The Voluntary Principles on Security and Human Rights Lessons Learned & Future Challenges 1 What are the Voluntary Principles? • The only guidelines specifically for security and human rights issues in the extractives sector Provide guidance on three issues: 1. Risk assessment 2. Engagement with public security forces 3. Relations with private security services 2 What are the Voluntary Principles? • Differ from other standards in that they provide for a process of continued dialogue and cooperation. • Deliberately drafted without identifying challenges in particular countries and to apply globally. 3 1. Risk Assessment with regard to Security and Human Rights Issues • Review human rights records of public and private security forces. • Evaluate the rule of law, capacity of prosecuting authority and judiciary. • Conduct conflict analysis; root causes and nature. • Examine equipment transfers 4 2. Interactions between companies and private and public security • Screen human rights records of security personnel. • Conduct human rights training programs for security. • Consult stakeholders on their experiences with security forces. 5 2. Interactions between companies and private and public security • Include the VPs in security contracts and agreements. • Convey guidelines for use of force/force proportional to the threat. • Record and report allegations of abuses. 6 Why Implement the VPs? 1. Improved Security • Better understand and anticipate of risk; more effective monitoring of context, improved mitigation • Improved community relations – good neighbours are the best security • Attempts to improve standards in security forces; stabilizes operating environment 7 Why Implement the VPs? 2. Reputational Risk • Build relations with local and int’l NGOs • Creates alliances with other companies to collectively address shared problems, spreads the risk of individual exposure • Reduces the risk of being considered complicit in mercenary actions or military interventions 8 Why Implement the VPs? 3. Respect for Rule of Law • Help strengthen the rule of law by supporting judicial process • Contributes to local governance • Building capacity of public and private security forces 9 Official VPs Participants Hydro BHP Billiton 10 Talisman Energy Rio Tinto Role of Secretariat • BSR and UK-based International Business Leaders Forum (IBLF) co-secretariat since 2004: • • • • Serve as neutral facilitators of the VPs process. Chair the Steering Committee, lead Working Groups. Support ‘in-country’ efforts to implement the VPs. Identify opportunities and conduct outreach to promote the VPs. • Foster information sharing among participants. • Help organize the Annual Plenary and other events. 11 Expectations of Companies • Encourage host governments to permit making security arrangements transparent. • Ensure equipment imports and exports comply with all applicable law and regulations. • Take appropriate and lawful measures to mitigate any foreseeable negative consequences associated with equipment transfers. 12 Expectations of Companies • Communicate policies regarding ethical conduct and human rights to public security providers • Request security be provided in a manner consistent with those policies by personnel with adequate and effective training. • Consult regularly with host governments and local communities about the impact of their security arrangements on those communities. 13 Expectations of Private Security • Provide preventative and defensive services only • Do not engage in any activity considered to the exclusive responsibility of state military or law enforcement authorities. • Do not violate the rights of individuals. 14 Expectations of Private Security • Maintain high levels of technical and professional proficiency, particularly with regard to the local use of force and firearms. • Exercise restraint and caution regarding the use of force. • Use force only when strictly necessary and to an extent proportional to the threat. 15 Expectations of Private Security • Do not employ individuals credibly implicated in human rights abuses to provide security services. • Observe the policies of the contracting Company regarding ethical conduct and human rights Act in a lawful manner • Designate services, technology and equipment capable of offensive and defensive purposes as being for defensive use only. 16 Expectations of Public Security • Primarily - maintain the rule of law, including safeguarding human rights and deterring acts that threaten company personnel and facilities. • The type and number of public security forces deployed should be competent, appropriate and proportional to the threat. • Where force is used, medical aid should be provided to injured persons, including to offenders. 17 Implementation Best Practices (1) • Early CEO or senior level executive sponsorship – Elevates priority of VPs, ensures allocation of required resources – Facilitates internal company engagement and implementation. • VPs embedded in private security contracts, agreements with host governments and local police, and risk assessments: – Formalizes commitment to implementation and ongoing engagement. – Establishes expectations and responsibilities – Training a critical component for management, public and private security forces 18 Implementation Best Practices (2) • VPs integrated into company management of social issues – Embedded in company social policies – Often a trigger to develop specific human rights policies – Integrated into staff orientations, trainings and evaluation processes. • VPs integrated into third party management of social issues – Referenced in International Finance Corporation (IFC) Performance Standards – Colombian Ministry of National Defense “Comprehensive Human Rights and IHL Policy 19 Implementation Best Practices (3) • Clear internal guidelines for addressing alleged human rights abuses and sharing incident reviews with relevant agencies and stakeholders: – Anonymous “whistle blower” process for capturing concerns and grievances reinforces community trust – Establishing “open space” engagement allows concerns to be surfaced before they become grievances – Engage in human rights training with state forces through a third party, and in a transparent manner. • Best practices, challenges and key learning on implementation shared with peer companies and other actors: – In Colombia, ACP leads a working group of companies, governments and NGOs to support more effective implementation and to facilitate dialogue on human rights. 20 Implementation Best Practices (4) • Performance assessment, management and reporting: – NGOs and/or other third parties engaged in reviewing security arrangements and other human-rights-related conditions – Companies in Colombia have begun to pilot a set of performance indicators developed by London based NGO International Alert – this is part of an effort to develop a baseline regarding implementation by companies here. 21 Lessons learned: Implementation (1) • Need for tools and guidelines for effective implementation. • Sharing best practice and lessons learned can raise performance. • Multi-stakeholder approach enhances process, but also presents its own challenges. • Building multi-stakeholder dialogue easier at headquarters level than in area of operations: – The latter is crucial 22 Lessons learned: Implementation (2) Major challenges include: • Developing a human rights culture throughout the company • Securing commitment from other actors (public and private security forces, host governments) • Building confidence of local communities 23 Future challenges: VPs at 10 Years Old • How to drive forward the establishment of in-country implementation processes? • How to secure host government engagement? • How to involve local civil society/NGOs without becoming enmeshed in politics? 24 Future challenges: VPs at 10 Years Old • How to broaden participation…. ….without lowering standards? • How to assess ‘suitability’ of potential new participants? • How to deal with allegations that a participant has fallen below expected standard? 25 Contact Information Doug Bannerman Senior Manager, Advisory Services Business for Social Responsibility (BSR) T: 415 984 3210 dbannerman@bsr.org Birgit Errath Manager International Business Leaders Forum (IBLF) +44 (207) 467-3639 birgit.errath@iblf.org www.voluntaryprinciples.org 26