OMV Human Rights Matrix

Transcription

1 Ludwig Boltzmann Institute of Human Rights Freyung 6 (Schottenhof), 1. Hof, Stiege II A-1010 Vienna Tel. +43(1)4277/27420 bim.staatsrecht@univie.ac.at Lorenz, Rabussay, Suntinger, Zauner OEG A-1180 Wien, Ferrogasse 27 office@humanrightsconsulting.com UID: ATU OMV Human Rights Matrix Version /03/2009

2 OMV Human Rights Policy Statement The OMV Human Rights Policy Statement is based upon the Code of Conduct to determine in principle our understanding and responsibility regarding Human Rights within our business environment. As a signatory to the UN Global Compact, OMV regards human rights as universal values which guide our conduct in all spheres of our activities. OMV respects, fulfils and supports the fulfilment of human rights as contained in the Universal Declaration of Human Rights and in internationally recognised treaties, including those of the International Labour Organization. We consider human rights as an essential expression of the social pillar of Corporate Social Responsibility to which OMV adheres. Human rights cover a wide range of aspects of social, economic and political life and are comprehensive in nature. They protect human dignity on an equal basis and serve to meet the needs of human beings. As interests and needs of different groups and actors are different, OMV considers and applies human rights as a way of balancing the interests and needs of all relevant stakeholders in a practical and culturally sensitive way. While governments have the primary responsibility for realizing human rights, OMV has accepted responsibilities to respect, fulfil and support the fulfilment of human rights within its sphere of influence and not to become complicit in human rights violations, as understood under current international law. OMV has mapped its human rights responsibilities in a comprehensive Human Rights Matrix, which is in line with the UN Global Compact / Business Leader Initiative on Human Rights (BLIHR) Matrix. It constitutes the basis for our activities in the field of human rights. This includes the particularly sensitive areas of indigenous peoples rights and of security arrangements involving armed forces. We recognize that we share the goals of the Voluntary Principles of Security and Human Rights. In meeting our human rights responsibilities, OMV acts in strict compliance with applicable national law. Where national law falls short of OMV standards, based on international human rights law, OMV is guided by its higher standards unless this is forbidden by law. OMV s sphere of influence includes individuals and groups to whom we have a certain political, contractual, economic or geographic proximity. The concrete responsibilities depend on the business context, the human rights issues at stake as well as the available alternative options. They are strongest with our employees whose human rights we respect and fulfil through adequate policies and programs. Where OMV has an asset equity share of more than 50% or has a controlling interest, OMV has a direct responsibility to respect and fulfil human rights and to support their fulfilment. Where OMV is the designated operator on behalf of a consortium it has a responsibility to respect the human rights of the people in the surrounding communities as well as, in agreement with its partners, to support the fulfilment of their rights. Furthermore, OMV uses its influence so that business partners in consortia as well as its suppliers and contractors comply with human rights standards. Lastly, OMV is aware of its responsibilities to support the fulfilment of human rights in the wider society. OMV monitors implementation of its human rights policy and reports on it in line with international reporting guidelines. Adopted by the OMV Board in June 2007 Ludwig Boltzmann Institute of Human Rights page 2/75

3 Table of Contents OMV Human Rights Policy Statement...2 I. Introduction to the OMV Human Rights Matrix Functions and characteristics of OMV Human Rights Matrix Basic features of human rights within OMV s sphere of influence Categories of OMV Responsibilities...9 II. Human Rights Matrix...10 III. OMV Responsibilities per Right in Matrix Equality and non-discrimination Rights related to security arrangements Prohibited child labour and forced labour Right to adequate remuneration Right to freedom of association and collective bargaining Rights to property and to an adequate standard of living Right to work and social security Right to education Rights of minorities and indigenous peoples Right to freedom of expression and assembly...30 Annex I: Explanatory Note on All Rights...31 Annex II: Explanatory Note on Equality and Non-Discrimination...44 Annex III: Explanatory Note on rights related to security arrangements...48 Annex IV: Explanatory Note on the Right to Adequate Remuneration...54 Annex V: Explanatory Note on the rights to property and to an adequate standard of living..58 Annex VI: Explanatory Note on the Right to Education - OMV Matrix...63 Annex VII: Explanatory Note on Rights of Minorities and Indigenous Peoples...67 Annex VIII: Explanatory Note on Freedom of Expression and Assembly...72 Annex IX: List of Abbreviations...75 Ludwig Boltzmann Institute of Human Rights page 3/75

