Bad Company BP, human rights and corporate crimes

cultureunstained.org June 2017 Bad Company: BP, human rights and corporate crimes

Introduction: Backing BP by renewing its sponsorship In July 2016, four of the UK’s most iconic cultural The Museums Association’s Code of Ethics states that institutions – the National Portrait Gallery, the museums and galleries should ‘seek support from British Museum, the Royal Opera House and the organisations whose ethical values are consistent with those of the museum’, and in order to do that they should, ‘conduct Royal Shakespeare Company – took the thorough and well documented research to demonstrate that controversial decision to sign a new 5-year they have understood the nature of the company’s business, sponsorship deal with the oil and gas company, BP. and any claims made against it.’1 By accepting sponsorship Despite mounting pressure to cut their ties to fossil from BP, these cultural institutions are making a bold and fuels, these museums and galleries chose to retain a public statement: that even after thorough researching into close association with BP, lending the company BP's negative human rights and environmental impacts much-needed social legitimacy in a time of growing around the world, they believe it is a company worth endorsing. When BP sponsors a museum or gallery, that climate crisis. institution is also choosing to publicly endorse BP. Contents

2 Introduction: Backing BP by renewing its sponsorship 4 Summary 5 Recommendations

6 Part 1: BP’s friends: the regimes that violate rights 6 1.a BP in Azerbaijan 9 1.b BP in Egypt 12 1.c BP in Mexico 14 1.d BP in West Papua

17 Part 2: BP’s partners: the support that fuels oppression 17 2.b BP’s operations in Colombia 19 2.b BP in Algeria 20 2.c BP in Angola

22 Part 3: BP’s actions: the human cost of cover-ups and corporate crime 22 3.a BP’s Gulf of Mexico oil spill 26 3.b Falling short: impacts on workers and communities

30 Recommendations 31 Appendix 1: National Portrait Gallery Ethical Fundraising Policy 34 Appendix 2: Research Guidance (to accompany National Portrait Gallery Ethical Policy) 37 Endnotes

2 Bad Company: BP, human rights and corporate crimes The National Portrait Gallery: equipped to exercise ethical scrutiny?

All cultural institutions need to be equipped to scrutinise ethical issues relating to corporate sponsors but the provisions made by BP-sponsored museums and galleries in this area vary widely. The British Museum has admitted that it has no form of ethical fundraising policy or ethics policy that addresses sponsorship – a deeply concerning situation for an internationally renowned museum. However, through Freedom of Information The National Portrait Gallery Photo (cc) Culture Unstained requests, Culture Unstained has discovered that the National Portrait Gallery (NPG) does have an ethical fundraising policy, which is both broad and Climate change, human rights & corporate crimes thorough.2 From repressive dictators stifling freedom of expression, to Within that policy, the gallery outlines seven regimes imposing authoritarian laws, to states using violence situations where it ‘reserves the right to reject against their own people: these are BP’s chosen business offers of support’. They include several that are of partners. And the way it does business has involved misleading particular relevance to BP: governments and the public. BP’s record on human rights alone should make it an unacceptable choice of partner for institutions • Where support would impinge on the artistic or that believe in freedom of expression, freedom of assembly and academic freedom of the Gallery or would the values that underpin democracy. otherwise compromise its status as an Much of the criticism of BP’s arts sponsorship to date has independent institution; focused on its role as one of the world's biggest emitters of • Where the supporting source is known or greenhouse gases, and its determination to ignore the evidence suspected to be closely associated with a regime and extract more fossil fuels when the world needs to rapidly known or suspected to be in violation of human transition away from them. But climate change is also a human rights; rights crisis: lives and livelihoods are already being destroyed, • Where support is known or suspected to derive climate-related mass migration is growing and resource scarcity is from the proceeds of crime. fuelling new conflicts. Nearly ten years ago, the UN Human Rights Council made it The first of these is clearly in question: BP’s clear that climate change ‘has implications for the full enjoyment Head of Arts & Culture, Des Violaris, sits on the of human rights’. Yet, at this year’s BP AGM, the company’s judging panel of the BP Portrait Award, so has the chairman commented that it was ‘the first time’ he had heard of ability to influence the award’s shortlist and human rights being connected to climate change – a stunning winner. But this report focuses on the latter two. dismissal of the suffering being exacerbated by his company's First, it lays out in detail BP’s close associations operations. with regimes known to be in violation of human rights around the world. It then examines the As the NPG prepares to stand shoulder to shoulder with BP for extent of BP’s corporate criminality and the a further five years – with the deal signed last year coming into ongoing risks it poses to workers and communities. force in 2018 – the gallery needs to make clear whether it conducted that crucial process of due diligence and if so, whether Given the weight of evidence of BP's negative it adequately assessed BP’s close ties to regimes known to be human rights and environmental impacts around violating human rights. Can the gallery confidently state that a the world, we are forced to conclude that its sponsorship deal with BP does not conflict with its Ethical sponsorship could only be deemed acceptable if a Fundraising Policy? When the new deal was announced, the cultural institution were to disregard the Code of gallery’s director, Nicholas Cullinan, said he was proud of the Ethics, water down that crucial process of ‘due ongoing partnership with BP. But is he proud of BP’s ongoing diligence’ research or fail to apply any kind of partnerships with regimes that violate human rights? And if not, meaningful ethical scrutiny at all. will he now move to end the gallery’s sponsorship deal with this unethical oil company? cultureunstained.org 3 Summary By accepting BP’s offer of sponsorship, the National Portrait Gallery has made a bold public statement: that after conducting careful due diligence it believes BP’s ethical standards match its own. They Gallery's own Ethical Fundraising Policy appears to suggest that it holds human rights in high regard, values integrity and not criminality, and wishes to promote enjoyment of the arts for all. Does the Gallery - and BP’s other ‘cultural partners’ - really believe that collaborating with dictators, partnering with repressive regimes and putting communities and workers at risk is an ethical way to do business? This report highlights just a few of the regimes with whom BP is closely embedded, and just some examples of how the company has flouted laws, been grossly negligent and been found criminally culpable in the last 10 years.

1) BP’s friends: 2) BP’s partners: the support the regimes that violate rights that fuels oppression

a) BP is the largest foreign investor in Azerbaijan, a) In Colombia, BP made large payments to the Ministry working closely with the notoriously repressive Aliyev of Defence, the army and the police in order to protect regime, where there are over 100 political prisoners. oil facilities. Multiple allegations have been made in Azerbaijan was suspended and has now left the the years since about the extent of BP’s involvement in ‘Extractive Industries Transparency Initiative’ after human rights violations. failing to improve conditions for civil society, with the b) BP works in partnership with the state-owned oil work of independent groups and NGOs being impeded company in Algeria, a company tarnished by a b) In Egypt, BP is one of the largest foreign investors in corruption scandal. Over the years, oil industry revenues the country and works in direct partnership with a have enabled the repressive operations of the military regime widely condemned for introducing repressive and police. Demonstrations remain banned in the anti-protest and counter-terrorism laws. Popular capital city of Algiers. opposition to BP’s presence in the town of Idku, c) While human rights defenders and journalists face which flared up in 2011 and forced the company to repression in Angola, BP and its partners have made suspend operations, is now all but impossible and BP has questionable payments to Sonangol – the national oil pressed ahead with its original plans. company headed by the Angolan President’s daughter – c) Mexico is in a serious human rights crisis characterised for a research centre that has never been built. by an extreme situation of violence and insecurity. BP works in ‘close collaboration’ with the Mexican 3) BP’s actions: the cost of cover-ups government to pursue deep-water drilling in the Gulf of Mexico while the harmful impacts of the Deepwater and corporate crime Horizon spill along the Mexican coastline have never a) Following the Deepwater Horizon disaster, BP pled been addressed. guilty to 14 criminal charges and was found guilty of d) To extract gas in West Papua, BP works with the ‘gross negligence and wilful misconduct’. The impacts Indonesian government which continues to occupy on livelihoods, health and ecosystems are still being felt West Papua and deny Indigenous Papuans the right to today. BP admitted lying to the US House of self-determination. West Papuans face widespread Representatives, and attempted to privately influence violence and repression, with the Indonesian independent research into the spill. government accused by some of genocide. b) In 2008, BP attempted to cover up a gas blowout in the Caspian Sea prompting the ‘largest such emergency evacuation in BP’s history’. A pattern of major incidents and poor safety continues today, at refineries and drill sites, with the rights of communities and workers put at risk.

4 Bad Company: BP, human rights and corporate crimes 4) Recommendations The contents of this report make clear that the In order to restore public trust and protect their realities of BP's business practices do not align reputations, they should also: with the principles and values espoused by the • Convene dedicated ethics committees whose National Portrait Gallery, British Museum, Royal membership represents all levels of the institution’s Shakespeare Company and Royal Opera House. workforce, with the specific role of scrutinising decisions Consequently, the decision to sign a new and instances where significant ethical questions are sponsorship deal with BP represents a high level of raised. Such a committee should complement and support the role of trustees. risk and threatens to damage the reputations of • Revise relevant ethics policies in order that their these institutions and undermine the public’s trust implementation rests on objective assessment of specific in them. evidence over and above the perception of, or opinion In order to address these concerns, these four on, any controversy related to a sponsor. If no ethical organisations should undertake a review of the decision to fundraising policy or ethics policy with a specific clause sign a new sponsorship contract with BP. First there addressing sponsorship exists, one should be developed should be a process of due diligence which: as a matter of urgency. • Incorporate issues of sustainability, environmental • is thorough and well-documented; impact, climate change and climate justice into all • is proportionate to the scale of the proposed aspects of the institution’s work, from operational relationship with BP; decisions to fundraising. Environmental or • demonstrates that they have researched, assessed and sustainability policies/statements should be revised in understood the nature of BP’s business and the claims order to recognise that an institution’s environmental made against it; impact is not limited to its day-to-day operational • is based on independent information, sources and activity, and should be addressed holistically with ‘buy- accounts, not the company’s own; in’ from all levels of staff. • is made available to the public; and In conclusion, these cultural institutions need to be seen • takes full account of the evidence cited in this report to enforce existing policies, principles and guidelines, by and identifies a strategy for evaluating that evidence free undertaking what might be deemed ‘standard practice’ of any pre-existing bias or potential conflicts of interest. across the sector. But in a time of accelerating climate crisis – and in situations where human rights are in These cultural institutions, having fully understood the question – there is a need to go beyond standard practice. ethical conflicts presented by BP, should then terminate their existing relationships with the company. These cultural institutions have an opportunity to take a leading role, both in promoting the values they claim to already hold and in the transition to a fossil free culture.

Culture Unstained Culture Unstained is a research, engagement We are part of the Art Not Oil coalition and campaigning organisation, which aims to nationally and the international Fossil Free end fossil fuel sponsorship of culture. We Culture movement. call on arts and cultural organisations to cut Art Not Oil is a coalition of campaigns, their ties to fossil fuels and, in doing so, aim research and arts organisations united to undermine the social legitimacy that the around the aim of ending oil sponsorship of industry gains from these relationships. arts, science and cultural institutions. cultureunstained.org artnotoil.org.uk

cultureunstained.org 5 Part 1 BP’s friends: the regimes that violate rights

The National Portrait Gallery reserves the right to reject an offer of support ‘where the supporting source is known or suspected to be closely associated with a regime known or suspected to be in violation of human rights’. In Azerbaijan, Egypt, Mexico and West Papua, BP works in close collaboration with a dictator, a military regime and governments that all routinely violate basic human rights. In light of this, will the gallery reconsider its own collaboration with BP? a) BP is the largest foreign investor in Azerbaijan, working closely with the notoriously repressive Aliyev regime, where there are over 100 political prisoners. Azerbaijan was suspended and has now left the ‘Extractive Industries Transparency Initiative’ after failing to improve conditions for civil society, with the work of independent groups and Ilham Aliyev during visit to Poland in 2008 NGOs being impeded Photo (cc) Polish Senate b) In Egypt, BP is one of the largest foreign investors in the country and works in direct partnership with the government. It is a regime widely condemned for introducing repressive anti-protest and counter-terrorism 1.a BP in Azerbaijan laws. Popular opposition to BP’s presence in the town of Idku, which flared up in 2011 and forced the company to move sites, is now all but impossible and BP has Azerbaijan is one of the countries where BP’s close returned to its original plans. relationship with a regime in violation of human c) Mexico is in a serious human rights crisis… characterised, rights is most explicit. Through its business in by an extreme situation of violence and insecurity. BP Azerbaijan, BP has shown that it is willing to: works in ‘close collaboration’ with the Mexican government to pursue deep-water drilling in the Gulf of • Work in close collaboration with a dictator renowned Mexico while the harmful impacts of the Deepwater for intimidating and detaining those who criticise his Horizon spill along the Mexican coastline have never been regime – in order to protect its bottom line. addressed. • Turn a blind eye to the widespread human rights d) To extract gas in West Papua, BP works with the violations taking place under the Aliyev regime and the Indonesian government which continues to occupy West international criticism it has attracted. Papua and deny Indigenous Papuans the right to self- • Push ahead with the construction of pipelines, including a determination. West Papuans face widespread violence controversial gas pipeline that would keep Europe locked and repression, with the Indonesian government accused into fossil fuels for decades to come. by some of genocide.

6 Bad Company: BP, human rights and corporate crimes BP’s Business In response, BP was all too eager to please: the company rapidly issued a public apology of sorts, replaced its The company opened its first office in Baku, the capital of Regional Head for Azerbaijan, Georgia and Turkey, and two Azerbaijan, in June 1992. This was just a year before a of the company’s Vice Presidents left Azerbaijan as BP military coup which brought about the installation of reordered its top tier in the country.7 Just weeks later, BP Heydar Aliyev – once head of the country’s branch of the CEO Bob Dudley was received as an official visitor to KGB – as President. In 1994, BP, alongside a number of Aliyev’s palace, and close collaboration could resume. other companies, signed a major production sharing agreement with the Aliyev regime for the development of the Azer-Chirag-Guneshli (ACG) oil fields. That Profiting from repression? agreement later became known as ‘the contract of In recent years, most human rights groups in the the century’, given both its scale and its country have been forced to suspend their 3 significance for the regime. ‘Without activities. Many have had their assets frozen BP has subsequently become the and members have been intimidated - BP’s support, many facing criminal prosecutions. operator of the Shah Deniz gas fields in Heydar Aliyev would the Caspian Sea, where it holds a Meanwhile, international human rights controlling stake. It is often cited as one have found it difficult to monitors have been denied access to the of the company’s flagship projects. BP retain power in the year country and in June 2015, Amnesty also heads the consortia that control the International was barred from entering following the coup’. Azerbaijan ahead of the European Games Baku-Tbilisi-Ceyhan oil pipeline (BTC) 8 and South Caucasus Gas Pipeline (SCP) – in Baku. It has been estimated that 100 people remain imprisoned on politically which run in parallel and flow from Azerbaijan, 9 through Georgia, to Turkey. It is the SCP that BP and motivated charges. A constitutional referendum others now hope to connect with the ‘Euro-Caspian Mega held in 2016 – a process where mass electoral violations Pipeline’, a highly controversial project that aims to link the were reported – has allowed Aliyev to extend presidential Shah Deniz gas field with Europe (see below). terms, limit freedom of assembly if it ‘breached public morals,’ and appoint his wife, Mehriban Aliyeva, as the First 10 A ‘trusted and long-term partner’ Vice President. of a rights-violating regime OBC Transeuropa, a think tank focused on South-East Europe, Turkey and the Caucasus, documented the regime’s Today it is Heydar Aliyev’s son, Ilham Aliyev, who is extensive crackdown on freedom of expression in 2014. Its President of Azerbaijan. Ilham was appointed as the ruling timeline ‘2014: the great Azerbaijani crackdown’, highlights party’s sole candidate for president, shortly before Heydar’s significant events relating to human rights, including legal death in 2003. This year, BP is celebrating 25 years of close amendments made by Aliyev that restricted the space for collaboration with the Aliyev family, a long-term and close civil society, numerous arrests, detentions and attacks on commitment to a regime renowned for violating human journalists and members of civil society, and the decision by rights. ‘We aspire to be a valued, trusted and long-term many papers, news outlets and other organisations to partner in the development of Azerbaijan’s hydrocarbon suspend their work as a direct consequence of, or due to the 4 resources’ boasts the company on its website. potential risks they faced.11 In their report, ‘All That Glitters’, Emma Hughes and In September 2014, 12 Azeri civil society groups and James Marriott from the organisation Platform note that individuals wrote to BP urging the company to call for the ‘Without the Aliyevs’ support, BP would not have become release of political prisoners in Azerbaijan and to end its the dominant foreign company in the new state of sponsorship of Baku 2015, the inaugural European Games Azerbaijan. Without BP’s support, Heydar Aliyev would which would provide valuable legitimacy and international have found it difficult to retain power in the year following prestige to the Aliyev regime while deflecting attention the coup. This was the beginning of a marriage of mutual from its record of human rights violations.12 In response, 5 convenience.’ Today, BP is the largest foreign investor in Elodie Grant Goodey, BP’s head of societal issues and 6 Azerbaijan. relationships, stated that ‘BP has a long history of In 2012, in a rare outburst of anti-BP sentiment from the conducting its business activities in Azerbaijan responsibly regime, Ilham Aliyev accused BP of making ‘false promises’ and is already doing much that demonstrates our respect for 13 on production targets as output from the Azer-Chirag- human rights.’ Guneshli oil fields slumped. cultureunstained.org 7 However, BP has regularly refused to comment on the BP’s own human rights failings human rights records of those it works with, even when While it is BP’s relationships with those that violate human there has been outspoken criticism from the international rights that are under scrutiny here, there have also been community. proven cases where the company itself has fallen below In October 2014, following a fact-finding mission to expected human rights standards. In 2011, the UK Azerbaijan, the Board of the Extractive Industries government’s ‘National Contact Point’ (NCP) ruled that Transparency Initiative (EITI) – ‘the global standard for the the BP-led consortium constructing the BTC pipeline had good governance of oil, gas and mineral resources’ – failed to fulfil its human rights responsibilities.20 The NCP expressed ‘deep concern’ about its findings. Its chair, Clare is the body responsible for dealing with complaints brought Short, noted that ‘the situation facing civil society in against multinational enterprises under the Organisation for 14 Azerbaijan is clearly problematic’. On the 9th March this Economic Co-operation and Development (OECD)'s year, the Board of the EITI decided that ‘Azerbaijan did not guidelines. fully meet the corrective actions related to civil society The NCP’s ruling stated that ‘the company failed to space’ which had been set by the Board in October 2016 identify specific complaints of intimidation against affected and ‘was therefore suspended.’15 communities by local security forces…and, by not taking The following day, rather than take remedial action, the adequate steps in response to such complaints, failed to Government of Azerbaijan asked the International adequately safeguard against the risk of local partners Secretariat of the EITI ‘to remove Azerbaijan from the list undermining the overall consultation and grievance 16 of EITI implementing countries effective immediately’. process.’21 While the ruling concerned intimidation that has Despite being a supporting company of the EITI, BP gave occurred along the pipeline’s course through Turkey, it no indication at its AGM in May that developments with arguably reflected growing concerns about the project as a regard to Azerbaijan would affect its activity in the country whole, concerns that are re-emerging today in relation to the or its relationship with the regime. Carl-Henric Svanberg, Euro-Caspian Mega Pipeline. The BTC pipeline began to BP’s Chairman, simply said ‘If governments find it okay, we pump oil in 2006. will continue.’

