There is growing support for the VPs from Mozambique’s civil society. In 2021 the national NGO Centro para Democracia e Desenvolvimento (CDD) conducted a series of webinars on business security and human rights, focusing on Cabo Delgado. During these discussions – which were attended by representatives of the justice and defence ministries, the CDD and the National Human Rights Commission, delegates from provincial governments, businesses and CSOs, and researchers – a consensus was reached on the importance of the VPs for Mozambique at this phase of its economic development. A large portfolio of investments in the mining and extractive sectors is threatened by the intensification of insurgent attacks in Cabo Delgado and allegations of human rights abuses against public and private security providers.
In the context of persistent reports from among the population of extortion, theft and abuses by the FDS, leaders of Mozambique’s security forces have likewise acknowledged the importance of the VPs in offering a guide for the behaviour of its personnel, in addition to the Universal Declaration of Human Rights and other norms of public international and humanitarian law. In addition, the Mozambican government has used the VPs to frame engagements that it has reached with the private sector, notably the memorandum of understanding it signed jointly with TotalEnergies on 24 August 2020, which stated that: ‘The Government of Mozambique is committed that the Joint Task Force personnel shall act according to the Voluntary Principles on Security and Human Rights (VPSHR).’ However, it is important to note that citizen engagement and participation is largely restricted to those communities around sites, and there is no wider platform for national engagement on these issues.
On 14 July 2021, an agreement was concluded which established a national working group on the effective implementation of the VPs in Mozambique. Speaking at the launch event – which was hosted jointly by the justice ministry and the CDD – Jorge Ferreira, the ministry’s inspector general, stressed the importance of establishing a national VP working group that brought together state institutions, private sector actors and CSOs, and emphasized that adherence by Mozambique to the VPs should be complemented by adherence to other, related, instruments, in particular the UN Guiding Principles on Business and Human Rights. A partnership with CDD and the Geneva Centre for Security Sector Governance (DCAF) has been established to promote the implementation of the VPs in Mozambique through the creation of two VP working groups, one at national level and one in Cabo Delgado. CDD plans to lead the initiatives in-country, while DCAF will provide technical advice, project management expertise and international donor coordination.
In addition to the implementation of the VPs, membership of the VPI would also greatly enhance the opportunities within Mozambique for information sharing and dissemination. There is significant benefit to being able to engage with business and CSOs to identify problems and grievances before they escalate. This includes working with VP signatory governments’ diplomatic missions, both in Maputo and in neighbouring states accredited to Mozambique. VPI membership also provides a platform to cooperate with signatory companies responsible for providing protection to their Mozambican employees and facilities.
Challenges to the implementation of the VPs in Mozambique
Adherence to the VPs would benefit investments in the mining and extractive sectors in Mozambique, minimize the possibility of conflict, and help support the state in its duty to protect human rights. But there are several important challenges to formal adherence and consistent use of the VPs in Mozambique.
First, there is a need for education at a national, state, commercial and community level. Citizens are largely unaware of their human rights, especially within a context of conflict and big business. Most citizens – and many working within state institutions – have never heard of the VPs or the UN Guiding Principles on Business and Human Rights. Most have no access to information on the rights of the communities, the duties of the state and businesses, how to identify violations or what legal remedies might be available.
There is a need for education at a national, state, commercial and community level. Citizens are largely unaware of their human rights, especially within a context of conflict and big business.
Second, both the country’s parliament and its judiciary must be involved in any national commitment to improving the human rights environment. Mozambique has recent and untested legislation governing business, mining and extractives. It needs to be consolidated, disseminated and tested in practice. On the rare occasions when there have been attempts to enforce such legislation, the weak material, human and financial capacity of legal, administrative and judicial institutions has proved inadequate to effectively address the complex challenges of enforcing human rights protections.