4 I. Introduction to the OMV Human Rights Matrix 1. Functions and characteristics of OMV Human Rights Matrix The OMV Human Rights Matrix is a major tool for implementing an OMV strategy on human rights within its operations. This strategy is placed within the broader CSR approach OMV has adopted over the years. Of particular relevance is OMV partnership in the UN Global Compact, whose 10 principles constitute the basis of OMV s Code of Conduct. The Matrix is based on the Guide for Integrating Human Rights into Business Management, elaborated by the Global Compact/Business Leaders Initiative on Human Rights, and has been adapted to OMV business context. The specific functions of the Matrix are the following: o It is a tool for mapping OMV responsibilities in relation to human rights as well as OMV activities in this area. o It is a tool for assessing existing gaps between OMV responsibilities and OMV activities in the field of human rights. o It is a tool for prioritization of action by distinguishing between essential, expected and desirable action to be taken/results to be achieved. o It is a tool for establishing connectivity between the business world/culture and the human rights world/culture. o It is a tool for demonstrating leadership in the field of human rights The Matrix has the following characteristics: o It is systematically based on international human rights standards as developed by international organizations (see, in particular, the Explanatory Notes) o It links the rights systematically to different types of responsibilities of companies. o It is based on business related Codes of Conducts and on best practice o It is a practical and adaptable tool which can be used at different levels (e.g. OMV general, OMV country operations). The structure of the Matrix is based on the characteristics mentioned o The horizontal line contains a selection of human rights which are of particular relevance to OMV o The vertical line contains three categories of OMV responsibilities: Essential Expected Desirable o The boxes of the Matrix contain required business measures to meet the responsibilities which correspond to the right at issue. Ludwig Boltzmann Institute of Human Rights page 4/75

5 2. Basic features of human rights within OMV s sphere of influence (For more on this see Annex I. Explanatory Note on All Rights) 2.1. Where do human rights norms and principles come from? Human rights are laid down in international law and national law. Of particular relevance are the following United Nations instruments: the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Furthermore, business relevant human rights standards are found in the instruments of the International Labour Organizations as well as in Codes of Conduct developed by/for the business world (e.g. SA8000). In addition, the UN Millennium Development Goals, which are the basis for much of nowadays bilateral and multilateral development cooperation, are substantially inspired by human rights Human rights cover a wide range of aspects of social, economic and political life Human rights comprise civil and political (e.g. right to life, freedom from torture, privacy, fair trial, freedom of religion, of expression, of association and assembly) as well as economic, social and cultural rights (e.g. right to work, free choice of work, just and favourable working conditions, social security, food, housing, health care, education). This comprehensive nature of human rights is often overlooked as many people, in particular in Western countries, only think of civil and political rights as human rights Human rights carry corresponding obligations of duty bearers, mainly states These duty bearers are primarily governments. Government authorities must respect human rights (non-interference), must protect these rights against interference by private parties, including business, and must take appropriate positive measures to fulfil these rights. In other words, human rights oblige states, on the one hand, not to interfere unreasonably with the rights of human beings and, on the other hand, to take appropriate and reasonable steps to ensure these rights Human Rights carry responsibilities for OMV In fulfilling the obligation to protect human rights, states are required to enact national legislation imposing obligations on all individuals and legal entities, including business companies. When national law is in accordance with international human rights standards, OMV compliance with national law means that OMV acts in accordance with international human rights standards. Where national law falls short of international human rights law, OMV is guided by its higher standards unless this would result in a clear violation of national law. In addition, OMV has committed itself to the UN Global Compact and has thus accepted a direct (political and moral) responsibility to respect human rights (to abstain from interfering unreasonably with these rights) and to fulfil and support the fulfilment of human rights through active steps. How OMV action can affect human rights is largely determined by its sphere of influence OMV s sphere of influence A company s sphere of influence is relevant for determining the scope of responsibilities under human rights. The exact sphere of influence of a company cannot be defined in general terms on the basis of international human rights standards. To help in understanding the Ludwig Boltzmann Institute of Human Rights page 5/75

6 concept, a report of the High Commissioner for Human Rights states that the sphere of influence will tend to include the individuals to whom the company has a certain political, contractual, economic or geographic proximity. According to the Global Compact, the following criteria are relevant for determining the sphere of influence of a company: o size o strategic influence o the human rights issue concerned o proximity to (potential) victims and perpetrators of human rights violations. In addition, operational influence and area of operation should be taken into account. As a first step of orientation, the following diagram should be helpful (for more details see the Explanatory Note on All Rights): As indicated, the sphere of influence determines the scope of responsibilities: The more influence, the stronger the responsibilities. OMV responsibilities are strongest with OMV employees whose human rights OMV respects and fulfils through adequate policies and programs. Where OMV has an asset equity share of more than 50% or has a controlling influence, OMV has a direct responsibility to respect and fulfil human rights and to support their fulfilment. Where OMV is the designated operator on behalf of a consortium it has a responsibility to respect the human rights of the people in the surrounding communities as well as, in agreement with its partners, to support the fulfilment of their rights. These are the areas where OMV s activities influence in the sense of impact - others in the clearest way and therefore lead to very clear corresponding responsibilities. Furthermore, OMV uses its influence in the sense of leverage that it has over others - so that business partners in consortia as well as its suppliers and contractors comply with human rights standards. Lastly, OMV is aware of its responsibilities to support the fulfilment of human rights in the wider society. As a general point, it is important to stress that every determination of a company s sphere of influence has to be done on a case-by-case basis and that the gravity of a human rights concern as well as OMV influence and benefit are particularly relevant factors Complicity in Human Rights violations Through its membership to the Global Compact, OMV has committed itself not to be complicit in human rights violations. Complicity can be seen as the negative side of the Ludwig Boltzmann Institute of Human Rights page 6/75

