conflicts and innovative mechanisms for...
TRANSCRIPT
Conflicts and Innovative Mechanisms for
Engagement and Resolution
Mexico City – March 1 & 2, 2017
The Social License Consortium
Canada | Mexico Susan Kuethe
Aboriginal Relations Specialist & Advisor Email: [email protected]
Phone: +1 587 581 0363
• Characteristics of Effective Engagement
• Engagement Methods for Avoiding, Reducing and Resolving Conflict from
the Canadian Context
• Case studies from field work experience using different engagement
methods
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Agenda
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• Engaging early and often in the project and seeking input is helpful in
minimizing and reducing conflict.
• During conflict emotions run high. To have productive discussions it is important
to listen without interruption, and really attempt to understand.
• Good personal relationships between individuals in the community and
individuals in the company are key to success.
• Be aware of cultural differences. Respect Traditional Knowledge. Learn
about the cultures of stakeholders within your project area.
• Listen more than talk. Repeat back what you think you heard for clarity.
• Once commitments have been made, ensure company does what it said it
would do, and then communicate back to the community members
Effective Engagement Characteristics
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Engagement Methods
• Meetings
• Consultation Office / Liaison
• Advisory Committees
• Negotiated Agreements
• Alternative Dispute Resolution (ADR)
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Engagement Methods - Meetings
• Smaller Meetings between appropriate Company and Community
representatives.
• Larger Group Meetings between Community and Company: Company
representative may make presentation. Interpreters may be useful.
• Open House: Arrange location within the community where food is served, and
poster boards on topics of interest are set up, and experts in various areas
(environment, traffic, noise, etc.) are available to answer questions and address
concerns. Informal welcoming environment
Photo Courtesy: Baytex Gemini Open House
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Engagement Methods - Consultation Office/Liaison
• Help establish Community Consultation Office.
• Liaison. Hire a community member to be a liaison between the company and the
community.
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Engagement Methods - Advisory Committees
Establish Project Advisory Committees with community members and employees of
Company .
• Members of community are selected by Indigenous Community to form
an advisory committee, for a specific Company.
• Committee members are representative of demographics in the
community, i.e., elders, teens, young and middle age adults; both
genders. Committee members provide their perspectives, advice and
concerns to Company. Company utilizes this knowledge to adjust
project, and mitigate community concerns.
• Company may pay into community on contributory basis for services of
this advisory committee.
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Engagement Methods-Negotiated Agreements
• Negotiate agreements (such as Consultation and Cooperation Protocols, or Impact
Benefit Agreements).
• Agreements have become common for larger projects. They would not be common
with smaller projects. Agreements make it clear what the community can expect,
and what industry can expect from communities.
• Agreements can provide for environmental and traditional use studies, potential
locations of infrastructure, strategies for mitigating community concerns, potential
contracting opportunities or jobs.
• The intense discussion which surrounds these agreements sets up the rules of the
relationship with the hope of avoiding future conflict.
• These agreements frequently provide for Joint (community and company) Advisory
Committees previously described, to be set up to deal with day-to-day issues.
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Engagement Method - ADR
• Alternative Dispute Resolution
services are available through the
Alberta Energy Regulator.
• Sometimes when emotions are
running high, it is useful to have a
third party skilled mediator in
meetings.
• 70% Success Rate for ADR with
indigenous communities in Alberta,
Canada
• AER currently developing “Wise
Practices” for use with Aboriginal ADR
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Case Studies - Conflict Resolution
• First Nation expressed concern over oil company water usage
• Company had not been instructed by Government of Alberta to consult with
this First Nation
• First Nation Reserve distant from oil company project
• Water studies done by environmental experts indicate no impact to water
• Decision made to have a meeting with all members of community who
desired to attend, with local women preparing a lunch for all attendees.
• Style of meeting included both a presentation and open house style
information boards.
• Presentation in English, translated into Cree.
• Discussed beliefs surrounding connection of water sources, and western
scientific mapping showing no connection of water.
