A new report by Amnesty International criticizes the project agreements governing the Chad- Cameroon oil pipeline, a World Bank supported project that transports oil through a 1070-kilometer pipeline from fields in southern Chad to the coast of Cameroon, arguing that the agreements encourage the governments of Chad and Cameroon to ignore human rights obligations in favour of business interests.
The report focuses on project agreements drawn up in 1999 by a consortium of oil companies lead by ExxonMobil, supported by the World Bank, and agreed to by the governments of Chad and Cameroon. It questions whether the agreements, which expressly forbid any sort of interference with the construction, operation, and maintenance of the pipeline, are compatible the protection and fulfilment of human rights in Chad and Cameroon.
The report contends that the governments might be prevented from taking action to protect human rights because such actions could be considered 'interference' with the project, and thus forbidden under the agreements. For example, governments could be prevented from imposing improved health and safety conditions for workers because of the agreements, while oil companies could prohibit 'activities such as interrupting work in order to contact a labour inspector because of a concern about a health and safety.'
The report also notes that while ExxonMobil's code of conduct endorses the ILO's Fundamental Principles and Rights at Work, the project agreements'provision against interference 'could be used as a pretext for violations of workers' rights recognized under international law and Exxon's own code of conduct.' And although the agreements provide for an arbitration mechanism, arbitrators would ultimately favour the interests of the consortium over human rights concerns because the agreement requires that no administrative,legislative, or regulatory measure be applied in such a way that it adversely affects the economic advantage of the consortium.
Amnesty International recommends revising the project agreements to include an explicit guarantee that the agreements not be used to undermine the human rights obligations of the states or the human rights responsibilities of the companies. The IFBWW and ICFTU worked with affiliates in Cameroon and Chad to protect workers' rights during the construction phase of the pipeline, which lasted from 2000 to 2003.
The full report is available at: http://web.amnesty.org/library/index/engpol340122005
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