Human Rights and Business Roundtable
A Commitment to Dialogue by The Fund for Peace
HUMAN RIGHTS AND BUSINESS ROUNDTABLE | THE FUND FOR PEACE
Copyright Š 2011 The Fund for Peace This program description is proprietary to The Fund for Peace. All rights reserved. The Fund for Peace 1720 I Street NW 7th Floor Washington, D.C. 20006 T: +1 202 223 7940 F: +1 202 223 7947 www.fundforpeace.org The Fund for Peace Publication PD-11-14-HR (11-04C) Circulation: PUBLIC
Contents
Overview
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Activities and Benefits
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Current Participants
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Past and Present Participants
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What People Are Saying
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Guidelines for Plenary Sessions
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Joint Statement of Principles
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Working Towards Sustainable Development, Sustainable Security
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About The Fund for Peace
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The Failed States Index
Human Rights and Business Roundtable
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aunched in 1997, the Human Rights and Business Roundtable brings together multinational businesses, human rights organizations and other stakeholders to discuss issues of common concern and explore possible
solutions to problems in conflict zones in an atmosphere of mutual respect, trust, and confidentiality.
Constructive The Roundtable’s Joint Principles prohibits “naming and shaming”, allowing our efforts to focus on joint advocacy, education, and action. This method builds the internal corporate social responsibility capacity of each individual member while providing the opportunity to make a difference in the global community.
Today, the Roundtable focuses exclusively on the extractive industry, although the lessons learned and case studies of the Roundtable provide value to all sectors. The Roundtable is an invaluable resource for corporations and NGOs to work together to promote sustainable development, the rule of law and open societies.
Cost-efficient From high profile lawsuits to shareholder resolutions, companies have recognized that the cost of inaction is greater than the cost of action. The Roundtable gives corporate members a competitive edge by reducing liabilities, strengthening relationships to stakeholders, and enhancing brand image. Together, participants also strategize on how to work collaboratively to address challenges and risks associated with operating in complex environments.
How is the Roundtable Unique? The Roundtable is… Confidential Now in its fourteenth year, the Roundtable continues to successfully execute off-the-record dialogues between human rights, business, development, and legal experts.
The Roundtable’s activities work to develop solutions and anticipate future problems on such issues as
Collaborative The Roundtable’s agenda is set by and for the participants. Our activities will constantly strive to reflect the current interests of our participants. The Roundtable is an invaluable resource for corporations and NGOs to work together to promote sustainable development.
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Revenue Sharing Forced Displacement Corruption Indigenous Rights Security Threats Forced Labor
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Activities and Benefits
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embers have unfettered access to Roundtable Plenary Meetings that bring a wide network of companies, non-governmental organizations, government representatives and international finance
institutions together for education, problem solving, and action. As stated in the Roundtable’s Joint Statement of Principles, members enjoy an atmosphere of mutual respect, trust and confidentiality. The agenda is set by and for its members in order to address the concrete issues faced by participating organizations. Plenary sessions take place once every two months.
Globalization & Human Rights Series The Globalization & Human Rights Series covers issues related to the effects of globalization that impact the lives of human beings. Based on open-source research but applicable to the themes of the Roundtable, it seeks to inform a wider audience about the issues discussed within the Roundtable plenaries and in other similar fora. Currently in the series are papers on, “Economic Reform in Weak States: When Good Governance Goes Bad,” “The Effect of the Kimberley Process on Governance, Corruption, & Internal Conflict,” and “The Global Impact of State-Led Energy Pursuits by China and India.” The series is available on our website.
Topics for 2011 are currently being developed with participants and will likely address stakeholder engagement, Voluntary Principles on Security & Human Rights training, building local capacity for community foundations, project-level grievance mechanisms, developing dialogues with public security forces, and addressing challenges related to health in isolated environments.
Off-Site Expert Sourcing
Sidebars
In addressing human right challenges, the Roundtable has the resources and networks available to link its members to the most relevant and credible experts. The Roundtable’s experts help corporations better resolve conflicts associated with post, current and potential investments. Our expertise covers such issues as governmental corruption, human rights training, relationships to security forces, consultation and compensation to indigenous communities, identifying local and international partners, environmental preservation, and revenue sharing schemes.