7 sphere of influence of a company. It is a certain link to a human rights perpetrator (a state or a company). There are 4 types of business complicity in human rights violations: According to international and national standards, legal complicity can be established in the following situations: o Substantial participation complicity: this is the case when a company participates in a human rights violation by others, provided its participation has a substantial effect on the human rights violation and the company knows of this (intentional participation). o Benefit complicity: this is the case when a company directly benefits from a human rights violation by others and knows of it. o Joint Venture complicity: this is the case when the human rights violation is perpetrated by a business partner with whom the company shares a common design or purpose and the company knows or should have known of the business-related human rights violation Lastly, according to the Global Compact, operations of a company in a conflict region or in a country known for grave human rights violations, may gives rise to questions of moral complicity. In these situations, OMV will not face legal liabilities but may have to deal with reputational damage because of heavy criticism of NGOs and the media The state and OMV s sphere of influence As is clear from above, the state has a special role regarding human rights in general, and is particularly relevant for delineating the sphere of influence of OMV, acting in the traditionally state near oil and gas sector. The following points are of particular relevance: If state legislation is in violation of international standards, OMV must carefully examine this in light of its human rights standards and try to remediate this situation within its sphere of influence. OMV must take utmost caution not to become complicit in human rights violations committed by state authorities or state-linked/owned business partners. Closely linked to this, OMV has concrete responsibilities vis-à-vis (State-linked) business partners, e.g. in the areas of child and forced labour, HSEQ issues and remuneration standards. OMV has detailed responsibilities towards the state in the area of its security arrangements. They range from consultation with government authorities to recording and reporting allegations of human rights violations. Issues related to OMV sphere of influence regularly arise also when states commit human rights violations in the wider social space without direct connection to OMV operations. This includes the cases of moral complicity in the sense described above (2.6.), but also situations of human rights violations which occur, to varying degrees of gravity, in practically all countries of the world, but which do not reach the widespread and systematic level of crimes against humanity. What constitutes appropriate action by business corporations in these cases is the subject of much controversial discussion. Given the current state of development of legal and political- Ludwig Boltzmann Institute of Human Rights page 7/75

8 moral standards as well as awareness in the area of business responsibilities regarding human rights, directly counteracting such State violations would overstretch OMV s possibilities. OMV has accepted a commitment to contribute to improving the general situation of human rights in countries of operations, including through support of national human rights institutions/programmes and of NGO work 2.8. Responsibilities include management procedures and organizational structures Human rights do not refer only to substantive rights and principles but require companies to take measures at the level of management procedures and organizational structures. International Codes of Conduct as well as best business practices are particularly relevant in this context as they have adapted human rights standards to the business world. Ludwig Boltzmann Institute of Human Rights page 8/75

9 3. Categories of OMV Responsibilities The term responsibilities is understood here in a broad sense. It reaches beyond the legal obligations of OMV and it includes moral responsibilities of different degrees, including what is desirable action. This is in line with what is usually understood by the term Corporate Social Responsibility. OMV responsibilities are grouped into the following three categories in accordance with the approach developed by the Business Leaders Initiative on Human Rights together with the UN Global Compact. This categorization is also used in the explanatory notes to the rights contained in the Matrix. The categories help to determine how to act in accordance with human rights standards. They are also guides in priority-setting on the basis of the following thought: it makes no sense for a business to take desirable actions if it is not demonstrating leadership in the categories essential and expected. Category 1: Essential/core This category is the most fundamental one. It determines what a company by law or on a strong moral basis has to abstain from or has to do or in order to be in line with human rights standards. It encompasses: o All responsibilities not to unduly interfere (respect), incl. not to actively discriminate against o Responsibility not to be legally complicit in human rights violations o Responsibilities to take positive measures (fulfil) within OMV and in the surrounding communities directly affected by OMV activities The language used in the explanatory notes for referring to this category is: OMV shall. Category 2: Expected This category refers to OMV responsibilities to take positive measures in the wider field of OMV s proximity (surrounding community not directly affected, supply chain, government bodies). It also entails the responsibility not to be morally complicit in human rights violations. The language used in the explanatory notes for referring to this category is: OMV should Category 3: Desirable This category refers to OMV responsibilities to support the fulfilment of human rights in the wider society. The language used in the explanatory notes for referring to this category is: OMV might do, may do, can do. Ludwig Boltzmann Institute of Human Rights page 9/75

