Guarding human rights in zones of conflict
Paris, 2 February 2001 - Geology has no respect for human failings, as oil and mining companies are constantly reminded. Many of the world's most abundant natural resources are in places that are not only difficult to access and in inhospitable environments, but where local populations endure armed conflict.
The man-made obstacle, whether plain lawlessness, civil war or international conflict, can present acute problems for companies in the extractive industries. In their daily operations they may well face agonizing dilemmas involving the security of employees and respect for human rights.
For instance: What do you do if the security forces protecting your installations are using excessive force to keep out intruders? If you are obliged to hire private security firms, how can you make sure they follow instructions in line with company standards? What you
should you look out for in assessing risk - and make provisions to guard against it?
These and similar questions crop up time and again when companies find themselves operating in the midst of trouble spots.
The issue prompted seven leading U.S. and British oil and mining companies to announce in December their support for voluntary principles on security and human rights - the result of a government-led initiative aimed at ensuring that security arrangements at facilities in developing countries do not result in human rights abuses. Human rights NGOs joined the companies and governments in supporting the principles
Growing interest in the role that business can legitimately play in zones of conflict more generally also explains why the United Nations has made it the subject of its first Global Compact issues dialogue in New York next March.
The seven companies that have agreed the voluntary principles with the two governments and human rights NGOs are the U.S. oil companies Chevron, Texaco and Conoco, plus BP and Shell, and the mining groups Rio Tinto and Freeport MacMoran. The NGOs that participated are Amnesty International, Human Rights Watch and International Alert.
Extensive discussions between the parties went into the principles, an initiative of the U.S. State Department and the British Foreign and Commonwealth Office. The principles guide companies "in maintaining the safety and security of their operations within an operating framework that ensures respect for human rights and fundamental freedoms."
Announcing the outcome of the discussions, British Foreign Secretary Robin Cook said: "The fact that all sides have agreed these guidelines shows what can be achieved when industry, NGOs and governments work together." The then US Secretary of State, Madeleine Albright, called it "a landmark for social responsibility."
While stating that security is a fundamental need for individuals, communities, businesses and governments alike, the principles emphasize that governments have the primary responsibility to promote and protect human rights.
"Companies recognize a commitment to act in a manner consistent with the laws of the countries with which they are present, to be mindful of the highest applicable international standards, and to promote observance of applicable international law enforcement principles," the guidelines state.
They cover risk assessment, along with relations between companies and host government security providers and private security firms. Companies are advised to consult regularly with host governments and local communities about the impact of their security arrangements.
The guidelines are consistent with the oft-repeated contention of business that corporate efforts to apply high standards in areas covered by the Global Compact cannot reach beyond companies' own spheres of activity.
Robin Aram, Vice President, External Relations and Policy Development, Shell International, says: "The guidelines don't provide all the answers. However, they are a very valuable check list against which companies can benchmark their existing policies and operations. The process of developing the principles with other companies, NGOs and the governments was itself a remarkably constructive one. We look forward to continuing these discussions and hope that other companies will join in."
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