Providing a platform: The Science Museum BP’s efforts to ingratiate itself to the Aliyev regime also thread back to the UK in unexpected ways. In 2004, BP sponsored the London Science Museum’s ‘Energy Gallery’ and played a direct role in its design and conception. The museum’s Corporate Liaisons manager said at the time ‘We would like to help them [BP] meet their objectives on different levels, including corporate responsibility, education strategy and global strategy.’17

In the following year, the purpose-built Caspian Energy Looking towards Energy Gallery inside London Science Centre – directly inspired by the Science Museum’s Energy Museum. Photo (cc) Marcin Wichary Gallery – was opened at the Sangachal Terminal in Azerbaijan, with the $3.2 million building and $1.6 A decade later, it was another building – the Heydar million exhibition costs being shared between BP and its Aliyev cultural centre in Baku – where BP and the regime partners. The Centre, ‘which promotes the country`s role celebrated their close cooperation and the passing of in the world`s oil and gas industry’ was inaugurated in a twenty years since the signing of the ‘contract of the ceremony attended by President Ilham Aliyev, senior century’. However, even the clearing of the site for the officials from the USA, the UK, Turkey, Georgia and construction of the cultural centre was mired in violations Kazakhstan and coincided with ‘the commissioning of the of basic rights. Giorgi Giorgia of Human Rights Watch Azerbaijani section of the Baku-Tbilisi-Ceyhan main oil reported at the time that ‘the government [had] squeezed export pipeline.’ Khatira Iskender, BP’s government and people out by cutting off their supply of electricity, gas and community relations manager in Baku noted at the time water. Sometimes residents would be detained and when that the Energy Centre can ‘share our achievements they came back, their homes were simply gone. Other and…bring visibility to [our] partners and government.’18 buildings were demolished with people still in them.’19

8 Bad Company: BP, human rights and corporate crimes The Euro-Caspian Mega Pipeline (ECMP) 1.b BP in Egypt BP, alongside its partners, is currently pressing ahead with the construction of the Trans-Adriatic Pipeline (TAP), which would form part of the larger Euro-Caspian Mega In recent years, the people of Egypt have lived Pipeline project (ECMP). If built, the ECMP would through a dictatorship, a revolution and a military provide a roughly 3500km channel for gas extracted in the coup, and continue to experience repression, Caspian Sea to be transported to Europe, via three sections violence and new laws that clamp down on multiple of pipeline: the South Caucus Pipeline Extension crossing freedoms while, in some cases, promoting corporate Azerbaijan and Georgia, the Trans-Anatolian Pipeline going interests. BP has shown that it is willing to: onwards across Turkey, and linking to the Trans-Adriatic Pipeline crossing • Praise and work in close Greece, Albania and Italy. collaboration with Egypt’s dictators and repressive rulers, in order to secure According to Bankwatch, the pipeline new drilling deals and boost its profits. is ‘unnecessary in light of gas demand projections in the European Union's • Disregard local opposition to its 2050 Energy Strategy’ and the $45 infrastructure plans and press ahead billion investments the project brings when popular protest has become all ‘will boost Azerbaijan's dictatorial but impossible. regime’.22 The controversial project has • Show little to no concern about already been dubbed ‘Europe’s own human rights violations, such as Keystone XL’.23 An infrastructure enforced disappearances and torture at the hands of the National Security project of this kind would lock Europe Egyptian President and former into fossil fuel use for decades to come, Minister of Defence, Agency. driving further carbon emissions. Abdel Fattah el-Sisi. Photo (cc) Russian Presidential BP’s Business In Melendugno in Italy, hundreds Press Office BP has been present in Egypt for gathered to peacefully resist when almost 50 years. With its partners it workmen began removing trees before currently produces around 15% of the country’s oil and 30% permits for construction of the TAP had been issued. When of its gas, with operations primarily taking place in the Gulf police were then sent in to enforce the clearing, public of Suez and the West Nile Delta.25 What is significant meetings drew thousands, and led to sit-ins, barricades and about BP’s business in Egypt is that it often works directly court appeals. Work has reportedly now been delayed until with the Egyptian government through joint ventures, such November. The echoes of the BTC pipeline’s construction as the Gulf of Suez Petroleum Company (GUPCO), which process – and BP’s failure to acknowledge opposition to it – BP formed with the state-owned Egyptian General are all too clear. Petroleum Corporation (EGPC) in the 1960s. BP describes GUPCO on its website as a ‘pioneering Long-term collaboration partnership’. More recently the partners established the BP has previously boasted about how it is the largest foreign Pharaonic Petroleum Company in 2008. investor in Azerbaijan and, as was the case with the European Games in Baku, BP could be viewed as a A ‘pioneering partnership’ ‘corporate sponsor’ of the Aliyev regime. In its most recent with repressive regimes Annual Report, the company pointed to having signed ‘principles of agreement on [the] future development of the Given that BP’s business in Egypt involves direct Azeri–Chirag–Gunashli oil field to 2050.’24 Not only does collaboration with the government, the company has this signal BP’s long-term commitment to a regime that worked hard to maintain close relationships with Presidents continues to violate international human rights standards and dictators alike, regardless of the serious questions that but is an open admission that it plans to pursue large-scale have surrounded their human rights records. BP has spent and long-term fossil fuel extraction for decades to come, in much of the last five years working to secure a major deal to turn fuelling the human rights impacts of climate change. extract gas offshore of North Alexandria, initially made under the country’s dictator President Mubarak in July 2010 for $9 billion.

cultureunstained.org 9 Following the popular revolution of 2011, BP CEO Bob Dudley met with the new President, Muhammad Morsi, in September 2012, in order to re-launch the same project but for an increased $11 billion. Following widespread protest against Morsi, the President was ousted by a military coup in 2014, leading to the election of former military leader Abdel Fattah el-Sisi amidst a widespread crackdown on dissent. BP seized the opportunity to restart its operations and Bob Dudley went to Cairo to meet with new Prime Minister Ibrahim Mahlab, to celebrate renewed co- operation.26 In 2015, BP appeared to have secured a deal with even better terms, announcing a plan to invest $12 billion to develop North Alexandria and West Mediterranean Deep Water concessions but receiving 100% of the profits. A working group, formed of employees from BP and Egypt’s state-run gas company, analysed previous contracts with BP and believe that Egyptians may have ‘lost Child takes part in Idku's march against BP out on at least $32bn in several major renegotiations of the Photo: Mika Minio-Paluello contracts since 1992’.27 BP is also a long-term sponsor and remains a corporate Profiting from repression? member of the American Chamber of Commerce in Egypt BP was initially forced to put a flagship project on hold (AmCham). Prior to the revolution of 2011, the President when in 2011, residents of the town of Idku mobilised of AmCham successfully lobbied against a US Congress against the plan to build a mega-gas plant next to their debate on a resolution demanding that Mubarak ‘hold fair homes.30 After long delays, the local resistance forced BP to elections, allow international monitoring of elections, and concede and the company attempted to relocate to Burg respect democracy and human rights.’ In May 2012, Mighazil, a village in the neighbouring governate. Once Presidential candidate Ahmed Shafiq was also cheered and again, popular opposition forced BP to halt construction.31 applauded by members of AmCham when he suggested But as part of the clampdown on public criticism under 28 using force and executions to restore order. newly installed President Sisi, a strict and repressive anti- Through its business relationships with the Egyptian protest law was enacted on the 24th November 2013, with a government and its involvement in AmCham, BP could Counter Terrorism law enacted in August 2015, work to mitigate adverse human rights impacts by exercising constraining rights to protest and opposition even further.32 its leverage over the government. But at successive AGMs, With opposition now all but impossible in Idku, BP’s way where BP has been asked about exerting its influence over was cleared and the company signed the final agreement for those it works with when human rights are at stake, the the project to go ahead back in its original location in Chairman Carl-Henric Svanberg has feebly stated that ‘We 2015.33 don’t see it as our task to take a political position.’ Human Rights Watch (HRW) have stated that: Foundational principle 13. (b) from the ‘UN Guiding Principles on Business and Human Rights’ states that: ‘[Sisi’s Counter Terrorism law] increases authorities’ power to impose heavy sentences, including the ‘The responsibility to respect human rights death penalty, for crimes under a definition requires that business enterprises…seek to ‘British Petroleum of terrorism that is so broadly worded it prevent or mitigate adverse human rights 35 impacts that are directly linked to their is an agent of, and I could encompass civil disobedience.’ know this sounds harsh, operations, products or services by their And Amnesty International have business relationships, even if they have looting – looting the natural highlighted that: not contributed to those impacts.’29 gas for the benefit of European nations…’ ‘The vague and overly broad definition At this year’s AGM, BP CEO Bob ~ Saad Al-Shalaby, of “terrorist act” included in the law Dudley said that he was ‘comfortable with Resident of Idku34 allows the authorities to suppress any the level of risk in Egypt’. form of peaceful dissent.’ 36

10 Bad Company: BP, human rights and corporate crimes Given the closeness of its relationship with the Egyptian Widespread human rights violations government and their joint ventures, BP has also been in a at the hands of the government position to benefit from Sisi’s alterations to the country’s Investment Law.37 The ability of citizens to legally challenge On its website, Amnesty International paints a damning a contract between the government and a business, and hold picture of the human rights situation in Egypt. It describes businesses to account for corruption or bad business the use of mass arbitrary arrests by the authorities to practice, has been removed. It is a development that runs suppress dissent, the detention of journalists and human counter to Foundation Principle 27 of the ‘UN’s Guiding rights defenders, the enforced disappearance of hundreds at Principles on Business and Human Rights’: the hands of the National Security Agency (NSA), torture and ill-treatment carried out by the NSA and others, and ‘States should provide effective and appropriate non- the use of lethal force as part of regular policing which ‘may judicial grievance mechanisms, alongside judicial have amounted to extrajudicial killings’.41 When asked mechanisms, as part of a comprehensive State-based about the human rights situation in Egypt at its AGM this system for the remedy of business-related human rights year, BP CEO Bob Dudley commented that he was abuse.’ 38 ‘comfortable with the level of risk in Egypt’ and the Chairman Carl-Henrik Svanberg dispassionately stated that Speaking at Egypt’s Economic Development Conference the company does not make ‘political judgments’ about in Sharm el-Sheikh in March 2015, BP CEO Bob Dudley those it works with. commented that ‘We have seen in the last year, and Founded in 2014, the Egyptian Commission for Rights particularly in the last three or four months, the term that and Freedoms (ECRF) had named 1,000 victims of many people use in Egypt: we can see the red tape being enforced disappearance by April 2016 – including children. cut.’39 While BP might not have publicly advocated for Many victims of enforced disappearance also allege that they specific changes in legislation, the Sisi regime has have been subjected to torture by the National Security undoubtedly created a situation that is favourable for BP Agency, with Amnesty International noting last year in its deals. In recent years, BP has secured unheard-of terms report ‘Egypt: Officially, you do not exist’: where it gains 100% of the profits – with any risk of ‘Methods of torture reported by victims and witnesses popular opposition, public protest or proper accountability all but removed. include electric shocks to the body and sensitive areas, such as the genitals, lips and ears; prolonged suspension Foundational Principle 13 from the UN Guiding by the limbs while handcuffed and naked; sexual Principles states that: abuse, including rape; beatings and threats.’ 42 ‘Questions of complicity may arise when a business enterprise contributes to, or is seen as Providing a platform: The British Museum contributing to, adverse human In 2016, BP sponsored the British Museum’s flagship ‘Sunken Cities: rights impacts caused by other Egypt’s Lost Worlds’ exhibition where, at the exhibition’s launch, the parties. Complicity has both non- company promoted its close relationship with Egypt’s rulers and its legal and legal meanings. As a business interests in the country to invited guests. Among them was the nonlegal matter, business enterprises Egyptian Ambassador. The ‘Sunken Cities’ exhibition was aptly named may be perceived as being “complicit” but the association with BP poorly judged: Egypt is one of the five in the acts of another party where, for countries most at risk from rising sea levels in the future and sea level rise example, they are seen to benefit from of just half a metre would force half a million people to evacuate from an abuse committed by that party.’ Alexandria, Egypt’s second largest city, and the loss of almost 200,000 jobs.43 On its website, BP claims to be The company’s history in Egypt has been one of lending support and ‘working towards alignment’ with these legitimacy to dictators and military leaders who violate internationally principles but when BP stands to gain – recognised human rights, and participating in an industry group that albeit indirectly – from Sisi’s alterations often backs them. But BP’s continued contribution to global climate to laws and legislation, questions of change will help fuel a whole range of new human rights impacts that complicity are hard to avoid.40 will be witnessed in Egypt in the coming decades, likely exacerbating those that have been outlined above.

cultureunstained.org 11 1.c BP in Mexico BP’s business BP has been in Mexico for over 50 years. It has a long- standing partnership with Pemex, Mexico’s state-owned oil Mexico is facing a human rights crisis, with company and has recently begun taking advantage of extensive evidence of rights violations at the hands President Peña Nieto’s controversial energy reforms, which of the Mexican government. But BP is willing to ended Pemex’s monopoly and opened up the country’s turn a blind eye and is instead pursuing energy market. In words that have since been removed from opportunities to: its website, BP stated that ‘[some of our 70 employees in Mexico are] focused on E&P [exploration and production], • Work in close cooperation with the Mexican based on the new opportunities afforded by the landmark government in order to advance both its upstream and energy reform bill passed in December 2013, and which is downstream operations. currently in the implementation phase.’ • Undertake deepwater drilling in the Gulf of Mexico at a BP is now involved in three projects in the Mexican time when Mexican fishermen and communities are yet to waters of the Gulf of Mexico, two in deep waters and one in be compensated for BP’s Deepwater Horizon disaster. shallow waters. BP also plans to open around 1,500 fuel • Pursue new sources of fossil fuels when proven reserves stations in the country over the next five years, becoming a of fossil fuels globally already exceed the amount that can large player both in the production and retail of be burned if the Paris Accord is to be met. hydrocarbons.44

“Arpillera” - a tapestry, reflecting the relationship between BP and the Mexican government, made by London Mexico Solidarity, Movimiento Jaguar Despierto, the Wretched of the Earth and Expresión Inca. The words top right are taken from an old Mexican saying: “They wanted to bury us but they did not know that we are seeds.” See: historyofbp.org Photo: Diana More

