VPSHR – Africa: Managing Human Rights Risk in the Extractives Industry

For decades, countries rich in oil, gas, or minerals have been cursed by conflict surrounding these resources. Companies in the extractive industries are often accused of complicity in violating human rights.

In the 1990s, a flurry of allegations of extractive companies collaborating with governments in the commission of human rights abuses in Africa, brought this issue to the forefront and exemplified the need for international guidance for extractive companies in responding to security challenges.

In 2000, extractive companies, non-governmental organizations (NGOs), the United States and other governments began working together to ensure that as companies extract resources, they take tangible steps to minimize the risk of human rights abuses in surrounding communities.

This effort resulted in the birth of the Voluntary Principles on Security and Human Rights Initiative (VPs Initiative).

The VPs Initiative seeks to implement a set of principles—the VPs—that spell out how companies should conduct risk assessments and interact with both public and private security personnel. The VPs provide guidance on how to operate responsibly, prevent abuses, and respond to abuses when they occur. For example, the VPs specify that companies should work with local law enforcement to bring about the appropriate use of force by public security forces.

The VPs Initiative provides a platform for participants to engage with foreign governments and local stakeholders to address human rights challenges in high risk environments. It helps provide the general public the needed reassurance that companies and governments take seriously human rights concerns when conducting business. Today, 22 multinational oil, gas, and mining companies, 10 NGOs, and eight governments participate in the VPs Initiative.

As the VPs Initiative matures, the importance of participation by governments who host extractive industry activity becomes increasingly important. VPs Initiative participants focus on outreach and implementation to “home governments” where extractive companies are headquartered and “host governments” where extractive companies operate — including countries in Africa, Latin America, South America, and southeast Asia.

Participation by “host governments” in the VPs — like participation in other multi-stakeholder initiatives, such as the Extractive Industry Transparency Initiative — promotes good business practices by companies and helps governments undertake their duty to protect human rights.

This commitment is grounded in international law and echoed in the United Nations Guiding Principles on Business and Human Rights (Guiding Principles), a framework endorsed by the UN Human Rights Council in June 2011 that provides globally applicable guidance on business and human rights.

Implementation of the Guiding Principles varies by industry given that different human rights risks are higher in certain industries. In the oil, gas, and mining industry sectors, security-related human rights risks are of particular concern. The VPs is the only set of guidelines that address these issues in-line with the Guiding Principles for these sectors. By joining the VPs Initiative, governments not only demonstrate their commitment to security and human rights, but also to implementing the Guiding Principles.

Africa’s extractives industry draws some of the most powerful extractive companies in the world, including ExxonMobil, Shell, BHP Billiton, Barrick Gold, Chevron, and Rio Tinto. These companies participate in the VPs Initiative, and view it as an essential part of their business model. However, successful implementation of the VPs is dependent on government participation in the VPs Initiative too. If security forces are to take seriously the training they receive from companies, government buy-in is critical.

Moreover, government participation signals to oil, gas, and mining companies’ their commitment to the industry and communities’ success and to creating a positive business environment that will attract further investment. The United States will continue to work with African countries as they seek to develop their natural resources in a safe and responsible manner. As part of these efforts, we encourage governments on the continent to join the VPs.

Uzra Zeya is the U.S. Acting Assistant Secretary for Democracy, Human Rights, and Labor.

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