Voluntary Principles Initiative Guidance on Certain Roles and Responsibilities of Governments

Transcription

1 Vluntary Principles Initiative Guidance n Certain Rles and Respnsibilities f Gvernments Gvernments shuld prvide an enabling envirnment fr the implementatin f the Vluntary Principles. It is recgnized that all gvernments participating in the Initiative f the Vluntary Principles n Security and Human Rights (the Vluntary Principles Initiative r VPI ) remain bund by their existing bligatins under dmestic law and applicable internatinal humanitarian law and internatinal human rights law, including with regard t respecting and prtecting human rights and fundamental freedms. Gvernments shuld be guided by the UN Guiding Principles n Business and Human Rights, which prvide guidance regarding the state s duty t prtect against human rights abuses and cmpanies respnsibility t respect human rights. This dcument describes ways in which Participant Gvernments may cntribute t fulfilling certain f their rles and respnsibilities under the Gvernance Rules f the Vluntary Principles Initiative. GENERAL GOOD PRACTICE Cmmitment t the Rules f the VPI Participants in the Gvernment Pillar are expected t: Abide by the VPI Gvernance Rules; Attend Annual Plenary Meetings, and as apprpriate and cmmensurate with resurce cnstraints, extrardinary plenary and in-cuntry meetings; and Implement Natinal Plan(s) (where applicable). Engagement in the VPI Participants in the Gvernment Pillar are encuraged t: Participate in Pillar Meetings; Participate in Wrking Grups; Participate in in-cuntry meetings; Prmte crss-pillar crdinatin t supprt implementatin f the Vluntary IMPLEMENTATION AND/OR ASSISTING IN IMPLEMENTATION Rule f Law As related t the Vluntary Principles, Participant Gvernments are encuraged t wrk with ther gvernments in cuntries where il, gas, and mining extractin ccurs. Prmte and prtect human rights, cnsistent with its internatinal human rights bligatins, including by develping apprpriate regulatins, plicies, prgrams and tls. Abide by its bligatins under internatinal human rights law and internatinal humanitarian law. If requested and where apprpriate and feasible, Gvernment Participants may assist each ther with security sectr refrm, strengthening f the rule f law, and develping institutinal capacities. Gvernment Participants shuld identify 1 PROMOTION Public Expressin f Cmmitment Express thrugh, laws, plicies, and regulatins, public statements, publicly available annual reprts, and ther means. Outreach t Internal Stakehlders Cnduct educatinal utreach t ambassadrs, embassy and cuntry fficers; Cnduct educatinal utreach acrss gvernment agencies, and ministries; and Crdinate acrss departments, bureaus, and ministries t raise awareness and help identify linkages and pprtunities. Outreach t External Stakehlders Natinal Level Recgnize and supprt the rle civil sciety can play in Vluntary

2 Principles; Share lessns learned thrugh regular exchanges, at prject level, in cuntry, reginally, and at the Plenary-level as a mechanism t share gd practices, imprve crss-pillar understanding, and identify cntinuus imprvement pprtunities; and Wrk t maintain the Vluntary Principles Initiative as a leading multi-stakehlder initiative, aligned with internatinal nrms and best practice in the field f business and human rights. Transparency and Dialgue Participants in the Gvernment Pillar are expected t: Submit annual reprts n effrts t implement r assist in the implementatin f the Vluntary Principles; Cmmunicate publicly, at least annually, n effrts t implement r assist in the implementatin f the Vluntary Principles; Participate in dialgue with ther Participants; pprtunities fr intra-pillar and crss-pillar cllabratin n prjects within their jurisdictin. Within the cntext f the Vluntary Principles and in accrdance with natinal and internatinal law, Gvernment Participants shuld take apprpriate steps t prevent, investigate, punish and redress human rights abuses within their territries and/r jurisdictin by third parties, including extractive cmpanies and public and private security service prviders, thrugh plicies, legislatin, regulatins, and adjudicatin, as well as take apprpriate actin t prevent recurrence. Gvernment Participants shuld prvide effective guidance t extractive cmpanies n Vluntary Principles implementatin, when requested. Create an enabling envirnment t allw lcal stakehlders t cntribute t Vluntary Principles implementatin. Risk Assessment When pssible and apprpriate, share infrmatin needed fr adequate cmpany risk assessments (bearing in mind cnfidentiality cncerns) with Crprate Participants and lcal civil sciety; Cnsult as apprpriate with cmpanies abut the impact f their security arrangements n lcal cmmunities, and risks presented by the ptential fr vilence; and 2 Principles implementatin; Crdinate awareness raising activities amng diplmatic missins, cmpanies, and NGOs f Vluntary Principles participant cuntries t help ensure a cherent apprach in prmting utreach and implementatin n the grund; Regularly cnduct utreach with dmestic extractive cmpanies t encurage them t implement the Vluntary Principles and jin the Initiative f the Vluntary Principles;.and Encurage in-cuntry gvernment representatin (embassies etc.) t lead hst gvernment dialgue n the Vluntary Principles Internatinal level Regularly cnduct utreach with gvernments t build their understanding f the Vluntary Principles; encurage them t supprt the Vluntary Principles; and encurage them t jin the Vluntary Principles Initiative; Engage with external stakehlders t crdinate effrts, share best practices and prmte discussin and learning thrugh case studies. This can be dne thrugh, fr example, speeches, cnferences, presentatins and statements made in multilateral and bilateral frums; Use multilateral frums and

