The presence of the investment should not have caused the strife between
community members, or among communities in the same locality. Groups must
not have been pitted against one another during the company’s attempt to win
over more influential decision-makers. Decisions of one or several subgroups
should not be considered as definitive, if these run contrary to considerations of
other equally-affected clusters. There should be no preferential treatment over
some groups in the community over others during consultations, in workers and
employees, in benefit-sharing, and in providing apt protections and remedial
measures to grievances. (6 points)
Indicator 18. No community leader or member was physically and
psychologically harmed, or harassed legally/criminalized by the investor/company.
Investors should engage peacefully and constructively with community members
or leaders who may strongly oppose the investment during the negotiation stage
and as the company proceeds with its operations. Companies must offer options
for resolve and/or compromise, instead of resorting to the use of intimidation,
force and violence to rid the community of opposing opinions. (6 points)
REMEDY
Indicator 19. The investing company has available, accessible, and userfriendly grievance mechanisms. Should conflicts arise, companies must have
institutionalized means of addressing them in a swift, transparent, and just
manner. Localized and affordable grievance mechanisms must be available to all
stakeholders who may be affected by the investments. Responding to conflicts
and concerns should begin with an accessible complaints desk, and must
continue on to systematic monitoring of complaints until the enforcement and
observance of resolutions reached by conflicting parties. Rights holders ought
to be able to understand and follow the processes involved in these mechanisms
easily. Grievance mechanisms must be reflected in companies’ investment and
management policies and contracts. (5 points)
Indicator 20. Communities displaced by the investor/company were
provided with safe relocation, just compensation, restitution, and/or rehabilitation.
Appropriate remedies must be implemented to address negative effects of the
investment. In cases where families or communities had to vacate the area in
question because of the investment, the company must provide compensation
and relocation, if it can no longer facilitate the return of the families into their
ANGOC and KPA
95
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