Lara Blecher publishes policy brief on engaging rights-holders in mining activities

The policy brief sets out the case for legally requiring companies – particularly mining companies – to engage meaningfully with affected rights-holders. The brief highlights the importance of such a requirement not only to protect this group but to prevent, mitigate and rectify operational, reputational, legal and financial risks to businesses.

Highlighting the costs of failing to require appropriate rights-holder engagement in national and international laws, from humans rights violations by states and human rights abuses by companies to business costs to companies and their investors, the brief argues that the most effective way to require meaningful engagement is through including relevant provisions in both corporate law mechanisms and the mandatory human rights and environmental due diligence (mHREDD) legislation that is emerging globally.

Commenting on the brief, Lara Blecher said:

“Mining company and human rights interests are usually framed as being in opposition. Most of the time this is a false dichotomy. Rights holders are often workers at the mining companies or residents in communities affected by mining companies. Mining companies and rights holders therefore have many common interests, but the latter groups tend not to have their needs heard or considered because of power asymmetries between these parties. The recommendations in this brief are aimed at helping to ensure that mining companies can use rights holder input to respect human rights in line with international human rights law and consequently improve their business performance, especially in the context of the green energy transition."

View or download the policy brief:

A Missed Opportunity: The Consequences of Failing to Engage Rights-Holders Affected by Mining Company Activities

This policy brief was developed through a dedicated programme within the Faculty of Laws which supports the translation of academic research for a policy audience, in partnership with the UCL European Institute.

For more information on this programme, contact Lucy Shackleton, Head of Policy and Partnerships, UCL European Institute or Dr Pedro Schilling de Carvalho, Assistant Professor (Lecturer) in Financial and Environmental Law and Research Impact and Engagement Lead at UCL Faculty of Laws.