E-Newsletter December 2023

During International Human Rights Day, Cerrejón reaffirms its commitment to Human Rights

19 december 2023. We are aware that our activities have the potential to impact the human rights of communities, employees, and contractors, as well as the environment. We are therefore committed to respecting them through the management of identified risks and impacts. Since 2005, we have had a Human Rights Policy, updated in 2011 with the implementation of the United Nations Guiding Principles on Business and Human Rights.

Since that time, we carried out a human rights due diligence process aimed at strengthening the identification, prevention, mitigation, and compensation of the impacts caused by the operation, enhancing dialogue with our stakeholders, and addressing complaints that arise between worker communities and contractors and conducting performance reviews and continuous improvement processes.

Our due diligence process is made up of the following elements: A high-level commitment or corporate policy, A process for the identification, prevention, and mitigation of risks and impacts on human rights, Communications with stakeholders, Integration into the corporate system, Complaints Handling, Assurance and continual improvement in due diligence.

As part of strengthening due diligence, in 2022, we established the Cerrejón Human Rights Governance System to involve the different areas of the company, evaluate the performance of the Complaints Office, and monitor the measures defined to improve our social and human rights performance. In addition, the human rights perspective was included in the corporate risk management system. For this reason, we reviewed the possible effects of risks and impacts on the human rights of the company’s stakeholders, to maintain coherence in all corporate prevention and mitigation efforts. Similarly, identified opportunities for improvement of controls over cultural heritage and the sustainability of resettlement.

Cerrejón socialized its third research on human rights risks and impacts with around 2,300 participants

19 december 2023. Cerrejón shared its Third Study of Risks and Impacts on Human Rights, carried out by Trust Consultores, with approximately 2,300 interested groups, including employees, contractors, communities, and government representatives. The objective of the Study was to identify the real or potential effects on the human rights of the people and groups with which it relates, derived from its activities and those associated with the actions of its suppliers, contractors and other business allies.

Since 2005, the company has had a Human Rights Policy, updated in 2011 with the entry into force of the United Nations Guiding Principles on Business and Human Rights. As a result, it conducts a human rights due diligence process to identify, prevent, mitigate, and compensate the impacts of the operation as well as to strengthen dialogue with our interest groups and address complaints between contractor communities and workers, as well as to advance the performance review and continuous improvement processes.

Thus, the study becomes a tool for strengthening due diligence within the framework of the continuous improvement policy that the Company has adopted. The study was carried out in two phases. In the first phase, information was collected and analyzed from conversations with interest groups (including those potentially affected), in order to gain a deeper understanding of the actors' perspectives on the Human Rights situation in La Guajira, as well as Cerrejón's operations and respect for these. The second phase included the implementation of a plan to share the preliminary conclusions with the interest groups, in order to receive their feedback on the results and recommendations.

1. Cultural identity of ethnic communities:

Recognition and respect for the cosmovision, values, uses and customs of the indigenous and Afro-descendant communities in Cerrejón's area of influence, including their cultural, social and economic dynamics in relation to the territory, their autonomy, their forms of representation and internal governance, and respect for their right to participation.

2. Security and Human Rights:

Prevention of situations in which the use of force is exceeded or of possible damages caused by the behavior of the security forces during the protection of Cerrejón’s assets or operations.

3. Resettlements:

Actions to repair or improve sustainable quality of life conditions in the five communities that have been resettled by Cerrejón: Chancleta, Las Casitas, Patilla, Roche and Tamaquito.

4. Environment and health:

Preservation of the physical wellbeing of the communities in the area of influence of Cerrejón and control of the effects that could be generated by emissions of particulate matter, noise, dumping, changes in soils and alteration of landscape and ecosystem components.

5. Safety in relation to the infrastructure:

Preservation of the physical well-being and safety of the residents of the area of influence of Cerrejón, especially those communities neighboring the railway line, due to their exposure to the coal transportation infrastructure.

5. Dignified and safe work:

Preservation of the physical well-being and safety of the residents of the area of influence of Cerrejón, especially those communities neighboring the railway line, due to their exposure to the coal transportation infrastructure.

Salient Issues revealed by the study included: ethnic identity; security of operation and infrastructure; environment and health; resettlement; human rights and security; and decent and safe work.
Some of Cerrejón's management measures in response to salient issues are as follows: the formation of relationship teams with members belonging to the Wayuu people and permanent training for all teams on Human Rights issues and knowledge of the uses and customs of the communities, development of cultural strengthening programs, training for employees and contractors on Voluntary Principles in Security and Human Rights, implementation of the protocol for Threats against social leaders, social programs for resettlements, real-time monitoring of quality and amount of water used in the operation, Air quality management system for real-time monitoring and generation of early warnings, with 16 monitoring stations for particulate matter Pm10 and PM2.5, Carrying out corrective measures before detonations to not exceed the established limits, Health and Safety System certified by the international health and safety standard: ISO 45001, among others.