12 Bad Company: BP, human rights and corporate crimes A ‘partnership that sticks together’ A serious human rights crisis During the ‘Mexican Energy Reform Summit’ in London in with state involvement March 2015, BP CEO Bob Dudley gave a keynote speech The Inter-American Commission on Human Rights where he spoke of ‘strengthening long-term relationships (IACHR) has referred to the situation in Mexico as ‘a with Pemex and with the Mexican Government’. He noted serious human rights crisis’, which is ‘characterised by an that ‘Protecting value long term means protecting extreme situation of violence and insecurity; critical rates of important, mutually beneficial relationships – partnerships impunity; and inadequate and insufficient care for victims that stick together to weather the ups and downs of and their relatives’. Enforced disappearances and 45 the market and geopolitics.’ A year earlier, extrajudicial killings are widespread, violence the Houston Business Journal reported ‘Protecting against women and girls is prevalent and comments made by BP America value long term means mass graves are regularly discovered across Chairman and CEO John Minge at the protecting mutually the country. Offshore Technology Conference, that beneficial relationships that he was ‘excited’ about the possibilities in Enforced disappearances with the weather the ups and downs of Mexico, particularly ‘deepwater offshore involvement of the state and by non- as BP rebounds in the Gulf of Mexico'. the market and geopolitics.’ state actors are widespread in Mexico, and those responsible continue to enjoy, Deepwater drilling encompasses ~ Bob Dudley, significant risks, both to ecosystems and in the words of Amnesty International BP CEO ’48 worker safety. If a blowout, spill or other ‘almost absolute impunity. Over 28,000 49 incident were to occur, responding effectively is have been forcibly disappeared since 2007. In extremely complex and dangerous. The lasting and severe 2014, an expert panel from the IACHR criticised the consequences of such an incident were made abundantly government’s flawed investigation into the enforced clear with the Deepwater Horizon disaster. disappearance in Iguala of 43 students from a teacher training college in Ayotzinapa. In their findings, the IACHR highlighted the federal government’s failure to cooperate with the panel’s investigations and criticised it for Providing a platform: The British Museum allowing a smear campaign to be mounted against the panel The BP-sponsored British Museum has also provided a and its findings.50 platform for the company to establish closer ties with Perpetrators of extrajudicial killings are rarely held to the Mexican government. Last year, documents account in Mexico. It is particularly hard to get justice for disclosed under the Freedom of Information Act those killed at the hands of the federal police. In June 2016, appeared to suggest that BP had leant on the British six were killed and over 100 injured during demonstrations Museum to hold a ‘Days of the Dead’ festival in by teachers’ unions in Oaxaca against sweeping education October 2015. During that event, BP held a private reforms passed in 2013. Despite statements by reporters reception with the Mexican Ambassador and members from the Associated Press and video footage confirming of the Mexican government, closely coinciding with BP that riot police fired at protesters, the Mexican government bidding on new drilling licenses from the Mexican has claimed that its police were not carrying firearms.51 The 46 government. In September 2015, BP-controlled Pan authorities in Mexico have now failed to publish the American Energy won a contract to drill a shallow number of people killed or wounded at the hands of police water block in Mexican waters and in December 2016, and military for the third consecutive year.52 BP was awarded the first block tendered in the Gulf of Mexico's Salina Basin – alongside Total and Statoil – On 15th May this year, the award-winning journalist, following an auction of deep water oil and gas licenses. Javier Valdez was shot dead, less than a month after the 47 murder of fellow reporter, Miroslava Breach. Since 2000, 104 journalists have been murdered in the country and Reporters Without Borders ranks Mexico number 147 on its annual press freedom rankings, which places it among the worst in the world.53 In 2015, it was reported that seven women are killed every day in Mexico with femicides in some Mexican states being fifteen times higher than the global average.54 According to the National Statistics Institute, 20,000 women were murdered between 2007 and 2015.55 cultureunstained.org 13 Large numbers of mass graves have been, and continue to 1.d BP in West Papua be, discovered across Mexico. In March, the discovery of 250 skulls in Veracruz led the state prosecutor to comment that ‘Veracruz is an enormous mass grave… It is the biggest West Papua is the western half of the island of New mass grave in Mexico and perhaps one of the biggest in the Guinea, just 200km north of Australia. It is a region world.’56 Lucía Diaz, a spokeswoman for Colectivo Solecito with hundreds of Indigenous tribes and cultures but whose members helped discover the graves, told the New York Times that ‘What we have found is abominable and it has been under Indonesian occupation since 1963, reveals the state of corruption, violence and impunity that with its people experiencing decades of human reigns not only in Veracruz, but in all of Mexico… A reality rights abuses, widespread violence and the that speaks of the collusion of authorities with organized suppression of their right to self-determination. crime in Veracruz, for it is impossible to see what we found Despite all this: without the participation of authorities.’57 • BP boasts that it is ‘committed to Indonesia’ and is one of BP in court over impacts of Gulf spill the country’s largest foreign investors, giving legitimacy to those occupying West Papua. on Mexican communities • Large revenues generated by BP in West Papua flow to the Indonesian government. In 2012, BP also made $69,000 ‘Is there any past, recent, current or planned litigation in security-related payments. against the company?’ • Foreign media and human rights groups are banned - National Portrait Gallery’s ‘Research Guidance’ from operating in West Papua, making it difficult to assess to accompany the ‘Ethical Fundraising Policy’58 the reality on the ground. In March 2012, BP agreed to a $7.8 billion settlement for those impacted by the company’s Gulf of Mexico spill, including companies, citizens, and conservation BP’s business organisations. However, that settlement only extended to BP’s concessions in Tangguh, Bintuni Bay –granted by the US citizens impacted by the spill and not those affected in Indonesian government – contain around 14.4 trillion cubic Mexico. feet of liquefied natural gas (LNG).61 Exploration began under Atlantic Richfield Co. in 1996, and then transferred Acciones Colectivas de Sinaloa, A.C., an organisation that 62 supports collective action, have launched two class actions to BP in 1999. The site became operational in 2009, and final clearance for a massive production expansion was in Mexico on the impact of BP’s drilling disaster and the 63 two actions have now been combined into a single trial at a granted in 2016. Civil Federal Court in Mexico City. Those bringing the On its website, BP highlights that through its so-called action are seeking a judicial declaration that BP was ‘heritage companies’ it has had 45 years of operating history responsible for the contamination of waters in the states of in the country.64 But while the UN Guiding Principles on Tamaulipas, Veracruz, Tabasco, Campeche, Yucatán, and Business and Human Rights note that ‘for as long as [a Quintana Roo, and for BP to be required to repair damage human rights] abuse continues and the enterprise remains in caused to the community and compensate those affected. the relationship [with the entity perpetrating it], it should Class actions are rare in Mexico and were only introduced be able to demonstrate its own ongoing efforts to mitigate as a legal remedy in 2010, so little legal precedent has been the impact…of the continuing connection’, BP has demonstrated limited recognition of the specific political set. However, the journalist, Nina Lakhani, has noted that 65 ‘The law permits class actions to be brought by NGOs in and human rights situation in West Papua. cases of serious rights violations, such as in environmental disasters.’59 The OECD Guidelines for Multinational Committed to the Indonesian government Enterprises states that enterprises should ‘…engage in – and occupation? adequate and timely communication and consultation with According to the Free West Papua campaign ‘over 500,000 the communities directly affected by the environmental, civilians have been killed, and thousands more have been health and safety policies of the enterprise and by their raped, tortured and imprisoned’ in West Papua under implementation.’60 Some seven years on, BP has not Indonesia’s occupation. Several studies have highlighted that recognised its obligations to communities in Mexico who Indonesia may be involved in an ongoing campaign of were impacted by the Deepwater Horizon disaster. genocide against the West Papuans, and at the least, poses ‘serious threats to the survival of the Indigenous people’.

14 Bad Company: BP, human rights and corporate crimes West Papuan women paint their faces with the Morning Star flag before a freedom rally in Jayapura, 19 December 2016. Photo by West Papua National Committee (KNPB)

Foreign media and human rights groups are banned from There is a lack of independent scrutiny of the project in operating in West Papua and consequently, it is difficult to general, due to Indonesia’s ban on media visits. The only gain a full picture of the situation and fully assess the systematic monitoring of the site is performed by the BP- impacts – unintended or otherwise – that BP’s operations designed Tangguh Independent Advisory Project, which have.66 In the last year, Amnesty International has reported critics argue has internalised BP’s framing of the issue.72 that Papuan activists have been detained and Most independent studies of the project admit charged with ‘rebellion’ and ‘incitement’ for they rely disproportionately on BP and BP- 67 73 peaceful gatherings. Leader of the ‘BP have never influenced sources. Timika branch of the West Papuan recognised that they operate in the National Committee, Steven Itlay, middle of a genocide. They only call it a Close ties to a regime was released in February after ‘complex situation’. Is it complex that every routinely violating spending nearly a year in jail day my people are shot by Indonesian security for organising a Free West human rights 68 forces, that every day they are tortured? BP never Papua prayer gathering. More fundamentally, BP’s talks about human rights, never recognises how it operations necessitate A lack of scrutiny helps support an illegal occupation of Papuans' land. supporting and collaborating This British company has a responsibility to tell the with an Indonesian regime BP's operations have had truth about what is happening in West Papua – which routinely violates some negative impacts on the but they just want to make quick money.’ human rights. Although ‘very local communities. 650 local few comprehensive baseline people were involuntarily ~ Benny Wenda, West Papuan studies of killings by the relocated to make way for the Independence Leader Indonesian security forces have been Tangguh site.69 One academic visitor carried out in West Papua’74 – largely to the nearby village of Weriagar was because NGOs, UN special rapporteurs and informed by local Papuans that 48 babies in the international media are almost completely barred village had perished after Atlantic Richfield Co. had begun from the province75 – most observers place the number exploration, and was shown a list of names and directly killed by Indonesia at over 100,000.76 One scholar photographs.70 Although any link between the activities of estimates over 500,000 occupation-related deaths.77 the company and the deaths has not been proven, the Regular reports continue to come out implicating matter has not been independently investigated. At least one Indonesian security forces in torture (described as a ‘mode independent expert has questioned whether adequate use of of governance’ by Indonesia in one study),78 extrajudicial ‘free, prior and informed consent’ has been used by BP assassination, illegal arrests and other severe breaches of when making decisions which impact local Indigenous Indonesia’s obligations under the International Covenant on communities.71 Civil and Political Rights and the UN Convention Against To r t ur e . 79 cultureunstained.org 15 A resistance gathering in the West Papuan highlands. Photo by West Papua National Committee (KNPB)

BP operates an ‘Integrated Community Based Security Increased securitisation Programme’ (ICBS) at Tangguh, relying in the first instance The presence of the Tangguh project has acted as a magnet on locally-employed Papuan security guards, before calling for increased securitisation of the region. Indonesian on the police, and then the military. Although this gives BP Military (TNI) commander General Gatot Nurmantyo said some distance from the Indonesian security services, the in 2017: ‘We hope military personnel and military bases are company is still pushed into collaboration. BP gave US no longer concentrated around Java, but also in the border $69,000 in security-related payments to the Indonesian areas so that those [bases] help create new economic centers government in 2012.80 When the ICBS was being set up in and trigger development’.87 Mirroring this mantra, in 2006 2003, BP participated in a seminar in Jakarta with army and the Indonesian military constructed a new military base police security officers.81 Early on in the project, BP was near the BP site.88 A new military command area over West collaborating with Papua police chief Brigadier General Papua was created in recent months, headed by a two-star Dodi Sumantyawan,82 who was in charge of police general, something few areas of Indonesia of such operations in East Timor ahead of the referendum there in population size receive.89 In 2017, the TNI announced that 1999, when Indonesian-directed militias killed hundreds of it would build a new missile detachment in Bintuni Bay ‘to Timorese and decimated the country as they withdrew.83 secure vital state assets such as the oil and gas mines that are Papua expert Eban Kirksey also uncovered evidence located here’, according to the military district commander during field work that suggested the Indonesian military in the area.90 staged the killing of several Indonesian police officers near At its AGM this year, BP CEO Bob Dudley proudly said the Tangguh project in 2001 as John O’Reilly, then senior ‘I can’t imagine what that area [Tangguh] would be like vice president of BP, visited the site.84 False flag attacks are without our investments.’ BP is channelling 75% of the gas a well-documented tactic used by the Indonesian military in extracted from its new production expansion back into order to extort security contracts out of multinational Indonesia.91 Along with the tax revenues BP will provide to corporations.85 In response to the shooting, the Indonesian the Indonesian government, the project further entangles army initiated Operation Sweep and Crush, during which Jakarta’s interests with the maintenance of the occupation in ‘over 140 people were detained, tortured or otherwise ill- West Papua, and all the human rights abuses that entails. treated’, including seven extrajudicial executions, according to Amnesty International.86 Researcher at the University of Warwick’s Politics of Papua Project, Connor Woodman, kindly contributed the majority of the material in this section.

16 Bad Company: BP, human rights and corporate crimes Part 2 BP’s partners: the support that fuels oppression

The director of the National Portrait Gallery, • In 2006, BP reached a settlement with a group of Nicholas Cullinan, has said that ‘BP’s loyalty is Colombian farmers following their allegation that the unique’ and its sponsorship payments are ‘vital’. But construction of the Ocensa pipeline – in which BP played in Colombia, Algeria and Angola, BP’s loyalty lies a central role – had damaged the environment. with governments that violate human rights, with its • Questions have been raised about the extent to which BP benefitted from the human rights abuses perpetrated by concerning payments legitimising and backing their paramilitary groups along the pipeline. actions. The National Portrait Gallery 'reserves the right to reject offers of support that conflict with its objectives and values'. It is clear where BP’s true BP’s business loyalty lies, so will the gallery put its values first? BP started oil exploration and extraction in Colombia in the 1990s as part of an international consortium of oil a) In Colombia, BP made large payments to the Ministry of companies, after ‘discovering’ two of the largest oil fields in Defence, the army and the police in order to protect oil Latin American history: Cusiana and Cupiagua. To be able facilities. Multiple allegations have been made in the to transport the crude oil, the consortium had to construct years since about the extent of BP’s involvement in human the 450-mile (720km) Ocensa pipeline. In 2010, BP sold its rights violations. assets in Colombia for $1.9bn to help pay for the clean-up b) BP works in partnership with the state-owned oil of Deepwater Horizon oil spill and its devastating impacts.92 company in Algeria, a company tarnished by a corruption As the company exited Colombia, it left behind a long list scandal. Over the years, oil industry revenues have enabled of claims regarding serious human rights abuses and the repressive operations of the military and police. environmental destruction, as well as a community which Demonstrations remain banned in the capital city of continues to live in deep, extreme poverty. Algiers. c) While human rights defenders and journalists face Funding repression at the hands repression in Angola, BP and its partners have made of the Colombian government? questionable payments to Sonangol – the national oil BP, like other oil companies operating in Colombia at the company headed by the Angolan President’s daughter – time, paid a government tax of $1 a barrel to help finance for a research centre that has never been built. army and police protection of oil facilities. Journalists who investigated BP’s security provision found that in 1995, BP 2.a BP’s operations in Colombia agreed to provide $2.2m out of a contract with the Colombian Ministry of Defence worth $11.6m. Throughout BP’s time in Colombia it made a series of BP sold its assets in Colombia eight years ago payments to the Colombian army, the Ministry of Defence; following the Deepwater Horizon disaster in the as well as to Israeli security company, Silver Shadow and UK-based Defence Systems Limited to provide security to Gulf of Mexico. However, concerns remain today its installations in the region.93 about BP’s time in Colombia, its impacts on communities and the need for truth about any links The UN estimates that 3,000 trade union activists were murdered and 6,000 more were disappeared in the Casanare BP had to rights violations in the country: region over the last 30 years. Many of the victims were • During its time in Colombia, BP made payments to the unionists working in the oil industry, or social leaders in oil- Ministry of Defence, the Colombian Army and others in producing regions.94 However, their violent targeting by order to protect its oil facilities. government-linked paramilitaries went largely unnoticed outside Colombia because of the civil war raging between the Colombian state and the FARC armed forces.95

cultureunstained.org 17 Even though it has been well Gilberto’s lawyers argued that because established that BP benefitted from the BP held a 15.2% stake in Ocensa at the paramilitary violence that was being time and had close ties with the unleashed on rural populations during company, its failure to address concerns the time of its operations,96 it has been about human rights meant that it was more and more difficult to determine – liable for damages.101 However, in legal terms – the level of Gilberto was advised last year to responsibility of the company for these discontinue the case given its complex grave impacts.97 For the victims of such technical nature and that the heinous crimes the link couldn’t be ‘procedural and financial challenges clearer, it is a reality well known in were too great’. As Deighton Pierce Colombia: the economic interests of Gilberto Torres, who sued BP for its Glynn noted on their website, ‘there is big multinational extraction companies role in his kidnap and torture in no equality of access to justice between have always been accompanied by Colombia, speaks about his a multinational oil company and an violence. experiences in the British Museum. exiled trade unionist’.102 Photo: Kristian Buus In 2006, a group of Colombian The need for truth farmers began proceedings in the English In the last quarter BP made higher than expected profits of High Court against BP Exploration Company alleging that $1.51 billion. Meanwhile, according to Colombia’s National the Ocensa pipeline had damaged the local environment. Office of Statistics, in 2013 the rate of poverty for Casanare They alleged that while BP was not directly involved, it had surpassed 56%; rural communities experience rates of benefitted from the actions of paramilitary groups who were poverty reaching 77%. Only 19% of urban areas and 6% of guarding the pipeline. They farmers argued that, ‘the rural areas have access to sewage and clean water.98 There paramilitaries intimidated the local population, obstructed are also many areas of land affected by historic oil extraction farming and suppressed legitimate opposition to the 103 that are polluted or too dry to use for traditional farming.99 pipeline’. At this crucial moment in Colombia’s history – when it Following mediation, the two parties reached a settlement seeks to implement a historic peace agreement – truth is a in 2006 where BP ‘agreed to establish an Environmental and necessary condition for peace and for justice. The countless Social Improvement Trust Fund for the benefit of the victims of the armed and social conflict in Colombia need farmers’. However, the scale of the full agreement and its to know the truth about what happened to their families terms were not released. It was suggested that while it was and loved ones. This includes clarity on the involvement of not thought to be as high as the £15 million originally multinational companies in those violations and abuses; it sought by the farmers, that it ran to several million pounds. also requires, most importantly, a decisive effort to help re- In 2008, a separate group also brought a claim against BP build entire communities with adequate access to basic concerning damage caused to their land by the construction services and fulfilment of their economic and social needs. of the Ocensa pipeline. The trial, which began in 2014, was subsequently dismissed last year in the UK High Court, Legal claims and allegations against BP after it was ruled that there was insufficient evidence. In 2012, the law firm Deighton Pierce Glynn, ‘filed a damages claim case in the High Court which included a The material in this section was kindly provided by Sebastian claim for false imprisonment, torture and assault against BP Ordoñez Muñoz, Senior International Programmes Officer at War on Want and part of the Oil Justice Project. and 6 other oil companies registered in the UK’.100 The central allegation in that case was made by Colombian trade The Oil Justice Project, an initiative organised by War on Want, Deighton Pierce Glynn and the Colombian NGO unionist, Gilberto Torres, regarding his kidnap, torture and COS-PACC, seeks to amplify the voices of communities imprisonment for 42 days by a paramilitary group in the affected by Big Oil in Colombia who are searching for justice Casanare region. Evidence suggested that Ocensa, the for human rights abuses and environmental destruction to company behind a controversial pipeline that Torres and his their territories. It does this through raising awareness about union colleagues had raised concerns about, had been historic and ongoing human rights abuses; supporting involved in the commissioning of his kidnapping. bottom-up community empowerment projects which re- build the social fabric of communities; and engaging in strategic litigation against Big Oil companies at the national and international level.