The Roundtable staff is always on call. We are available to review policies and training materials, discuss ideas, and help identify partners. Upon request, special sessions may be convened on an ad-hoc basis to solicit input from key stakeholders or to work through a pressing issue confidentially. The experience, expertise, and diverse perspectives of the Roundtable help organizations work through the toughest challenges presented by economic globalization. Each corporate Roundtable member can request, at no additional cost, one Sidebar per year. Additional Sidebars can be requested for an additional fee.
Replication of the Roundtable
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The Fund for Peace
Activities and Benefits
The Roundtable has been replicated in Indonesia, thanks to a partnership with the Public Health Institute. Focusing on health, which the Fund for Peace recognizes as an underlying condition of conflict, the Health & Business Roundtable Indonesia is already forging new partnership to help provide sustainable health to workers and communities in rural areas of Indonesia. The Roundtable currently has over 100 organizations as members. Meetings take place in Jakarta once every three months, although we hope that the number will increase as well as the ability to have the Roundtable meetings in other locations around Indonesia.
Corporate Citizen Training Roundtable membership helps educate corporations in the behavior and benefits of being a good corporate citizen. Roundtable membership allows corporations and human rights groups to collaborate for preventative action rather than clash on human rights issues. The Roundtable can guide corporations on how to better communicate and work with the NGO community. The long-lasting partnerships fostered by the Roundtable sustain the integrity and fiscal health of corporations’ current and future investments while promoting innovative approaches to sustainable development.
Based on this experience as well as our increased work with local civil society on the ground, the Fund for Peace is eager to explore opportunities to create full Roundtables in other countries on specific issues, such as health, which can help build local civil society, relationships between them and the private sector, and build trust and understanding, including with government as appropriate.
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Policy Drafting and Evaluation The Roundtable works with its members in developing internal and external policies that are consistent with today’s expectations of a socially responsible organization. The Roundtable can assist in drafting human rights and other policies as well as in the revision and evaluation of an organization’s existing codes. The cooperative participation of human rights groups in the development of corporate internal policies and vice versa gives Roundtable members greater capacity and credibility.
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Human Rights and Business Roundtable Current Participants
American Petroleum Institute
International Labor Organization
Amnesty International
International Stability Operations Association
Barrick Gold Corporation
Marathon Oil
Center for Budget & Policy Priorities
National Democratic Institute
Chevron
Newmont Mining
CHF International
Pact, Inc.
Citizens for Global Solutions
Partners for Democratic Change
Coalition for International Justice
Partnership Africa Canada
ExxonMobil
Public Health Institute
Freeport-McMoran
Search for Common Ground
Groupe OCP
Shell Oil
Hess Corporation
Transparency International
Human Rights First
U.S. Agency for International Development U.S. Department of Defense
International Alert
U.S. Department of State
International Finance Corporation
World Bank
Inmet Mining
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Participants: Past and Present
ABB, Inc. AFL-CIO Akin Gump American University Amnesty International American Petroleum Institute Asia Foundation Ashoka Asia Society Baruch College/CUNY BHP Billiton Boeing Company BP Brookings Institution Business and Conflict Ltd. Business for Social Responsibility Carnegie Endowment for International Peace Carter Center Catholic Relief Services Center for Budget and Policy Priorities Chevron Coalition for International Justice Columbia University Congressional Executive Commission on China ConocoPhillips Council on Foreign Relations Development Alternatives Inc. Embassy of the Republic of Chad Environmental Defense Fund ExxonMobil Fair Labor Association First Peoples Worldwide Foley Hoag LLP
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Freedom House Freeport McMoRan George Washington University Georgetown University Law Center Global Alliance for Worker’s and Communities Global Witness Harvard University Hess Corporation Human and Civil Rights Organizations of America Human Rights Watch IFC Inmet Mining International Center for Corporate Accountability International Human Rights Law Group International Peace Academy International Labor Rights Fund Jacob Blaustein Institute Johns Hopkins University Bloomberg School of Public Health Lawyers Committee for Human Rights Mattel Minnesota Advocates for Human Rights Missionary Oblates of Mary Immaculate Motorola The National Academy of Sciences Newmont Mining Nike Occidental Petroleum Open Society Institute
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Oxfam Pact Partners for Democratic Change Phelps Dodge Corporation Placer Dome Political and Economic Link Consulting Proctor & Gamble Public Health Institute Publish What You Pay Research and Policy Reform Center Revenue Watch Robert F. Kennedy Memorial Center for Human Rights Salomon Smith Barney Shell Oil Sisterhood is Global Transparency International Tufts University, Fletcher School of Law and Diplomacy University of Maryland Unocal United Nations Development Program US AID United States Environmental Protection Agency Uplift International US-China Business Council U.S. State Department Bureau of Democracy, Human Rights and Labor United States Institute of Peace Wofford Consulting World Bank World Monitors
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What People Are Saying
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e look forward to continuing to develop the relationships and trust we have established through the Roundtable, and enthusiastically encourage others to join this groundbreaking and useful forum.”
