Voluntary Principles on Security and Human Rights - Term Paper Example

Student Name: Instructor name: Unit Name: Date Introduction The Voluntary Principles on Security and Human Rights (Voluntary Principles or VPs) are guiding principles that are set by companies to help in providing clear guidelines of ensuring safety within their premises without violating the rights and freedoms of individuals as stipulated in the Human Rights Act. The Voluntary Principles on Security and Human Rights were for the first time adopted a decade ago and since then a number of companies and organisations across the globe have adopted them. So far companies and organisations that have embraced the use of Voluntary Principles on Security and Human Rights have made major strides in tackling issues related with human right violations. A number of multinational companies and organisations especially those in the mining industry have adopted and implemented Voluntary Principles on Security and Human Rights to help in addressing issues with human rights in relation to security and safety. This paper therefore aims to explore implementation of the Voluntary Principles on Security and Human Rights by various companies and organisations across the globe. It will examine how various countries, companies and organisations that have adopted these principles have succeeded in its implementation. Explore how they have particularly benefited from these principles and the challenges encountered. In addition it will give an overview of the experiences and learning in connection with the implementation of the Voluntary Principles on Security and Human Rights (Hendry, K, & Klein, D., August 2010). Implementation Process Members that have adopted Voluntary Principles on Security and Human Rights (VPs) collectively acknowledge that cooperation between all members is key to ensuring successful implementation of the principles. This can either be between members within the same county or between members from different countries. The members believe that cooperation will facilitate speedy and effective means of ensuring a successful and efficient implementation of the voluntary principles among members. For instance Colombia has succeeded in implementing the voluntary principles by initiating cooperation among Colombian companies without receiving support from other foreign active members. However this has not been the case for other nations that have tried to emulate Colombia. It should be understood that the process of implementation is likely to vary among members because of varying degrees of exposure. However for an effective and efficient process to be realized companies must acknowledge best practices in their operation. Therefore stipulated acceptable guidelines and procedures should be adopted. Prior adoption of the Voluntary Principles The perfect time for those in authority to show commitment to the agreements of VPs and ensure that the principles are formally introduced and put in agreement is before the companies start operating. Moreover, at this stage at the home governments is keen and eager to adopt the principles of a particular project as opposed to after the commencement of the project. Working group committed to the Voluntary Principles The in-country process can ensure effective and efficient implementation of the VPs by ensuring that key members selected to foresee the implementation process acknowledge that the VPs are essential and are committed to the VPs and are therefore capable of using their positions to persuade the government to embrace and take part in the implementation process. It is also important that the process has an advocate and that each company has a champion from inside the company to help run the implementation process from within company, otherwise the process can become messed up and may not be successful. ACP has been viewed to have greatly contributed to the successful implementation of the in- country Colombian process and has coordinated most of the National Committee’s efforts. Active participation by host government In order to ensure that a great deal of companies and local organisations take part in the in country implementation process the host government should be willing to give full support to members. Failure by the home government to acknowledge and participate in the process could imply that the process does not therefore address the issues of all concerned parties and therefore hindering the implementation process further. For instance was able to successfully adopt and implement the in country process because the government was fully involved and gave necessary support to members. Therefore companies and organisations that wish to successfully implement this process should advocate for support and active participation from home governments. The process of implementation usually occurs at local level, site level or globally: Project level of implementation In this level enforcement of the principles by individual companies occurs in accordance with clear stipulated rules and regulations at the location of the company. The company ensures that it observes the stipulated policies and procedures in every area where it operates including their main branch. However the process of implementation differs depending on environmental and surrounding factors under which the company functions. A t this level the company usually carries out investigations to ascertain the kind of risks that are likely to be encountered in accordance with the VPs. The company also makes formal agreements with those in charge of ensuring safety and security in the company after laying down the principles that have to be adopted by security personnel. This level is also characterized by sharing of relevant information concerning the VPs to the community, private sector security personnel and law enforcement forces that are legally charged with the responsibility of protecting the public. Strategies through which both the public and security personnel can raise their concerns in regard to violation of rights are put in place. International level of implementation At this level both local companies and foreign companies that are committed to the VPs come together and raise issues pertaining human rights to the international community and actively advocates for protection of human rights. At this level the company ensures that international community receives necessary information and knowledge concerning the VPs. National level of implementation At this level local companies non- governmental organisations in partnership with the home government come together encourage members to embrace VPs and show their commitment to the principles. Local companies lay down initiatives that can be adopted within the country to ensure adoption and effective implementation of the VPs. Governments are particularly advised to embrace the principles and offer state support to companies that wish to adopt the VPs. At the same time initiatives are taken to ensure people throughout the country receive