18 Bad Company: BP, human rights and corporate crimes 2.b BP in Algeria

During BP’s long history in Algeria, a brutal civil war took place, human rights have been repeatedly violated and today, all public demonstrations in the capital of Algiers are banned. Despite this, BP continues to: • Work in close partnership with the state-owned oil and gas company Sonatrach, a company dogged by corruption scandals and dodgy deals. • Disregard widespread restrictions on human rights, Algeria Solidarity Campaign protest BP support for including the detention of those who raise concerns about Algerian government. Photo by Martin Lesanto-Smith. Sonatrach and the oil and gas sector. • Provide revenues to the Algerian government which supports the funding of the country’s military and police During the 1990s, Algeria was impacted by a brutal civil war apparatus. where, according to official figures, up to 200,000 people were killed and thousands were forcibly disappeared. Of BP’s business particular concern to human rights groups has been the Algeria has the largest proven natural gas reserves in Africa subsequent implementation of the ‘Charter for Peace and and they are the focus of BP’s operations. With its partners National Reconciliation’ in 2006, presented as a response to Statoil and the Algerian state-owned oil company, the atrocities of the civil war. In a statement made by Sonatrach,104 BP is involved in extraction at the In Salah Amnesty International last year, it gave this damning and In Amenas gas developments. As part of the Algerian assessment of its impacts: regime’s attempts to entice potential investors in the 1990s, ‘In flagrant disregard to international human rights the government created a special exclusion zone around the law, the decree broadened previous partial amnesties oil and gas fields in the south, and saw BP finalise a contract for members of armed groups adopted in 1999-2000, worth $3 billion in 1995 to exploit gas deposits at In Salah provided security forces and state-armed militia with for the subsequent 30 years.105 BP has previously boasted blanket immunity from prosecution and allowed for about being one of the largest foreign investors in the the imprisonment of any individual criticizing the country.106 conduct of security forces. It compelled families of Rights violations at the hands victims of enforced disappearance to obtain death certificates in order to receive financial compensation of the Algerian government and imposed a time limit of one year from its date of Human rights are widely restricted and violated across adoption to lodge a compensation claim.’ 108 Algeria, with limits placed on freedom of expression and In 2011, following a wave of protest across the region, the freedom of assembly, and peaceful critics of the government Algerian government lifted a state of emergency that had and human rights defenders being subjected to unfair trials. been in place since 1992. However, in its report ‘The Prior authorisation is required to hold public gatherings and Lifting of the State of Emergency: A Game of Smoke and a ban on all demonstrations in the capital of Algiers – Mirrors’, the Euro-Mediterranean Human Rights Network adopted in 2011 – remains in place. noted that: Amnesty International has highlighted that in the last year: ‘Police harassment of activists, the banning of protests ‘The authorities continued to block access to Algeria by and public meetings without justification and the use of UN human rights mechanisms, including those with abusive administrative practices to hinder the mandates on torture and other ill-treatment, counter- establishment of associations remain commonly used terrorism, enforced disappearance and freedoms of tactics to undermine civil society and constrain its association and peaceful assembly. The authorities also activities.’ 109 continued to prevent international organizations, including Amnesty International, from conducting human rights fact-finding visits.’ 107 cultureunstained.org 19 Profiting from repression? 2.c BP in Angola BP’s production partner in Algeria, the state-owned Sonatrach, is a company that has been dogged by scandals and corruption, with its chief executive and many of its In Angola, human rights defenders, journalists and senior management being dismissed following a corruption opposition voices risk repression, criminal charges probe in 2011. Chakib Khelil, then Energy Minister, was and politically motivated trials. But BP has chosen forced to resign over his connection and subsequently to: moved to the US, placing him out of reach of an • Work in close partnership with the Angolan international warrant for his arrest that has since elapsed.110 government and state oil company, Sonangol – headed by Six other individuals were jailed. Last year, a court case that the President’s daughter, Isabel dos Santos. arose from the scandal saw six other individuals jailed, including a former vice-president of Sonatrach. The • Make questionable payments to Sonangol for a company’s former chief executive, Mohamed Meziane, mysterious research centre which – after six years – has received a five-year suspended sentence.111 still not been built. • Secure licenses to pursue high risk ultra-deepwater drilling While BP was not implicated in the scandal, it continued and make plans for long-term fossil fuel extraction and to work with Sonatrach while the controversy surrounding production on the African continent. Khelil unfolded. With regard to human rights, BP continues to operate in an environment where criticism directed against the oil industry or demonstrations against BP’s business its practices are met with force and repression. In May last year, prominent activist Tahar Belabes and three other BP has been present in Angola for the past 25 years, members of the National Committee for the Defence of the acquiring interests in four deepwater drilling blocks in the Rights of the Unemployed (CNDDC) were arrested and 1990s. In 2011 – the year after the Deepwater Horizon charged for taking part in ‘unarmed gatherings’ where they disaster – the company acquired five new deepwater and called for oil and gas companies, including Sonatrach, to ultra-deepwater drilling blocks in the Kwanza and Benguela employ more Algerians from the south of the country. basins. These acquisitions made Angola, in BP’s words, ‘one Belabes was later sentenced to two months in prison.112 of the most important assets in BP’s exploration and production portfolio.’ 114 While BP does not ‘see it as our task to take a political action’, the company would likely have been aware that Nepotism, oil and human rights revenues drawn from the oil industry, on top of the contracts secured with BP and others in the 1990s, have Amnesty International has noted that over the past year significantly underpinned Algeria’s increased defence ‘Politically motivated trials, criminal defamation charges and military spending. As Algerian campaigner and national security laws continued to be used to and researcher Hamza Hamouchene suppress human rights defenders, dissent and ‘The oil and 115 highlights in ‘Reinforcing Dictatorships: other critical voices.’ In November, the Britain’s Gas Grab and Human Rights gas revenues enabled National Assembly also approved a series of Abuses in Algeria’: heavy militarisation and bills that will further restrict freedom of the operations of the expression. ‘These contracts undoubtedly bolstered repressive police and And while demonstrations do not the regime as it exerted systematic intelligence violence across the country and at a time require prior authorisation in Angola, the apparatus.’ authorities have often refused to allow them of international isolation. Tied to Algeria to take place, or the police arbitrarily arrest and through huge investments, these companies detain participants. In July 2016, the UN Committee and the EU had a clear interest in making sure that the on Economic, Social and Cultural rights noted its concern repressive regime did not go under. The oil and gas ‘that human rights defenders, including those working on revenues enabled heavy militarisation and the economic, social and cultural rights, as well as journalists, operations of the repressive police and intelligence operate under restrictive conditions,’ and also that the state apparatus.’ 113 ‘does not recognize indigenous peoples living in its territory’.116

20 Bad Company: BP, human rights and corporate crimes Drillship used by BP in Angola and currently Egypt. Photo (cc) CellsDeDells

With the global slump in the oil price, Angola has opted Alleged corruption and ties to cut back its budget and pursue damaging austerity to the Angolan regime measures. Last year, Angola entered talks with the International Monetary Fund (IMF) about a potential In 2014, anti-corruption organisation Global Witness drew bailout but stalled in September and, it is believed, lead to attention to payments of $350 million made by BP and its the President’s decision to fire the finance minister. It has partners to Sonangol.120 As part of the production-sharing been suggested that the conditions of the IMF’s ‘Extended contract signed in 2011, it was agreed that BP and its Fund Facility’ would have been unpopular for the President, partners would make annual instalments towards the with the prospect of elections in 2017. They included the ‘Sonangol Research and Technology Centre’ (SRTC). requirement to implement greater transparency for state- When asked in 2014, neither BP nor its partner, Cobalt, owned companies, such as the national oil company were able to confirm that the SRTC existed. BP stated at 117 Sonangol. the time that ‘Sonangol has informed BP that the SRTC is President José Eduardo – who has been President of still in planning stage’.121 Three years on, the situation Angola since 1979 – appointed his daughter Isabel dos appears unchanged, with BP telling the Financial Times in Santos as the head of Sonangol in June 2016.118 Isabel dos an article published on the 15th March this year ‘We Santos is the richest woman in Africa and research understand from Sonangol that the [research centre] is still conducted by Forbes revealed that President José Eduardo in the planning stage.’122 This latest statement by BP was has transferred several stakes in Angolan companies to his prompted by the news that the US stock market watchdog, daughter. In October 2015, four members of the European the Securities and Exchange Commission, had ‘initiated an Parliament publicly questioned the legality of her informal inquiry’ into the payments made by Cobalt and investments in Portugal, and called for an investigation.119 whether they violated anti-corruption laws.

cultureunstained.org 21 The OECD Guidelines for Multinational Enterprises note that ‘Enterprises should ensure Part 3 that timely and accurate information is disclosed on all material matters regarding their activities, BP’s actions: the human structure, financial situation, performance, ownership and governance.’123 When it comes cost of cover-ups and to BP’s business in Angola, there are legitimate questions about BP’s commitment to this corporate crime principle. The American Petroleum Institute, of which The National Portrait Gallery reserves the right to reject an BP is a member, has previously lobbied to offer of support ‘where support is known or suspected to weaken the rules relating to the disclosure of derive from the proceeds of crime’. While BP’s support may payment details in countries such as Angola. Just not derive directly from the proceeds of crime, the extent of last year, the Norwegian state-owned oil company Statoil was asked by the Norwegian its corporate criminality – particularly in relation to the white-collar crimes unit to provide details of a Deepwater Horizon disaster – exposes a company that will $49.8 million payment that it had made towards flout the law and play fast and loose with its safety standards the research centre. In a letter to Norway’s Oil in the pursuit of profit. Should the gallery retain a sponsor Ministry, Statoil stated that: ‘The payments...do that has so recently been subject to record-breaking criminal not violate relevant anti-corruption legislation. judgements and fines? This is not altered by the fact that there is little available information regarding the progress in a) Following the Deepwater Horizon disaster, BP pled guilty to setting up the research and technology centre.’124 14 criminal charges and was found guilty of ‘gross negligence’ and ‘wilful misconduct’. The impacts on livelihoods, health and Angola’s oil contracts require companies such ecosystems are still being felt today. BP admitted lying to the as BP to help fund social projects in the country. US House of Representatives, and attempted to privately In this case though, the corporate social influence independent research into the spill. responsibility agenda of BP and its partners in Angola may not be all they appear to be. The b) In 2008, BP attempted to cover up a gas blowout in the National Portrait Gallery’s Research Guidance Caspian Sea prompting the ‘largest such emergency which accompanies its Ethical Fundraising evacuation in BP’s history’. A pattern of major incidents and Policy poses the following questions: poor safety continues today, at refineries and drill sites, with the rights of communities and workers put at risk. Does the company generally have a good reputation in relation to corporate social responsibility (CSR)? Do they demonstrate 3.a BP’s Gulf of Mexico oil spill a commitment to instituting and / or improving their CSR? The environmental impacts of BP’s Deepwater Horizon In this setting, questions surround the genuine disaster, where 11 rig workers lost their lives and 3.19 million purpose of BP’s CSR in Angola. barrels of oil were spilled into the Gulf of Mexico, have been widely documented.125 But BP’s actions, both before and after the spill, likely exacerbated its impact. They include: Cutting costs and cutting corners led to • Providing false and misleading information to the US House of BP being found guilty of Representatives about the rate oil was flowing into the Gulf of ‘gross negligence’ and ‘wilful Mexico. misconduct’ over the spill • Attempting to influence and interfere in independent scientific and paying the largest research on the spill, research that could theoretically be cited as environmental fine in evidence at a later date. US history • Cutting costs and cutting corners, leading to BP being found guilty of ‘gross negligence’ and ‘wilful misconduct’ over the spill and paying the largest environmental fine in US history

22 Bad Company: BP, human rights and corporate crimes Deepwater Horizon drilling rig on fire in the Gulf of Mexico. Photo (cc)US Coast Guard

BP in the Gulf of Mexico The impact of the Deepwater Horizon spill On the 20th April 2010, a loss of control of pressure in the The Museums Association outlines on its website that Macondo deepwater well caused hydrocarbons to rise up to museums and galleries need to ‘conduct thorough and well the Deepater Horizon rig where they were then able to documented research to demonstrate that they have ignite causing a series of explosions. A ‘blowout preventer’ understood the nature of the company’s business, and any that should have sealed the well in such a situation failed to claims made against it’ before entering into a sponsorship engage. The rig sank two days later but the well leaked 3.19 deal.127 While many aspects of the Gulf of Mexico spill are million barrels of oil into the Gulf of Mexico over the relevant for an organisation considering the ethical course of the following 87 days. 11 rig workers were killed. implications of sponsorship from BP, what follows are specific areas that should have been investigated by the Under a settlement agreed in 2012, BP pled guilty to: National Portrait Gallery on the basis of its Ethical • 11 felony counts of misconduct or neglect related to the Fundraising Policy, which include the scale of BP’s deaths in the explosion. corporate criminality, the company’s values as revealed in its • 1 misdemeanour violation of the Clean Water Act. attempts to mislead others and obscure the facts, and crucially, the spill’s human rights impacts. • 1 misdemeanour violation of the Migratory Bird Treaty Act. BP’s attempts to undermine legal process • 1 felony count of obstruction of Congress over its The ‘UN Guiding Principles on Business and Human statements about the flow rate.126 Rights’ state that: Business enterprises should not undermine States’ BP subsequently agreed to pay a record $18.7 billion in fines in relation to the spill, the largest corporate settlement abilities to meet their own human rights obligations, in US history. In 2014, Judge Carl Barbier ruled that BP’s including by actions that might weaken the integrity of 128 ‘gross negligence’ and ‘wilful misconduct’ had led to the judicial processes. Gulf of Mexico spill.

cultureunstained.org 23 In 2010, BP subpoenaed thousands of confidential emails BP’s failure to act relating to the Gulf of Mexico spill from two scientists and its impact on livelihoods involved in researching and assessing the impacts of the disaster. They wrote at the time: In the UN Guiding Principles on Business and Human Rights, it states that: ‘BP claimed that it needed to better understand our findings because billions of dollars in fines are Where a business enterprise causes or may cause an potentially at stake. So we produced more than 50,000 adverse human rights impact, it should take the 133 pages of documents, raw data, reports, and algorithms necessary steps to cease or prevent the impact. used in our research — everything BP would need to During criminal proceedings, lawyers for the plaintiffs – analyse and confirm our findings. But BP still which included people affected by the spill, the U.S. demanded access to our private communications. Our government and Gulf Coast states – argued that BP ‘could concern is not simply invasion of privacy, but the have capped the well sooner if it had not ignored warnings erosion of the scientific deliberative process.’ 129 about a possible blowout.’134 Throughout the litigation there were multiple instances of vital information being Further to this, misrepresented. In one case, Anthony Badalamenti, a former documents manager for Halliburton Energy Services Inc. and BP’s obtained under cement contractor on the rig, was sentenced to one year's the Freedom of probation for destroying evidence in the aftermath of the Information Act spill.135 Mention somewhere the Gross Negligence in 2011 revealed judgement. how BP’s staff had openly discussed A study undertaken in 2010 anticipated that the effects of how to influence the oil spill on travel and tourism in the Gulf Coast region independent could last up to three years and cost up to up to $22.7 136 research into the billion. In 2012, it was estimated that the total economic impacts of the damage to fishing-dependent industries could cost $8.7 spill.130 Such billion and around 22,000 jobs over the subsequent seven Tony Hayward, BP CEO, testifies before years.137 research would the US House Energy and Commerce have provided Committee on 17th June 2010. Photo In the aftermath of the spill, BP’s then CEO, Tony crucial (cc) David Sims, US House of Hayward, was widely criticised for the insensitivity of his information and Representatives remarks in a number of interviews and statements, at one insight in relation time suggesting the spill was ‘relatively tiny’. On 31st May to clean up and potentially played a part in any subsequent 2010, he gave his now infamous non-apology to those litigation against the company. impacted by the Deepwater Horizon disaster: ‘We’re sorry During the second phase of the trial, internal emails were for the massive disruption it’s caused their lives. There’s no- presented in court that appeared to show how BP had one who would like their life back more than me. I’d like my 138 misrepresented the scale of the spill by lying about the flow life back.’ Hayward bowed to pressure to resign on the rate.131 The International Business Times reported 27th July 2010 over his handling of the disaster and that ‘BP was aware of the actual amount of a string of public relations ‘gaffes’. Despite this, leakage of about 100,000 barrels of oil per day, ‘There’s BP’s Board of Directors agreed a multi-million 139 much higher than the publicly-disclosed no- one who would pound severance package for Hayward. 5,000 barrels per day.’ The UN Guiding like their life back more BP’s ongoing impacts on Gulf Coast Principles on Business and Human Rights than me.’ residents' lives, livelihoods and, arguably, the notes that ‘Where a business enterprise ~ Tony Hayward, BP right to work, should have been fully causes or may cause an adverse human rights CEO documented as part of the National Portrait impact, it should take the necessary steps to Gallery’s process of due diligence on its proposed 132 cease or prevent the impact.’ When it came to partner. Crucially though, the gallery should have the Gulf of Mexico spill, BP took the necessary steps to taken into account the company’s failure to act honestly and reduce the risk to its reputation, actions that may potentially respectfully in the aftermath of the spill, decisions that have delayed or hindered steps to cease or reduce its impact could arguably have exacerbated the impacts of the spill. on ecosystems, communities and the health of individuals.

