Business and Childrens Rights: Integrating UNICEF tools into HRIA

Business and Childrens Rights: Integrating UNICEF tools into HRIA

NomoGaiaKendyl Salcito5 December 2013Children are rightsholders. They are impacted directly by projects, and indirectly, by project impacts on their families. As such, theres a natural reason for integrating childrens rights into general HRIA: it enables assessors to follow the complex pathways of impact and better identify means for mitigation and prevention of impacts. 1LaborWagesUnionsExploitive PracticesDiscriminationLabor LawsProject employment profileHealthHealth RegulationsUnderlying Health DeterminantsAccess and InfrastructureFoodInfectious DiseasesRisks to Safety & HealthEnvir.Surface Water and GroundwaterGeology/EcosystemAirPolit/LegalForm of GovernmentStrength of Civil SocietyLaw SystemsStrength of GovernanceNondiscrimination RegulationsCivil War/Conflict/SecurityEcon/ Cultur/ SocialDemographics/Local PsychologyEconomicsIndigenous PeoplesEducationNational CultureLocal CulturesLand the Project OccupiesContext

Project

CompanyThe process of integrating childrens rights into HRIA was two steps. First, ensure that UNICEFs indicators are included within the five broad catagories of rights topics we examine in our 300-indicator topic catalogs.

The catalogs differentiate contextual conditions from project impacts and company-wide policy and practice as a means to distinguish existing rights protections and violations from the projects interaction with them. Company indicators demonstrate corporate commitments as well as past problems, failures and successes 2Rights Sub-Categories

LaborWagesUnionsExploitive PracticesDiscriminationLabor LawsProject employment profileHealthHealth RegulationsUnderlying Health DeterminantsAccess and InfrastructureFoodInfectious DiseasesRisks to Safety & HealthEnvir.Surface Water and GroundwaterGeology/EcosystemAirPolit/LegalForm of GovernmentStrength of Civil SocietyLaw SystemsStrength of GovernanceNondiscrimination RegulationsCivil War/Conflict/SecurityEcon/ Cultur/ SocialDemographics/Local PsychologyEconomicsIndigenous PeoplesEducationNational CultureLocal CulturesLand the Project OccupiesChild-Relevant Rights TopicsPrinciple No.TotalRights TopicsLiving wage for parents to support families 3.4 24 Context, 20 Project TopicsEmployment terms/conditions3.4Freedom from child labor 2.1Caste conditions affecting children 1.2Permissive child labor laws10.1, 11Contracting and subcontracting risks11Existing civil registration; essential medicines3.233 Context, 18 Project TopicsProject plans for community health10.1Proximate, adequate, avail. clinics/staff/meds10.1Child stunting, wasting rates; access to food3.4Rates; risks associated with in-migration7.1Project engineering traffic, spills risks3.2, 5.1, 9.1Surface water and groundwater3.4, 7.133 Context, 30 Project TopicsRisks of natural disasters mitigation plans3.4, 9.1Dust quantity, content, proximity to community3.4, 7.1Government use of oppressive tactics43 Context, 20 Project TopicsActivity of national and international groupsAbility to sue for abuses (successfully)Government monopoly on violence9.1Exclusion from edu., health, participation1.2Emergency response policies; VPs adoption2.1, 8.1, 9.110.132 Context, 30 Project TopicsPercent of women in formal economy 3.4Education access and completion rates10.1Coalitions to support community, local culture10.1Acquisition policies, resettlement procedures7.2This devastatingly ugly slide depicts that process, showing where, for example, 3Rights Sub-Categories

LaborWagesUnionsExploitive PracticesDiscriminationLabor LawsProject employment profileHealthHealth RegulationsUnderlying Health DeterminantsAccess and InfrastructureFoodInfectious DiseasesRisks to Safety & HealthEnvir.Surface Water and GroundwaterGeology/EcosystemAirPolit/LegalForm of GovernmentStrength of Civil SocietyLaw SystemsStrength of GovernanceNondiscrimination RegulationsCivil War/Conflict/SecurityEcon/ Cultur/ SocialDemographics/Local PsychologyEconomicsIndigenous PeoplesEducationNational CultureLocal CulturesLand the Project OccupiesChild-Relevant Rights TopicsPrinciple No.TotalRights TopicsLiving wage for parents to support families 3.4 24 Context, 20 Project TopicsEmployment terms/conditions3.4Freedom from child labor 2.1Caste conditions affecting children 1.2Permissive child labor laws10.1, 11Contracting and subcontracting risks11Existing civil registration; essential medicines3.233 Context, 18 Project TopicsProject plans for community health10.1Proximate, adequate, avail. clinics/staff/meds10.1Child stunting, wasting rates; access to food3.4Rates; risks associated with in-migration7.1Project engineering traffic, spills risks3.2, 5.1, 9.1Surface water and groundwater3.4, 7.133 Context, 30 Project TopicsRisks of natural disasters mitigation plans3.4, 9.1Dust quantity, content, proximity to community3.4, 7.1Government use of oppressive tactics43 Context, 20 Project TopicsActivity of national and international groupsAbility to sue for abuses (successfully)Government monopoly on violence9.1Exclusion from edu., health, participation1.2Emergency response policies; VPs adoption2.1, 8.1, 9.110.132 Context, 30 Project TopicsPercent of women in formal economy 3.4Education access and completion rates10.1Coalitions to support community, local culture10.1Acquisition policies, resettlement procedures7.2child labor is considered among indicators pertaining to exploitive labor practices. #3.4 on labor rights for parents#5.1 (internalized by assessors but not incorporated as indicators) unintended use by children (petroleum syphoning)#7.1&7.2 With land acquisition children are a vital rightsholder group we created a whole separate module to look at this infectious disease, nutrition, educational achievement#8.1 children and security b/c kids can be used as fronts#11 supply chain screening and informal working conditions4Rights Sub-Categories

