ForUM’s complaint alleges that Aker Kværner ASA, through its wholly owned subsidiary Kværner Process Services Inc. (KPSI), has breached the Guidelines’ human rights provision at Guantanamo Bay, Cuba.
In 2001, KPSI’s activities were expanded to include the building and maintenance of facilities for the incarceration of captives taken during military operations in, among other places, Afghanistan.
The complainants contend that Aker Kværner and KPSI are contributing to a prison system that abuses international law and core human rights.
Relevant OECD Guidelines
The NCP met jointly with the complainants and company in September and October 2005 and issued a statement the following November reprimanding the company and noting, “the activities that the company has carried out can be said, at least partly, to have affected the inmates of the prison”.
The NCP further concluded, “Aker Kværner could have delivered a great deal more documentation without compromising customer confidentiality” and “strongly encouraged” the company to draw up guidelines for ethical behaviour.
Aker Kværner has ceased its operations at Guantanamo Bay. The official reason given was the company lost its contract with the US Department of Defense.
The complainants were pleased with the outcome.