24 Bad Company: BP, human rights and corporate crimes Record-breaking litigation against BP Minutes from trustee meetings at the time noted that they discussed ‘the differences between wider public opinion and The National Portrait Gallery’s ‘Research Guidance’ for that of environmentalists,’ and also ‘the need to keep in assessing potential donors poses the following question: unison with other arts organisations,’ but not the company's Is there any past, recent, current or planned litigation actual impacts on the environment and Gulf Coast against the company? 140 communities. Following high profile and protracted The Research Guidance that accompanies the National Portrait Gallery’s Ethical litigation against the company, BP agreed ‘BP admitted Fundraising Policy poses the question to a record settlement of $18.7 billion that…it withheld over the Deepwater Horizon disaster, ‘Has there been any adverse publicity documents and provided a figure that subsequently rose to about the company in the press or false and misleading information $20.8 billion following further media recently or in the less recent adjustments. This was ‘the largest in response to the House of past (in the UK and/ or 144 [settlement] ever reached by the Representatives’ request overseas)?’ In October 2010, the [US] Department of Justice with a for information on how quickly gallery’s trustees merely noted that single entity’.141 As part of that oil was flowing.’ there had been ‘adverse publicity around BP’, but just four months later settlement, BP agreed to pay a record ~ The New York Times $5.5 billion for violations of the US – and less than a year after the November 15th, 2012 Clean Water Act. explosion that caused the spill – the trustees decided that they ‘were not adverse Various criminal charges were also brought [sic] to continuing the partnership since BP had against BP and individual members of its staff. In been a very good sponsor’, providing the company with November 2012, BP agreed to pay a $4.5 billion in other much-needed social legitimacy at a time when it was subject fines and pled guilty to 14 criminal charges, including 11 145 to legal scrutiny. felony counts of misconduct or neglect related to the deaths caused by the rig explosion. BP also admitted that, through The gallery and other BP-sponsored arts organisations its former Vice President David Rainey, it had ‘withheld need to not just take steps to protect their reputations but documents and provided false and misleading information take full account of the proposed sponsor’s conduct as a in response to the [US] House of Representatives’ request business. for information on how quickly oil was flowing’. Put another way, BP knowingly lied to a national legislative Charges and settlements versus body.142 ‘rumours or allegations’ ‘As part of its plea agreement, BP admitted that…it The National Portrait Gallery’s ‘Research Guidance’ makes withheld documents and provided false and misleading clear that, when it comes to evaluating the ethical standards information in response to the House of of a potential donor ‘unsubstantiated rumours or allegations Representatives’ request for information on how quickly will not necessarily prevent acceptance of support.’ oil was flowing.’ - The New York Times, November However, the legal proceedings against BP following its 15th, 2012 Deepwater Horizon disaster have broken records, spanned both criminal and civil law, and seen BP plead guilty to The National Portrait Gallery: multiple criminal charges. BP's gross negligence arguably now provides the yardstick against which all future Proud of ‘an ongoing partnership’ corporate litigation will be measured. ‘We are extremely grateful for and proud of this If the National Portrait Gallery had followed both the ongoing partnership, for such longevity and loyalty is letter and spirit of its Ethical Fundraising Policy and unique in corporate sponsorship.’ Research Guidance in 2016, it would have been clear that - Nicholas Cullinan, Director of the NPG 143 BP’s values are not in alignment with the gallery’s own. The gallery’s senior management and its trustees would have When the trustees of the National Portrait Gallery been able to evaluate the substance of the extensive expressed concern about BP’s sponsorship of the gallery litigation against BP at that point, as well as the company’s following the Gulf of Mexico oil spill in 2010, they focussed conduct throughout that process and based its decision on upon perceptions of BP rather that the substance of the these more objective measures of BP’s ethical standards as a claims that were being made against the company. company. cultureunstained.org 25 3.b Falling short: impacts BP’s Saltend Plant in Hull on workers and communities and UK City of Culture The internal report revealed how ‘inaccurate and As we have shown, BP collaborates with, supports incomplete drawings and procedures’ had led to a and legitimises many regimes and governments potentially fatal incident at BP’s Hull chemical plant. The around the world that violate human rights. But site at Saltend is on the banks of the Humber, just a few hundred metres from residential housing. In addition to the BP’s abysmal safety record also requires close hi po incident, the incorrect operation of some equipment scrutiny. When BP falls short on safety and led to the company incurring costs of $35m - $45m.152 BP dangerous incidents occur, workers and Chemicals claims on its website that, ‘Safety is an overriding communities feel the impacts while bosses play them priority and fundamental value for everyone who works for down in an attempt to contain any damage to the BP Chemicals [at Saltend]. The dedicated team is company’s public image. responsible for providing excellent safety performance as part of a continuous improvement While these impacts are different in nature to programme…’153 But tellingly, the leaked the human rights violations highlighted There’s report noted that, ‘Information elsewhere in this report, they should not be persistent evidence management is seen as important but not a seen as detached and separate. The that BP is not paying clear priority currently.’154 Universal Declaration of Human Rights sufficient attention to these notes that ‘everyone has the right to This year, BP is a major corporate critical safety measures - work…to just and favourable conditions of sponsor of ‘Hull 2017 – UK City of 13th December work,’ and ‘everyone has the right to a Culture’. As part of its involvement, the standard of living adequate for the health and 2016 company is hosting a series of ‘BP Cultural well-being of [them]self and of [their] family.’146 Visions’ lectures, in partnership with the In addition, the OECD expects companies like BP ‘to University of Hull, providing it with a platform to follow prevailing regulatory standards and industry norms promote its partnerships with high-profile arts institutions to minimise the risk of accidents and injury to health arising across the UK. This opportunity to boost its brand, both in out of, linked with, or occurring in, the course of the region and nationally, has come at an extremely valuable employment.’ time for the company considering the recent near miss at Saltend. We have already considered the Deepwater Horizon spill, but below are the disturbing statistics behind two other major safety incidents that have taken place since 2005. In BP’s Whiting Refinery and each case, BP has either failed to learn the lessons from its the demolition of Marktown mistakes or actively attempted to mislead or conceal The most serious ‘near miss’ highlighted in the leaked safety information about the events that occurred. What then report was recorded at BP’s Whiting Refinery in Indiana in follows are the details of some of BP’s more recent ‘near 2014. The large-scale refinery processes oil from Alberta, misses’, signs that the company is continuing to put workers Canada’s controversial tar sands mines. Tar sands crude is and communities at risk. one of the most carbon-intensive fossil fuels in production, and its deposits and infrastructure are situated on A catalogue of recent failings Indigenous peoples’ lands, where there is growing In December last year, an internal BP safety report seen by opposition to the highly destructive and polluting the FT outlined a series of serious shortcomings on the extraction process. company’s safety standards since Deepwater Horizon, as But the incident highlighted in BP’s internal report was well as giving details of a number of ‘high potential’ or ‘high not a one-off. Later that year, 1,638 gallons of oil were po’ incidents. These high po incidents are generally spilled from the Whiting Refinery into Lake Michigan, considered to be a ‘near miss’ where ‘on another day, it is according to BP’s own estimate. Lake Michigan is the source 150 likely that lives would have been lost.’ Speaking to the of drinking water for seven million people living in Chicago Financial Times, marine engineering expert Professor and its suburbs. Robert Bea from the University of California, Berkeley, asserted that ‘There’s persistent evidence that BP is not paying sufficient attention to these critical safety measures.’151

26 Bad Company: BP, human rights and corporate crimes Two major incidents by numbers

US Embassy Wire gives details of BP gas platform blowout in Caspian Sea. Text from Wikileaks, via Chelsea Manning

The Texas City Refinery Explosion A major gas blowout on BP’s platform in the Caspian Sea

What? At BP’s Texas City Refinery, a large What? A blowout akin to the Deepwater Horizon explosion hydrocarbon vapour cloud which originated occurred on one of BP’s platforms in the Azeri-Chirag-Ganesh from ‘liquid overflow’ in one of its refining [ACG] gas field in the Caspian Sea, which is around 120 towers, ignited and caused a large explosion. kilometres off the coast of Azerbaijan. When? 23rd March 2005 When? September 2008 How many killed? 15 How many evacuated? 212 workers How many injured? Over 170 Why have I not heard about it? The incident was little reported Any fines? BP initially paid $21.3 million in at the time – the full picture was revealed later with the release of fines to the Occupational Safety and Health US Embassy cables in 2010 by Wikileaks. One cable noted that Administration (OSHA) in the US BP had been ‘exceptionally circumspect in disseminating information about the ACG gas leak, both to the public and to Any crimes or litigation? In 2006, BP had set its ACG partners.’ aside $1.6 billion to settle claims arising from the disaster.147 But in October 2009, OSHA The blowout took place just 18 months before the blowout at the announced that it was additionally fining BP Macondo well which led to the Gulf of Mexico disaster. At the $87.4 million relating to 270 notifications that time, BP misled the US House of Representatives over the flow- had been issued to the company for ‘failure to rate of the Gulf spill. BP’s response was arguably a mirroring of correct hazards’ and because it had also its response to the blowout in the Caspian Sea. A further US identified 439 new ‘wilful violations’ by BP in Embassy cable had noted that ‘At least some of BP's ACG its operation of the refinery.148 BP sold the partners are similarly upset with BP's performance in this refinery in 2012 for $2.5 billion in order to episode, as they claim BP has sought to limit information flow 149 contribute to costs arising from the Deepwater about this event even to its ACG partners.’ Horizon disaster. cultureunstained.org 27 BP Refinery in Whiting, Indiana, USA, 2015. Photo by Terry Evans

In August 2015, the refinery was also shut down when, BP’s Spills in Prudhoe Bay reportedly, holes were found in the distillation unit’s piping, Incidents caused by BP’s poor safety standards are not posing a fire risk. Almost exactly a year later, five times more isolated and, taken as a whole, reflect a concerning attitude ‘total suspended solids of industrial waste’ were discharged to the conditions workers and communities are faced with. into Lake Michigan than is officially allowed after an ‘upset’ As recently as April this year, a BP well on Alaska’s North at the refinery’s wastewater treatment plants.155 Slope began spraying crude oil and then once it had been As recently as April this year, four workers were taken to stopped, took several days before the ‘uncontrolled venting hospital after an incident at a power distribution centre in of natural gas’ was brought under control.160 the refinery. The NWI Times noted that the injuries ‘took While BP’s Gulf of Mexico spill is the most explicit case of place on Worker's Memorial Day, when hundreds of local BP’s criminal negligence, the company’s criminality in USW chapters [United Steel Workers] across the country relation to such incidents is not isolated. In March were calling for improvements in workplace 2006, a corroded BP pipeline was the cause of safety.’156 Last November, BP announced that the largest oil spill recorded on Alaska’s it would be making around 80 workers at A federal North Slope – which initially went the refinery redundant – the first layoffs in investigation concluded undetected for days – and where up to 1 17 years.157 BP failed to adequately million litres of crude oil were spilled In recent years, BP has faced multiple maintain the pipelines and into the Arctic Ocean at Prudhoe Bay.161 legal complaints over its activity at blamed a cost-cutting The following year, BP pled guilty to Whiting, including a settlement to address mentality at the company having violated the US Clean Water Act, chronic pollution issues in 2012 and fines for the incidents. was placed on probation for three years and from the Environmental Protection Agency fined $20 million – a settlement that also over the 2014 spill into Lake Michigan.158 The included another corrosion-related spill that had impacts of that pollution – but also BP’s $3.8 billion taken place just five months later.162 A lawsuit in expansion in order to process Canadian tar sands oil – have 2012 saw BP agree to pay part of a $255 million settlement been keenly felt in the neighbouring worker community of alongside its production partners to the State of Alaska in Marktown. The historic town, which is 100-years old this relation to the Prudhoe Bay spills. As Reuters reported at year, has seen BP undertake a systematic process of buying the time, ‘a federal investigation concluded BP failed to up and demolishing properties, allowing space for the adequately maintain the pipelines and blamed a cost-cutting sprawling refinery to expand further.159 mentality at the company for the incidents.’163

28 Bad Company: BP, human rights and corporate crimes Cutbacks, safety and strikes ‘In line with the BP Group’s focus on improving in Trinidad & Tobago efficiency and reducing costs, BP Trinidad and Tobago (bpTT) announced plans to seek further cost efficiencies Looking back on both the Texas City Refinery explosion in our business in 2016. This plan will include a and the Deepwater Horizon disaster, many commentators review of 3rd party costs, activity prioritisation, process and the families of victims have pointed to a culture of poor simplification and organisational structure… safety standards that had developed at BP in the 1990s under CEO John Browne, driven by his Throughout this exercise our first priority will cost-cutting agenda.164 And while BP has remain the safety of our people and our ‘Working 165 sought to allay concerns about safety operations.’ conditions were poor, they since, claiming ‘safety is one of our But just two days later, the Trinidad and values and our number one priority’ in work for meagre wages and there had already Tobago news organisation Newsday its 2016 Sustainability Report, the reported that ‘scores of workers at been five electric shock incidents.’ evidence suggests the company's culture Trinidad Offshore Fabricators hasn't changed nearly enough. ~ Clyde Charles, workers’ (TOFCO) who are involved in the With the slump in oil prices and representative construction of bpTT’s Juniper accruing costs from Deepwater Horizon, platform’s topsides, downed tools over 166 BP Trinidad and Tobago (bpTT) made the health and safety issues.’ The Juniper following announcement on the 13th January project is bpTT’s first subsea project but is the 2016: sixth platform bpTT has manufactured in Trinidad & To b a g o . 167 A workers’ representative, Clyde Charles, told Newsday that working conditions were ‘poor’ at TOFCO, that they work for ‘meagre wages’ and that there had already been five electric shock incidents relating to the Juniper project.

cultureunstained.org 29 Part 4 Recommendations

The contents of this report make clear that the In order to restore public trust and protect their realities of BP's business practices do not align reputations, they should also: with the principles and values espoused by the • Convene dedicated ethics committees whose National Portrait Gallery, British Museum, Royal membership represents all levels of the institution’s Shakespeare Company and Royal Opera House. workforce, with the specific role of scrutinising Consequently, the decision to sign a new decisions and instances where significant ethical sponsorship deal with BP represents a high level of questions are raised. Such a committee should complement and support the role of trustees. risk and threatens to damage the reputations of these institutions and undermine the public’s trust • Revise relevant ethics policies in order that their implementation rests on objective assessment of specific in them. evidence over and above the perception of, or opinion In order to address these concerns, these four on, any controversy related to a sponsor. If no ethical organisations should undertake a review of the decision to fundraising policy or ethics policy with a specific clause sign a new sponsorship contract with BP. First there addressing sponsorship exists, one should be developed should be a process of due diligence which: as a matter of urgency. • Incorporate issues of sustainability, environmental • is thorough and well-documented; impact, climate change and climate justice into all • is proportionate to the scale of the proposed aspects of the institution’s work, from operational relationship with BP; decisions to fundraising. Environmental or • demonstrates that they have researched, assessed and sustainability policies/statements should be revised in understood the nature of BP’s business and the claims order to recognise that an institution’s environmental made against it; impact is not limited to its day-to-day operational • is based on independent information, sources and activity, and should be addressed holistically with ‘buy- accounts, not the company’s own; in’ from all levels of staff. • is made available to the public; and In conclusion, these cultural institutions need to be seen • takes full account of the evidence cited in this report to enforce existing policies, principles and guidelines, by and identifies a strategy for evaluating that evidence free undertaking what might be deemed ‘standard practice’ of any pre-existing bias or potential conflicts of interest. across the sector. But in a time of accelerating climate crisis – and in situations where human rights are in These cultural institutions, having fully understood the question – there is a need to go beyond standard practice. ethical conflicts presented by BP, should then terminate their existing relationships with the company. These cultural institutions have an opportunity to take a leading role, both in promoting the values they claim to already hold and in the transition to a fossil free culture.