LaborWagesUnionsExploitive PracticesDiscriminationLabor LawsProject employment profileHealthHealth RegulationsUnderlying Health DeterminantsAccess and InfrastructureFoodInfectious DiseasesRisks to Safety & HealthEnvir.Surface Water and GroundwaterGeology/EcosystemAirPolit/LegalForm of GovernmentStrength of Civil SocietyLaw SystemsStrength of GovernanceNondiscrimination RegulationsCivil War/Conflict/SecurityEcon/ Cultur/ SocialDemographics/Local PsychologyEconomicsIndigenous PeoplesEducationNational CultureLocal CulturesLand the Project OccupiesChild-Relevant Rights TopicsPrinciple No.TotalRights TopicsLiving wage for parents to support families 3.4 24 Context, 20 Project TopicsEmployment terms/conditions3.4Freedom from child labor 2.1Caste conditions affecting children 1.2Permissive child labor laws10.1, 11Contracting and subcontracting risks11Existing civil registration; essential medicines3.233 Context, 18 Project TopicsProject plans for community health10.1Proximate, adequate, avail. clinics/staff/meds10.1Child stunting, wasting rates; access to food3.4Rates; risks associated with in-migration7.1Project engineering traffic, spills risks3.2, 5.1, 9.1Surface water and groundwater3.4, 7.133 Context, 30 Project TopicsRisks of natural disasters mitigation plans3.4, 9.1Dust quantity, content, proximity to community3.4, 7.1Government use of oppressive tactics43 Context, 20 Project TopicsActivity of national and international groupsAbility to sue for abuses (successfully)Government monopoly on violence9.1Exclusion from edu., health, participation1.2Emergency response policies; VPs adoption2.1, 8.1, 9.110.132 Context, 30 Project TopicsPercent of women in formal economy 3.4Education access and completion rates10.1Coalitions to support community, local culture10.1Acquisition policies, resettlement procedures7.2Exploitive Practices Freedom from child labor 2.1Conflict/Security Freedom from child labor 2.1Child labor resurfaces again in security, because the projects presence can sometimes draw criminal activity that capitalizes on the cheap labor of children. If you have amazing eyes, you can see that several other Checklist questions are listed here, including #3.4 on labor rights for parents and #7.1&7.2 With land acquisition. 5Category & Sub-CategoryTopicInputImpacted Rights & RightsholdersSocial/ Econ.Edu-cationSchool costsPublic school expenditure per student as a percentage of per capita GDP was 13.5% for private school and 28.6% for secondary school in 2003. UNESCO does not estimate private expenditure. Nondiscrimination; EducationGirl Children; the Poor; Rural residentsHealthRisks to SafetyTraffic accidentsTraffic accident risks have increased significantly, resulting in five deaths and three chemical spills in the past 24 months Children play in the streets, the road runs feet from the primary school. Right to Health

Employees; Contractors; Project Area Inhabitants; School ChildrenPolit/ LegalSecuritySecurity plansNinety-three guards secured the compound. That number was expected to decline to approximately 30 in the EIA, but such decreases are not currently under discussion. Security is mostly devoted to reducing theft, which is a major issue, and trespassing. There is little violent crime in the vicinity. Paladin is not a signatory to the Voluntary Principles.Security of PersonProject Employees; Contractors; Project Area Inhabitants; ChildrenSo then once the indicators for children are added children themselves need to be added. In our rights catalogs, a column for rightsholders compliments the column for human rights. What you see in the right is that actually several rightsholder group are composed of children. This impossibly wordy slide is here to depict elements of the assessment process to show the relationship between categories of assessment, inputs associated with contextual, project and company conditions, and the rights and rightsholders impacted.

