The Canadian organization Rights and Democracy has developed an assessment tool that communities can use to answer these questions for themselves. The system is called the “Getting it Right” Human Rights Impact Assessment tool, and is designed so that local organizations and citizens can, with minimal training, carry out their own study of how their basic rights -- such as free speech, water, safe working conditions, shelter, and education -- are affected by the actions of governments and companies establishing mines, agricultural operations, factories, or oil and gas pipelines.

“A lot of companies will do an impact assessment on their operations, using an outside consultant, but these don’t always do much for the stakeholders in the community, or promote accountability,” says Chris Jochnick, director of Oxfam America’s private sector program. “Helping community members conduct their own human rights assessment strengthens their capacity to examine their situation, frame their issues, and engage with a company or government,” he says. “We think this will produce a more robust and balanced assessment than one done by outsiders.”

The Rights and Democracy assessment tool helps people document how their rights are supposed to be protected under national law, and the actual effects of an investment project on these rights. It helps community leaders create a team, plan out the work and specific rights to assess, carry out surveys and community consultations, validate findings, write reports, and meet with companies and governments to urge action to address the problems uncovered in the assessment.

A tested tool

Rights and Democracy commissioned five assessments to test the system starting in 2005. One of them looked at the effects of a metal refinery on women’s rights in La Oroya, Peru, concentrating on the rights to water, health, adequate housing, and working conditions. It was done by the Centro de Promoción y Estudios de la Mujer Andina. The organization concluded that lack of enforcement of environmental rules by the state was one of the main contributors to the poor public health situation in the city. The report also cites lack of commitment by the Doe Run Peru SRL company to improve the environmental performance of the plant.

“By looking at the health problems in La Oroya through a woman’s eyes, this assessment helped uncover a pattern of children’s and reproductive health issues that was clearly connected to lead poisoning,” says Gabrielle Watson, Oxfam America’s planning and learning specialist who helped develop the assessment tool with Rights and Development.

Oxfam America is helping two organizations carry out a Human Rights Impact Assessment. One is related to a proposed natural gas operation in Bolivia where the Centro de Estudios Aplicados a los Derechos Economicos, Sociales y Culturales (CEADESC) will carry out the study with local Guaraní indigenous communities that were denied their right to be consulted about the gas exploration activities in their territory. The other case concerns tobacco pickers in the United States, and will be carried out by the Farm Labor Organizing Committee (FLOC). FLOC will look at efforts by migrant and undocumented farmworkers to improve working conditions on tobacco farms.

Watson says the human rights assessments will help people take control of the type of development carried out in their name. “Local people are the experts about human rights impacts of private investment projects in their communities. This tool puts them in the driver’s seat in the search for safer, more equitable outcomes that are good for everyone.”

"We applaud the Members of the House of Representatives who did the right thing and voted for this historic bill that takes a major step toward addressing global warming emissions and adaptation to climate change.

"While there are troubling shortcomings in the bill, it begins the critical process of putting us on a clean energy pathway here and around the world, and finally addresses the immediate needs of vulnerable communities everywhere who are being hit first and worst by the negative impacts of climate change. The bill is also a critical first step toward reasserting US leadership and building credibility to negotiate a global climate change agreement in Copenhagen.

"Thanks to House Speaker Nancy Pelosi, Chairmen Waxman, Markey, Rangel and many others, this bill begins to give the US some credibility at the international negotiating table.

"As Representative McGovern stated in his floor statement, 'Devoting portions of revenues from a cap and trade system to investments in international adaptation to those countries most vulnerable is a clear signal to the world that the US is ready to lead in combating global climate change.'

"The world will now watch as the debate shifts to the Senate. Oxfam America looks forward to working with Senators to strengthen this bill further.

"Doing so would help create the kinds of business and job opportunities critically needed to build a greener and more sustainable US economy. Doing so would strengthen our national security, save lives and build more secure livelihoods for vulnerable communities facing droughts, food shortages, flooding, health risks and other disastrous consequences from global warming."

Last month, Newmont released the results of an independent review, which provides information about the company's community relationships and important recommendations for improving operations on the ground. The review, the first of its kind by a major mining company, came at the request of shareholders, led by New York-based Christian Brothers Investment Services, concerned about protests and environmental problems at Newmont's mining projects around the world. The company will formally present the results of the report to shareholders at the annual meeting.

"We commend Newmont for conducting a critical assessment of their community relationships. As shareholders gather this week, plans for urgent action to improve relations with the communities living near its operations should be at the top of the agenda," said Raymond C. Offenheiser, president of Oxfam America.

Recommendations from the report include handling community conflicts at an earlier stage, holding management accountable for community relations, and establishing effective grievance processes at all sites. The report indentifies problems with Newmont's community interaction at several locations, including sites in Ghana and Peru.

Nearly 10,000 villagers, mainly poor farmers, were displaced by the Newmont's Ahafo mine in Ghana. The report identified the long-term success of the resettlement as one of the greatest risks confronting the project and called on Newmont to actively monitor the implementation of resettlement. Newmont and the World Bank (IFC) will be conducting an audit of the resettlement program this year. Oxfam urges Newmont to make the audit process transparent and participatory.

Newmont's Yanacocha mine in Peru has been the site of repeated protests and violence in recent years. In 2007, local mining activists were the targets of harassments and death threats.

"The report identified an atmosphere of fear and intimidation among local residents at the Yanacocha mine, who worry about speaking out against the company out of fear of harassment by the mine's security forces," said Offenheiser. "It is very troubling that people are afraid to peacefully express their concerns. Newmont must address this situation immediately."

Communities affected by mining projects should have a role in decision-making about how the project will affect their lands and livelihoods. The report recommends an action plan that includes clarification of Newmont's commitment to the principle of free, prior and informed consent for communities.

"Newmont's endorsement of the principle of free, prior and informed consent for communities would be an important step forward," said Offenheiser. "The key now is to engage with local communities and apply this principle to company practice. We are pleased that Newmont's board of directors has accepted the report's analysis and recommendations and directed management to engage with affected communities on the report's findings."

The Newmont report also highlighted community concern about lack of access to information about the revenues the company pays to local and national governments, leaving communities unable to hold their governments accountable for how mining revenues are used.

"Newmont has been a leader in committing to greater transparency and can help address community concerns about revenue sharing by recommitting to disclose all payments made to host governments," said Offenheiser. "Endorsing mandatory public disclosure policies like the Extractive Industries Transparency Disclosure Act would be an important first step."

Oxfam advocated passage of the Extractive Industries Transparency Disclosure Act, legislation that would require all mining, oil, and gas companies registered with the Securities and Exchange Commission to disclose the payments made to foreign governments. The bill, which was introduced by House Financial Services Committee Chairman Barney Frank (D-MA) in the 110th Congress, is expected to be reintroduced shortly.