Archie W. Dunham Chairman, President, and CEO Conoco, Inc.
“While we can meet with many of the Roundtable participants individually -- and often do -- the unique format of a trusted environment where ALL of the parties come together under one roof for candid exchanges is extremely valuable to this company. The Roundtable's place in carefully balancing the views, perspectives, and indeed, agendas of the various players should not be underestimated or undervalued.” Stephen Burns Manager, Corporate Responsibility Chevron
“The Roundtable provides an opportunity to get a window into the decision-making process. We hear about how business representatives struggle within their own organizations to raise these kinds of issues; where the various points of leverage and power are, as well as the motivations behind working on these issues. This information is valuable for both sides to understand each other better.” Elisa Massimino President and CEO Human Rights First
“The Roundtable has been useful because it has allowed the participants to set the agenda rather than coming in with a strong agenda of its own.” Mort Winston Chair Amnesty International USA
“The Fund for Peace Human Rights and Business Roundtable is the only regular meeting place for corporations, human rights organizations, and scholars in the U.S.” Andrés Peñate Director of International and NGO Affairs BP
“By carefully crafting a structured series of acquaintance meetings, the human rights and business participants were able to get to know one another and the values we hold important. After a series of these initial plenary meetings, I learned that the issues we explored together, such as the rule of law, transparency, and freedom of information, were issues upon which we could build a long-lasting relationship”. Genevieve Laffly-Murphy Washington Representative American Petroleum Institute
“At this time there is a gap between government abuses and human rights efforts to bridge this gap… and the only way to cross that bridge is to bring in the corporate community. I think your Roundtable has tremendous potential.” Jimmy Carter Former President of the United States
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The Fund for Peace
Guidelines for Plenary Sessions
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he overall goal of the Roundtable is to promote the rule of law and open societies. To do this we have a common set of principles and have a sustained dialogue over issues of common cause and common concern.
Members and guests of the Roundtable must be able to speak openly, frankly and in confidence in order to identify ways to work cooperatively together in the future to address issues concerning human rights. To make this possible, the Roundtable is guided by a few ground rules.
And everything discussed at the Roundtable is voluntary – for example any proposals brought forth here are not mandatory in any way. And, moreover, any issue that is in litigation will not be discussed. No party to litigation that involves the companies, organizations and/or projects participate in Roundtable Plenary Sessions that relate to such litigation.
The Roundtable is based on confidentiality. There is no attribution to individuals or their organizations of what was said. If we do issue a report, then only formal presenters will be attributed and only with their expressed permission.
These guidelines will help us find ways to work together in specific countries and projects, as well as in general, to promote the rule of law and open societies.
Also, participants may have been invited because of their position and affiliation, but during the Roundtable views expressed by participants represent only their personal views and do not reflect upon their company or organization, unless otherwise stated by the individual.
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The Fund for Peace
Joint Statement of Principles
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The participants from both the business community and the human rights community commit themselves to work together to promote global respect for and observance of the rights and freedoms set forth in the Universal Declaration of Human Rights.
2.
There is a shared recognition that the goals of the human rights community -- to secure respect for human rights and to achieve sustainable development -- and the goals of the business community – to maximize shareholder returns and improve the quality of life through the free market mechanism – can be complementary and can be mutually supportive. The protection of human rights contributes to political stability and reduces the risk of social unrest, conditions which are essential to a favorable investment climate. By the same token, thriving markets are a precondition for the creation of jobs and improvement of living standards, and can contribute to an environment which is conducive to improved social and political conditions.
