Working towards responsible business practices in the oil and

gas sector

Rose KimothoProgramme Manager (East Africa)

Institute for Human Rights and Business

Overview

What is the Nairobi Process? Aims and Objectives

Background and Rationale

How oil and gas companies can integrate human rights in their operations

Addressing human rights challenges in the oil and gas sector: Focusing on security

Conclusion

What is the Nairobi Process?

An initiative developed by IHRB, in collaboration with KNCHR, which seeks to embed human rights due diligence in Kenya’s emerging oil and gas sector via UN Guiding Principles.

Government Advocacy(human rights input in legislation under review)

Business to Business Learning(industry grouping of ‘majors’ and ‘juniors’)

Civil Society engagement (capacity building with NHRIs around the UN GPs…)

Three strands of intervention

Background

Tullow’s Oil Discovery in Kenya in early 2012

Proliferation of oil and gas exploration in the East African region

Socio-economic baseline in Kenya (education levels, poverty rates, access to basic services) linked to high level of expectations

Kenyan Constitution of 2010 (Bill of Rights)

UN Guiding Principles (2011)

Aims and Objectives

Creation of industry groupingOngoing engagement with group of

companiesCreation of confidential ‘dilemmas forum’Development of Sector Wide Impact

Assessments

Stakeholders

Government of Kenya (GoK)Host communitiesLicense holders, ie Oil and Gas Companies (‘majors’ and ‘juniors’)Civil Society Organisations (Kenya and East Africa)National Human Rights Institutions (East Africa)Industry Associations

Business and Human Rights

Why should oil and gas companies care about human rights? Because the law requires it. Because the state is sometimes unable to protect rights. Because the state is sometimes unwilling to protect

rights. Because it helps companies anticipate and mitigate

human rights risks. Because it helps manage reputation. Because it can help companies get local approval –

“social licence to operate”. Because external stakeholders ask for it – investors, civil

society, prospective employees. Because internal stakeholders want it – unions, current

employees. Because it is the right thing to do.

International Standards and Guidelines

United Nations Guiding Principles on Business and Human Rights (2011)

IPIECA Guidelines on Human Rights Due Diligence

EU Guidance on Integrating Human Rights Due Diligence in the Oil and Gas Sector

Voluntary Principles on Security and Human Rights

Integrating Human Rights

respect human rights in projects or operations; seek to prevent or mitigate potential human rights issues

that may be caused directly by the company’s projects or operations, or by project

partners and suppliers; have policies and processes to manage potential human

rights issues; express commitment to respect human rights through a

policy statement conduct assessments to identify potential human rights

issues in projects or operations, and have processes in place to manage these issues and track responses;

communicate with stakeholders about how issues are being addressed; and

grievance mechanisms to address issues raised by the community.

Human Rights Due Diligence

Assessing actual and potential human rights impacts.Integrating and acting upon the findings.Tracking responses.Communicating how impacts are being addressed.

Human Rights Challenges

Public security forces Managing expectations and public awareness-raisingDealing with grievancesLand acquisition and useInter and Intra-communal conflictCommunity engagement: consultation, dialogue or consentMinorities and Marginalized groups: women and youthOil and Gas Legal framework Capacity gaps - information on Oil and Gas issues, applying human rights frameworks in Oil and Gas Revenue-sharing and management: national versus local government and communitiesLack of social investmentLoss of livelihoods (with reference to fisher folk in coastal areas)Water management and use 

Addressing Security

Stakeholder consultations: Oil and Gas Companies, VP Signatory Governments and Civil Society

Identification of security as a major human rights challenge by O+G companies

Capacity building around Voluntary Principles on Security and Human Rights

Joint Risk Assessments – Companies, VP signatory governments, Police Services & civil society

Conclusion

The corporate responsibility to respect human rights means that companies must act with due diligence to avoid infringing on the rights of others. In addition to complying with national laws, the corporate responsibility to respect human rights is the baseline expectation for all companies in all situations. Companies may take on additional responsibilities voluntarily, and in some situations, such as when they perform certain public functions, more may be required of them.

Changing corporate culture Aligning policies Undertaking due diligence

Context matters. Impacts matter. Relationships matter.

Establishing corrective mechanisms Incentives and disincentives for particular conduct