|CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU
Some specific sectors have adopted RBC approaches to a greater extent, such as mining, hydrocarbons, energy, and agriculture. In 2002, the SNMPE (Sociedad Nacional De Mineria Y Petroleo Y Energia) approved a Code of Conduct, which has been developed over the years with the incorporation of new principles in 2016 and 2018.
In 2019 the SNMPE developed a general human rights policy model for its members, which is based, on the OECD Guiding Principles and Guidelines, and integrates a risk-based due diligence approach (OECD, 2020b, p. 23). It has also established a national dialogue platform for mining (Mining for All), which provides guidance on how to receive complaints and respond to community demands, as well as a communication platform, which presents its environmental and social projects and their contribution to the SDGs (COM-Unity). – page 32/33
In the area of mining, the Responsible Mining Founding report (RMF & Centro Vincular-PUCV, 2020) evaluates mining companies based on their policies and practices concerning economic, environ- mental, social, and governance issues, scoring each category from 0 to 6. In the 2020 edition, the RMF evaluated 38 mining companies. Of this group, 12 companies have mining units in the country, of which Anglo American, Rio Tinto, and BHP Group stand out as having achieved a score of 3 or more in at least one category. – page 34
On the other hand, some cases have been identified in business sectors such as mining, hydrocarbons, and large-scale agriculture, where gaps persist that reflect a situation where very opposing positions and demands -mainly between companies and civil society- converge. Along these lines, the impacts on human rights that these activities have produced have given rise to serious concern about the possible risks that they may currently generate, to which must be added the scant information available to indicate that the companies in these sectors have adopted adequate measures to avoid these impacts. – page 35
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. General Conclusions of the Diagnosis and Baseline
A series of commitments have been made by companies to respect human rights, commitments that have been translated into documents such as the “Guide for the Peruvian business sector on business and human rights”, prepared by Confiep and the Global Compact of Peru (2019), as well as codes of conduct, corporate policies, and even management protocols, mainly in the mining, hydrocarbons, energy and agriculture sectors. – page 40
3.2. Conclusions of the specific issues
Human rights defenders
(…) According to the MINJUSDH registry, situations of violation of the rights of human rights defenders are due to economic informality, the lack of legal security in the titling of communal lands, the resulting land trafficking, and criminality associated with illegal mining and illegal logging, and drug trafficking. – page 47
Mining is one of the most important economic activities in the country and, in recent years, due diligence mechanisms have been widely adopted for the formal mining sector. Progress has been made in the negotiation of land transactions due to the dialogue mechanisms and, therefore, it is essential to strengthening them considering the land-use planning policy. In addition, the prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities. Progress has also been made in social conflict prevention mechanisms, although the creation and implementation of a national prevention system is still pending.
The distrust of certain sectors towards mining activity merits a public policy that considers actions to monitor the progress of the business sector in the implementation of due diligence mechanisms, as well as transparency, training and multi-stakeholder dialogue, and greater dissemination of progress. On the other hand, Peruvian legislation has made progress in dealing with environmental mining liabilities; however, problems persist in rehabilitating environmental liabilities generated by informal and illegal activity. Complaints of heavy metal contamination deserve timely attention, a good example being the work of the Temporary Multisectoral Commission on the matter. – page 50
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 3: Design of public policies that promote respect for human rights by companies through accountability, investigation, and sanction for the impacts of their activities.
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
Action: Produce, in coordination with the business sector, organized civil society and the competent state sector, a guide aimed at small-scale mining units to promote their formalization and, progressively, a culture of due diligence.
Background: The guide will specifically address the GP-RBC postulates in order to promote the formalization of small-scale mining units that are in this process and progressively implement a due diligence culture, taking into account their peculiarities. The guide will be developed with the business sector and civil society, and its implementation and follow-up will be promoted.
Indicator: Due diligence guidelines for small-scale mining units developed, submitted, and implemented. Follow-up reports on the implementation of the guide (Action Indicator). – page 108