Voluntary Principles on Security and Human Rights - Essay Example

Voluntary Principles on Security and Human Rights (Name) (Institution) (Date) Introduction Voluntary principles on Security and Human Rights (VPs) are non-binding principles that are shaped to help extractive companies to poise the concerns of human rights in terms of security. The principles were launched in 2000 are said to be a tripartite multi-stakeholder scheme. Some of the participants include 9 NGOs, 18 companies, 3 organizations and 7 states. They were developed in order, to respond to the report of human rights abuses said to be committed by providers of security from the extractive trade. The Voluntary Principles apply to both private and public security services. In addition, they are voluntary, but some companies have decided to incorporate them to their management system and coming up with agreement as contracts. Some of the VP’s provisions includes; issuing of proportionality as well as using force. Additionally, it reviews the background of those industries which are private, in the intention of employing them. They conduct investigations, as well as monitor progress of supposed abuses. Moreover, they conduct regular consultations between host governments and other companies to come up with an agreement. This helps them to improve a company’s engagement to protect their human rights by them with security contracts (Mylonas, p. 15). However, the Voluntary principles are said to lack transparency in their work because they are always confident when it comes to dialogues between companies involved and VPs. The actual implementation of the participation and principles is therefore, a major concern, because, according to (Dismore, pg 66) the plenary that was adopted helped amend the official participation criteria and a common understanding of the VP’s future direction. Some of the changes includes, a process in dispute resolution to help raise concerns of its participant, thus clearing the accountability methods. It also includes minimum requirements for participation in the security system, clear responsibility mechanisms and public reporting of Voluntary principles. It has also welcomed a great deal on local implementation of multi-stakeholder forums to help support the integration and implementation of the principles at a global level. Some of the countries include Nigeria, Indonesia and Colombia. Nevertheless, they are genuinely filling up a crucial void for some companies who seek guidance on how to manage some of the potential risks that are related to their human rights and security practices, especially, those countries which are associated with alleged abuses or conflicts. However, the principles guide the companies into identifying security risks and human rights, by collaborating and engaging with security private forces and other states. For it to be effective the compliance needs to be more practical, therefore, training is a major area of benefit for most of the companies, while other organizations is already conducting training programs specifically on security personnel, while some focusing the training efforts for the operations managers that are sensitive with to human and security issues. The issues of human and security issues are therefore, important to the training. They should be embedded towards a certain company culture, in terms of health and safety, since the risks associated with the risks are great, in terms of stock price, legal liability and reputation. This applies to both public and private provisions in terms of security, because appropriate risks assessment often leaves gaps in effectiveness towards responding to security issues everyday. A good example is where both government and private forces have no effective steps into negotiating their terms of lethal forces, while dealing with security concerns (Sullivan, p. 67). Stationery office U.K (2009, p. 55-96),claims that, the Voluntary Principles on security and Human Rights is implementing a tool kit for significant major projects by outlining companies actions in terms of assessing the appropriate risks, and thus implementing private and public security measures in such a way it show respects human rights. The tool kit is therefore, a beginning point for projects and companies to come up with a level-site VPSHR, in its implementation plans that are adhered to specific needs and location. During its preparation, specialists from the mining industry as well as, World Bank and non- governmental organizations contribute to its preparation. Their participants adopt a specific vision that aims to strengthen the voluntary principles its human rights and security issues, as both a human right and business framework. It also aims at increasing their participant’s accountability, base and being actively involved in promoting human rights respect universally. In accordance with its vision statement, participants are focused on initiatives that intend to promote its future growth of its framework, which includes, drafting new entries criteria for companies, NGO’s and government. They also create documents that that help in facilitating outreach of prospective participants. The participation on the framework is therefore, voluntary. The Voluntary Principles was unveiled in December 2000 by United States Department and Commonwealth and foreign office, after long negotiations process from mining, oil and government officials. They help provide guidance to those companies which operate in conflicting zones or states that are fragile, by ensuring that both security private and security forces protect companies’ premises and facilities, but still respecting fundamental and respecting human rights freedoms. This is therefore, a necessary initiative that helps a widespread concern internationally over security forces concerned with mining and protecting installations in many parts of the world. The companies seek clear guidance to what voluntary principles mean and prepare a detailed guideline for their operations internally. Some of the corporations that are