3.
Law is essential to the protection of property, the enforcement of contracts, the elimination of corruption and the maintenance of a stable and productive work force. From the standpoint of the human rights community, the Rule of Law is the very foundation upon which the protection of all human rights rests.
The participants from both the business community and the human rights community commit themselves to the promotion of the Rule of Law -- a system of laws applied by an independent judiciary in a non-arbitrary and nondiscriminatory manner consistent with international norms and standards. From the perspective of the business community, the Rule of
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4.
The participants from the two communities also commit themselves to the promotion of open societies worldwide and to free access by all members of the world community to one another, conditions under which the goals of each community are most likely to be advanced.
5.
The two communities recognize the growing economic interdependence among nations. This interdependence underscores the critical importance of providing an appropriate level of resources and authority to the United Nations and other multilateral institutions which play a central role in advancing human rights. Likewise, the role of these institutions in promoting peace and development contributes importantly to a favorable investment climate. These relationships were recently recognized in the Joint Statement on Common Interests by the Secretary-General of the United Nations and International Chamber of Commerce: “Efforts by the international community to promote appropriate policies and good governance, to strengthen institutions and infrastructures, to eradicate poverty and to develop human resources
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Joint Statement of Principles
are critical to the creation of a business-friendly environment … Business is well aware that it must be a responsible partner in the social order in which it operates.” 6.
(b) By the same token, the participants from the corporate community recognize that there are fundamental international human rights standards to which their companies must adhere to be good international corporate citizens. They are: (i) To avoid complicity in governmental human rights abuses in the countries in which they operate. (ii) To uphold and respect human rights in the corporation’s own practices and sphere of influence. This includes avoidance of the use of child or forced labor; promotion of equal opportunity for employees at all levels without regard to color, race, gender, age, ethnicity, religion or national origin; respect for employee freedom of association and right to collective bargaining; and provision of a safe and healthy workplace. (iii) To make measurable progress toward the goal of a wage level for all workers which will provide them and their families with basic human needs. (iv) To develop explicit company policies and procedures to ensure that security arrangements do not contravene international human rights standards. (v) To actively engage with the leadership and voluntary organizations of the communities in which they operate regarding the impact or potential impact of company operations on the enjoyment of universal human rights; and to use their influence with host governments to cause the local community to share appropriately in the benefits realized by the host government from company operations. (vi) To afford transparency with respect to compliance with these standards.
The participants from the corporate community and the participants from the human rights community commit themselves to the continuance of dialogue, to the continued search for common interests, to work together to advance those goals and principles which are the subject of this Joint Statement and to work to explore the possibilities for development of a mutually supportive relationship. Each recognizes that such a relationship will require a better understanding of the other community and is likely to require changes in behavior and in tactics. (a) The participants from the human rights community recognize that cooperation with industry can be an effective means to address areas of common concern. The participants from the human rights community also recognize that there are often limits to a corporation’s ability to exert political and social influence and on their authority to do so; and that corporate management has a fiduciary obligation to its shareholders to seek to earn a fair profit. Going forward, the participants from the human rights community commit themselves: (i) To make themselves available to representatives of the business community for dialogue in respect of the human rights dimensions of their investments – both actual and potential; and (ii) To make information available to representatives of the business community to facilitate informed decision making w h er e human r i g h ts considerations are present subject to considerations of confidentiality and the necessity of protecting sensitive sources.
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Adopted April, 2001
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The Fund for Peace
Working Towards Sustainable Development, Sustainable Security
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he Fund for Peace has long recognized that companies are an essential part of creating sustainable societies. Companies provide infrastructure development beyond their immediate operations and support local
economies beyo nd direct em p l o y m e n t opportunities. When operating in tense social and political environments, however, companies can easily be seen as part of the problem instead of part of the solution. To operate effectively in areas lacking strong government institutions and a respect for the rule of law, companies need partners. We have spent more than a decade analyzing the best practices and lessons learned from companies and their partners through their efforts to increase a company’s ability to operate with the highest standards despite local obstacles. Combining that experience, our extensive global networks, and proprietary software based on our conflict assessment framework (CAST), FfP has developed a suite of tools to help companies operate in the most sensitive environments. Our tools can assist companies to navigate through complex situations. By turning challenges into opportunities, companies can become known as a good neighbor in the communities where they operate and a preferred investor or supplier. FfP frequently supports companies development of the following activities:
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Human Rights & Security Polices
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Monitoring and Reporting Mechanisms
in
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Conflict and Human Rights Assessments Community Engagement
Relations
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Stakeholder
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The Fund for Peace
Working Towards Sustainable Development, Sustainable Security
There is no better protection for business and communities than a strong relationship.