30 Bad Company: BP, human rights and corporate crimes Appendices

Appendix 1 National Portrait Gallery Ethical Fundraising Policy (made public for the first time following a Freedom of Information Act request by Culture Unstained)

Introduction Founded in 1856, the aim of the National Portrait Gallery, London is ‘to promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture, and to promote the appreciation and understanding of portraiture in all media’. The National Portrait Gallery aims to be the foremost centre for the study of and research into portraiture, as well as making its work and activities of interest to as wide a range of visitors as possible.

Rationale for Fundraising Like other national museums, the Gallery is supported both by government and by a growing number of individuals, companies, trusts and foundations. The Gallery actively seeks private donations and sponsorships to support core activities, as well as exhibitions, projects, and acquisitions. In order to meet our current and future financial needs, it is recognised that the Gallery must be proactive and energetic in its approach to fundraising, seeking supporters of all kinds not only from within the UK but also internationally. The Gallery aims to ensure that its fundraising activities are conducted with integrity, openness, respect and accountability. We have a responsibility to ensure donations are not accepted from questionable or inappropriate sources. We also have a responsibility to our current and prospective supporters, ensuring that their trust is not violated.

Fundraising Practices The Gallery aims to be highly regarded by its supporters and to adhere to best practice in the solicitation and stewardship of supporters of all kinds. In particular, the Gallery will ensure that:

• All fundraising solicitations are truthful and accurately describe the Gallery’s activities and the intended use of donated funds. • All those involved in the solicitation of funds, including volunteers, act with fairness, integrity, and in accordance with all applicable laws. • Requests by current or prospective supporters to limit or cease solicitation or contact are respected and addressed promptly. • Particular care and sensitivity will be shown in relation to legacies. Whilst it is ultimately the supporter’s responsibility to consider the impact of any proposed gift on their family members, the Gallery will encourage prospective supporters to consider such implications and to seek independent advice.

cultureunstained.org 31 • No inappropriate benefit is secured in return for a gift. • Its fundraising activities meet the provisions of the Bribery Act and other relevant legislation intended to protect against bribery in respect of donations. • Supporters’ requests to remain anonymous will be respected as far as is legally, practically, and ethically possible. • The privacy of supporters and prospective supporters is respected. Any supporter records that are maintained by the Gallery’s Development Team will be kept confidential to the greatest extent possible. Records will not be shared within the Gallery nor with any third party. • Requests from supporters and legators to allocate their donations to specific areas of Gallery activity are adhered to, wherever possible and appropriate. If necessary due to programme or organisational changes, alternative uses will be discussed where possible with the supporter or the supporter’s legal representative. If the supporter is deceased or lacks mental capacity, and the Gallery is unable to contact a legal representative, the donation will be used in a manner that is as consistent as possible with the supporter’s original intent. • Any complaints by supporters or prospective supporters are addressed promptly. A designated member of the Development Team will attempt to satisfy the complainant’s concerns in the first instance. A complainant who remains dissatisfied may request in writing a review of their complaint by the Deputy Director, and will be advised of the outcome of this review. • The Director will be informed at least annually of the number, type, and disposition of complaints received from supporters or prospective supporters about matters that are addressed in this code. • The cost effectiveness of the Gallery’s fundraising programme will be regularly reviewed by the Senior Management Team and trustees. • Supporters and prospective supporters are entitled to the following, promptly upon request: • the most recent annual report and financial statements; • confirmation of the exempt charitable status of the Gallery; • a copy of this policy. Unacceptable Sources of Funding The Gallery considers each gift and sponsorship carefully, and recognises that there may be occasions when it would not be in the Gallery’s best interests to accept funding. The Gallery reserves the right to reject offers of support that meet any of the following criteria:

• Where support is known or suspected to derive from the proceeds of crime. • Where money laundering is suspected. • Where the supporting source is known or suspected to be closely associated with a regime known or suspected to be in violation of human rights. • Where support would impinge on the artistic or academic freedom of the Gallery or would otherwise compromise its status as an independent institution. • Where support would jeopardise existing and future relationships with other supporters and/or partners. • Where support is deemed to be in any other way in conflict with the objectives and values of the Gallery. • Where insufficient information can be found about the identity, source of wealth, business interests or reputation of the donor. • Unsubstantiated rumours or allegations will not necessarily prevent acceptance of support. However, the Gallery is mindful of the risk involved in accepting support or continuing negotiations which may cause significant potential damage to the Gallery’s reputation.

32 Bad Company: BP, human rights and corporate crimes • The Gallery recognises the risks of accepting gifts without provenance. A truly anonymous donation, where the Gallery is only able to deal with an intermediary who will not identify the donor, consequently cannot be accepted. • Where the Gallery offers to name a building, room, post or other aspect of its activity in recognition of a particular supporter or gift, the Gallery reserves the right to withdraw such named recognition should it subsequently become apparent that there are significant reputational or ethical risks in maintaining such recognition as outlined above. Risk Assessment The Gallery will undertake an initial risk assessment in relation to all prospective sponsors, partners, trusts, foundations, Portrait Circle members and other individuals proposing to make donations of £10,000 and above. An initial screening will be undertaken by the relevant member of the Galley’s Development Team in accordance with an agreed checklist as devised and agreed by the Development Team, Deputy Director and Director. Publically available information will be reviewed with a particular focus on any activities which may be the source of ethical risk for the Gallery as outlined above. This screening will take place at the earliest possible stage and, ideally, prospective supporters will have been subject to a thorough review before discussions about possible gifts or sponsorships take place. Should a prospective supporter be deemed to pose a possible risk, they will be referred to the Head of Development and/or the Head of Major Gifts & Appeals for further review. The Head of Development and/or the Head of Major Gifts & Appeals will make a recommendation to the Deputy Director and Director about how to proceed. Where necessary, further information and advice will be sought from third parties, such as professional search firms, international due diligence providers, and individual contacts who may have further knowledge of prospective supporters. All prospective donations from new or existing supporters of more than £100,000 will be referred to the Deputy Director and Director for review along with a full research profile. They will seek the further advice and agreement of the Chairman and Trustees as appropriate. Gifts of more than £500,000 and any gift where the Gallery offers to name a building, room, post or other aspect of its activity, will be subject to review by the Deputy Director, Director, Chairman and Board of Trustees. Should concerns be raised under the guidelines above about a gift that has already been accepted, the Director, Deputy Director and, where appropriate, the Chairman and Trustees, will review whether it is appropriate to retain the gift.

Head of Major Donors & Appeals, June 2015

cultureunstained.org 33 Appendix 2 Research Guidance (to accompany National Portrait Gallery Ethical Policy)

Background The Gallery reserves the right to reject offers of support that meet any of the following criteria:

• Where support is known or suspected to derive from the proceeds of crime • Where accepting support could potentially constitute a crime under the Bribery Act 2010 • Where money laundering is suspected • Where the supporting source is known or suspected to be closely associated with a regime known or suspected to be in violation of human rights • Where support would impinge on the artistic or academic freedom of the Gallery or would otherwise compromise its status as an independent institution • Where support would jeopardise existing and future relationships with other supporters and/or partners • Where support is deemed to be in any other way in conflict with the objectives and values of the Gallery. • Where insufficient information can be found about the identity, source of wealth, business interests or reputation of the donor All members of the Development Team should be mindful of this criteria and have a responsibility to notify the Head of Development and/or the Head of Major Gifts & Appeals of any concerns they may have about existing and prospective supporters. Should a prospect or supporter be deemed inappropriate in light of the criteria above, they should not be approached by any member of the team unless specifically agreed by the Head of Development and/or the Head of Major Gifts & Appeals. Should a prospect or supporter be deemed inappropriate in light of the criteria above, team members should be particularly mindful to consider any associated individuals, trusts, and companies and to ensure that they are reviewed accordingly.

Risk Assessment In line with our Ethical Fundraising policy, an initial risk assessment should be undertaken on any prospective sponsor, partner, trust, foundation, Portrait Circle member or other individual proposing to make a donation of £10,000 and above. This initial assessment should be undertaken by the member of the team who is proposing or in touch with the prospect, referred to henceforward as the ‘Canvasser’. The canvasser will be supported in their research by the Individual Giving Manager, Catalyst & Appeals (the team’s current lead for research) as well as the Head of Corporate Development and the Head of Major Gifts & Appeals. An initial assessment should utilise publically available sources to assess the following: For Individuals • Has the individual, their spouse or other close family member been subject to any criminal conviction or suspected of criminal activity? • Has the individual, their spouse or other close family member been investigated for – or suspected of – fraud, money laundering, or tax evasion? • Does the individual, their spouse or other close family member have any associations with regimes known or suspected to be in violation of human rights? This may include past regimes.

34 Bad Company: BP, human rights and corporate crimes • Does the individual have the capacity to honour any pledges to the Gallery? • Is the source of the individual’s wealth apparent and legitimate? • Are businesses relating to the individual solvent? • Are any businesses relating to the individual of potential concern in relation to the guidance on companies below? • Are trusts relating to the individual active and sufficiently capitalised? • Are any trusts relating to the individual of potential concern in relation to the guidance on companies below? • Has the individual, their spouse or other close family member been subject to adverse publicity which could expose the Gallery to reputational risk or jeopardise relationships with supporters and/or partners?

For Trusts and Foundations The Trust and Foundation team will conduct research into grant giving bodies using similar criteria to those set out for individuals. In the first instance for UK-based bodies the Charity Commission website enable the Gallery to get an instant profile – and whether they are compliant with the information they are required to submit to the Charity Commission, for example annual accounts. For overseas grant giving bodies the Gallery will conduct desk research to identify level of support, and types of organisations supported. From this we can assess both the likelihood to give, as well as the legitimacy of the organisations supported. All approaches to be made by the Trust and Foundations team will be reviewed by the Head of Major Gifts and Appeals and/ or the Head of Corporate Development prior to applications being submitted.

For Companies (including parent companies, subsidiaries or major partners, as appropriate) • Has there been any adverse publicity about the company in the press or media recently or in the less recent past (in the UK and/ or overseas)? • Has any individual known to be connected to the company, including senior staff members or Board members been subject to adverse publicity recently or in the less recent past? • Is there any past, recent, current or planned litigation against the company? • Is the company primarily involved in the manufacture and/ or sale of firearms or tobacco or other proscribed sectors? • Does the company, its Executive or non-Executive the Directors have any associations with regimes known or suspected to be in violation of human rights? • Does the company generally have a good reputation in relation to corporate social responsibility (CSR)? Do they demonstrate a commitment to instituting and / or improving their CSR? • Does the company have an evident equality and diversity policy? • Does the company have a long track record and stable structure? • Is the company publicly traded and does it issue annual reports and audited accounts? • Does the company appear to have the financial capacity to honour any pledges to the Gallery? • Are any individuals relating to the business of potential concern in relation to the guidance on individuals above? • Are any trusts relating to the company of potential concern in relation to the guidance on trusts above? Canvassers should err on the side of caution and refer any concerns to the Head of Corporate Development and/or the Head of Major Gifts & Appeals who will then decide whether to proceed with the prospect or undertake further investigation.

cultureunstained.org 35 Useful Resources (suggested by the National Portrait Gallery as sources for researching donors, included within its Research Guidance)

Sunday Times Richlist www.forbes.com/lists www.bloomberg.com/billionaires http://apps.charitycommission.gov.uk/Showcharity/RegisterOfCharities/registerhomepage.aspx Charity Commission guidance on due diligence: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/413719/CT-2.pdf https://fdo.foundationcenter.org/ www.duedil.com www.zoopla.co.uk www.gov.uk/government/organisations/companies-house www.companycheck.co.uk http://www.lse.co.uk/ShareNews.asp?shareprice=LSE http://www.ft.com/companies https://www.gov.uk/government/publications/bribery-act-2010-guidance National Portrait Gallery Anti Fraud Policy on the Gallery All staff (O) Policies and Strategies/ Policies

36 Bad Company: BP, human rights and corporate crimes Endnotes

1 Ethical Dilemmas – Sponsorship’, Museums Association 14 ‘Statement by EITI Chair Clare Short on Azerbaijan’, website. See: www.museumsassociation.org/ethics/26012016- Extractive Industries Transparency Initiative website, 15th ethical-dilemmas-sponsorship October 2014. See: https://eiti.org/news/statement-by-eiti- 2 ‘National Portrait Gallery Ethical Fundraising Policy 2015’, chair-clare-short-on-azerbaijan National Portrait Gallery. Acquired under the Freedom of 15 Extractive Industries Transparency Initiative Board Decision Information Act. See Appendix 1. on Azerbaijan, 9th March 2017. See: https://eiti.org/BD/2017- 3 ‘Agreement on the joint development and production sharing 15 for the Azeri and Chirag fields and the deep water portion of the 16 ‘Statement on future of EITI in Azerbaijan’, State Oil Fund of Gunashli field in the Azerbaijan sector of the Caspian Sea’, BP the Republic of Azerbaijan, 10th March 2017. See: website. See: www.bp.com/content/dam/bp- www.oilfund.az/uploads/statement-en.pdf country/en_az/pdf/legalagreements/PSAs/ACG_PSA.pdf 17 BP's promotional material for Science Museum 'Energy' Also: ‘Contract of the Century’, President of Azerbaijan gallery. Document originally available on BP’s website at: national website. See: www.bp.com/liveassets/bp_internet/globalbp/STAGIN http://en.president.az/azerbaijan/contract G/global_assets/downloads/B/BPM_05one_Energy.pdf 4 ‘About Us’, BP Azerbaijan website. See: 18 Ibid. See also: ‘President Ilham Aliyev and Jose Manuel www.bp.com/en_az/caspian/aboutus.html Barroso visited the Sangachal Terminal’, BP Azerbaijan website. 5 ‘All That Glitters: Sport, BP and Repression in Azerbaijan’, See: www.bp.com/en_az/caspian/press/features/presidents- Platform, 11th June 2015. See: http://platformlondon.org/p- visit-to-ST.html publications/all-that-glitters/ 19 ‘Wave of protest over Zaha Hadid's Baku prizewinner’, The 6 ‘BP Careers – Azerbaijan’, BP website. See: Guardian, 30th June 2014. See: www.bp.com/en/global/bp- www.theguardian.com/artanddesign/2014/jun/30/zaha-hadid- careers/professionals/locations/azerbaijan.html architecture See also: ‘They Took Everything from Me – Forced 7 ‘BP replaces Azeri head following oil output spat’, Reuters, 2nd Evictions, Unlawful Expropriations, and House Demolitions in November 2012. See: www.reuters.com/article/us-bp- Azerbaijan’s Capital’, Human Rights Watch, 29th February azerbaijan-appointment-idUSBRE8A10IV20121102 2012. See: www.hrw.org/report/2012/02/29/they-took- everything-me/forced-evictions-unlawful-expropriations-and- 8 ‘Amnesty International barred from Baku Games’, Amnesty house International, 10th June 2015. See: www.amnesty.org/en/latest/news/2015/06/amnesty- 20 ‘OECD Guidelines for Multinational Enterprises, UK international-barred-from-baku-ahead-of-european-games/ National Contact Point – Revised Final Statement’, UK Government website, 22nd February 2011. See: 9 ‘Azerbaijan 2016/17’, Amnesty International website. See: www.gov.uk/government/uploads/system/uploads/attachment www.amnesty.org/en/countries/europe-and-central- _data/file/31805/11-766-revised-final-statement-ncp-btc.pdf asia/azerbaijan/report-azerbaijan/ ‘BP violating human rights rules, says UK government’, The 10 ‘Azerbaijan: a 21st century dynasty’, Osservatorio Balcani e Corner House website, 9th March 2011. See: Caucaso Transeuropa, 1st March 2017. See: www.thecornerhouse.org.uk/resource/bp-violating-human- www.balcanicaucaso.org/eng/Areas/Azerbaijan/Azerbaijan-a- rights-rules-says-uk-government#fn001 21st-century-dynasty-178193 21 Ibid. 11 ‘2014: The great Azerbaijani crackdown’, Osservatorio Balcani 22 ‘Southern Gas Corridor / Euro-Caspian Mega Pipeline’, CEE e Caucaso Transeuropa, 2nd February 2015. See: Bakwatch Network website. See: https://bankwatch.org/our- www.balcanicaucaso.org/eng/Areas/Azerbaijan/2014-The- work/projects/southern-gas-corridor-euro-caspian-mega- great-Azerbaijani-crackdown pipeline 12 ‘Azerbaijan Civil Society Letter to BP’, Platform, 17th 23 ‘Puglia Obstructs “Europe’s Keystone”’, Sarah Shoraka, New September 2014. See: Internationalist magazine, June 2017. See: http://platformlondon.org/contractofthecenturyletter/ www.facebook.com/platformlondon/photos/a.167869439894 13 ‘All That Glitters: Sport, BP and Repression in Azerbaijan’, 491.44429.157191900962245/1701118779902875/ Platform, 11th June 2015. See: http://platformlondon.org/p- 24 ‘Annual Report and form 20-F 2016’, BP. See: publications/all-that-glitters/ www.bp.com/content/dam/bp/en/corporate/pdf/investors/bp- annual-report-and-form-20f-2016.pdf

