A/HRC/42/42
the potential to have a long-lasting impact on local communities. They also have a vital
interest in securing their operations by relying on different types of security providers,
including, to a large extent, private security. 10
22.
The economic benefits generated by the extractive industry may lead some States to
put its interests ahead of those of the local population and to treat those opposed to extractive
projects as a threat to the State’s economic interests. Indeed, some States invoke national
economic and security interests to justify the suppression of dissent to extractive projects, for
example by criminalizing environmental rights defenders.11
23.
The extractive industry is also intrinsically linked to the issue of access to land.
Traditionally, military and economic approaches were pursued to secure access to land. The
military approach involved different strategies to acquire natural resources, ranging from
direct conquest and invasion to secret wars.12 The economic approach seeks to gain access to
a territory through economic competition. While these approaches are distinct, they are often
complementary in so far as security can be “sold” on several levels: by training public or
private armies, performing intelligence services, or selling military equipment.13 In some
situations, extractive corporations and security actors work together to suppress opposition
and impose their control over land rich in natural resources by repressing local communities,
including indigenous peoples.14
24.
Studies have shown that the more a State is rich in natural resources, the more likely
it is to be subject to long-lasting armed conflicts and civil wars.15 The exploitation of natural
resources can therefore play a major role in conflict dynamics; for instance, non-State actors
are more likely to profit from easily extractable resources, such as gemstones or gold, as their
extraction does not entail sophisticated technology, important investments and specialized
knowledge. By contrast, resources requiring feasibility studies, teams of experts and
advanced technology, such as oil and gas, are more likely to benefit States. 16 The link between
the exploitation of natural resources and armed conflicts has been widely recognized,
including by the Security Council, for example in its resolutions 1173 (1998), 1237 (1999)
and 1306 (2000) and 1343 (2001) on the conflicts in Angola, Sierra Leone and Liberia, and
more recently in the Central African Republic (see A/HRC/39/70). These events also led to the
adoption of several national and regional laws pertaining to “conflict minerals”. 17
C.
Security providers in the extractive industry
25.
Given the economic interests prevalent in the extractive industry and the environments
in which they operate, it is not surprising that security plays a fundamental role in the
exploitation of natural resources. Although a number of actors actually provide security
services to the extractive industry, their respective roles, responsibilities and reporting lines
are not always legally defined and are rarely publicly disclosed. In general, there are three
10
11
12
13
14
15
16
17
See submission by the International Commission of Jurists.
Jen Moore, In the National Interest? Criminalization of Land and Environment Defenders in the
Americas, MiningWatch Canada and the International Civil Liberties Monitoring Group, August 2015.
Jelena Aparac, “La responsabilité internationale des entreprises multinationales pour les crimes commis
dans des conflits armés non internationaux”, PhD dissertation, Université Paris Nanterre, 2019.
Ole Kristian Fauchald and Jo Stigen, “Corporate responsibility before international institutions”, The
George Washington International Law Review, vol. 40, No. 4 (2009), p. 1033-1034. See also Andrew
Feinstein, The Shadow World: Inside the Global Arms Trade (Picador Paper, London, 2012).
See for example https://spcommreports.ohchr.org, communication PHL 1/2019.
Karen Ballentine and Heiko Nitzschke, eds., Profiting from Peace: Managing the Resource Dimensions
of Civil War (London, Lynne Rienner Publishers, 2005) See also International Committee of the Red
Cross, “Le droit international humanitaire et les défis posés par les conflits armés contemporains”, 31
October 2015.
Aparac, “La responsabilité des entreprises”. See also Paivi Lujala, “Deadly Combat over Natural
Resources Gems, Petroleum, Drugs, and the Severity of Armed Civil Conflict”, Journal of Conflict
Resolution, vol. 53, No. 1, 2009.
For example, Directive 2014/34/EU of 26 June 2013 and Regulation (EU) 2017/821 of 17 May 2017,
outlining supply chain due diligence obligations for European Union-based importers of specific
resources from conflict-affected and high-risk areas.
7
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