necessary information concerning VPs. While there will never be a prescriptive guide on how to drive a national-level process, because each case is unique, there are organizations and individuals with knowledge and the desire to support in-country implementation. Groups interested in developing in-country processes, whether at the national or provincial levels should seek for support from the committee in charge through the Secretariat of the VPs (Hendry, K, & Klein, D., August 2010). In-country implementation processes VPs member companies, in partnership with governments, are encouraged to adopt and take part in the ‘in-country processes’ of implementation to enable them incorporate the VPs into host country policies and practices. This will enable them develop proper communication with concerned stakeholders that include non-governmental organisations, civil society and the general public in accordance with the human rights as pertaining to security and safety. A task force was set up by active members of the VPs to facilitate in the in country implementation process. In addition additional groups were also set up by the Plenary to help in tackling challenges that the in country implementation process encounters. These include issues with poor governance and communication systems. For instance Colombia has successfully launched and implemented the in-country process and it has evidently been beneficial to its members (London, 2010) Colombian in- Country Implementation Process In 2004, a committee for Colombian companies that are members of the VPs approved a number of initiatives that could foresee the implementation process. The committee came up with a number of initiatives that included promoting sharing of information and knowledge among Colombian companies. The working group identified a need to improve the exchange of information between companies, the Colombian State agencies, and home government embassies to allow for better identification of risks and the potential for violence. Efforts have been made to explore existing databases that catalogue such information and enable greater access to this wealth of data. The working group has already identified relevant databases in the Office of the President, the Ministry of Foreign Affairs, the Ministry of the Interior and Justice, the Ministry of Social Welfare, the Attorney General’s Office, Inspector General’s Office and the Ministry of Defense, and is currently exploring strategies for granting greater access to pertinent information. Regardless of the medium, the key goal behind enhancing information sharing has been to help companies learn how the state bureaucracy works on issues related to security and human rights. Another initiative that was to be undertaken Coordinating Responses to Human Rights Abuses: The working group also established common communication channels and policies to address issues related to human rights violations. The group plans to involve the Attorney General’s Office, Inspector General’s Office, and public service office to facilitate the process. In 2008, the Committee collaborated with various government institutions, including Ministry of Defense, the Office of the Attorney General, the Superintendence for the Control of Private Security Companies, and the Ombudsman’s Office regarding the VPs. This has been useful in updating the government on what is happening and also in creating a joint communication system in relation with security and human rights issues between the companies and government agencies. Draft Performance Indicators International Alert, a London-based NGO and all the companies that are committed to VPs in partnership with Fundación Ideas para la Paz (FIP) agreed to establish these performance indicators. The indicators were created due to International Alert’s good understanding and knowledge on how to handle very delicate issues related to risks in the operations of the companies and impact methodologies with several members of the Comité Minero Energético in Colombia as well as FIP´s analysis of multinational oil and mining company security and human rights practices within the country. In addition, International Alert called for a workshop at the Universidad Javeriana in June 2007. Companies in Colombia began to test these indicators in 2008 in consultation with other members of the Comité Minero Energético including Presidential Programme on Human Rights, the Ministries of Foreign Affairs and Defence and the Asocación Colombiana del Petróleo. The successful process in 2008 has been as an opportunity for companies to establish a clear foundation for launching a successful implementation process. Risk Assessment In 2001 the working group in partnership with the government and local companies established a number of best practice guidelines to facilitate the assessing of risks based on workshops held across Colombia. Majority of the companies review dangers related to security and human rights to prevent occurrence of major risks. Some companies believe that integration of the Voluntary Principles into social impact assessments is an essential approach because approval by government authorities greatly influences commitment to implementation, and thus get the host governments to get involved in the process. Yet another company shared its specific guiding principle behind assessing risk: The guiding principle for risk assessment and mitigation is to build up a sound understanding of local conditions as early as possible in the business process, to allow identification, prioritization and mitigation of all major risk elements. This early risk assessment is essential because it enables companies to address issues concerning these risks at an early stage before the situation worsens. Other companies assess risks involved by analyzing political, social and economic factors and their security implications which may trigger risks as the basis of their assessment. Therefore assessment entails examination of the likely impact of violence, conflict analysis, equipment transfers and terrorist activities. Complete assessments are normally performed annually although certain companies require a much more active assessment process (Information Working Group Company Implementation Report). Strategies employed by Colombia in implementing VPs VPs member companies, together with their home and host governments, are encouraged actively take part in setting up an in-country processes to facilitate the incorporation of the VPs into host country policies and practices and to necessitate proper communication with the concerned stakeholders. In Colombia, both companies and the Colombian government expressed interest to get involved in issues of security and human rights alongside the backdrop of what was a challenging operating environment. In October 2003, an in-country process meeting was held in Colombia by the U.S. embassy in Bogotá. Those present in the conference included representatives from U.S. and European oil companies, the Asociación Colombiana del Petróleo (ACP); ambassadors