The Voluntary Principles Initiative Adopts Model Clauses for Agreements Between Government

The Voluntary Principles Initiative adopts Model Clauses for Agreements between Government Security Forces and Companies

Established in 2000, the Voluntary Principles on Security and Human Rights guide companies in maintaining the security of their operations with respect for human rights. A large group of energy and mining companies, governments, and NGO’s have joined the Voluntary Principles Initiative (VPI) while hundreds of non-member companies have expressed their commitment to implement the principles.

Security provision by governments is a key component of the VPs and obtaining cooperation from host governments can be a major challenge. The VPI is therefore actively inviting host Governments to join the initiative, including many with a poor human rights record. However, while the VPs outlines specific responsibilities of companies, it is not explicit about those of governments.

Companies that provide in-kind or financial support to public security are increasingly entering into written memorandums of understanding (MOUs) and support agreements with government security forces. As a matter of best practice, VPI member companies have been trying to negotiate clauses that ensure that governments respect human rights and support their VPs implementation efforts. With few exceptions, they do so individually, and with mixed results.

In 2015, PAX, a Dutch NGO member of the VPI, took the initiative to develop Model Clauses for Agreements between Government Security Forces and Companies. The aim was to spell out how best to translate the VPs into MOUs andturn expectations that are implicit in the VPs into positive commitments. The resulting Model Clauses are not intended to reflect the entirety of an agreement between companies and public security, or otherwise serve as a model MOU. Instead, they reflect key details of the VPs, that companies and governments who seek to implement the VPs are encouraged to insert into MOUs and agreements.

The Model Clauses were adopted at the 2016 VPI annual plenary meeting in Bogotá. Together, they form a robust set of mutual commitments that can affect real change in difficult circumstances.Theyhave the potential to become a global best practice and the VPI encourages non-member governments and companies to consider them for inclusion in their security agreements.

In a first effort to present and promote the Model Clauses, the VPI will be organizing a panel session at the November 2016 UN Forum on Business and Human Rights in Geneva.

Egbert Wesselink

PAX

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