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