Cerrejón continues to take action to mitigate and overcome challenges that affect human rights in real or potential ways.

Building trust and resolving impact: the cerrejón complaints office

19 december 2023. The Cerrejón Complaints Office was established in 2009 to implement a rights-based recovery and remediation mechanism to address complaints from workers and communities about alleged impacts generated by the company's activities and to provide redress and compensation when an impact is identified. By using this mechanism, the company aims to reestablish trust and maintain good relationships with the people who may be affected by its operations. The only way to achieve this is through a continuous, transparent, respectful, good faith, and sensitive relationship with interest groups.
Cerrejón’s Complaints Office resulted from participation in a pilot study in 2009 – 2010 led by Professor John Ruggie, the former United Nation´s Special Representative for Business and Human Rights. A total of five companies were selected globally for participation in the project, and the results of the pilot test led to the development of the final version of the United Nations Guiding Principles on Business and Human Rights (UNGP) standard, which was unanimously approved in 2011 by all UN member countries.

During the design process, we analyzed the company's existing complaint response mechanisms, defined the scope, examined the relationship between these existing mechanisms, designed a management tool to manage complaints, and conducted interviews and surveys with employees and communities about what this office should accomplish.

Today, the Complaints Office operates under the principles of effectiveness, legitimacy, participation, transparency, dialogue, and sources of learning. Responds to complaints in a participatory manner and, if necessary, compensates cases in which the impact of Cerrejón's operation has been confirmed. However, it is not meant to replace the Colombian justice system or the indigenous jurisdiction. As a result, it does not conduct judicial investigations or impose labor or criminal sanctions.

• Participation and consultation: the people who present the complaints participate in the collection of information and mutual agreement is sought to achieve compensation; there is no possibility of imposing a compensation measure.
• Culturally appropriate: This office has mechanisms to ensure that Wayuu populations can access the complaints response system, including that complaints can be addressed in the Wayunaiki language. The Office has Wayuu advisors to ensure that procedures, relationships and compensation respect uses and customs.
• Fair and equitable:: The Cerrejón Complaints Office respects all people, both those who file complaints and those part of the investigation. The Office presumes the good faith of the people who file complaints, investigates complaints rigorously and resolves them under the parameters of justice and equity.

Since 2009, Cerrejon has received a total of 3,973 complaints, and as of October 2023, 97% of them have been resolved to satisfaction. This demonstrates our commitment to the due diligence process as well as to protecting, respecting, and resolving complaints by people who feel they have been adversely affected by our operation.

Cerrejón promotes human rights through its training program

19 december 2023. Cerrejón is committed to embedding the respect of human rights in the every day life of workers and has implemented a differentiated approach to ensure that employees have the required capacities and sensibilities on these matters. The human rights training plan includes a mandatory online course and in-person sessions to ensure that HR principles are understand and applied depending on the roles and responsibilities of each company area.

In 2023, 90% people have taken the online course and over 500 people from production, contracts, foreign trade, internal monitoring, and environmental company areas have participated in the deep dive sessions.

The training carried out, in addition to dealing with the contents associated with Cerrejón's human rights due diligence process and all the actions underway, exposes real-life cases that could arise in the operation and gives guidelines on how to deal with them, providing them with an opportunity to internalize concepts and definitions presented.

Additionally, this year, over 250 security guards from the two private security companies that provide services to Cerrejón have been trained, to whom the company's Human Rights Policy was socialized. On the other hand, over 30 members of the Public Force, including personnel from the Army, Police, Navy and Air Force, have received the socialization of Cerrejón's commitments with the Voluntary Principles standard.

Additionally, this year, over 250 security guards from the two private security companies that provide services to Cerrejón have been trained, to whom the company's Human Rights Policy was socialized. On the other hand, over 30 members of the Public Force, including personnel from the Army, Police, Navy and Air Force, have received the socialization of Cerrejón's commitments with the Voluntary Principles standard.

As part of our commitment to prevent violations of human rights of workers and communities, we conduct these trainings to strengthen our human rights due diligence process and maintain the company's leadership and positioning in regard to impact management. In order to accomplish this, we have been able to train XX people who now know about the human rights standard, their role and responsibility in ensuring these standards are met.