Human Rights & Business Roundtable

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An Introduction

Human Rights and Business Roundtable

A Commitment to Dialogue by The Fund for Peace


The 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. 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. Copyright Š 2011 The Fund for Peace. All rights reserved. This program description is proprietary to The Fund for Peace. No part of this publication may be reproduced or transmitted in any form or by any means without prior written consent from The Fund for Peace.

The Fund for Peace Sustainable Development, Sustainable Security The Fund for Peace Publication FFP : SHRTP1118 (Version 11C) Circulation: PUBLIC

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

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Human Rights & Business Roundtable

Overview Introduction & Contents Launched 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.

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Activities & Benefits

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Participants

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What People are Saying

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Beyond the Roundtable About The Fund for Peace

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a report, then only formal presenters will be attributed and only with their expressed permission.

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.

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.

Guidelines The 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.

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. 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.

The Roundtable is based on confidentiality. There is no attribution to individuals or their organizations of what was said. If we do issue

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What Makes the Roundtable Unique

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Human Rights & Business Roundtable

Why the Roundtable is Unique The Roundtable is… Confidential Now in its fourteenth year, the Roundtable continues to successfully execute off-therecord dialogues between human rights, business, development, and legal experts. 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.

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.

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.

The Roundtable’s activities work to develop solutions and anticipate future problems on such issues as

Cost-efficient From high profile lawsuits to shareholder resolutions, companies have recognized that the cost of inaction is greater than the cost of

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Revenue Sharing Forced Displacement Indigenous Rights

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Corruption Security Threats Forced Labor


Human Rights & Business Roundtable

Activities and Benefits 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.

Members have unfettered access to Roundtable Plenary Meetings that bring a wide network of compani es, nongovernmental 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

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, proj ect-lev el gri evance mechanisms, developing dialogues with public security forces, and addressing challenges related to health in isolated environments.

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.

Sidebars

Off-Site Expert Sourcing

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

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

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Activities and Benefits

security forces, consultation and compensation to indigenous communities, identifying local and international partners, environmental preservation, and revenue sharing schemes.

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.

Replication of the Roundtable 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.

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.

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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Human Rights & Business Roundtable

Participants Current Participants American Petroleum Institute

International Labor Organization International Stability Operations Association

Amnesty International Barrick Gold Corporation

Marathon Oil

Center for Budget & Policy Priorities

National Democratic Institute

Chevron

Newmont Mining

CHF International

Pact, Inc. Partners for Democratic Change

Citizens for Global Solutions 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

International Alert

U.S. Department of Defense

International Finance Corporation

U.S. Department of State

Inmet Mining

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World Bank

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Human Rights & Business Roundtable

What People Are Saying “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

“We 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. “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 Roundtable is a truly significant endeavor…It has rendered a tremendous service …many of the Roundtable’s objectives are fundamental to American foreign policy”. Paula Dobriansky Former U.S. Undersecretary of State for Global Affairs

“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 “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, Fmr. President of the United States

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Sustainable Development & Security

Beyond the Roundtable The 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 beyond direct employment 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.

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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.

The work of FFP 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.

Conflict and Human Rights Assessments Community

Relations

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Stakeholder

Engagement

Monitoring and Reporting Mechanisms

Voluntary Principles on Security and Human Rights Initially conceived at a Fund for Peace Human Rights & Business Roundtable meeting, FFP is an active participant in the Voluntary Principles on Security & Human Rights. The Fund for Peace is proud to be serving on the

FFP frequently supports companies in their development of the following activities:

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Human Rights & Security Polices

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Sustainable Development and Sustainable Security

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. Health & Business Roundtable 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.

Steering Committee of the Principles for the 2011-12 term.

Private Security and Human Rights

Voluntary

Private contractors, though an important component of various governments’ defense and foreign affairs strategies, can negatively affect local communities, undermine nationbuilding and thus national security goals. It is therefore important that contractors be properly accountable and overseen.

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,

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About

The Fund for Peace

Conflict Early Warning and Assessment

Sustainable Development, Sustainable Security

Transnational Threats

The 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. 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 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. We have worked in over 50 countries with a wide range of partners in all sectors: governments, international organizations, the military, NGOs, academics, journalists, civil society networks, and the private sector. The Fund for Peace offers a wide range of initiatives focused on our central objective: to promote sustainable security and 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:

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Conflict Early Warning and Assessment; Transnational Threats; and Sustainable

Development,

Sustainable

Security.

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The Fund for Peace Sustainable Development, Sustainable Security

www.fundforpeace.org FFP : SHRTP1118


Human Rights & Business Roundtable

Principles Joint Statement 1. 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.

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. 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.

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.

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 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.”

3. 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 non-discriminatory manner consistent with international norms and standards. From the perspective of the business community, the Rule of Law is essential to the protection of property, the enforcement of contracts, the elimination of corruption and the maintenance

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Principles

6. 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 where human rights considerations are present subject to considerations of confidentiality and the necessity of protecting sensitive sources. (b) By the same token, the participants from the

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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. Adopted April, 2001

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Participants

Past & Present Participants 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

Freedom House Freeport McMoRan George Washington University Georgetown University Law 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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