3 Prvide timely respnses t reasnable requests fr infrmatin frm ther Participants t facilitate understanding f issues related t assistance in implementatin f the Vluntary Principles; Publicly prmte the Vluntary Principles; and Practively implement r assist in the implementatin f the Vluntary Principles. Participants in the Gvernment Pillar will endeavr t: Share infrmatin abut their effrts t implement r assist in the implementatin f the Vluntary Principles with ther Participants and the public; Supprt implementatin f the principles n the grund; and Abide by their rles and respnsibilities set frth in this dcument. Where apprpriate, in-cuntry Vluntary Principles Gvernment Participants, at the embassy level, shuld endeavr t supprt cmpany risk assessment prcesses, fr example, thrugh cnversatin with hst gvernment n risks. Plicies, Prcedures & Guidelines Enable and supprt cmpanies in implementing the Vluntary Principles; In cnflict areas, engage at the earliest stage pssible and assist Crprate Participants t help them identify, prevent and mitigate the human rights-related risks f their security arrangements and prvide adequate assistance t assess and address the heightened risk f abuse; Supprt cmpany effrts t implement the Vluntary Principles n the grund by wrking with stakehlders including gvernments, cmpanies, NGOs, lcal cmmunities, and lcal and reginal gvernment institutins t engage in jint learning and mutual prblem slving; and Wrk clsely with cmpanies, cmmunities and civil sciety rganizatins n the grund t help develp, identify, deliver and recrd best practices n implementatin f the Vluntary Principles and seek ways t share these with Participants in the Vluntary Principles Initiative. At the Embassy Level: Identify and build relatinships with hst gvernment fficials, VP engagements t reference and prmte the Vluntary Principles, where apprpriate; Use bilateral engagements t encurage cperatin by gvernment entities respnsible fr security, licensing/cncessins, versight, and ther ptentially relevant issues with extractive cmpanies, NGOs and ther relevant stakehlders; and Prmte greater awareness f the Vluntary Principles amng relevant natinal and sub-natinal gvernment entities in bilateral engagements. 3

4 participant cmpanies, public security, private security cmpanies, and hme state cmpanies perating in hst state and lcal civil sciety; and As apprpriate, cnvene multistakehlder meetings with in-cuntry Vluntary Principles Participants, lcal cmmunities, and hst gvernment fficials with the view t raising awareness and supprting implementatin. Public Security Prmte and allw adequate and effective training fr public security prviders, including n internatinal human rights law, internatinal humanitarian law, lcal and natinal laws, and internatinal law enfrcement principles; Cperate with cmpanies as apprpriate in develping the human rights recrd f bth public security frces and lcal and natinal law enfrcement persnnel; When prviding public security t cmpanies, supprt cmpanies effrts t take apprpriate steps t a) avid hiring individuals wh are credibly implicated in human rights abuses, including thrugh apprpriate vetting mechanisms, b) wrk t ensure that frce is nly used when strictly necessary and t an extent prprtinal t the threat, and c) wrk t ensure that public security frces d nt vilate the rights f individuals t freedm f assciatin and peaceful assembly, the right t engage in cllective 4

5 bargaining, r ther related rights as recgnized by the Universal Declaratin f Human Rights and the ILO Declaratin n Fundamental Principles and Rights at Wrk; Prmte and enable inclusin f Vluntary Principles language in agreements between cmpanies and public security prviders; and Prmte and enable making security arrangements transparent and accessible t the public, subject t any verriding safety and security cncerns Private Security Prmte and allw adequate and effective training fr private security prviders, including n internatinal human rights law, internatinal humanitarian law, lcal and natinal laws, and internatinal law enfrcement principles; Cperate as apprpriate with cmpanies in develping human rights recrd f private security prviders; and Develp apprpriate plicies and versight fr the gvernment s wn use f private security service prviders. Accuntability Prmte and prvide adequate and effective training fr lcal prsecuting authrity and the judiciary n internatinal human rights law, internatinal humanitarian law, lcal and natinal laws, and internatinal law enfrcement principles; 5

6 Update Participants n implementatin via annual reprts and peridic presentatins; Participate in pen discussins and peerreview f implementatin as utlined in the Gvernment Pillar Verificatin Framewrk; Where apprpriate, supprt/chair/ in cuntry wrking grups n Vluntary Principles implementatin; and As related t the Vluntary Principles, Participant Gvernments shuld take apprpriate steps thrugh judicial, administrative, legislative, r ther apprpriate means t ensure that when cmpany-related human rights abuses ccur within their territry and/r jurisdictin, thse affected have access t effective remedy. 6