cultureunstained.org 37 25 ‘BP in Egypt’, BP website. See: 38 ‘Guiding Principles on Business and Human Rights’, United http://www.bp.com/en/global/corporate/about-bp/bp- Nations Human Rights – Office of the High Commissioner, worldwide/bp-in-egypt.html 2011. See: 26 ‘BP to invest $10bn in Egypt's gas fields over next 5 years’, www.ohchr.org/Documents/Publications/GuidingPrinciplesBu Ahram Online, 15th July 2014. See: sinessHR_EN.pdf http://english.ahram.org.eg/NewsContent/3/12/106348/Busi 39 ‘The great Egyptian gas giveaway?’, Middle East Eye, 10th ness/Economy/BP-to-invest-bn-in-Egypts-gas-fields-over-next-- April 2015. See: www.middleeasteye.net/news/great-egyptian- ye.aspx gas-giveaway-278856509 27 ‘The great Egyptian gas giveaway?’, Middle East Eye, 10th 40 ‘Our approach to human rights’, BP website. See: April 2015. See: www.middleeasteye.net/news/great-egyptian- www.bp.com/en/global/corporate/sustainability/respecting- gas-giveaway-278856509 human-rights/bp-and-human-rights.html 28 ‘ AmCham head moves to thwart US congressional bill critical 41 ‘Egypt 2016/17’, Amnesty International. See: of Egypt’, Egypt Independent, 22nd September 2010. See: www.amnesty.org/en/countries/middle-east-and-north- www.egyptindependent.com/news/amcham-head-moves- africa/egypt/report-egypt/ thwart-us-congressional-bill-critical-egypt 42 ‘Egypt: Officially, you do not exist – disappeared and tortured 29 ‘Guiding Principles on Business and Human Rights’, United in the name of counter-terrorism’, Amnesty International, 13th Nations Human Rights – Office of the High Commissioner, July 2016. See: 2011. See: www.amnesty.org/en/documents/mde12/4368/2016/en/ www.ohchr.org/Documents/Publications/GuidingPrinciplesBu 43 ‘Climate Change: The Impacts of Sea Level Rise on Egypt’, sinessHR_EN.pdf 45th ISOCARP Congress 2009, Elsharkawy H., Rashed H., & 30 ‘Winning against the odds – How an Egyptian community Rached I. See: stopped BP in its tracks’, Platform, 25th June 2013. See: http://research.fit.edu/sealevelriselibrary/documents/doc_mgr http://platformlondon.org/2013/06/25/winning-against-the- /387/Egypt_CC_&_SLR_Impacts_- odds-how-an-egyptian-community-stopped-bp-in-its-tracks/ _Elsharkawy_et_al_2009.pdf 31 ‘BP using crackdown to steamroll unpopular project in Egypt’, 44 ‘BP sees early promise, growing investment in Mexico energy’, Platform, 21st July 2014. See: Business Insider, 17th May 2017. See: http://platformlondon.org/2014/07/21/bp-using-egypt- https://uk.news.yahoo.com/2-bp-sees-early-promise- crackdown-to-steamroll-unpopular-project/ 171403653.html 32 ‘Full English translation of Egypt's new protest law’, Ahram 45 Speech given by Bob Dudley, Mexican Energy Reform Online, 25th November 2013. See: Summit, 2nd March 2015. See: http://english.ahram.org.eg/News/87375.aspx www.bp.com/en/global/corporate/press/speeches/mexican- 33 ‘Protest, investment and BP: Egypt is open for business but not energy-reform-summit.html for accountability’, Daily News Egypt, 12th March 2015. 46 ‘Did the British Museum sell ‘Day of the Dead’ to BP?’, New www.dailynewsegypt.com/2015/03/12/protest-investment- Internationalist, 31st October 2016. See: and-bp-egypt-is-open-for-business-but-not-for-accountability/ https://newint.org/features/web-exclusive/2016/10/31/did- 34 Speaking in documentary ‘Idku: No BP Gas Project Without the-british-museum-sell-day-of-the-dead-to-bp/ Our Consent’ by the Mosireen Collective: 47 ‘Statoil, BP, Total win first block in Mexico Salina Basin www.youtube.com/watch?v=wh8nwXugNgs auction’, Reuters, 5th December 2016. See: 35 ‘Egypt: Counterterrorism Law Erodes Basic Rights’, Human http://uk.reuters.com/article/mexico-oil-auction-fifth- Rights Watch, 29th August 2015. See: idUKE1N1DI00A See also: ‘Mexico's Flirt With Big Oil Gets www.hrw.org/news/2015/08/19/egypt-counterterrorism-law- Italian Nod as Eni Wins Bid’, Bloomberg, 30th September 2015. erodes-basic-rights See: https://www.bloomberg.com/news/articles/2015-09- 30/mexico-defies-oil-price-slump-as-60-percent-of-fields- 36 ‘Egypt: Mass arrests in ‘ruthlessly efficient’ bid to block auctioned peaceful protest’, Amnesty International, 26th April 2015. See: www.amnesty.org/en/latest/news/2016/04/egypt-mass-arrests- 48 ‘Mexico 2016/17’, Amnesty International. See: in-ruthlessly-efficient-bid-to-block-peaceful-protest/ www.amnesty.org/en/countries/americas/mexico/report- mexico/ 37 ‘Protest, investment and BP: Egypt is open for business but not for accountability’, Daily News Egypt, 12th March 2015. 49 ‘”Impunity has consequences”: the women lost to Mexico's www.dailynewsegypt.com/2015/03/12/protest-investment- drug war’, The Guardian, 8th December 2016. See: and-bp-egypt-is-open-for-business-but-not-for-accountability/ www.theguardian.com/world/2016/dec/08/mexico-drug-war- cartels-women-killed

38 Bad Company: BP, human rights and corporate crimes 50 ‘Outside experts condemn Mexico's inquiry into 43 missing 63 Pagnamenta, R. (July 2, 2016), ‘BP broadens its footprint in students’, The Guardian, 25th April 2016. See: Indonesia with $8bn project’, The Times. See: www.theguardian.com/world/2016/apr/24/mexico-43- www.thetimes.co.uk/article/bp-broadens-its-footprint-in- missing-students-investigation-iachr-report indonesia-with-8bn-project-0wb3sj9zp (accessed 11/05/17). 51 ‘Violence at Mexico teachers' protest leaves six dead, officials 64 ‘BP in Indonesia’, BP website. See: say’, The Guardian, 20th June 2016. See: www.bp.com/en_id/indonesia/bp-in-indonesia.html https://www.theguardian.com/world/2016/jun/20/violence- 65 ‘Commentary on Foundational Principle 19’, UN Guiding mexico-teachers-protest-dead-oaxaca-union See also: ‘Mexico Principles on Business and Human Rights. See: teachers protest: 6 killed and 100 injured in Oaxaca after clashes www.ohchr.org/Documents/Publications/GuidingPrinciplesBu with police’, Independent, 20th June 2016. See: sinessHR_EN.pdf www.independent.co.uk/news/world/americas/mexico- 66 ‘Information’, Free West Papua Campaign website. See: teachers-protest-oaxaca-union-police-6-dead-latest- www.freewestpapua.org/info/ a7091986.html 67 ‘Indonesia 2016/2017’, Amnesty International. See: 52 ‘Mexico 2016/17’, Amnesty International. See: www.amnesty.org/en/countries/asia-and-the- www.amnesty.org/en/countries/americas/mexico/report- pacific/indonesia/report-indonesia/ mexico/ 68 ‘West Papuan Political Prisoner Steven Itlay released from jail’, 53 ‘”Why must I live in fear?” Mexico shaken after yet another Free West Papua Campaign website, 11th February 2017. See: journalist murdered’, The Guardian, 17th May 2017. See: www.freewestpapua.org/2017/02/11/west-papuan-political- www.theguardian.com/world/2017/may/17/mexico-journalist- prisoner-steven-itlay-released-from-jail/ murder-javier-valdez-drug-cartels?CMP=fb_gu 69 Kirksey, E. (2012), Freedom in Entangled Worlds: West Papua 54 ‘2nd Mexican State Issues Emergency Alert over Gender and the Architecture of Global Power, Duke University Press: Violence’, Telesur, 11th August 2015. See: Durham, p.106. www.telesurtv.net/english/news/2nd-Mexican-State-Issues- Emergency-Alert-over-Gender-Violence-20150811-0038.html 70 Hyams, K. (2001), ‘Petrol in Papua’, Ecologist, 31 (5), p.52. 55 ‘”Impunity has consequences”: the women lost to Mexico's 71 Interview with Andrew Hickman, Down to Earth, 3rd drug war’, The Guardian, 8th December 2016. See: February 2017. www.theguardian.com/world/2016/dec/08/mexico-drug-war- 72 ‘Sacrifice Zone: BP, Freeport and the West Papuan cartels-women-killed independence struggle’, Connor Woodman, New 56 ‘More than 250 skulls found in 'enormous mass grave' in Internationalist. See: Mexico’, The Guardian, 14th March 2017. See: https://newint.org/features/2017/05/01/sacrifice-zone-west- www.theguardian.com/world/2017/mar/14/mexico-skulls- papuan-independence-struggle mass-grave-drug-cartel-veracruz 73 E.g. Kylie McKenna (2015), ‘Corporate security practices and 57 ‘More Than 250 Human Skulls Are Found in Mass Grave in human rights in West Papua’, Conflict, Security & Mexico’, The New York Times, 14th March 2017. See: Development, 15:4, p.377: “it must be acknowledged that much www.nytimes.com/2017/03/14/world/americas/mexico- of the data used in this discussion of the BP case is drawn from veracruz-mass-grave.html interviews with senior BP employees. Much of this discussion therefore largely reflects the perception of company executives”; 58 ‘Research Guidance (to accompany National Portrait Gallery Courvisanos, ‘BP in Papua’, p.90: “An academic or NGO field Ethical Fundraising Policy) 2015’, National Portrait Gallery. study, one that is not commissioned by BP, is sorely needed to Acquired under the Freedom of Information Act. See Appendix evaluate the impact of the Tangguh Project in the region.” 2. 74 Macleod, J. (2015), Merdeka & the Morning Star: Civil 59 ‘BP faces Mexican class action lawsuit over Deepwater Horizon Resistance in West Papua, University of Queensland Press, p.58. oil spill’, The Guardian, 11th December 2015. See: www.theguardian.com/environment/2015/dec/11/bp-gulf-oil- 75 Human Rights Watch (2015), Something to Hide? Indonesia’s spill-mexico-lawsuit-deepwater-horizon Restrictions on Media Freedom and Rights Monitoring in Papua, Human Rights Watch: New York. 60 ‘2. (b), Part VI. Environment’, from OECD Guidelines for Multinational Enterprises – 2011 Edition. See: 76 Anderson, K. (2015), ‘Colonialism and Cold Genocide: The www.oecd.org/investment/mne/48004323.pdf Case of West Papua’, Genocide Studies and Prevention: An International Journal, 9(2), p.14. 61 McKenna, K. (2016), Corporate Social Responsibility and Natural Resource Conflict, Routledge: Oxon, p.36. 77 Elmslie, J. (2007), West Papua: Paths to Justice and Prosperity, University of Sydney: Sydney. 62 Courvisanos, M. (2010), ‘BP in Papua: A chance for development or the return of the resource curse?’, Honours Thesis: University of Sydney, p.11.

cultureunstained.org 39 78 Hernawan, B. (2015), ‘Torture as a Mode of Governance: 93 ‘BP hands “tarred in pipeline dirty war”’, The Guardian, 17th Reflections on the Phenomenon of Torture in Papua, Indonesia’, October 1998. See: in (eds.) Slama, M. & Munro, J., From ‘Stone-Age’ to ‘Real- www.theguardian.com/world/1998/oct/17/1 Time’: Exploring Papuan Temporalities, Mobilities and 94 ‘”I was kidnapped, chained and blindfolded. They’d kill me if I Religiosities, ANU Press: Canberra, pp.195-220. went back to Colombia’”, The Guardian, 25th October 2015. 79 See, for example, the list of human rights abuses from January See: www.theguardian.com/world/2015/oct/24/colombia-oilo- 2014 to June 2016 in MacLeod, J. et al. (2016), A Historic wars--kidnapped-chained-and-blindfolded-i-cant-go-bac- Choice: West Papua, human rights and Pacific diplomacy at the gilberto-torres Pacific Island Forum and Melanesian Spearhead Group, pp.40- 95 ‘To Count the Uncounted: An Estimation of Lethal Violence 68. in Casanare’, Benetech Human Rights Program, 10th February 80 ‘BP, security and human rights in West Papua’, McKenna, K., 2010. See: https://hrdag.org/content/colombia/results- New Mandala, 4th September 2015. See: paper.pdf www.newmandala.org/bp-security-and-human-rights-in-west- 96 ‘BP pays out millions to Colombian farmers’, Independent, papua/ 21st July 2006. 81 ‘Indonesian troops for BP gas project’, Kirksey, E. & Grimston, www.independent.co.uk/news/world/americas/bp-pays-out- J., The Sunday Times, 20th July 2003. millions-to-colombian-farmers-6094738.html 82 ‘Tangguh - ignoring the reality’, Down to Earth, 65, May 2005. 97 ‘Colombia: High court ends trade unionist’s case against BP’, See: www.downtoearth-indonesia.org/story/tangguh-ignoring- War on Want – News, 13th October 2016. See: reality www.waronwant.org/media/colombia-high-court-ends-trade- 83 ‘Contested politics, democratization and intervention: The unionist%E2%80%99s-case-against-bp ending to mass atrocities in East Timor’, Smith, C. Q. & Jarvis, 98 ‘Diálogo Regional Para La Construcción Del Plan Nacional T., Conference paper, States of Peace in Asia Workshop, De Desarrollo 2014-2018’, 29th January 2015. See: University of Yangon, June 29-30, 2015. https://colaboracion.dnp.gov.co/CDT/Prensa/Presentaciones/ 84 ‘Freedom in Entangled Worlds’, Kirksey, pp.104-120 Encuentro%20Regional%20San%20Jos%C3%A9%20del%20G uaviare%20280115.pdf 85 ‘Tangguh – Ignoring the Reality’, Down to Earth; see e.g. ‘Criminal collaborations? Antonius Wamang and the 99 ‘BP faces damages claim over pipeline through Colombian Indonesian military in Timika’, Kirksey, E. & Harsono, A., farmland’, The Guardian, 11th November 2009. See: South East Asia Research, 16(2), 2008, pp.165-197 www.theguardian.com/world/2009/nov/11/colombia-farmers- sue-bp-pipeline 86 ‘Indonesia: Grave human rights violations in Wasior, Papua’, Withers, L. & Poulsen, S., Amnesty International. 2002. See: 100 ‘Gilberto Torres BP Case Ends But Opens Doors’, Deighton www.amnesty.org/en/documents/asa21/032/2002/en/ Pierce Glynn website, 13th October 2016. See: www.dpglaw.co.uk/gilberto-torres-bp-case-ends-opens-doors/ 87 ‘Indonesian Military to build naval base in Papua’, Jakarta Post, News Desk, 20th January 2017. See: 101 ‘Gilberto Torres survived Colombia's death squads. Now he www.thejakartapost.com/news/2017/01/20/indonesian- wants justice’, The Guardian, 22nd May 2015. See: military-to-build-naval-base-in-papua.html www.theguardian.com/world/2015/may/22/gilberto-torres- survived-colombias-death-squads-now-he-wants-justice 88 ‘Tangguh - adapting to the West Papuan context?’, Down to Earth, 73, May 2007. See: www.downtoearth- 102 ‘Gilberto Torres BP Case Ends But Opens Doors’, Deighton indonesia.org/id/node/303 Pierce Glynn website, 13th October 2016. See: www.dpglaw.co.uk/gilberto-torres-bp-case-ends-opens-doors/ 89 Interview with Agus Sumule, University of Papua, February 8, 2017 103 ‘BP lawsuit (re Colombia)’, Business & Human Rights Resource Centre. See: https://business-humanrights.org/en/bp- 90 ‘TNI to Build Missile Detachment in Bintuni Bay, West lawsuit-re-colombia#c9345 Papua’, Tempo, 6th April 2017. See: https://en.tempo.co/read/news/2017/04/06/055863371/TNI 104 ‘BP in Algeria’, BP website. See: -to-Build-Missile-Detachment-in-Bintuni-Bay-West-Papua www.bp.com/en/global/corporate/about-bp/bp-worldwide/bp- in-algeria.html 91 ‘BP announces final investment decision to expand Indonesia’s Tangguh LNG facility’, BP website, 1st July 2016. See: 105 ‘Reinforcing Dictatorships Britain’s Gas Grab and Human www.bp.com/en/global/corporate/media/press-releases/bp- Rights Abuses in Algeria’, Platform, 9th February 2014. See: final-investment-decision-to-expand-indonesia-lng-facility.html http://platformlondon.org/wp- content/uploads/2014/02/Algeria_Briefing.pdf 92 ‘Ecopetrol compra la BP en Colombia’, El Espectador, 3rd August 2010. See: www.elespectador.com/economia/articulo- 106 ‘BP to invest $2 billion in Algeria over 5 years’, Reuters, 3rd 216893-ecopetrol-compra-bp-colombia August 2009. See: www.reuters.com/article/us-energy-bp- algeria-interview-idUSTRE5722GJ20090803