from US, UK, the Netherlands and Norway; and Colombian government officials from the Office of the Vice President, Ministry of Foreign Affairs, Ministry of Defense, as well as the Ministry of Energy and Mines. This first meeting resulted in the decision to form a working group, which was first called the National Committee on the Voluntary Principles and then the Mining and Energy Committee for Human Rights, tasked with addressing the implementation of the VPs and reviewing broader security issues (Information Working Group Company Implementation Report). The Benefits of Voluntary Principles The Voluntary Principles offer key guidelines on ensuring security and safety in company operations and enable companies address issues related with human rights violation in the context of security and safety. This is particularly essential among companies that operate in areas that have a history of human rights violations. In addition, the VPs ensure that members are held accountable to their actions especially in accordance to human rights violations. The VPs enable members to collectively tackle issues pertaining to human violations. The Voluntary Principles help to raise both the profile and internal awareness of security and human rights issues. Another strength of the Principles is that they ensure creation of awareness on issues related to security and human rights issues among employees and the general public. In addition, the voluntary nature of the Principles has also promoted exchange and sharing of information and knowledge between companies and organisations. Difficulties encountered by VPs members Even though some members have successfully implemented VPs they have encountered a number of difficulties hence the need for urgent measures to address these challenges. This will enable members to be fully committed to the VPs. Lack of participation by government. Most governments have been reluctant in supporting companies that have adopted these principles hence making it difficult for these companies to successfully implement the principles without the support of their governments. In addition non-governmental organisations have also been reluctant in participating in the principles a move that has been seen as a major setback to companies that want to adopt and implement these principles. Even though few NGOs have shown such as Red Cross have shown their interest in working with local companies to ensure that the principles are implemented these have been a very small number as compared to the number of NGOs that exist. In Colombia for example, a local Columbian NGO, Fundación Ideas para la Paz (FIP) in collaboration with IA were among the committee members that steered the creation of Voluntary Principles Indicators and also involved I giving assistance to CSBP in assessing the risks associated with security and safety. Therefore efforts must be made to encourage more NGOs to actively take part in the implementation process. A major challenge that most companies face especially those in the extractive industry especially those that operate in developing countries that are characterised by political instability is to gain and maintain community support especially when they try to implement the VPs. Lack of community support may result in opposition from the local community and in turn affect the operations of the company. Organisations face tremendous difficulties when determining which best practices to practise in order to establish and maintain approval to operate in a specific region (Anna, 2010). Another difficult that is encountered in the implementation of the principles is inconsistent participation from companies and lack of commitment by members. Site operators tend to have the highest level of commitment and ability, while small companies and minority partners often feel ill-equipped to implement the Principles. There is some belief among working group participants that those involved in the process should work to standardize implementation of the Principles (McFetridge, July 2008) Conclusion In order to have effective and efficient security the public must collaborate with the security personnel. Operating according to security and human rights principles helps to carefully handle risks involved and ensure protection of the rights of individuals as stipulated by the Human Rights Act. The VPs play a major role in ensuring that human rights are not violated by companies especially in line with security and safety. Therefore efforts should be made all concerned parties to facilitate effective and efficient implementation of these principles. Governments of member countries, local and international non -governmental organisations and the civil society should collectively work in partnership with members to ensure adoption and successful implementation of the principles. Implementation best practices include the incorporation of the VPs with current management systems and human rights and voluntary principles training programs for employees and security contractors. Generally difficulties encountered in the implementation process include the lack of proper framework for reporting cases where rights have abused, inadequate staff resources dedicated to implementation of the VPs and a failure in instances to extend best practices to contractors. Both governments and companies usually have varied strategies and mechanisms that can be employed to adopt and implement the VPs. While there is no single formula for a successful in-country process, the Colombia process offers some important learning opportunities for in-country initiatives that can be undertaken by companies and countries that wish to adopt the in-country process. The initiatives include active involvement of both host and home governments, broader participation that involves all stakeholders, limited barriers to companies and countries that wish to join VPs and prior adoption of voluntary principles as well as formation of working groups committed to the VPs. References Anna M. (2010). Xstrata in the Dominican Republic: Integrating Security and Human Rights Principles into Business Practice. Bendell, J. and Lake, R. (2000). New Frontiers: Emerging NGO activities to strengthen Transparency and accountability in business. In, Bendell, J. (ed.), Terms for Endearment. Sheffield: Greenleaf Publishing Limited, pp. 226 –238. Bennett, J. (2002). Multinational Corporations, Social Responsibility and Conflict Hendry, K, & Klein, D. (2010). Voluntary Principles on Security & Human Rights: National- Level Implementation Guidance Note. London, L. (2010). Voluntary Principles on Security and Human Rights: Implementation Process Feasibility Study in Peru. McFetridge, D. (2008). The Voluntary Principles on Security and Human Rights: An Implementation Toolkit for Major Project Sites Tuodolo, F. (2007). Corporate Social Responsibility: Between Civil Society and the Oil Industry In the Developing World. Retrieved November 10, 2011 from http://www.voluntaryprinciples.org/files/Implementation_Guidance_Tools.pdf Read More