Inequality of Arms

MiningWatch Canada has reviewed previously Acacia’s Standard Operating Procedure for the new mechanism and provided a detailed critique, expressing our concerns, particularly in regard to lack of independence of the mechanism and its procedures from the mine and the fact that the extraordinarily large power imbalance between largely illiterate and impoverished villagers and the mine’s legal and in [...] In 2012, when the Leigh Day law suit was being prepared, the mine created what it called a “Community Grievance Process.”5 Many victims of human rights abuses who were already clients of Leigh Day6 were approached by the mine, without the benefit of the presence of their UK-lawyers, and persuaded to drop their legal claims in return for remedy packages provided by the mine.7 These victims were req [...] First “facilitated dialogue” between the mine and the grievant, followed by another session in front of the Grievance Committee if there is no agreement on remedy between the mine and the grievant. [...] Further: • The SOP notes that one of the responsibilities of the Grievance Team is “explaining to Grievants how the Grievance Process works” (p.6) • The SOP notes that grievants “shall be offered vouchers for four hours of legal advice and assistance, redeemable upon submission of tax invoices from qualified legal representatives of their own choosing.” (p.13) • The SOP refers to documents that ma [...] For example, in regard to the Grievance Committee hearings the SOP notes: “With respect to any new documentary or oral evidence submitted during the Hearing, the Grievance Committee shall grant the parties a prudential time period for submitting their observations.” (p.20) Concerns that arose about the new Operation-level Grievance Mechanism in MiningWatch’s interviews with victims of mining-relat