Equipment

Good Practices

Conduct and/or update needs and risk assessments.

• Assess company needs against the capacity of public security forces. The needs assessment should look at issues such as: transportation, communications, training and availability of non-lethal weapons.
• Assess whether providing any of the above-mentioned resources to public security could pose a security or reputational risk to the company. Balance the benefits against the possible negative consequences.
• Conduct research to analyse relevant past incidents involving logistical or financial support to public security forces.
• Update the risk assessment regularly by drawing on local sources to ensure that changes to the security environment are taken into account.

Seek to ensure that the host government provides appropriate equipment and other resources to public security forces.

• Engage with the appropriate government agencies and emphasise the need for public security forces to have the proper equipment to fulfil their duties effectively in compliance with human rights and international humanitarian law standards.
• Engage with the host government and/or public security senior command to ensure that security providers are equipped with less lethal weapons that would allow for a differentiated use of force. The call on States and law enforcement agencies to develop ‘non-lethal incapacitating weapons for use in appropriate situations, to restrain the application of the means and equipment capable of causing death or injury to persons’.
• Include a provision in the agreement and/or memorandum of understanding that the host government will use part of the funds paid by extractive companies to provide equipment and other resources to public security forces.
• Consider ‘split’ payments, with a part going to the central government and another part directly paid to the public security forces assigned to the area of operations.
• Seek support from other stakeholders—such as home governments, multilateral organisations and/or local industry associations—to encourage the host government to assume its responsibilities regarding the good performance and adequate equipment of public security forces assigned to areas of corporate operations.
• Monitor the payments chain to ensure dedicated funds reach public security forces responsible for company security.

Support efforts by home governments, civil society and multilateral institutions to strengthen State institutions.

• Explore opportunities for international donors to provide necessary material and support (including training) within broader assistance programmes.
• Identify security sector reform programmes, such as police reform and training programmes, that address equipment issues. Collaborate with relevant stakeholders to extend activities to the area of the company’s operations.

Ensure security forces have been trained on the rules for the use of force and firearms under human rights and international humanitarian law

(see Training – Working with Public Security Forces). Explain that less lethal weapons and related equipment may also kill or inflict serious injury or other harm, especially when the user is not properly trained or they are not used in accordance with specifications, general principles on the use of force, and fundamental human rights.

Guidance on Less-Lethal Weapons in Law Enforcement (United Nations High Commissioner for Human Rights 2020)

If the company feels compelled to directly provide logistical, financial and/or in- kind support to public security forces, consider the good practices inside Provision of logistical, financial and/or in-kind support to public security forces: managing the associated risks within  Equipment – Working with Public Security Forces).

In case of excessive use of force by public security forces consider the good practices inside Insufficiently prepared public security forces: tackling the risks related to their use of force when operating in the vicinity of company operations within Use of Force – Working with Public Security Forces).

Practical Tools

• Training Curriculum on General Standards for Policing (Geneva Centre for Security Sector Governance and International Committee of the Red Cross 2018)
• Voluntary Principles on Security and Human Rights Training Course (Voluntary Principles Initiative 2018): includes modules on human rights, roles and responsibilities of security personnel, and use of force

Key Resources

• Guidance on Less-Lethal Weapons in Law Enforcement (UN High Commissioner for Human Rights 2020)
• Use of Security Forces: Assessing and Managing Risks and Impacts (International Finance Corporation 2017)
• Violence and the Use of Force (International Committee of the Red Cross 2011)

Good Practices

Conduct and/or update needs and risk assessments.

• Assess company needs against the capacity of public security forces. The needs assessment should include issues such as: minimum salaries, food, accommodation, transportation, communications, training and availability of non-lethal weapons.
• Assess whether providing any of the above-mentioned resources to public security could pose a security or reputational risk to the company. Balance the benefits against the possible negative consequences.
• Conduct research to analyse relevant past incidents involving logistical, financial or in-kind support to public security forces.
• Update the risk assessment regularly, drawing on local sources to ensure that changes to the security environment are taken into account.

Consider alternatives to the provision of logistical, financial and/or in-kind support

(see Managing responses to social conflicts: preventing excessive use of force by public security forces through ensuring appropriate equipment that will allow for a differentiated use of force within Equipment  – Working with Public Security Forces).

Seek to ensure that the host government provides appropriate equipment to public security forces.

