What do we request of companies whose business operations in Sudan are of concern?

For a list of companies that warrant scrutiny in Sudan, to subscribe to the Sudan Company Report.

When engaging with companies whose business operations in Sudan are of concern, the Sudan Divestment Task Force presents both a primary and secondary set of recommendations. The primary recommendations directly address the humanitarian situation in Darfur and the implementation Sudan’s Comprehensive Peace Agreement (CPA). The secondary recommendations address longer term issues of stability, including security, community impact and transparency.

Only if a company fails to implement the following recommendations does the Sudan Divestment Task Force recommend the company halt the expansion of operations, prohibit future contracts in Sudan, or suspend current business operations linked to Sudan. Furthermore, the Sudan Divestment Task Force only advocates divestment from companies whose business operations in Sudan are of concern and fail to thoroughly address the recommendations laid out below.

The primary and secondary recommendations below represent general engagement principles for companies whose business operations in Sudan are of concern. Please contact us for recommendations that are specific to each company found in our Sudan Company Report.

Primary Recommendations

To address the genocide in Darfur and support efforts to achieve peace throughout Sudan, companies whose business operations in Sudan are of concern should:

• Engage the government of Sudan, either independently or, where possible, collectively with other companies with business operations linked to Sudan, requesting Khartoum fully and promptly implement all provisions of United Nations Security Council Resolution (UNSCR) 1769, including free and unfettered access to humanitarian aid for Darfur, disarmament of the Janjaweed militia without delay; and to cooperate with the Darfur peace process. Companies should express these concerns both publicly and privately;
• Encourage the company’s home government to offer any and all support for the implementation of the peacekeeping force described in UNSCR 1769 and to consider the crisis in Darfur an urgent matter of importance;
• Make all possible efforts to contribute to the success of Sudan’s CPA, including utilizing leverage on the company’s business affiliates, on the government of Sudan, and on the government of South Sudan to ensure that relevant provisions of the CPA are implemented.

To offset unintended consequences from business operations in Sudan that are of concern, the companies in question should:

• Implement a substantial humanitarian program in Sudan, developed in conjunction with the local community and international organizations and/or governmental entities that have a macroscopic perspective on Sudan’s development, that benefits one or more of Sudan’s historically marginalized populations, is substantial in relation to the size and scope of the company’s involvement in Sudan, and is verified by a reputable third party to meet these requirements. Given the prevalence of active violent conflict in the Darfur region and in other areas of Sudan, these initiatives, when appropriate, should focus on civilian protection, including contributions to the United Nations-African Union Mission in Darfur and other United Nations initiatives.

Should a company feel unable to implement these recommendations, or should efforts to engage with the government of Sudan and other local players prove a failure, companies should halt the expansion of operations and prohibit future contracts in Sudan or suspend current business operations linked to Sudan until a robust peacekeeping force consistent with UNCSR 1769 has been comprehensively deployed to Darfur, and the Khartoum government has facilitated full implementation of all provisions in UNSCR 1769.

Secondary Recommendations

Security

• Ensure that security arrangements with state agencies explicitly incorporate the human rights obligations the host government has assumed under the International Covenant on Civil and Political Rights, that both state and private security providers uphold the standards laid out in international guidelines such as the Voluntary Principles on Security and Human Rights, and ensure that security forces utilised are compliant with the specifications of the Sudan’s CPA, including deadlines for the redeployment and integration of Sudanese Armed Forces and Sudan People’s Liberation Movement forces. Companies should work actively with their business partners on security arrangements and, given the strong history of human rights abuses associated with certain company security arrangements in Sudan, should seek third-party evaluation of those arrangements. Where possible, they should make public such arrangements.

Community Impact

• Report on the efforts made by the company and its affiliates to hire local Sudanese, fund environmental impact and human rights studies and act on recommendations from those studies, address community development issues and engage in dialogue with local communities and other stakeholders. Report fully and regularly on these efforts.

Transparency

• Provide full disclosure about the company’s financial relationship with the Government of Sudan, Government of South Sudan, other companies or consortiums operating in Sudan, and any affiliated companies, including parents and subsidiaries with operations in Sudan and ensure that the company disburses capital in a transparent and accountable way into accounts that operate within international accounting standards;
• Ensure that the company has a robust anti-corruption policy in line with the best practice recommendations of international organizations such as Transparency International and which complies with Sudan’s legal obligations under the United Nations Convention against Corruption.

The Sudan Divestment Task Force believes that companies operating in certain industries in Sudan have an extraordinary responsibility and a unique ability to use their influence to better the situation in Darfur and throughout Sudan. In many cases, companies can most effectively achieve this goal by remaining in Sudan and leveraging their influence in the country to bring about positive change. The secondary recommendations are meant to ensure that companies that choose to remain are also responsible corporate actors that will contribute to long term sustainable development in Sudan rather than perpetuate the historical abuses associated with their industries in the country.