Implementing a Project-Level Grievance Mechanism. Presented by Monkey Forest Consulting

Transcription

1 Implementing a Project-Level Grievance Mechanism Presented by Monkey Forest Consulting

2 DESIGNING & IMPLEMENTING (OR IMPROVING) A PROJECT LEVEL GRIEVANCE MECHANISM Length of Lesson: 3 hours Instructors: 1 Primary 1 Assistant Method: Lecture, interactive group discussion practical exercise Description: This block of instruction is designed to provide the knowledge tools necessary to implement a new or improve an existing Grievance Mechanism at site level. The lesson exposes participants to a five-phase implementation model followed by a detailed look discusses at each step that is necessary to accomplish that phase. The block covers best practice notes lessons learned, or cautionary items, for each step. It ends with a practical workshop that has participants use the knowledge obtained to develop an implementation toolkit tailored to category 1-, 2-3-level projects.

3 DESIGNING & IMPLEMENTING GRIEVANCE MECHANISMS 5 PHASES Grievance & Track & Whether establishing a Community Grievance for the first time, or improving an existing one, the five phases outlined above provide a clear process.

4 SCOPING: ESTABLISH A DESIGN TEAM What to do: Form your design team Looking inside. Include staff of mixed seniority functions from the company (such as operations, environmental affairs, community relations, legal affairs, contractors). Staffing the design team from just one function, such as community relations or human resources, is unwise. Establish design team Caution: Teams must be representative manageable in terms of their size (8 to 12 members). Best Practice: a clear terms of reference a work plan that outlines team goals, roles responsibilities, level of decision-making authority, reporting lines, tasks, time frame, products.

5 SCOPING: ENGAGE EXTERNAL STAKEHOLDERS Objective: Establish early support get preliminary feedback from a balanced group of community stakeholders. What to do: Consult select stakeholders on key elements of mechanism like access points, culture, etc. Determine the role mate of external stakeholders. Look for key community champions who can build support people who represent the community (traditional leaders, elected officials, etc.) Engage External Stakeholders Best Practice: Engagement dialogue of external stakeholders during the design process is essential to build early trust in the CGM. Attention: Start narrow then consult broadly, especially other stakeholders who may be relevant to the grievance hling process, such as Joint Venture partners, regulators or contractors. Attention: Determine the timing of involvement of CGM users: too early poses process control management risks; too late risks undermining the CGM s perceived legitimacy.

6 SCOPING: DEFINE AND DETERMINE GOALS Objective: Define scope determine goals The design team estimates the scope of grievances to be hled the purpose goals. What to do: Preliminary review of the type of grievances that are likely to arise or have arisen so far This estimate will be solidified in the risk assessment phase but helps establish meaningful goals up-front The design implementation must respond directly to the purpose goals defined. The purpose goals must respond to fundamental questions: Why is a grievance mechanism being established? -- What do we hope to achieve in both the short long term?

7 SCOPING: DEFINE AND DETERMINE GOALS What to do (cont): Also discuss the system s purpose the underlying power relationships between the company community. Consider: Will the mechanism be oriented primarily around concerns of the community or around joint concerns of the company community? Is the mechanism oriented toward identifying root causes of conflict addressing them through systemic change, or is it exclusively focused on the resolution of individual complaints? Best Practice: Prioritize the type of complaints that the mechanism will primarily target. Attention: How can the grievance mechanism be structured in a way that does not reinforce power inequities?

8 PHASE 2. ASSESS GRIEVANCE RISK Determine exposure to grievance Determine impact on scale design

9 ASSESS RISK - DETERMINE EXPOSURE TO GRIEVANCE Objective: the exposure of the project or asset to grievance complaint risk to help guide decisions about design resourcing What to do: Conduct a ment to assess your exposure to grievances. See IPIECA ment Tool Determine exposure to grievance Attention: The most effective way to assess complaint or grievance risk exposures is through ongoing stakeholder consultation. Best Practice: The procedure should be scaled to risk impact meaning design resourcing should be proportional to the impacts on affected stakeholders the complaint risk faced by the company.

