“Touched You Last!”: Responsibility for Government impacts connected with Resources Projects

The last two decades have seen increasing consensus that resources companies have some responsibility for human rights issues within their operations and supply chains. Since 2011, there is accepted wording on what a ‘business responsibility to respect human rights’ entails.3 But there is no consensus on how this works when human rights violations are committed by government personnel near, or somehow connected with, a company’s resource or energy operation. Many court proceedings have included allegations of company responsibility associated with such events, and claims for compensation or other redress. Most of these claims have been either dismissed by domestic courts (adjudging the company not liable under domestic law) or settled (after company jurisdictional objections fail, and court rulings the litigation will proceed). But international standards and mechanisms point to increasing complexities in understanding the responsibilities between state and company. This paper addresses these issues under the following headings:
I. Introduction
II. The issue and examples
III. Relevant international standards and materials
(a) Inter-governmental standards about business conduct
(b) Financing and stock exchange guidance
(c) Independent reporting standards and mechanisms
IV. Relevance to individual mining operations
(a) Current guidance
(b) Application (by companies)
(c) Implications (for companies)
(d) Future developments (companies and governments)?
V. Take-aways
(a) Understand contemporary international standards
(b) Review corporate processes
(c) Respond to alleged impacts
VI. Examples of relevant proceedings