10 II. Human Rights Matrix Responsibility All rights Equality/non - discrimination Essential/Core Respect/Fulfil Compliance with national and international law Company policy regarding human rights, including public statement Guidelines and directives Review of policy Management Structures Respect equality at work Comprehensive equal opportunity policy Harassment policies Maternity/ parental leave Security/ Integrity/ Privacy/life Respect fundamental hr principles & avoid complicity Preventive approach to Security Clear guidelines and chain of command Reporting procedures Monitoring and accountability structures Forced labour Compliance with national law and international standards Avoid complicity child labour Compliance with national law and international standards Avoid complicity Records Human rights (in substance) in contract with suppliers Communications and Training Corrective action/complaints Professional and human rights training for security staff Expected fulfil Monitoring Auditing system Impact assessment/ Disadvantaged groups of employees programs Diversity programs at work Work life balance programs Consultation with public security Communication of ethical standards to public security Action on credible human rights violations Supply chain control, including monitoring Training of managers on forced labour Supply chain Control, including monitoring Program for rehabilitation Training of managers on child labour Desirable Support fulfilment Possible examples Support equality in sorrounding community Support national non discrimination programs Encourage transparent security arrangements Support hr training to public security Support education programs for working children Ludwig Boltzmann Institute of Human Rights page 10/75

11 Health/ Safety Adequate Remuneration Association/ Collective bargaining Property Procedural rights and effective remedy Requirements in compliance with international standard as defined in OMV policies and directives No complicity in state violations Decent living wages on non discriminatory basis Non interference with union activities No inappropriate influence on unions Ensure that expropriation in favour of OMV is in accordance with national and international law Dismissal from work, sanctions at work done in compliance with national law and standards of fair proceedings HSEQ Guidelines specifiying standards, implementation and compliance process Safety Management system Deductions for disciplinary reasons only with consent of employee representation Cooperation with union to provide facilities for collective representation Allowance of adequate employees representation in case of national law prohibiting formal employees representation Policy on least intrusive interference with property Policy on compensations for expropriation System of effective complaints Training for employees on HSEQ Professional handling of strikes Publication of performance data Participation in industry safety forums and initiatives Community relations programs covering health issues Supply chain control Performance-based payment system Information and consultation on relevant business changes Supply chain control Awareness raising in order to ensure adequate responding to CSR questions Supply chain control Community safety education programs Support human rights oriented health initiatives Employment programmes for affected communities Support decent job creation programme in wider society Models to meet employee needs in countries with difficult official policies Support measures allowing for more freedom of association Support initiatives for innovative business practices Ludwig Boltzmann Institute of Human Rights page 11/75

12 Work/social security Transparent and non discriminatory hiring practices No arbitrary or discriminatory dismissal Working hours shall not regularly exceed 48 hours per week. Standard of living Education Minority/indigenous peoples rights/religion Ensure that state interference with livelihood, including food and housing, in favour of OMV, is in accordance with national and international law Avoid complicity Establish stake holder forums in case of interference with livelihood Policy on adequate alternatives in case of resettlement Program on training of OMV employees, including non discriminatory access Ensure that state interference with rights, in favour of OMV, is in accordance with national and international law Apply Community Policy guideline as from conceptual stage Ensure minimisation of adverse effects on minorities and indigenous peoples Adequate mitigation, reparation and compensation plans Freedom of expression and assembly Respect freedom of expression and peaceful assembly Non-interference with employees right to form trade unions Culturally sensitive advertising Contribution to national social security systems Respect rights of employees to adequate standard of living Intercultural communication and conflict management training Program for supporting local employment Encourage operators respect of employees to adequate standard of living Awareness raising of OMV Code of Conduct in supply chain Program for supporting employment of minorities and indigenous persons Attention to freedom of expression issues in OMV proximity As designated operator, support fulfilment of right to adequate standards of living in the surrounding community As designated operator, support to educational system in surrounding Community Support to job creation programs Support to global poverty reduction strategies Support education programs in wider society Support programs for the protection of minorities and indigenous peoples Support freedom of expression initiatives Ludwig Boltzmann Institute of Human Rights page 12/75

