Mining Ombudsman, Oxfam Australia
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About
Before the Oxfam Australia Mining Ombudsman was wound up at the end of 2009, it was the only fully operational trans-national dispute resolution mechanism specific to the mining industry in the world. The ombudsman’s jurisdiction however was strictly limited to just Australian mining companies operating overseas. Since 2000, the ombudsman has responded to 12 complaints and published 26 reports on a range of mining and community related issues.
What kinds of complaints can be handled?
The role of the Ombudsman was to respond to concerns raised by local and indigenous communities that related to activities being carried out by Australian mining companies operating offshore. The ombudsman refered to human rights standards in its assessment of the community-company conflict.
Who can access the mechanism?
This mechanism was open to any individual adversely affected by the actions of an Australian offshore mining company.
What processes are used?
The Ombudsman focused on community participation, engagement and on the opening up of communication lines between the mining company and the local community. If community-company dialogue did not ensue after the Ombudsman had investigated and informed the mining company of the existence of a community grievance, the Ombudsman was subsequently inclined to place further pressure on the company through the use of media exposure, political pressure and indirect persuasion via the use of discussions with influential individuals in the finance sector.
What are the possible outcomes or available resolutions to complaints?
Communication lines between the local community and mining company opened up. Australian mining companys have provided the local community with clean water supplies and addressed many other community greivances as a result of the mining ombudsman's interventions (See for instance case stories on the Tolukuma Gold Mine and Tintaya mine).
Can the decision be appealed?
Can outcomes be monitored?
Can outcomes be enforced?
Other characteristics of the mechanism?
Relevant Websites
Keywords
Oxfam, Mining Ombudsman, Community Grievance
Relevant Countries
Authors
| Original Author(s) | Jack Williams |
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References
Related case stories
