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ForUM vs Aker Kværner ASA

Case overview

Date filed 20 June 2005
Current status Concluded
Issue Aker Kværner's involvement in Guantánamo Bay prisons
Summary of the case 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.

Developments/Outcome 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.
Relevant OECD Guidelines
Case keywords Human rights

NCP Information

NCP name National Contact Point Norway
NCP address Oslow 0032, Norway
NCP website http://www.regjeringen.no/nb/dep/ud/tema/norgesfremme-og-kultursamarbeid.html?id=434499
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Aker Kværner ASA
Company address PO Box 169
1325 Lysaker Oslo
Norway
Company website
Company in violation Kværner Process Services Inc
Country of operations Cuba
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
29 November 2005 National Contact Point Norway statement The NCP issued a statement reprimanding the company and noting that "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 conculded that "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. The complainants are very happy with the statement. download pdf (26Kb)  
20 June 2005 Forum for Environment and Development file Complaint filed with Norwegian NCP.  

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