A License to Mine: Seeking the Approval of Affected Communities through Operational-Level Grievance Mechanisms

Başak Bağlayan

Jump to Content

Chapter 4 A License to Mine: Seeking the Approval of Affected Communities through Operational-Level Grievance Mechanisms

In: Social License and Dispute Resolution in the Extractive Industries

Author:

Başak Bağlayan

Başak Bağlayan
Search for other papers by Başak Bağlayan in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 89–110

DOI:: https://doi.org/10.1163/9789004450165_007

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

Large-scale natural resources projects, such as mining operations, often generate social conflict which can lead to a refusal to grant a so-called ‘social license to operate’. This term is used to identify the intangible but ongoing approval of business activities by affected communities. It is distinct from the legal or regulatory license granted by the State authorities: a company is ‘granted’ a social license when its operations meet stakeholder expectations and social norms. The inability to obtain a social license or the loss of an existing social license can result in serious legal, economic and reputational harm to the company, sometimes even resulting in the collapse of the mining project.

This paper argues that mining companies should effectively engage with local communities, address adverse human rights and environmental impacts, and seek to obtain a social license. This is a distinct responsibility that exists beyond compliance with national laws and regulations and applies where relevant domestic law is weak, absent or not enforced. This responsibility has been reiterated in the United Nations Guiding Principles on Business and Human Rights that has become the primary reference for responsible business conduct during the past decade. The paper further argues that the operational-level grievance mechanisms (ogms) can be instrumental for mining companies in obtaining social license. ogms provide an alternative dispute resolution channel for both companies and communities to identify legitimate concerns and address them through a dialogue before they escalate into protests, conflicts or legal disputes. Therefore, they should feature in all mining projects in order to ensure a continued dialogue with impacted communities and to earn and retain a social license throughout the life-cycle of a mining project.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/edcoll/9789004450165/BP000008.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Social License and Dispute Resolution in the Extractive Industries

Series: International and Comparative Business Law and Public Policy, Volume: 1

E-Book ISBN:: 9789004450165

Publisher:: Brill | Nijhoff

Print Publication Date:: 20 Feb 2021

Subjects
- International Law

Front Matter

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	881	464	126
Full Text Views	58	21	6
PDF Views & Downloads	82	27	7

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 4 A License to Mine: Seeking the Approval of Affected Communities through Operational-Level Grievance Mechanisms

Abstract

Citation Info

Share link with colleague or librarian

Social License and Dispute Resolution in the Extractive Industries

Table of Contents

Metrics

Metrics