40 Bad Company: BP, human rights and corporate crimes 107 ‘Algeria 2016/2017’, Amnesty International. See: 118 ‘Africa’s richest woman—and president’s daughter—will head www.amnesty.org/en/countries/middle-east-and-north- Angola’s state oil company’, Quartz Africa, 4th June 2016. See: africa/algeria/report-algeria/ https://qz.com/699211/africas-richest-woman-and-presidents- 108 ‘Algeria: Time to end impunity for past and present abuses’, daughter-will-head-angolas-state-oil-company/ Amnesty International, 25th February 2016. See: 119 ‘Forbes Profile – Isabel Dos Santos’, Forbes website. See: www.amnesty.org/en/documents/mde28/3521/2016/en/ www.forbes.com/profile/isabel-dos-santos/ 109 ‘Latest EMHRN Report: Lifting the state of emergency in 120 ‘BP and partners’ US $350 million payments in corruption- Algeria – A game of smoke and mirrors’, EuroMed Rights, 24th prone Angola show need for US transparency rule’, Global February 2012. See: www.euromedrights.org/publication/latest- Witness, 4th August 2014. See: emhrn-report-lifting-the-state-of-emergency-in-algeria-a-game- www.globalwitness.org/en/archive/bp-and-partners-us350- of-smoke-and-mirrors/ million-payments-corruption-prone-angola-show-need-us- 110 ‘Reinforcing Dictatorships Britain’s Gas Grab and Human transparency/ Rights Abuses in Algeria’, Platform, 9th February 2014. See: 121 Letter from BP to Global Witness concerning transparency http://platformlondon.org/wp- of payments in Angola, 28th April 2014. See: content/uploads/2014/02/Algeria_Briefing.pdf www.globalwitness.org/sites/default/files/letters/bplettertogw2 See also: ‘Return of Algerian ex-oil boss hints at revival of 8april14.pdf reforms’, Reuters, 3rd April 2016. See: 122 ‘US regulator probes Angolan deal involving BP and Cobalt’, http://uk.reuters.com/article/uk-algeria-politics- Financial Times, 15th March 2017. See: idUKKCN0X006E See also: ‘Chekib Khelil: Algeria ex- www.ft.com/content/9356386a-09a4-11e7-ac5a- minister wanted for corruption’, Fox News World, 13th August 903b21361b43 2013. See: www.foxnews.com/world/2013/08/13/chekib- 123 OECD Guidelines for Multinational Enterprises – 2011 khelil-algeria-ex-minister-wanted-for-corruption.html Edition. See: www.oecd.org/investment/mne/48004323.pdf 111 ‘Algerian court jails six in oil firm corruption case’, Reuters, 124 ‘UPDATE 1-Statoil says briefed Norwegian police on Angola 2nd February 2016. See: www.reuters.com/article/us-algeria- payments’, Reuters, 19th February 2016. See: corruption-idUSKCN0VB27W www.reuters.com/article/statoil-angola-idUSL8N15Y2EB 112 ‘Repression on the rise in Algeria as peaceful protesters face 125 ‘Gulf Oil Spill’, Ocean Portal, Smithsonian – National imprisonment’, Amnesty International, 18th May 2016. See: Museum of Natural History. See: http://ocean.si.edu/gulf-oil- www.amnesty.org/en/latest/news/2016/05/repression-on-the- spill rise-in-algeria-as-peaceful-protesters-face-imprisonment/ See also: ‘Extinguishing Free Expression in Algeria’, The New York 126 ‘BP Will Plead Guilty and Pay Over $4 Billion’, The New Times, 16th December 2016. See: York Times, 15th November 2012. See: www.nytimes.com/2016/12/16/opinion/extinguishing-free- www.nytimes.com/2012/11/16/business/global/16iht- expression-in-algeria.html?_r=0 bp16.html 113 ‘Reinforcing Dictatorships Britain’s Gas Grab and Human 127 ‘Ethical Dilemmas – Sponsorship’, Museums Association Rights Abuses in Algeria’, Platform, 9th February 2014. See: website. See: www.museumsassociation.org/ethics/26012016- http://platformlondon.org/wp- ethical-dilemmas-sponsorship content/uploads/2014/02/Algeria_Briefing.pdf 128 ‘II. A. Commentary on Foundation Principle 11’, UN 114 ‘Our Operations’, BP Southern Africa. See: Guiding Principles on Business and Human Rights. See: www.bp.com/en_za/southern-africa/bp-in-southern- www.ohchr.org/Documents/Publications/GuidingPrinciplesBu africa/Angola/Projects.html sinessHR_EN.pdf 115 ‘Angola 2016/2017’, Amnesty International. See: 129 ‘Science out of context’, Boston Globe, 3rd June 2010. See: www.amnesty.org/en/countries/africa/angola/report-angola/ https://www.bostonglobe.com/opinion/2012/06/02/reddy/Gt 82ZS7yoi5sHTgDG5SLkN/story.html 116 ‘Concluding observations on the fourth and fifth periodic report of Angola – E/C.12/AGO/CO/4-5’, Committee on 130 ‘Emails expose BP's attempts to control research into impact Economic, Social and Cultural Rights, United Nations of Gulf oil spill’, The Guardian, 15th April 2011. See: Economic and Social Council, 15th July 2016. See: www.theguardian.com/environment/2011/apr/15/bp-control- http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Down science-gulf-oil-spill load.aspx?symbolno=E/C.12/AGO/CO/4-5&Lang=En 131 ‘Gulf of Mexico Oil Spill: BP Accused of Lying about Spill 117 ‘Angola turns to IMF for bailout amid oil price fallout’, Size’, International Business Times, 1st October 2013, updated Financial Times, 6th April 2016. See: 1st July 2014. See: www.ibtimes.co.uk/gulf-mexico-oil-spill-bp- https://www.ft.com/content/732e5b5a-fc24-11e5-a31a- 510439 7930bacb3f5f See also: ‘Angola has fired its finance minister 132 ‘Commentary on Principle 19’, UN Guiding Principles on after talks with the IMF stalled’, Quartz, 6th September 2016. Business and Human Rights. See: See: https://qz.com/774391/angola-has-fired-its-finance- www.ohchr.org/Documents/Publications/GuidingPrinciplesBu minister-after-talks-with-the-imf-stalled/ sinessHR_EN.pdf cultureunstained.org 41 133 ‘II. 17. Commentary on Human Rights Due Diligence’, UN 146 ‘Universal Declaration of Human Rights’, United Nations, Guiding Principles on Business and Human Rights. See: 2015 edition. See: www.ohchr.org/Documents/Publications/GuidingPrinciplesBu http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.p sinessHR_EN.pdf df 134 ‘Gulf of Mexico Oil Spill: BP Accused of Lying about Spill 147 ‘BP plant explosion suit settled for $32 million’, CNN.com, Size,’ International Business Times, 1st October 2013, updated 10th November 2006. See: 1st July 2014. See: www.ibtimes.co.uk/gulf-mexico-oil-spill-bp- http://edition.cnn.com/2006/LAW/11/09/refinery.suit/index. 510439 html?_s=PM:LAW 135 ‘Former BP executive not guilty of reporting false 148 ‘US safety authorities impose record £53m fine on BP for information after 2010 spill’, The Guardian, 5th June 2015. See: Texas City failings’, The Guardian, 30th October 2009. See: www.theguardian.com/environment/2015/jun/05/bp- www.theguardian.com/business/2009/oct/30/bp-texas-city- executive-david-rainey-deepwater-horizon-oil-spill-gulf safety-fine 136 ‘Gulf spill could cost region $22.7 billion in travel dollars’, 149 ‘WikiLeaks cables: BP suffered blowout on Azerbaijan gas CNN Travel, 22nd July 2010. See: platform’, The Guardian, 16th December 2010. See: http://edition.cnn.com/2010/TRAVEL/07/22/gulf.oil.travel.i www.theguardian.com/world/2010/dec/15/wikileaks-bp- mpact/ azerbaijan-gulf-spill See also: ‘WikiLeaks: BP's 'Other' Offshore 137 ‘The Gulf Oil Spill – by the numbers’, Oceana USA, April Drilling Disaster’, Time, 18th December 2010. See: 19th 2012. See: http://usa.oceana.org/our-work/climate- http://content.time.com/time/world/article/0,8599,2037830,0 energy/offshore-drilling/gulf-oil-spill-information-center/the- 0.html spill-by-the-numbers 150 ‘Leaked BP report reveals risk of lethal accidents’, Financial 138 ‘BP CEO Tony Hayward (VIDEO): ‘I’d Like My Life Back’, Times, 12th December 2016. See: Huffington Post, 1st June 2010. See: www.ft.com/content/a62438fc-be36-11e6-8b45- www.huffingtonpost.com/2010/06/01/bp-ceo-tony-hayward- b8b81dd5d080 video_n_595906.html 151 Robert Bea, Professor emeritus at the University of 139 ‘Tony Hayward to quit BP’, The Guardian, 26th July 2010. California, Berkeley. Speaking to the Financial Times, 13th See: www.theguardian.com/business/2010/jul/26/tony- December 2016, ibid. hayward-to-quit-bp 152 Ibid. 140 ‘Research Guidance (to accompany National Portrait Gallery 153 ‘A Culture of Safety’, Saltend Chemicals Park – Manage by Ethical Fundraising Policy) 2015’, National Portrait Gallery. BP website. See: Acquired under the Freedom of Information Act. See Appendix http://saltendchemicalspark.co.uk/investors/a-culture-of-safety 2. 154 ‘BP leak: Report reveals BP came close to lethal incident at 141 ‘BP finalises $20.8bn Deepwater Horizon settlement’, FT, 5th Hull plant’, Energydesk, 13th December 2016. See: October 2015. See: www.ft.com/content/33780c30-6b7a-11e5- http://energydesk.greenpeace.org/2016/12/13/bp-leak-report- aca9-d87542bf8673 reveals-bp-came-close-lethal-incident-hull-plant/ 142 ‘BP Will Plead Guilty and Pay Over $4 Billion’, New York 155 ‘BP’s Whiting refinery closure shakes oil markets’, Financial Times, 15th November 2012. See: Times, 14th August 2015. See: www.ft.com/content/62736f9e- www.nytimes.com/2012/11/16/business/global/16iht- 4252-11e5-9abe-5b335da3a90e bp16.html 156 ‘Four injured in BP Whiting Refinery accident’, NWI Times, 143 ‘BP sparks campaigners' fury with new arts sponsorship deals’, 28th April 2017. See: www.nwitimes.com/business/local/four- The Guardian, 28th July 2016. See: injured-in-bp-whiting-refinery-accident/article_da63c92e- www.theguardian.com/business/2016/jul/28/bp-sponsorship- 81d9-5177-8230-2d296c84a671.html See also: ‘BP Whiting arts-organisations-british-museum-national-portrait-gallery Refinery discharged industrial waste into Lake Michigan’, NWI 144 ‘Research Guidance (to accompany National Portrait Gallery Times, 3rd August 2016. See: www.nwitimes.com/business/bp- Ethical Fundraising Policy) 2015’, National Portrait Gallery. whiting-refinery-discharged-industrial-waste-into-lake- Acquired under the Freedom of Information Act. See Appendix michigan/article_830d91d0-6f2c-5f81-a2b1- 2. c52d6bdecce6.html 145 ‘742nd Meeting, Trustees of the National Portrait Gallery – 157 ‘Significant layoffs hit BP Whiting Refinery for first time in Minutes’, Thursday 1st July 2010. See: 17 years’, NWI Times, 15th November 2016. See: http://www.npg.org.uk/assets/files/pdf/trustees- www.nwitimes.com/business/local/significant-layoffs-hit-bp- meetings/tmNPG-742.pdf See also: ‘743rd Meeting, Trustees whiting-refinery-for-first-time-in/article_96f6b93b-0804-5dec- of the National Portrait Gallery – Minutes’, Thursday 1st July 9c05-8077a4bcc2d7.html 2010. See: www.npg.org.uk/assets/files/pdf/trustees- meetings/tmNPG-743.pdf

42 Bad Company: BP, human rights and corporate crimes 158 ‘BP's Whiting refinery agrees to cut air pollution’, Chicago 162 ‘BP pleads guilty, fined $20M in clean water act violation’, Tribune, 24th May 2012. See: Alaska Journal of Commerce, 12th August 2007. See: http://articles.chicagotribune.com/2012-05-24/news/ct-met- www.alaskajournal.com/community/2007-12-09/bp-pleads- bp-settlement-0524-20120524_1_whiting-refinery-u-s-refinery- guilty-fined-20m-clean-water-act-violation#.WTE4uiMrKG8 sprawling-refinery See also: ‘Activists say regulators going too 163 ‘Alaska to collect $255 million for 2006 BP pipeline leaks’, easy on Chicago-area BP refinery’, Midwest Energy News, 25th Chicago Tribune, 8th November 2012. See: July 2016. See: http://articles.chicagotribune.com/2012-11-08/news/sns-rt-us- http://midwestenergynews.com/2016/07/25/activists-call-for- bp-alaskaspillbre8a800m-20121108_1_prudhoe-bay-pipeline- tougher-penalties-for-chicago-area-bp-refinery/ leaks-bp-plc 159 ‘Historic Marktown almost 100, but future uncertain’, NWI 164 ‘Browne's BP cost-cutting led to Gulf spill, book says’, Times, 13th November 2016. See: Reuters, 29th February 2012. See: www.reuters.com/article/us- www.nwitimes.com/business/local/historic-marktown-almost- bp-oilspill-book-idUSTRE8200AP20120301 but-future-uncertain/article_11b906f8-7332-574a-bea7- 165 ‘BPTT and BHP Billiton cutting back’, Trinidad & Tobago a91e0995ce60.html See also: ‘Photographs of BP’, History of Guardian, 13th January 2016. See: BP in 100 Objects website. See: www.guardian.co.tt/news/2016-01-13/bptt-and-bhp-billiton- http://www.historyofbp.org/refinery/ cutting-back 160 ‘BP is still struggling to get control of an Alaska North Slope 166 ‘TOFCO workers stage protest’, Trinidad & Tobago well that has been leaking natural gas since Friday’, The Newsday, 15th January 2016. See: Washington Post, 16th April 2017. See: www.newsday.co.tt/news/0,222634.html See also: ‘No www.washingtonpost.com/news/energy- resolution yet for TOFCO workers’, Trinidad & Tobago environment/wp/2017/04/16/bp-is-still-struggling-to-get- Newsday, 19th January 2016. See: control-of-an-alaska-north-slope-well-that-has-been-leaking- www.newsday.co.tt/news/0,222815.html natural-gas-since-friday/?utm_term=.8404d45dc5e0 167 ‘BP’s Juniper platform sets sail for offshore Trinidad’, BP 161 ‘Alaska hit by 'massive' oil spill’, BBC News website, 11th website, 20th January 2017. See: March 2006. See: www.bp.com/en/global/corporate/media/press-releases/bp- http://news.bbc.co.uk/1/hi/world/americas/4795866.stm juniper-platform-sets-sail-for-offshore-trinidad.html

cultureunstained.org 43 Bad Company: BP, human rights and corporate crimes

In July 2016, four of the UK’s most iconic cultural institutions – the National Portrait Gallery, the British Museum, the Royal Opera House and the Royal Shakespeare Company – took the controversial decision to sign a new 5-year sponsorship deal with the oil and gas company, BP. Tony Hayward testifies before the US Congress, 17th June 2010. By accepting sponsorship from BP, Photo by David Sims, US House of Representatives these cultural institutions are making a bold and public statement: that even after thoroughly researching BP's negative human rights and environmental impacts around the world, they believe it is a company worth endorsing. This report lays out in detail BP’s close associations with regimes West Papuan women paint their faces with the Morning Star flag before, known to be in violation of human 19 December 2016. Photo (cc) West Papua National Committee rights. It then examines the extent of BP’s corporate criminality and the ongoing risks it poses to workers and communities. In light of the extensive evidence, these BP-sponsored cultural institutions will need to decide if this is really the company they want to keep. Gilberto Torres, from Colombia, speaks about his kidnap and torture. Photo by Kristian Buus.

June 2017 cultureunstained.org