within the company, however, so is the value of an effective mechanism to both the company and stakeholders. There is an additional challenge of building the trust of external stakeholders in a formal mechanism in a context, such as Peru, when levels of trust in public institutions and extractive companies is continually evidenced by surveys as being very low. This article focuses on how Anglo American's Quellaveco (AAQ)project has developed and strengthened its grievance mechanism 'Anglo American te escucha' ('Anglo American is listening to you')over the last three years, implementing a cycle of continuous learning. It analyses the internal impact of the mechanism in terms of cross-disciplinary alignment, early prevention and mitigation of risk, type of corrective and preventative actions implemented and stakeholder satisfaction. The conclusion shares key lessons learned for the implementation of effective grievance mechanisms at site level as well as identifies areas for further strengthening of the Quellaveco mechanism.