03 – Human Rights
ICMM company members commit to respect human rights and the interests, cultures, customs and values of workers[1] and communities affected by our activities
ICMM members undertake to uphold the UN Guiding Principles on Business and Human Rights, and to cooperate in processes that remedy adverse impacts on the rights of employees and local communities.
Performance Expectations
Developed with extensive input from non-governmental organisations (NGOs), international organisations and academics, our Mining Principles establish baseline performance expectations for a responsible mining and metals industry. ICMM's Mining Principles include nine Performance Expectations under Principle 3: Human Rights.
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3.1 – Respect Human Rights
Support the UN Guiding Principles on Business and Human Rights by developing a policy commitment to respect human rights, undertaking human rights due diligence and providing for, or cooperating in processes to enable the remediation of adverse human rights impacts that members have caused or contributed to.
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3.2 – Avoid Involuntary Resettlement
Avoid the involuntary physical or economic displacement of families and communities. Where this is not possible apply the mitigation hierarchy and implement actions or remedies that address residual adverse effects to restore or improve livelihoods and standards of living of displaced people.
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3.3 – Manage Security While Protecting Human Rights
Implement, based on risk, a human rights and security approach consistent with the Voluntary Principles on Security and Human Rights.
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3.4 – Respect the Rights of Workers
Respect the rights of workers by: not employing child or forced labour; avoiding human trafficking; not assigning hazardous/ dangerous work to those under 18; eliminating all forms of harassment and discrimination; respecting freedom of association and collective bargaining; and providing an appropriate mechanism to address workers grievances.
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3.5 – Provide Fair Pay and Working Hours
Equitably remunerate employees with wages that equal or exceed legal requirements or represent a competitive wage within that job market (whichever is higher) and assign regular and overtime working hours within legally required limits.
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3.6 – Respect Indigenous Peoples' Rights
Respect the rights, interests, aspirations, culture, Indigenous knowledge and natural resource-based livelihoods of Indigenous Peoples in project design, development and operation; carry out due diligence to address potential adverse impacts; and share benefits in a manner that is aligned with Indigenous Peoples’ aspirations for social and economic development.
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3.7 – Obtain agreement with affected Indigenous Peoples
Obtain agreement with affected Indigenous Peoples demonstrating their consent to anticipated impacts to their land or other rights, and setting out the terms by which impacts may occur and be managed. Where potential impacts include the relocation of Indigenous Peoples from their lands or territories, or significant impacts to their critical cultural heritage, companies will explore feasible alternatives to project design in order to avoid such impacts. If relocation and/or significant impacts on critical cultural heritage are unavoidable, companies will obtain agreement demonstrating the consent of affected Indigenous Peoples in accordance with ICMM’s Indigenous Peoples and Mining Position Statement. In any instance where agreement is not obtained, ICMM members will develop a policy or approach outlining the steps they have taken to fulfil the commitments set out in the position statement.
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3.8 – Promote Workplace Diversity
Implement policies and practices to respect the rights and interests of women that reflect gender-informed approaches to work practices and job design, and that protect against all forms of discrimination and harassment, and behaviours that adversely impact on women’s successful participation in the workplace[2].
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3.9 – Promote an Inclusive Workplace
Implement policies and practices to respect the rights and interests of all workers[3] and improve workforce representation in the workplace so it is more inclusive.
Supporting Global Goals
As momentum behind the UN Sustainable Development Goals (SDGs) continues to grow, there is mounting pressure on the private sector to support the delivery of a wide variety of development objectives. ICMM’s Mining Principles can support the mining and metals industry in addressing climate change, ending poverty and tackling rising inequalities.
Each SDG connects with or can be directly influenced by ICMM’s Mining Principles. Unlike many other sectors, there is no primary point of connection between mining and a single SDG. Instead, operations have the extraordinary potential to contribute to several goals at once. The contribution mining products to almost every aspect of life is arguably becoming more important than ever – with metals and minerals enabling the innovations needed to deliver pathways to a greener, safer and more sustainable future.
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Notes
1. 'Workers' is defined in the Health and Safety Performance Indicators Guidance, 2021, as 'people who are engaged in work-related activities on behalf of an employer. Workers may be employees, contractors or third parties'.
2. 'Workplace' is defined in the Health and Safety Performance Indicators Guidance, 2021, under work environment as 'the establishment and other locations where one or more workers are engaged in work-related activities as a condition of employment. The work environment includes not only geographic or physical locations but also the equipment or materials used by the worker during the course of his or her work'.
3. All workers regardless of sex, gender, national origin, Indigeneity, age, caring responsibilities, cultural background, ethnicity, linguistic background, physical or mental ability status, religious affiliation, sexual orientation, gender identity, intersex status, socio-economic background and/or other categories of under-representation.