• Engage with the appropriate government agencies to discuss equipment-related challenges. Emphasise the need for public security forces to have the proper equipment to fulfil their duties effectively in compliance with human rights and international humanitarian law standards.
• Include a provision in the agreement or memorandum of understanding that the host government will use part of the funds paid by extractive companies to provide equipment and other resources to public security forces.
• Seek support from other stakeholders—such as home governments, multilateral organisations or local industry associations—to ensure the host government assumes its responsibilities regarding the good performance and adequate equipment of public security forces assigned to the areas of extractive operations.

In collaboration with all relevant company departments, develop a company policy and protocol for the provision of logistical, financial and/or in-kind support to public security forces.

• Address the following questions:
  • What is provided: equipment, per diem, goods and/or services?
  • Why is it needed?
  • How will it be managed and used?
  • Who is the recipient and what degree of oversight is required?
• Promote transparency by working through clear, pre-established procurement processes. As an example, BP’s implementation plan for the Voluntary Principles on Security and Human Rights says to ‘ensure all purchases are sourced through standard procurement processes. Consider making public the reasons justifying any assistance and seek approval from the recipient to publish details of any agreement related to the assistance.
• Include support costs as part of the provision agreement.
• Establish safeguards for equipment transfer/provision of logistical, financial or in-kind support to public security forces.
  • Confirm the legality of the transfer.
  • Prohibit the transfer of lethal equipment (e.g. firearms).
  • Condition requests for logistical, financial and/or in-kind support based on a written agreement that the public security forces respect human rights and obey international humanitarian law. This agreement should be agreed upon with both national-level and local-level officials.
  • Specify the permitted use of the equipment or goods and obtain a formal agreement from public security forces on this.
  • Prohibit the transfer, loan or sale of equipment to a third party. Establish adequate controls to prevent misappropriation or diversion of equipment which may lead to human rights abuses.
  • Include termination conditions in the event that any funding, equipment, facilities or help-in-kind is misused.
  • If possible, attach tracking technology or tracking systems to some types of equipment which could pose additional human rights risks should they fall outside the control of the security provider or company.
  • BP’s Voluntary Principles on Security and Human Rights Implementation Guideline also states that the company should ‘support training to enhance management skills or individual competencies within the recipient organisation to use funds or equipment responsibly’.¹² Other companies may also incorporate this best practice.
  • Establish a monitoring procedure to address misappropriation or diversion of equipment.

Engage with the appropriate government agencies to establish the conditions of the transfer.

• Communicate the company policy on equipment transfers. Explain that the implementation of the company policy will be monitored.
• Agree on the terms and conditions for the provision of logistical, financial and/or in-kind support. For instance, agree that any equipment provided can only be used with the company’s authorisation. Although it may be a sensitive issue to address, try to agree on a procedure to address potential misuse of equipment provided by the company.
• Include clauses in the agreement or memorandum of understanding on the terms and conditions for the transfer of equipment. Attach the company policy on equipment transfers as an annex.
• Register anything provided to public forces in a record of transfer register. The World Bank Group and Anvil Mining encourage companies to state exactly what the company provided, when and for what purpose. Items should only be provided against signature by a senior officer.
• Ensure full transparency of payments made and/or equipment transferred.

Monitor the use of equipment.

• According to the Voluntary Principles on Security and Human Rights, companies should ‘monitor the use of equipment provided by the company and investigate properly situations in which such equipment is used in an inappropriate manner’. This may be done through reports and proactive checks by the company or through a third party.
• The Voluntary Principles on Security and Human Rights Implementation Guidance Tools encourage companies to consult with home governments ‘in cases where there are risks of inappropriate use of equipment transferred to public security (forces) by the company’.
• If company equipment is used without authorisation, follow the procedure established in agreement with the appropriate government agencies, where it exists, or otherwise refer to the company protocol.

Work with other concerned companies.

• Agree on a common approach to equipment transfers.
• Share good and bad practices with other companies operating in the same area.
• If feasible, consider contributing to a consolidated, joint programme of equipment and training that will benefit all companies in the area.

Work through a security and human rights multi-stakeholder in-country process, if any, or suggest launching one (see in-country working groups).

• Alternatively, approach the issue of equipment for public security forces through forums such as a security managers working group, industry association meetings, etc.

Key Resources

• Use of Security Forces: Assessing and Managing Risks and Impacts (International Finance Corporation 2017)
• VPs Implementation Toolkit for Major Project Sites (World Bank Group 2008)