Business and human rights in Brazil: Exploring human rights due diligence and operational-level grievance mechanisms in the case of Kinross Paracatu gold mine

Abstract

In the past decades, enterprises have been looking after more responsible social-environmental practices by designing their bylaws in compliance to the Guiding Principles on Business and Human rights (GPBHRs) and specific national requirements. This legal study explores the case of Kinross gold mine in Paracatu, Brazil, and the corporate responsibility to respect human rights. From a rights-based approach, it sheds light on the design of the firm'sdue diligence practices andoperational-level grievance mechanisms. If, on the one hand, Kinross shows policy commitment to applicable norms, on the other hand, local communities still claim to be impacted by health, infrastructural and environmental damages. In such a contentious situation, the biggest matter lies on the inability of affected stakeholders to seek redress from a firm, that tries to excuse itself by showing policies based on internationally accepted procedures.Looking at the realization of human rights and at more respectful business-community relations, this article highlights means of improving the enterprise's legal mechanisms and possible causes of inefficacy that affect the firm's ability to respect human rights.