6Category & Sub-CategoryTopicInputImpacted Rights & RightsholdersSocial/ Econ.Edu-cationSchool costsPublic school expenditure per student as a percentage of per capita GDP was 13.5% for private school and 28.6% for secondary school in 2003. UNESCO does not estimate private expenditure. Nondiscrimination; EducationGirl Children; the Poor; Rural residentsHealthRisks to SafetyTraffic accidentsTraffic accident risks have increased significantly, resulting in five deaths and three chemical spills in the past 24 months Children play in the streets, the road runs feet from the primary school. Right to Health

Employees; Contractors; Project Area Inhabitants; School ChildrenPolit/ LegalSecuritySecurity plansNinety-three guards secured the compound. That number was expected to decline to approximately 30 in the EIA, but such decreases are not currently under discussion. Security is mostly devoted to reducing theft, which is a major issue, and trespassing. There is little violent crime in the vicinity. Paladin is not a signatory to the Voluntary Principles.Security of PersonProject Employees; Contractors; Project Area Inhabitants; ChildrenSo then once the indicators for children are added children themselves need to be added. In our rights catalogs, a column for rightsholders compliments the column for human rights. What you see in the right is that actually several rightsholder group are composed of children. This impossibly wordy slide is here to depict elements of the assessment process to show the relationship between categories of assessment, inputs associated with contextual, project and company conditions, and the rights and rightsholders impacted.

7Category & Sub-CategoryTopicInputImpacted Rights & RightsholdersSocial/ Econ.Edu-cationSchool costsPublic school expenditure per student as a percentage of per capita GDP was 13.5% for private school and 28.6% for secondary school in 2003. UNESCO does not estimate private expenditure. Nondiscrimination; EducationGirl Children; the Poor; Rural residentsHealthRisks to SafetyTraffic accidentsTraffic accident risks have increased significantly, resulting in five deaths and three chemical spills in the past 24 months Children play in the streets, the road runs feet from the primary school. Right to Health

Employees; Contractors; Project Area Inhabitants; School ChildrenPolit/ LegalSecuritySecurity plansNinety-three guards secured the compound. That number was expected to decline to approximately 30 in the EIA, but such decreases are not currently under discussion. Security is mostly devoted to reducing theft, which is a major issue, and trespassing. There is little violent crime in the vicinity. Paladin is not a signatory to the Voluntary Principles.Security of PersonProject Employees; Contractors; Project Area Inhabitants; ChildrenAddressing Root Causes of Child Labour 2.2In actual assessment, numerous socioeconomic indicators are compiled so that contextual conditions like school costs can be contested with project impacts, like increasing wage rates. This just shows one of several indicators that answer Question 2.2 on Child Labour.

8Category & Sub-CategoryTopicInputImpacted Rights & RightsholdersSocial/ Econ.Edu-cationSchool costsPublic school expenditure per student as a percentage of per capita GDP was 13.5% for private school and 28.6% for secondary school in 2003. UNESCO does not estimate private expenditure. Nondiscrimination; EducationGirl Children; the Poor; Rural residentsHealthRisks to SafetyTraffic incidentsTraffic accident risks have increased significantly, resulting in five deaths and three chemical spills in the past 24 months Children play in the streets, the road runs feet from the primary school. Right to Health

Employees; Contractors; Project Area Inhabitants; School ChildrenPolit/ LegalSecuritySecurity plansNinety-three guards secured the compound. That number was expected to decline to approximately 30 in the EIA, but such decreases are not currently under discussion. Security is mostly devoted to reducing theft, which is a major issue, and trespassing. There is little violent crime in the vicinity. Paladin is not a signatory to the Voluntary Principles.Security of PersonProject Employees; Contractors; Project Area Inhabitants; ChildrenDoes the company ensure its facilities, properties and communication channels are not used to abuse, exploit or harm children and ensure the health and safety of children and families with children? 4.1The risks associated with traffic may be weighed against the accessibility for an ambulance to reach the community and transport an injured child to the hospital.All of this agglomeration of impacts is done through a macro-intensive excel database that runs algorithms to link rights and rightsholders and calculate impact scores. That makes more sense as its contextualized in an actual assessment, though9Kayelekera Case Study

Kayelekera uranium processing plant. Right over that hill is this village10

This presentation is organized by place, because often identifying impacts where children are visible helps reveal impacts they experience while out of the public eye. The obvious starting place is school.

11

Project improved the school significantly, replacing old buildings, adding new buildings and teacher housing, latrines, borehole.

12

Right to Education adequate space for learning, housing to retain teachers, competent staff...But also right to an adequate standard of living construction teams drawn from local communities... School girls earned money working construction. The children on the left are working under their mothers guidance.

