Building trust and resolving impact: the Cerrejón Complaints Office

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 4.027 complaints, and as of December 2023, 99% 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.