10 ASSESS COMPLAINT RISK - DETERMINE IMPACT ON SCALE AND DESIGN Determine impact on scale design ment Checklist

11 PHASE 3. DEVELOP PROCEDURE A new grievance mechanism Improving existing procedures Management framework

12 CASE STUDY: XSTRATA TAMPAKAN PROJECT Xstrata became involved in the Tampakan Copper-Gold Project in the Philippines in It implemented one of its template Grievance Management Plans into the Project shortly after becoming involved. For several years, management felt the plan worked effectively thought it rarely recorded any grievances from local communities. Is a GMP that produces very few grievances a sign of good management or a good grievance system? Discuss.

13 CASE STUDY: XSTRATA TAMPAKAN PROJECT In the end, the Grievance Design Team designed an entirely new GMP that reflected built in customary traditional indigenous (B laan) dispute resolution mechanisms. The new GMP was re-launched became widely used by all local community stakeholders. It was a system that they easily understood, was based on their values still fit into the company s goals & objectives met international best practice stards.

14 PHASE 3. A NEW GRIEVANCE MECHANISM Objective: Establish a new Community Grievance procedure implementation plan Best Practice: Characterize existing community systems for hling grievances locate local dispute resolution capacity. Evaluate dynamics working for or against the introduction of a grievance mechanism inside outside the company. Attention: The Implementation Team is responsible for ensuring compliance with applicable laws & regulations conformance with voluntary commitments. Before you implement, take advice from your Legal Counsel. A new grievance mechanism What to do: Define the scope of grievances accepted, the response to complaints outside your area of responsibility. Incorporate findings from grievance risk assessment into the CGM implementation plan. Use a generic Community Grievance Template procedure as a starting point (see h-out) then modify the roles, responsibilities workflow as needed. Prepare an implementation plan that documents how the Community Grievance procedure will be implemented. Use the template as a starting point.

15 STEPS FOR GRIEVANCE PROCESS Step 1 Receive, Acknowledge Track Step 2 Screen, Assign Step 3 Investigation Step 4 Resolution Options Respond Resolve successfully Appeal Step 5 Follow-up Close Out Step 6 Learn Report

16 PHASE 4. REVIEW AND LAUNCH refine the design Design roll-out plan Publicizing getting the word out to communities Train support participants Test launch

17 PHASE 4. REVIEW AND LAUNCH Objective: Design the dissemination the roll out plan What to do: Design roll out plan The goal of this phase is to introduce the grievance mechanism promote its use. Successful implementation requires: Marketing materials that describe the mechanism its benefits in simple visual terms Best Practice: The following points are worth considering when developing briefing sessions for company employees contractors: Focus sessions on why the grievance mechanism is in place; A communication outreach strategy that educates community members company or contract managers employees about the system their role Training for personnel administering the system for those designated to accept complaints. Discuss roles expectations of employees contractors; Highlight the constructive role of community dissent in project operations; Emphasize that there will be absolutely no reprisals.

18 PHASE 5. TRACK & MONITOR Collect social performance data effectiveness of mechanism Learn improve

19 PHASE 5. TRACK & MONITOR Objective: Collect social performance data monitor effectiveness of the CGM Collect social performance data What to do: Collect data - number, type severity of grievances received, other KPI repeat grievances Track data - measure the effectiveness of the Mechanism such, timelines, consistency in responses etc. Track user satisfaction - on outcome as well as process Root cause analysis What caused a grievance how to prevent its reoccurrence. Best Practice: Set targets that encourage questions grievances to be captured. Operations with more grievances often have better relationships than those with fewer. Attention Box: Seek feedback from stakeholders about how the Community Grievance Mechanism is functioning. Tools: outcome forms Grievances Tracking Spreadsheet

20 PHASE 4. REVIEW AND LAUNCH Best Practice: Questions targeted toward evaluating organizational learning improving company policies, procedures, operations include: Initiating Kick Off Learn improve What kind of demonstrable change improvement is the mechanism producing in project operations, management systems, benefits for communities? How does the mechanism facilitate identification of root causes of conflict? What actions has the company taken to address these root causes? Is the company adopting any structural changes? Best Practice: Provide transparency to external stakeholders on the trends in grievances observed the results effectiveness of the mechanism

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