13

The school was so significantly improved that children began arriving from far away towns, their parents recognizing that the educationwas likely to be better where the school was fully staffed. This resulted in an enormous student population influx. The school population went from 153 in 2006 to 531 in 2010. Standard 1 alone had 174 students during the peak population in Kayelekera. The school invested in 6 additional teachers to supplement the governments 6, so that 1 teacher could serve each standard from 5- 8 and two teachers could divide the large classes in standard 1, 2, 3, 4.

14

Dust emissions at school15

They also began attending secondary school in greater numbers.

But higher enrolment rates also correlated to higher dropout rates. The reason was the same, but the numbers changed early pregnancy had begun resulting in dropouts, when previously it had resulted in non-matriculation.

Girl student housing (only secondary school within at least 30 km radius)Girl student foodPresence (overabundance) of young men displaced from their families seeking work at the mine

Corporate impacts on teen dropout rates were difficult to establish without detailed interviews with students, which were not feasible as no parental consent could be obtained for the children whose parents lived far away. The company erred on the side of caution the school now requires that a guardian provide written consent that he/she will provide for the needs of students, documenting what will be supplied (including food, soap, cooking utensils, blankets). The company has also supported the local clinician whose clinic and house neighbor the secondary school, empowering him to support students where the need arises.

16

Also, the company contributed to improved maternal and child care. This young woman is carrying medicine on her head, shes just leaving the maternal and child health clinic, hosted fridays. 17

Clinic improved maternal and child care. Immunization rates of 130% ... Parents are coming from outside the area for immunizations hereWater and solar to the clinic improved conditions for night time births. Improved access to antibiotics that require refrigeration, improved sanitation

STIs and HIV have posed a major challenge to the health improvements. Project was slow to develop an HIV programme. Although condom use has soared in the area, girls in secondary do not seek family planning services, as it would be culturally problematic... The late development of a program contributed to rate increases that wouldnt be expected in a rural town. But the services brought to the rural area now outweigh services in any comparable areas. During nationwide ARV stock outs, communities near the Kayelekera mine did not experience stock outs.

18

Microloans...Marketplace photoMarket economy kids are growing up in a money economy which has implications for how they perceive their needs and aspirations. A parent told me the company is at fault for his kids bad behavior because recently his son stole grain from the household to sell at market to have cash with which to buy sodas for his friends. It was the companys fault because the week before a kayelekera employees son had bought sodas for all his friends, and reciprocity necessitated that his son return the favor.

The ways this affects children, and their relationships with parents, is complex. Heres another example

19Show a photo from 2013 site visit where the kids come through the fence into the pit to syphon fuel for criminal organizations

Kids syphoning fuel during blasting because they know the trucks will be empty.

20

The changes have been difficult, but the solution is not a return to how things were before. Much has changed.

This woman is not from the area, but she came seeking mine work. Instead, she found a man who promised to abandon his first wife if she married him. They got married, and no divorce happened instead, he got laid off from his mine job during a downsizing move.

She is pregnant, he has five children with his first wife, and he disappeared to the district capitol after collecting his severance pay. He is one of many men who took massive loans out from local banks when he became a salaried worker, using the money to upgrade his first wifes house, build his second wifes house, among other expenditures. Banks could repossess houses, but they have not, to date. What will become of this woman, her children, and her step-children is unclear. While he was salaried, he ceased collecting rent from the squatters living on his property. He hasnt returned from Karonga, and now his two wives fight over who can collect rent from these tenants. Both wives are now worried about how they will feed their children through the upcoming lean season.

21ContextRightChildrenGirl ChildrenOrphan & MigrantChildren of Laid-off Parents Right to Favorable Working Conditions-- Freedom from Exploitive Child Labor1.00-- Nondiscrimination--- Equal Pay for Equal Work--- Right to Just Remuneration--- Right to Security of Person -4.00-- Freedom from Forced Labour/Marriage, Slavery--- Right to Adequate Supply of Water/Sanitation--- Right to Clean Air/Environment--- Right to Health0.00-- Freedom of Residence--- Right to Housing--- Right to an Adequate Standard of Living--- Right to Food, Freedom from Hunger--- Right to Education1.00-- Right to Public and Political Participation--- Noninterference (Privacy, anticorruption)--- Right to Cultural Participation---Should I add the bizarre divide between the SDA and the presbyterian preschools?

Need a slide to tie together all the impacts on children... Use matrix then highlight children column... Show impacts on children and girl children with color codesThis organization, and the information obtained in the process of HRIA, makes detailed, project-specific recommendations possible.

22Thank you

NomoGaiawww.nomogaia.orgSalcito@nomogaia.org