A/HRC/45/12/Add.1 enforcement of environmental health laws and laws protecting environmentally sensitive areas of host States. Overseas diplomats allegedly pressure host States to refrain from strengthening environmental standards to protect human rights, including threats of legal action under international investment agreements. 97. Certain Canadian mining companies are using, or propose to use, practices not permitted in Canada. For example, Barrick Gold’s riverine tailings disposal of mine waste at the Porgera Joint Venture Mine in Papua New Guinea affects an 800-km fish-bearing river system. In Canada, environmental standards effectively prohibit such unrestrained disposal. Studies have recorded high levels of heavy metals in the waste, presenting health risks, and legal analyses have found the Canadian corporation in breach of its responsibility to respect the Porgerans’ right to water.147 98. Differences in political power between Canadian-based companies and individuals and communities in countries in which they operate elicit concern.148 At the Marlin Mine in Guatemala, affected communities, including indigenous peoples, reportedly suffer mental health impacts from the long battle against the operation of the mine and the uncertainty of the future physical health consequences they may develop from contaminated water.149 99. In the Peruvian Amazon, the Frontera Energy corporation began servicing an oil and gas concession (Block 192) on indigenous territories in 2015, relying on a dilapidated pipeline. 150 The pipeline was known for many years before 2015 to leak and rupture. Evidence suggests that indigenous peoples in these territories have elevated blood levels of heavy metals above recommended limits.151 Since then, there have been at least 65 oil spills from the pipeline. Frontera is clearly contributing to the incessant abuse of indigenous rights from the contamination, and failing to uphold its responsibilities under the Guiding Principles on Business and Human Rights to help secure an effective remedy. To the contrary, it continues to pump oil well aware of the impacts that will result with the next rupture. C. Canadian Ombudsperson for Responsible Enterprise 100. In an effort to help address abuses by Canadian businesses operating abroad, the Office of Canadian Ombudsperson for Responsible Enterprise was established in 2018. 101. The establishment of that Office is generally welcome. The Ombudsperson has the potential to use economic and other incentives to compel Canadian businesses to prevent and provide redress for abuses in their operations. Yet, the originally envisioned role of the Ombudsperson has not materialized, in particular regarding the extent of investigative powers and the timeliness of investigations. For example, the Office of the Ombudsperson carries out an advisory, not investigative, role and its position suggests that it does not operate truly independently of the Government. The Office lacks an adequate budget for the magnitude of its task. Reports of lack of consultation with affected communities for investigative missions are of concern. To date, the Office has not taken up a single case, bringing into question its ability to adequately carry out an urgent mandate in a timely and effective manner. It is critical that the Office be given the powers, funding and independence required to fulfil its mandate and promise. 102. Policy interest among various government representatives, in adherence with the Guiding Principles on Business and Human Rights, is noteworthy. Yet, marginal efforts have been made to establish a national action plan on business and human rights, while various 147 148 149 150 151 20 https://ac4.earth.columbia.edu/sites/default/files/content/2019%20Knuckey%2C%20 Hoffman%2C%20Fisher%20and%20Russo%20Red%20Water%20Report%20-%20FINAL.pdf. Committee on Economic, Social and Cultural Rights, general comment No. 24. www.amnesty.org/download/Documents/4000/amr340022014en.pdf. https://politicsofpoverty.oxfamamerica.org/righting-the-many-wrongs-at-perus-polluted-oil-block192/. www.defensoria.gob.pe/wp-content/uploads/2018/10/Informe-de-Adjunt%C3%ADa-N%C2%BA001-2018-DP-AMASPPI-PI.pdf; https://observatoriopetrolero.org/analisis-toxicologico-en-el-lote192-niveles-de-plomo-por-encima-del-limite-permitido/.