The Social Licence to Operate in the Context of Mining Projects and Indigenous Peoples: Is it Sufficient Just to Comply with the Law?

dc.contributor.advisorOshionebo, Evaristus
dc.contributor.authorAlmeida Campana, Diego Xavier
dc.contributor.committeememberIngelson, Allan
dc.contributor.committeememberLucas, Alastair R.
dc.date2019-11
dc.date.accessioned2019-07-04T14:02:32Z
dc.date.available2019-07-04T14:02:32Z
dc.date.issued2019-07-02
dc.description.abstractHard rock mining companies that comply with the law related to permits, approvals and indigenous consultation are not always successful in developing good relationships with the affected communities. Most of them are pushed to undertake actions beyond the limits of the law to create a good relationship with the project’s host indigenous community(ies). In the late 1990’s, the concept of social licence to operate emerged in the mining industry, to refer to the level of acceptance that a mining company has in the community where a project is intended to be developed. The process of acquiring a social licence to operate, which is not a permit provided by law, is necessary for the success of a mining development and the generation of certainty on its operations. This thesis describes the theory of the social licence to operate and the legal framework for indigenous consultation in Canada and Ecuador, two countries with different hard rock mining history and heritage. It then describes two projects per jurisdiction, a successful one in terms of social relationships with indigenous communities, and another one in which conflict and grievances occurred during the development of the project. The objectives of this research are to: (i) demonstrate that the company’s compliance with the law is not sufficient to acquire a social licence to operate; and (ii) based on the experience of the analyzed cases, identify the practices beyond the limits of the law, that aid in the acquisition of the social licence to operate.en_US
dc.identifier.citationAlmeida Campana, D. X. (2019). The Social Licence to Operate in the Context of Mining Projects and Indigenous Peoples: Is it Sufficient Just to Comply with the Law? (Master's thesis, University of Calgary, Calgary, Canada). Retrieved from https://prism.ucalgary.ca.en_US
dc.identifier.doihttp://dx.doi.org/10.11575/PRISM/36699
dc.identifier.urihttp://hdl.handle.net/1880/110579
dc.language.isoengen_US
dc.publisher.facultyLawen_US
dc.publisher.institutionUniversity of Calgaryen
dc.rightsUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.en_US
dc.subjectSocial licence to operateen_US
dc.subjectminingen_US
dc.subjectindigenous peoplesen_US
dc.subjectimpact benefit agreementsen_US
dc.subject.classificationEngineering--Environmentalen_US
dc.subject.classificationEngineering--Miningen_US
dc.titleThe Social Licence to Operate in the Context of Mining Projects and Indigenous Peoples: Is it Sufficient Just to Comply with the Law?en_US
dc.typemaster thesisen_US
thesis.degree.disciplineLawen_US
thesis.degree.grantorUniversity of Calgaryen_US
thesis.degree.nameMaster of Laws (LLM)en_US
ucalgary.item.requestcopytrueen_US
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