Health and Business Roundtable
The work of The Fund for Peace places a heavy emphasis on implementation. We aim to not only pursue policy research and dialogue, but to also follow through with implementation in the field.
With our partner Public Health Institute, we have replicated the Roundtable model in Indonesia to support partnership development to increase availability of resources to improve health. Over 80 companies and NGOs have joined the Roundtable in Indonesia.
Voluntary Principles on Security and Human Rights
Private Security and Human Rights Private contractors are an important component of various governments’ defense and foreign affairs strategies. But the behavior of private security personnel can also negatively affect local communities, undermine nation-building and thus national security goals. It is therefore important that a mechanism exists for contractors to be properly accountable and overseen.
Initially conceived at a Fund for Peace Human Rights & Business Roundtable meeting, the Fund for Peace is an active participant in the Voluntary Principles on Security & Human Rights. The Fund for Peace is proud to be serving on the Steering Committee of the Voluntary Principles for the 2011-12 term. Through partnerships, we support Voluntary Principles implementation by companies. Working with both oil/gas and mining companies, we have helped draft human rights policies, created assessment capabilities related to security and human rights, undertaken conflict and human rights assessments, and developed human rights and Voluntary Principles training materials.
The purpose of the Private Security and Human Rights program is to promote better oversight and accountability of private security contractors in contingency operations. By engaging with government, NGOs, the private sector, and local communities, the program seeks to better facilitate understanding of and adherence to the International Code of Conduct for Private Security among all stakeholders.
In Indonesia, working with local institutions we have helped develop one of the most active national working groups to encourage adoption of the Voluntary Principles in Indonesia by companies and the Indonesian government. In 2010, we produced with our partner, International Alert, a Guidance Note on Implementation of the VPs at the National Level, which is being applied in Indonesia, Iraq and D.R. Congo.
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The Fund for Peace
About The Fund for Peace
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he Fund for Peace is an independent, nonpartisan, 501(c)(3) non-profit research and educational organization that works to prevent violent conflict and promote sustainable security.
Conflict Early Warning and Assessment
Transnational Threats
Sustainable Development, Sustainable Security
We have worked in over 50 countries with a wide range of partners in all sectors: governments, international organizations, the military, nongovernmental organizations, academics, journalists, civil society networks, and the private sector.
We promote sustainable security through research, training and education, engagement of civil society, building bridges across diverse sectors, and developing innovative technologies and tools for policy makers. A leader in the conflict assessment and early warning field, the Fund for Peace focuses on the problems of weak and failing states. Our objective is to create practical tools and approaches for conflict mitigation that are useful to decision-makers.
The Fund for Peace offers a wide range of initiatives focused on our central objective of promoting sustainable security, the ability of a state to solve its own problems peacefully without an external military or administrative presence. Our programs fall into three primary thematic areas: Conflict Early Warning and Assessment; Transnational Threats; and Sustainable Development, Sustainable Security.
The Fund for Peace adopts a holistic approach to the issues stemming from weak and failing states. We work at both the grassroots level with civil society actors and at policy levels with key decision makers.
Contact Us for More Information about The Fund for Peace or the Roundtable Krista Hendry
J. J. Messner
Joelle Burbank
EXECUTIVE DIRECTOR
SENIOR ASSOCIATE
ASSOCIATE
T: E:
+1 202 223 7947 ext. 212 khendry@fundforpeace.org
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T: E:
+1 202 223 7947 ext. 206 jmessner@fundforpeace.org
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T: E:
+1 202 223 7947 ext. 209 jburbank@fundforpeace.org
The Failed States Index
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PD-11-14-HR