seen to support the voluntary principles are the international finance institution that is helping the VP’s secretariat develop its tool for guidance that will help in its implementation. Other pillars concerned with the process, which includes NGO’s and the government is seeking clear information of a company’s performance by implementing voluntary principles. Companies have therefore, reported high performance in the absences of credible reliable indicators, using different benchmarks and yard-sticks (Mylonas, p. 15). An international team is drafting some of the guidelines described to help the global efforts in bringing simplicity, clarity and uniformity, in terms of information that can be made accessible to help in making better decisions within a company, to help in evaluating, measuring its performance both externally and internally. This helps assist bring about accountability sort of climate in the process. Stationery office U.K (2009, p.55-96) claims that the guidelines are retrieved from the alerts got from the United Kingdom Government, concerned with prevention of global conflicts in 2007, as well as the Canadian Government of Security and Peace Fund in 2008. These are clear indicators of the initial Colombian context, where the alert is experiencing a long operating on the ground of Colombian context that was presented in the Annual principles plenary in Amsterdam in 2008. Moreover, the alert has received a positive feedback, and therefore, the need to disseminate widely in a global perspective. It also acknowledges the partnership with those ideas concerned in piloting those conflicts that are said to risk a business, as well as impact those methodologies with various Colombian members and other participants. The effort is a work-progress that anticipates other companies to test those indicators that are robust, and hopes to develop a standard industry. This exercise will help other companies in their initial stages and shared widely at later stages. Similarly, its main obligation is to protect, fulfill and respect the human rights according to the state. This is because; companies have an obligation to respect human rights as well as protecting their rights in specific circumstances. They make sure that, they do not contribute, cause and benefit from alleged abuses from human rights. In those states that are fragile, it is the responsibility of the de facto increases because of the government institutions absence and the concerned company obliged to report any incidences as they occur. However, they Voluntary Principles Securities are divides into three categories, which include interactions with private and public securities and risk assessment. The private sector also plays a critical role in addressing transparency and corruption issues, like human and security rights, resource revenues and good local governance (Salil, 2010, p. 34-56). The VPSHR being the guiding principles for extractive industries, help promote human rights respect in avoidance of human rights abuse in security operations. They are not only beneficial to businesses but to communities as well. Those companies choose to sign up the VSPHR in order to, genuinely improve implementation of security. It also learns to how best to avoid report, resolve and detect human rights abuses, thus improving the relationships between stakeholders and community. Once companies sign up, they are said to face some of the challenges to help determine the best way in implementing the principles on Security and human rights. The pact therefore, assists effective, measurable implementation and pragmatic of VPSHR. It supports the integration by specializing in training of company staffs, stakeholders and security providers. It comes up with developed formats to help meet guidelines for the VPSHR officials. It also identifies and builds key community structures that respond to identified issues concerning security that helps improves the general environment of the security and offers human rights protection in the whole community (Gallagher, 2008, p. 56-98). Nonetheless, in line with voluntary principles, the human right improves the security by securing a company’s assets as well as makes sure the employees are safe. It is the responsibility of a company to protect the rights of the employees, shareholders, communities and those countries which have entrusted the utilization of their natural wealth to Ashanti AngloGold. Its traditional focus on security mining companies is specifically focused on making sure their assets are secure, especially when a product reaches at the point of being processed, smelted and refined, which end the process, thus increasing its value. This was also the case with AngloGold, but as years went by, the security of people and other assets became important. For example, in Colombia and Congo, it has become a necessary for companies to work with military or police, in addition to other security subcontractors, for them to be able to safely go on with their exploration activities. In Ghana, there is also a security force that helps support operations going on in Ghana. Some of the challenges facing the countries and groups is having encounters with small-scale miners and artisanal and people mining illegally. It is therefore, a material concern in countries such as Guinea, Tanzania, Mali and Ghana. In South Africa, illegal mining is also becoming an issue at underground level. The AngloGold has to work closely with the government in order to be able to implement its legal operations and at the same time minding its norms, access and values of the community. It also ensures that the companies act in accordance with business principles by being a signatory to both Voluntary Principles on Security and Human Rights and UN Global Impact. It is therefore, a tool kit for the implementation of Voluntary principles formed in 2007 since its full implementation was delayed due to a security review that was pending (Salil, 2010, p. 34-56). There are complex issues that relates to security, and therefore, there is a need to