13 III. OMV Responsibilities per Right in Matrix 1. Equality and non-discrimination Basic considerations: The basic thought behind equality and non-discrimination is the following: No one shall be treated differently, in particular worse than others, simply because of some particular (external) characteristics. However, not every distinction or differentiation constitutes as such discrimination, but only when it is not based on reasonable and objective grounds. OMV policy in this regard is keen to avoid any missionary approach, but looks carefully at the local context, including local laws. Category 1: Essential o OMV shall respect and fulfil equality at work. This entails a comprehensive equal employment opportunity policy for all OMV employees prescribing non-discrimination at the workplace and support for people discriminated against on grounds such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, age, disability or other status. o OMV shall ensure protection against sexual harassment or harassment based on gender, ethnicity, sexual orientation etc. at the workplace. Harassment occurs if the conduct relates to sex/gender/ethnicity/sexual orientation/race/disability etc., is subjectively unpleasant to the person concerned (it is completely irrelevant whether or not another person considers this conduct harassing), and if this conduct has negative effects on the situation at the workplace (e.g., by creating a hostile work environment or causing disadvantages for the person concerned if s/he combats the harassment). o OMV shall make provisions for maternity/parental leave in accordance with international human rights standards, providing for 14 weeks. o OMV shall not become legally complicit with discriminatory state action: this would be the case if (1) the company knowingly and with substantial effect participated in discriminatory state action, (2) if the company directly benefited from the discriminatory action and knew or should have known of the act, or (3) if the company in a Joint Venture shares a common design with the direct perpetrator and knows of it. Questions of company complicity in state discriminatory action have been raised in the context of the apartheid regime in South Africa. Category 2: Expected o OMV should establish disadvantaged groups of employees programmes (e.g. affirmative action programmes) through targeted measures in job recruitment and job promotion. The concrete implementation of such programs will depend on OMV targets and regional differences, having in mind that the meeting the job requirements have highest priority. Ludwig Boltzmann Institute of Human Rights page 13/75

14 o OMV should establish awareness programmes with regard to diversity at work. Diversity programmes are broader than equal employment opportunity policies because they not only include the groups enumerated in non-discrimination principles but encompass persons from all backgrounds, cultures and societal groups. Diversity can be defined as differences among persons with respect to age, class, ethnicity, religious belief, gender, physical and mental ability, race, caste, sexual orientation, and other human differences. Any diversity programmes should respect the protection of personal data related to employees, in particular with regard to asking for and keeping of sensitive personal information. o OMV termination and employee transfer policies should be based on OMV Directive on anti-discrimination. o OMV should foresee work-life balance programmes which consider the realities of modern family life. These programmes should include flexible hours to accommodate parental duties, part-time work modes, the possibility to work at home etc. o If services are outsourced, OMV should, in addition to price and quality considerations, consider giving preference to companies and associations which actively implement diversity programmes and support disadvantaged groups. o OMV Supply Chain: OMV s policy on supply chain management should be used to raise awareness of suppliers with regard to the equal treatment and non-discrimination of their workers and employees in the supply chain within OMV s sphere of influence. o OMV support to equality and non-discrimination in surrounding community. OMV community relations policies and programmes should support the right to equality and non-discrimination in the surrounding communities, giving particular attention to the cultural and social context of the local communities. Equality activities of OMV will be most efficient if they are sensitive to local needs and interests and are carried out in a culturally sensitive manner (e.g. supporting women in Islamic societies by focusing on their substantive needs, such as access to water, without calling it equality promotion). In this sense, OMV policies and programmes should be guided by the essential features of the right to equality and non-discrimination. Category 3: Desirable o OMV support to the promotion of equality and non-discrimination in wider society. OMV can support national antidiscrimination policies in countries where it operates, or NGOs that are active in anti-discrimination work, or specific antidiscrimination activities (e.g. the world-wide campaign of 25 days against violence against women ). Ludwig Boltzmann Institute of Human Rights page 14/75

15 2. Rights related to security arrangements Basic considerations: o Violations of these rights are among the claims most frequently voiced against business corporations, in particular in the extractive sector. Actions of security forces reflect on the reputation of business corporations themselves. o Security forces are faced with the following human rights challenge: On the one hand, they have to effectively protect the right to security of persons and the assets of companies, on the other hand, in carrying out their protective activities, they must remain strictly within the limits of human rights standards, in particular the strict limits on the use of (armed) force. o Given the sensitivity of the security arrangements, particular measures of a preventive nature are required. Category 1: Essential o Private security forces involved in OMV security arrangements shall respect the human right to life, the right to be free from torture and other ill-treatment, the right to personal liberty, the right to privacy and the right to peaceful assembly. o OMV shall not become complicit in violations of the right to life, the right to be free from torture and other ill-treatment, the right to personal liberty, the right to privacy and the right to peaceful assembly, perpetrated by others, in particular state security forces. o OMV shall consult regularly with host governments and local communities about the impact of their security arrangements on those communities. o OMV shall hold structured meetings with public security on a regular basis to discuss security, human rights and related work-place safety issues. OMV shall also consult regularly with other companies, host and home governments, and civil society to discuss security and human rights. o In cases where physical force is used by public security related to the protection of OMV personnel or assets, OMV shall take measures to ensure that such incidents are reported to the appropriate authorities and to OMV. o In developing OMV security arrangements involving private security force, OMV shall comply with the following standards: Preventive, defensive and community oriented approach to security: It follows from substantive human rights principles that any private security arrangement shall be based, as a general principle and if feasible, on a preventive and defensive approach. Clear guidelines and chain of command - existences of rules and regulations: In order to enhance forseeability of action, professional and human rights standards demand the development of rules and regulations as well as operational guidelines for the work of security forces, in particular with Ludwig Boltzmann Institute of Human Rights page 15/75

