Driving Responsible Exploration
Human Rights
Businesses have an important role to play in respecting human rights, as articulated in the ground-breaking work done by John Ruggie and his team when they put together the UN Guiding Principles on Business and Human Rights (UNGP). Respecting Human Rights is one of eight key pillars of PDAC’s principles and guidance notes, a resource that dates back to 2009 and continues to be a pillar of PDAC’s current advocacy efforts. The UNGP formed the basis for the human rights chapter of Driving Responsible Exploration - DRE (formerly known as e3 Plus), which was last updated in 2014.
In addition to clarifying the role of business, the UNGP also clarified that the primary responsibility for protecting human rights lies with states. This work distinguished between the role of ‘host states’ (i.e. the countries in which Canadian companies operate) and ‘home states’ (i.e. the countries in which exploration and mining companies are head-quartered/listed).
Canada, as a home-state, has formally acknowledged its responsibility to encourage Responsible Business Conduct (RBC) abroad and has committed to a 5-year strategy (2022-2027)Â on this topic. The balanced approach to RBC includes prevention, access to remedy and targeted legislation.
Human Rights Reporting
With prevention as the first pillar, Canada passed Bill S-211 in 2023: An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act. This act mandates transparency in supply chains, including mineral exploration. Entities are required to report on efforts to prevent and reduce the risk of forced labour or child labour from their structure, activities, and supply networks. This includes answering a questionnaire detailing policies, due diligence processes, and actions taken to ensure ethical practices in mineral exploration, promoting accountability and responsible sourcing.
Entities must conduct thorough evaluations to identify and mitigate these risks, as well as to provide training and remediation. Mineral exploration companies are encouraged to communicate with their suppliers, investors, and relevant partners to foster a shared commitment to eradicating modern slavery. This collaborative approach not only enhances awareness but also encourages continuing responsibility in the downstream stages.
PDAC has taken proactive steps to assist our members in fulfilling their reporting obligations via an informational video and a fillable PDF. Whether you're new to human rights or seeking to enhance your existing practices, please use our various resources to help you make the most out of your report.
PDAC has identified there is no set format for the PDF report that needs to be submitted and has taken the initiative to simplify the process and offer practical assistance. To achieve this, we have adopted Public Safety Canada's reporting questionnaire and transformed it into a fillable PDF template, outlining how all requirements under the act can be met.
A key component of the UNGP, is the concept of access to remedy; creating opportunities for communities outside of Canada that believe they have been negatively impacted by Canadian companies abroad to raise their concerns, and have those concerns responded to by Canada. There are currently three mechanisms through which communities outside of Canada can seek ‘access to remedy’. Two mechanisms are non-judicial in nature, namely the Office of the Canadian Ombudsperson for Responsible Enterprise (CORE) which was established in 2018 through an Order in Council and the National Contact Point (NCP) system Canada established forty years ago as a signatory to the Guidelines for Multinational Enterprises created by the Organization for Economic Cooperation and Development (OECD). The third is judicial, namely the Canadian courts as a forum for filing complaints against Canadian companies.
The CORE operates at arm’s length from Global Affairs Canada and is mandated to: promote the implementation of the UN Guiding Principles and the OECD Guidelines; advise Canadian companies on RBC-related policies and practices; review allegations of human rights abuses arising from the operations of a Canadian company abroad in the mining, oil and gas or garment sectors; offer informal mediation services; and, provide advice to the Minister of Small Business, Export Promotion and International Trade on any matter relating to the CORE’s mandate. The CORE can receive complaints; initiate joint and independent reviews; issue and follow-up on recommendations; and publish reports.