ensure that it compliance with one others. The main aim of voluntary principles is to assess the company’s existing security operations, its needs based on security and other disciplines from production, community, environment and asset protection. Since the alignment of security operations, some of the recommendations that came up were, first to create a global security section to help in centralizing and overseeing all aspects of management based on security issues. Secondly, they decided to enforce security and threat assessment risks in all parts of portfolio. This is because, the risk assessments usually justifies appropriate security mix, as well as communicating to executives as to why and where the security risks increases at business levels. It is the work of the security to champion the management crisis for a company. This includes rehearsing and drafting plans that manage crises and incidents as they occur in a company. Moreover, if an operation centre is created at corporate offices, it will help in providing a duty care that is improved, first response for crisis management and security oversight (International Monetary Funds, 2005, p. 34). However, asset protection that exists becomes the new global security department with a broader mandate. For example, it outsources security contractors at a greater level, which will be of use to the technology in supporting the security activities in future. It should also commend those resources which will better reduce thefts and some mining equipments, in addition to understanding the relationships and structures between gold dealers, black market and artisanal miners. By increasing efforts in security and social departments it will be able to deal and understand the illegal and aggressive behavior committed by miners and actors. Despite security arrangements with military and the police being common in countries such as DRC, Colombia among others, there is a special need to take special care in ensuring there are transparent relations without any prejudices. The contracts in this case should be open to scrutiny in addition to, compensating directly to the governmental authorities and William (2010, p. 78-134), claims that the security units deployed are educated and trained regarding voluntary principles. As much as we hold them accountable for high stages of compliance in expectation of our own personnel, we always lack the authority in jurisdictional or control over them. And when suspected violations occur, we often insist on investigations that are transparent. Appropriate and essential training is also very significant in achieving distinction in operations concerning security. While training security personnel, the training is based on the nine pillars of the new Anglo Ashanti management framework, like technology management, asset protection, corporate security, crisis management, and policy and compliance standards, among others. It is also implementing a human rights management process concerning grievances. The voluntary principles are implemented by various companies working for both mining and oil companies, which helps in drafting the human draft policies by creating assessment capabilities that are related to human rights and security. It also undertakes human rights and conflicts assessments by developing voluntary principles and human rights training materials. Oil and mining companies are taking on the projects associated with socio-political and environmental risks that have been regarded in the past as no venture. The companies need come up with things that will suite their social responsibilities that will be accepted by the community. However, between mining and agriculture conflicts, it is obvious that both mining and agriculture are the two industries that forms a platform for a greater development in economic. The task for determining the economic development nationally, in countries which are democratic such as Ghana lies in the hands of the government. Also, being the signatory of the voluntary principles on human rights and security issues, ii is clear that neither public nor private security forces should be given the power to human rights violation. Mining companies should therefore, avoid violating human rights at all costs. However, police functions are necessary because, some officials in companies occasionally calls for military assistance out of desperation, when many of their employees have been injured seriously and attacked by miners (Sullivan, 2003, p. 77-89). The submission of human rights in a large context of mining operations has drawn its attention to intensity and large number of violations in human rights in large scale mining in Ghana. Its expansions and development of police in mining areas has also led to serious violations in human rights in many communities like Ghana. Some of the reports from other miming communities also indicate a large degree of violations in human rights by multinational communities. The personnel concerned with security in mining companies therefore, take its role. The security contractors in these companies are assisted by soldiers and armed police who conduct such operations and helps in arresting the alleged small scale miners. The operations are said to be bloody and violent which affects the communities living around the area resulting to human rights gross violations. Additionally, it has killed agriculture, damages the environment and displaces local populations. The communities involved in mining areas have become net food deficit areas. Some have been deprived the communities their only livelihoods from activities like fishing and the pits abandoned have turned to breeding grounds for mosquitoes, thus an increase of malaria in those communities. Human rights commission in Ghana has ahead to declare Ghana mining companies as guilty for violating human rights abuses in communities hosting them, and which they operate on. Countries are facing difficulties such as pollution of the environment and water, slowly losing their live hoods, health problems, both use of private