16 regard to the use of force and firearms. This is a particularly relevant standard for the prevention of abuses. These rules shall: Specify the circumstances under which security forces are authorized to carry firearms and prescribe the types of firearms and ammunition permitted; Ensure that firearms are used only in appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm; Prohibit the use of those firearms and ammunition that cause unwarranted injury, are unlawful or present an unwarranted risk; Regulate the control, storage and issuing of firearms, including procedures for ensuring that security forces are accountable for the firearms and ammunition issued to them; Provide for warnings to be given, if appropriate, when firearms are to be discharged; Ensure that adequate training is delivered on the points listed above; Reporting procedures: The main idea of reporting is to increase accountability of any operation. Strict standards of accountability are necessary in the area of security activities because of their particularly sensitive nature. Therefore: Any incident with might constitute a human rights abuse, in particular those involving the use of force, leading to injuries or death, and any use of firearms shall be reported to a superior and duly recorded. Monitoring structures: Proactive monitoring of the conduct of security forces is a way to ensure that the substantive human rights and professional standards are observed. Models of monitoring vary according to the situation concerned, but all effective monitoring consists of a thorough look at the daily work of security guards, its assessment against professional standards as well as applicable human rights standards, appropriate action to bring the situation in line with the standards Appropriate reaction and accountability structures in cases of human rights abuses: It belongs to the basic principles of human rights that any allegation/complaint of a human rights abuse is properly reacted upon. Proper reaction serves a dual purpose: Firstly, it ensures that victims get reparation for what was done to them. Secondly, it sends a signal to the perpetrator that a certain conduct is not tolerated. Proper reaction entails: Creating a mechanism for dealing with complaints Ensuring that colleagues bring the event to the attention of management Prompt and full investigation of the incident by superiors Taking adequate disciplinary measures against the individual Bringing the case to the respective (police and judicial) authorities according to applicable national law Preventive measures and promotion of human rights: With a view to preventing any human rights abuse by security forces, special measures aimed at creating an environment conducive to human rights shall be taken. These include: Ludwig Boltzmann Institute of Human Rights page 16/75

17 Proper selection of security guards (no hiring of individuals or groups known to have been responsible for human rights violations) Effective, practical and problem-oriented training of security guards (professional and human rights standards) Arrangements and capacity-building for dealing with gatherings Arrangements and capacity-building for conflict resolution and negotiation Arrangements for use of non-lethal incapacitating weapons Measures to increase job satisfaction of security guards If applicable, arrangements for dealing with stress situations (e.g. counselling) Category 2: Expected o OMV should communicate its policies regarding ethical conduct and human rights to public security providers, and express its desire that security be provided in a manner consistent with the right to life, the right to be free from torture and other ill-treatment, the right to personal liberty, the right to privacy and the right to peaceful assembly. o Where OMV has common concerns with companies operating in the same region, it should consider collectively raising those concerns with the host and home governments. o OMV should record and report any credible allegations of human rights abuses by public security in their areas of operation to appropriate host government authorities. Where appropriate, OMV should urge investigation and that action be taken to prevent any recurrence. o OMV should actively monitor the status of investigations and press for their proper resolution. o Every effort should be made to ensure that information used as the basis for allegations of human rights abuses is credible and based on reliable evidence. The security and safety of sources should be protected. Additional or more accurate information that may alter previous allegations should be made available as appropriate to concerned parties. Category 3: Desirable o OMV may use its influence to promote the compliance by public security with the right to life, the right to be free from torture and other ill-treatment, the right to personal liberty, the right to privacy and the right to peaceful assembly. o OMV may encourage host governments to permit making security arrangements transparent and accessible to the public, subject to any overriding safety and security concerns. o Companies may support efforts by governments, civil society and multilateral institutions to provide human rights training and education for public security as well as their efforts to strengthen state institutions to ensure accountability and respect for human rights. Ludwig Boltzmann Institute of Human Rights page 17/75

