GIZ Report: Exploring the Remedy Gap in the Large-Scale Mining Sector

30 July 2024

In July 2024, GIZ released a review of grievance mechanisms in the extractives sector, looking at how they work at the international, national and operational level.  The report found that despite the variety of mechanisms there is often a failure to create ‘remedy’ – particularly in the case of serious human rights allegations.

ASI was noted as one system that is ‘promoting approaches to comprehensive complaints mechanisms’ through its standards.  Through ASI’s own complaints mechanism, the number of complaints processed is still low:  so far ASI has received and published 3 formal complaints.  Additionally, and not noted in the report, ASI works through the Indigenous Peoples Advisory Forum (IPAF) to elevate and support their complaints to operational level grievance mechanisms. Later this year we plan to share some further reflections on operational grievance mechanisms and how they have benefited from dialogue.

The GIZ report includes the following recommendations to companies in the extractives sector managing operational level grievance mechanisms (OLGMs):

• View rights holders as active contributors, not just beneficiaries and involve them in designing and operating OLGMs thus incorporating diverse perspectives and assuring the technical and cultural appropriateness of the GM and the adequacy of remedies provided.
• Engage in continuous dialogue with rights holders right from the beginning of the mining operations thus fostering trust and strengthening the legitimacy of the OLGM.
• Ensure accessibility for all persons affected, including women and vulnerable groups.
• Establish independent advisory committees or collaborate with external bodies like NGOs, trade unions or multi-stakeholder initiatives (MSIs) to enhance legitimacy, equitability and transparency of the OLGM.
• Disclose information on the types of grievances received and the remedies provided.
• Regularly evaluate the effectiveness of OLGMs, involve third parties in these evaluations, and openly share results to refine processes continuously. Emphasis should be placed on analysing the adequacy and fairness of remedies, especially from the perspective of the rights holders.

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