and state security torturing the community members and not being compensated (William, 2010, p. 78-13). The security forces have indicated a willingness of using voluntary principles like policy framework to help in guiding it’s interactions with extractive companies, which might become a mandatory legislated frameworks. By demonstrating its effectiveness on the principles, the forums offer the voluntary principles offers a platform for exchange and dialogue in challenging human rights and security issues. Therefore, there remains the uncertainty on how to internalize protections from human rights in companies’ processes. A large number of companies are also joining the voluntary principles, hence its growth, those setting the highest number of standards exerts a gravitational heave and draws the other companies to the process by encouraging them to participate in the process. The voluntary principles also set up standards for the extractive countries, since those sectors which are outside the process are at a threat of being perceived by stakeholders different from the challenge of balancing security and human rights. Nevertheless, some mining and oil companies are adhering to the voluntary principles regardless of not being participants in the process officially (Sullivan, 2003, p. 77-89). Voluntary principles initiative encounters competitive conditions since they ask those companies to oblige to their social responsibilities by raising their responsibility. The principles provide companies with operational tools and policy guidelines to help in facilitating compliance by police forces with crucial principles of international law positively. There are no high barriers to the entry for companies which choose to embrace the principles of voluntary, they are only supposed to pledge to welcome the principles and help in supporting the process. They are also supposed to commit their selves by implementing an average standard which only breaks grounds in detailed areas. Moreover, as earlier argued, there is a large expectation on part of NGO’s because in the process, the companies’ commitment should be demonstrated by their performance. However, the lack of a formal monitoring or reporting always makes it difficult to evaluate what exactly the accomplishment means to different actors that are engaged in dialogue. Despite the company being endorsed with voluntary principles, implementing them may become a factor of concern to be taken into description by a court thus helps examines a company’s complicity in abuse of human rights issues. The analysis in its complicity by ATCA lawsuits, has been dealing with the actual logistical support for alleged abuses concerning human rights. Those companies which implement the principles often demonstrate high standard because of their diligence in avoiding human rights commission operations. Its possibility into coming up with a judicial decision mainly depends on a credible company to report on its implementation efforts on voluntary principles, in addition, to monitoring of NGO (Mylonas, 2008, p. 15). Conclusion Companies concerned with voluntary securities should pilot the draft internally in order to receive and generate feedback. They should also improve their practice on human rights and security issues to create a sufficient documentation that will maintain an institutional memory for potential managers. Therefore, if companies are committed to human rights and VPs taken seriously (Salil, 2010, p. 34-56) claims that there will be a degree of accountability to a wider public since this is a unique opportunity for several companies to help accountable. By making a significant headways as well as, getting the interested parties, business, government and NGO’s to participate in the process will help increase the transparency that is involved in the business. United Nations have come up with a commitment to observe the declaration of human rights in order to uphold labour rights in the fundamental principles of the labour organization. The human rights should therefore, consider cutting across a large discipline of safety, labour relations, governance, ethics, community, health, environment among others. The companies should also operate in respect to the human rights as the most relevant process in locating the company’s operations. However, when VPSHR was formed, six allegations came up form the members of the military contingent in Guinea, but were resolved at community level. There has been a large improvement in the ability to deal with such incidents as community unrest in a way that it ensures the community gets no injuries. Because of this the number of injuries has remained stable because of an increase adherence of those procedures that emphasizes on least force. References Dismore, A. Any of our business?: human rights and the UK private sector: first report of session 2009-10, vol.2, p. 66. oral and written evidence. London: Stationery Office, 2009. Print Gallagher, K. Handbook on trade and the environment. Massachusetts: Edward Elgar Publishing, 2008. Print. International Monetary Funds. Making the global economy work for all current reports. United States: International Monetary Fund, 2005. Mylonas, C. “Implementing the Voluntary Principles: A case study of Security and Human Rights in Shell’s Worldwide Operational.” Journal of International Peace Operations, 2008. Sullivan, R. Business and human rights: dilemmas and solutions. New York: Green Leaf, 2003. Print Salil, T. Institute for Human Rights and Business: Have the Voluntary Principles realized their Full potential, 2010. Sullivan, R. Business and Human Rights: dilemmas and solutions. New York: Greenleaf Publishing, 2003. Stationery office U.K. Any of Our Business? Human Rights and the UK Private Sector First Report of Session 2009-10: Vol. 1 Report and Formal Minutes: House of Lords Paper 5-i Session 2009-10. United Kingdom: Stationery office, p. 55-96, 2009. William, B. Navigating Today’s Environment: the Directors’ and Officers’ Guide to Restructuring. New Jersey: Beard Books, 2010. Read More