18 3. Prohibited child labour and forced labour Basic considerations: o Prohibited child and forced labour are seen as particularly grave violations of human rights, impeding the free personal development. o Business actions counteracting these violations of human rights belong to the core requirements of international CSR initiatives. Category 1: Essential o OMV shall comply with national legislation regarding minimum age of work as well as types and circumstances in which young workers are involved. In case of national law falling short of international standards, OMV shall respect international standards. o OMV shall comply with national law and international standards guaranteeing freedom to accept and carry out work or services. o OMV shall not become complicit with violations of the prohibition of child labour or forced labour: this would be the case if (1) OMV knowingly and with substantial effect participated in such violations, (2) if OMV directly benefits from prohibited child labour or forced labour and knew or should have known of these acts, or (3) if OMV in a Joint Venture shared a common design with the direct perpetrator of a violation of right to prohibition of child labour or forced labour and knew or should have know of it. Category 2: Expected o OMV should include child labour and forced labour issues in awareness raising activities at the management level. o OMV s policy on supply chain management should ensure that suppliers abide by OMV s standard regarding child labour and forced labour. o OMV s policy on supply chain management should ensure that adequate rehabilitation action is undertaken in cases of prohibited child labour. The best interest of the child should constitute the main principle for such action. Category 3: Desirable o OMV may support education programs for working children, acting in cooperation with specialized organizations. Ludwig Boltzmann Institute of Human Rights page 18/75

19 4. Right to adequate remuneration Basic considerations: Adequate remuneration is a main pillar for an adequate standard of living. It is a prerequisite and means for a decent life free of exploitation and discrimination. Adequate remuneration should not only ensure an adequate standard of living of the person at work, but should also cover a decent life for his or her family. A competitive and fair wage scheme contributes to creating a satisfactory and productive working environment. Category 1: Essential o OMV shall pay its employees decent living wages in line with standards established by international human rights bodies. OMV shall ensure that its payment scheme does not directly or indirectly discriminate against specific groups of employees. o OMV shall not use labour-only contracts and apprentice schemes (for example internships) to avoid fulfilling its obligations to personnel under applicable laws pertaining to labour and social security legislation and regulations. o OMV shall only make deductions from wages for disciplinary purposes if the employee s representation agrees and if the measure is also in the interest of the employee (for example to avoid lay-offs). o OMV shall not become complicit in violations of the right to adequate remuneration. This would happen in case it directly benefited from state legislation below the standard of adequate remuneration. If OMV follows an adequate remuneration scheme a case of legal complicity will not arise because direct benefit is not given. Complicity could also arise if a partner in a Joint Venture with whom OMV shares a common design is in violation of the right to adequate remuneration and OMV knows of it. Category 2: Expected o Performance-based payment system. OMV s payment system should include and favour good performance of employees in accordance with pertinent good business practice. Any performance-based system should be balanced with the principle of nondiscrimination. o OMV Supply Chain: OMV policy on supply chain management should be used to raise awareness of first tier suppliers with regard to adequate remuneration of suppliers workers. This can be done by alerting suppliers to the fact that OMV disapproves of discriminatory remuneration measures, and by incorporating an appropriate provision in supplier contracts. o Surrounding Communities: OMV should allow for adequately remunerated employment of members of communities affected by OMV operations and should, if feasible and necessary, support job-creation programs for these groups. Ludwig Boltzmann Institute of Human Rights page 19/75

20 Category 3: Desirable o OMV support to decent jobs creation systems in wider society. OMV may contribute to the fulfilment of the right to adequate remuneration in a broader societal context by supporting job creating schemes and programs allowing for decent wages. Ludwig Boltzmann Institute of Human Rights page 20/75

21 5. Right to freedom of association and collective bargaining Basic considerations: o The fundamental purpose of the right to freedom of association and collective bargaining is to protect the economic, social and other interests of employees as well as to create mechanisms for the proper balancing of the interests of employees and employers. o Adequate employee representation is essential for creating an attractive working environment. Category 1: Essential o OMV shall respect the right to form and join trade unions. It shall not interfere with trade union activities. This includes taking no action calculated to discourage membership or participation in trade unions. o OMV shall respect the right of trade unions to collective bargaining and shall refrain from any action undermining adequate collective representation of employees. o OMV shall cooperate with employees representatives to provide facilities and information necessary for effective collective representation. o OMV shall seek to establish systems for regular consultation with employee s representatives as well as voluntary conciliation machinery. o OMV shall allow other forms of adequate employees representation in case of national law prohibiting the establishment of formal employees representation. o OMV shall make sure that the right to strike is regarded as a legitimate form of employee collective action and that strikes are handled professionally. Category 2: Expected o OMV should inform and consult unions/employees representatives on relevant business changes in an appropriate form. o Supply chain control should include evaluation of collective representation systems with the supplier. o OMV should consider actively developing models of employees representation in countries in which national law prohibits the establishment of formal workers representation. Ludwig Boltzmann Institute of Human Rights page 21/75

