A/HRC/14/29 54. Business representatives stated that transparency is important but cannot be absolute since companies are also bound to commercial confidentiality. They also suggested that to determine a parent company’s liability, it is necessary to check whether the parent company is in control of the subsidiary. 55. Some participants suggested that the International Monetary Fund and the World Bank could play a role in protecting human rights. It was pointed out that the two institutions tend to use external debt to force poorer countries to open up their markets and embrace policies that can be harmful to human rights. They called for a human rights treaty which would be binding on companies and an international court to which victims of corporate-related abuses can bring their claims. B. Non-judicial remedies Summary of expert presentations The Tintaya Copper Mine case 56. Rocio Avila (Extractive Industries Program Officer, Oxfam America, South America Regional Office, Peru) presented the case of the Tintaya Copper Mine in Peru, in which the company Xstrata and the local communities had initiated a dialogue to resolve a long-standing conflict. The dialogue process brought about communication and trust between the community and the company. She also emphasized that the involvement and legal and technical advice of non-governmental organizations and local grass-roots networks were key factors that contributed to the success of the process. International NGOs also played a key role at the outset by raising concerns with top officials at the company headquarters. Ms. Avila stated that the dialogue process took a considerable amount of time before a consensus could be reached among NGOs, the mining company and the communities. It was pointed out that the Peruvian Government was not involved in the dialogue because there was distrust amongst the local communities towards the Government. Ms. Avila concluded by saying that the overall result of the dialogue was that it led to agreements and company policies that addressed the needs of local communities and fostered better relations between the company and the communities. 57. Enrique Velarde (Xstrata Peru) discussed Xstrata’s experience during the Tintaya dialogue and consultation process, specifically the operational mechanisms that were implemented, the non-participation of the State and the challenge of establishing trust between the parties. Mr. Velarde specified that, in order to address various issues, such as the expropriation of land, a consultation period was established in order to create solutions that were acceptable to all stakeholders. He pointed to the role of an independent ombudsman and stressed that it was determined by consensus that there should not be any State intervention. He described how the dialogue process created separate commissions for each issue, such as land, the environment, human rights and sustainable development. Mr. Velarde concluded by saying that the major challenge at the outset of the dialogue process was the mistrust among the parties and the major success was that this mistrust was finally overcome. Renegotiation of a Memorandum of Understanding between Chevron and Surrounding Communities in the Niger Delta 58. Silvia Garrigo (Manager, Global Issues and Policy, Chevron Corporation) presented the objects and purposes of the Global Memorandum of Understanding (GMOU) between Chevron and the surrounding communities in the Niger Delta as an example of how a nonjudicial mechanism can be applied to address situations of conflict between a company and surrounding communities. The GMOU’s systematic focus on participatory partnerships, 14 GE.10-12935