Analysis of Aker BP’s Breach of the OECD Guidelines

During the 14th UN Forum on Business and Human Rights, Swedwatch and PAX hosted a expert meeting on the Norwegian National Contact Point’s groundbreaking assessment: Aker BP breached the OECD Guidelines when it merged with Lundin Energy.

Lundin Energy stands accused of complicity in war crimes in South Sudan, where its oil operations allegedly displaced 180,000 people and left 12,000 dead. Facing indictment, Lundin merged with Aker BP in 2021, transferring 98% of its assets. The NCP’s ruling confirms that Aker BP’s due diligence was inadequate, ignoring the risks to victims’ right to remedy.

This is a resounding victory for victims. The NCP explicitly states that human rights responsibilities can move with assets.
Egbert Wesselink – PAX

Key Takeaways:

Mergers and acquisitions require human rights due diligence, just like any other business decision.
Human rights liabilities are not solely the responsibility of the company that caused or contributed to them. They can travel with assets and become the responsibility of an acquiring company.

You can view a recording of the Expert Meeting below.