22 Category 3: Desirable o OMV might consider e.g. supporting platforms, institutions, NGOs with a view to allowing for more freedom of association and recognition of the right collective bargaining in countries which are not in compliance with international standards. Ludwig Boltzmann Institute of Human Rights page 22/75

23 6. Rights to property and to an adequate standard of living Basic considerations: The right to an adequate standard of living implies the right to live above the poverty line of the society concerned. At the core of the right to an adequate standard of living are the rights to food, water, clothing and housing. The right to property protects against possessions against abuse by the state and private parties. Category 1: Essential If expropriations and resettlements are carried out in the interest of OMV, it shall take an active role in ensuring that the relevant international minimum standards are abided by, including the consultation of the affected persons. This also encompasses adequate measures of reparation, such as full compensation and proper assistance in meeting their housing, food and work needs in the new environment. If OMV finds itself in the situation of having to carry out expropriation of land, destruction of houses and resettlement of human beings, it shall, first of all, carry out a thorough human rights assessment, establish a stakeholder forum with the active participation of duly elected representatives of the affected communities, and ensure that interference with human rights are kept to a minimum in accordance with the principles of proportionality and informed consent. However, not every OMV operation requires a full-scale human rights assessment or stakeholder forum. The level of participation shall be balanced with the scale of OMV interference. In particular, this is relevant for small scale limitations on the use of property or expropriations. If the respective Government carries out a policy of expropriation and resettlement for the purpose of facilitating OMV activities, which violate international minimum standards in this respect, such as the right to adequate compensation, OMV shall not become complicit in such violations of the right to an adequate standard of living by means of participation or benefiting from such human rights violation. If OMV has an asset equity share of more than 50% or has a controlling interest or is the designated operator acting on behalf of a consortium, it shall take all reasonable steps to ensure that the competent Government bodies comply with their international obligations. If these efforts are not successful, OMV shall take the necessary steps on its own to provide the affected communities and individuals with adequate measures of reparation, including full compensation and proper assistance in meeting their housing, food and work needs in the new environment. OMV shall respect the right of its employees to an adequate standard of living. This means, first of all, that it shall pay its employees an adequate remuneration which must be sufficient to enable all employees to afford adequate food, water, clothing and housing. If the surrounding community of OMV operations, from which OMV employees are recruited, suffers from hunger, malnutrition, lack of adequate housing and drinking water, OMV shall also provide housing subsidies and food assistance to their employees and close family members. Ludwig Boltzmann Institute of Human Rights page 23/75

24 Category 2: Expected If OMV is partner in a joint venture, it should ensure that the designated operator respects the right of its employees to an adequate standard of living and pay adequate remuneration to their employees to enable them to meet the necessary food, water, clothing and housing needs for themselves and close family members. As partner of a joint venture, OMV should take appropriate steps vis-à-vis the operator to avoid complicity in deliberate violations of the right to an adequate standard of living by the host Government, such as arbitrary expropriations, displacements and evictions of communities without compensation for the benefit of the joint venture. If OMV has an asset equity share of more than 50% or has a controlling interest or is the designated operator acting on behalf of a consortium, it should ensure that its suppliers respect the right of their employees to an adequate standard of living and pay adequate remuneration to their employees to enable them to meet the necessary food, water, clothing and housing needs. If OMV has an asset equity share of more than 50% or has a controlling interest or is the designated operator acting on behalf of a consortium in a region suffering from hunger, malnutrition, homelessness and lack of adequate shelter and drinking water, OMV should take effective measures to support fulfilment of the right to an adequate standard of living and assisting in poverty reduction strategies for the surrounding community. Such community relations programmes should be carried out in close cooperation with the communities concerned, local, regional and national authorities of the host State, as well as international development agencies and donors. It is of particular importance that these activities shall be guided by the principles of sustainability and of establishing ownership of the communities concerned. Category 3: Desirable If OMV has an asset equity share of more than 50% or has a controlling interest or is the designated operator acting on behalf of a consortium in a country suffering from hunger, malnutrition, homelessness, lack of adequate shelter and drinking water, OMV may consider to participate in or contribute to relevant poverty reduction strategies carried out by the host Government and/or international organizations or development agencies. Such programmes should be directed at assisting poor people to lift themselves out of poverty by, e.g., enabling them to feed themselves by subsistence agriculture and to construct safe dwellings with adequate space and access to clean drinking water and sanitation facilities. As a member of the Global Compact, OMV might also consider to participate in global poverty reduction strategies aimed at assisting the poorest and most vulnerable groups in the world to enjoy their right to adequate food, water, clothing and housing in accordance with Article 11 CESCR. Ludwig Boltzmann Institute of Human Rights page 24/75