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Case Study # 1 – Open House Community
Meeting
• Discussion within group and between company and group was tense and
confrontational
• Elder who could only speak Cree and needed interpreter reminded community
members that Company had come from far away to discuss; and that after all,
they all use gasoline for their trucks.
• Tone of meeting changed to a more collaborative discussion between
everyone
• Within days First Nations told Company it no longer had any concerns.
• Lessons Learned: Translator critical, even though most members of First
Nation spoke English. The corporate time and effort spent on this interaction
eliminated future conflict.
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Case Study # 1 – Open House Community
Meeting
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Case Study # 2 - ADR Engagement
• Oil Company wanted to drill wells in traditional territory of Canadian First Nation.
• Statement of Concern filed by First Nation, attempts by Oil Company to engage
First Nation in meetings or other discussions unsuccessful.
• Company and First Nation representatives talked to the extent necessary to agree
to utilize the Alberta Energy Regulator's (AER) Alternate Dispute Resolution
Program (ADR)
• All discussions conducted in ADR are without prejudice and fully confidential.
• Ground rules of ADR session were agreed to in advance between oil company
and First Nation, and approved by AER. Several representatives of First Nation,
oil company and AER were present.
• Session lasted two full days.
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• ADR was immensely helpful in facilitating meaningful dialogue.
• Many ideas to resolve the conflict were explored and one idea was very close
to working.
• Through intense and sometimes very emotional dialogue a relationship began
to be developed. People started seeing each other as people trying to
solve a very difficult problem, not combatants or enemies.
• Even though a final resolution/solution was not ultimately reached at this
session, relationships were strengthened, lines of communication were opened
so that it could be possible to eventually reach an agreement.
Case Study # 2 - ADR Engagement
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Concluding Remarks
• Great diversity of tools available to facilitate community engagement and
reduce conflict. The success of these tools lies in the contextualized use that
is given to them. It is important to consider the particular community and the
issues in deciding which tools may be best.
• Community engagement is an ongoing process, which can be continuously
improved. It needs to be adjusted based on feedback received from the
community and other stakeholders with the help of regulatory and
governmental agencies.
SLC – About Us
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The Social License Consortium specializes in Social License to Operate in the
extractive and energy sector to help companies mitigate their non-technical risks and
addressing the needs of the community for a sustainable future for all stakeholders
We have offices in Calgary, Alberta, Canada and Mexico City, Mexico
SLC – Our Services
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1) Workshops (Offered in English and Spanish)
• Stakeholder Engagement and Mapping
• Risk Management
• Dialogue, Conflict Resolution and Management
• Indigenous Relations
• Social Innovation and Entrepreneurship
• Measuring Quantitative and Qualitative Return on Social Investment
• International Standards, Guidelines and Reporting
2) Mapping and Risk Analysis Software Toolkit
The Social License Consortium is finalizing software development for stakeholder mapping,
risk management and grievance mechanism
3) Building Local Capacity based on Community Needs and Risks of the Company
• Stakeholder Management
• Social and Environmental Impact Assessment Studies
• Sustainable Enterprises – Building Long Term Capacity
• Monitoring, Evaluation, Assessment and Compliance
Thank you!
www.social-license.net
SLC Brochure (English)
SLC Brochure (Spanish)
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Contact Info:
Susan Kuethe - Aboriginal Relations Specialist and Advisor
Canada Phone Number: +1 587 581 0363
Linkedin: https://www.linkedin.com/in/sue-kuethe-06118520/
Elizabeth Romo-Rabago – Director of Sustainability and Business Development
Skype : Blanca.Elizabeth.Romo.Rabago
Canada Phone Number: +1 403 354 9903
Mexico Phone Number: +52 1 55 7499 3643
Linkedin: ca.linkedin.com/in/elizabethromorabago/
Mahesh Jayaraman – Director of Operations and Business Development
Skype: mahesh.jayaraman
Canada Phone Number: +1 587 718 1476
Linkedin: http://www.linkedin.com/in/jayaramanmahesh
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