access facility available grievance mechanisms for company...

ACCESS Facility

Available Grievance Mechanisms for Company-Community Conflicts in CELAC Countries

State of play, challenges, and practical examples

EU-CELAC seminar on Corporate Social Responsibility

Brussels, 11 October 2013

Serge Bronkhorst Managing Director of ACCESS Facility

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www.accessfacility.org

To support effective problem solving for company – community conflicts.

2 Launched in December 2012

Our mission.

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1. State duty to protect against human rights abuses by third parties, including business.

2. Corporate responsibility to respect human rights.

3. Need for greater access by victims to effective remedy, both judicial and non-judicial.

UN Guiding Principles on Business and Human Rights

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ACCESS Facility is based on the following

needs:

1. Demystify non-judicial dispute resolution processes;

2. Lack of information available for businesses, communities and civil society organizations to make informed choices on grievance-handling options;

3. Challenges in identifying effective “third-party neutrals” (facilitators or mediators);

4. Concerns that the parties to disputes often lack the capacity to participate effectively in mediation processes.

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ACCESS to

reliable resources a community of practice new and actionable insight capacity building and expert resources

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Company-level GMs (Multi-) Industry-level GMs International and Regional level GMs National level GMs

Ad hoc dialogue-based processes: when parties agree to solve their problem themselves by involving a professional facilitator/mediator as third party neutral.

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Types of non-judicial grievance mechanisms (GMs).

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= OECD NCP

= NHRI

National level grievance mechanisms in CELAC member states.

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ForUM and Friends of the Earth Norway vs Cermaq ASA.

Issue: indigenous peoples rights, labour rights, trade union practices and

environmental due diligence in Canada and Chile.

= OECD NCPs: Norway, Canada and Chile

= Company: Cermaq ASA (headquarters Norway)

= Location of the impact: Chile

= Complainants: ForUM and Friends of the Earth Norway

Nicaragua Sugar Estates Limited (NSEL) / Communities of Léon

and Chinandega in Nicaragua. Issue: health problems of workers and community members.

= Compliance Advisor / Ombudsman (CAO)

= Company: Nicaragua Sugar Estates Limited

= Location of the impact: Nicaragua

= Complainants: Chichigalpa Association for Life (ASOCHIVIDA)

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CEDHA et al. vs Nidera.

Issue: workers rights and health and safety conditions.

= OECD NCP’s: Netherlands and Argentina

= Company: Nidera S.A. (headquarters Netherlands)

= Location of the impact: Argentina

= Complainants: CEDHA, Fundación INCASUR, Oxfam Novib, SOMO

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Capacity building to enhance access to effective remedy for:

o Business (especially SMEs): improve understanding on how to effectively manage and solve grievances and prevent them from escalating

o (Representatives of) local communities: help them better understand the available options of both judicial and non-judicial grievance handling options

o Both parties: Skills-building to participate effectively in mediation – on an equal footing

o Operators of grievance mechanisms: how to improve their individual effectiveness

and the effectiveness of the remedy system as a whole

o Facilitators: context specific training in order to expand the global pool of professional company-community dialogue facilitators

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For more information please contact secretariat@accessfacility.org or visit www.accessfacility.org

ACCESS Facility

Supporting effective problem solving for company - community conflicts.