Defining minimum requirements

Government should define minimum requirements for the firms and for their employees. For the companies, minimum requirements should be defined for transparency and accountability. For transparency, such minimum requirements should be defined for: ownership, shareholding arrangements and financing; declaration of board members and responsibilities; identification of headquarters; corporate or firm structure with divisional activities; joint ventures; partners; subsidiary and subcontractor ownership and interests; contracts for outsourced services, and the clients. For accountability, minimum requirements should be defined to cover: qualification of boards of directors, corporate or firm leadership and duties of public disclosure; capacities and means for the recruitment of personnel, preparation of operations and provision of adequate training; enforceable performance standards; and a code of conduct, etc. Moreover, the company must agree to be held responsible under national law even while performing operations abroad. In this way, any abuses committed by the firm and its employees will fall under jurisdiction of national courts.

For the employment of personnel, minimum requirements should be defined for the recruitment, qualification, preparation, training and conduct of personnel (for instance: no criminal record, no human rights violation and no violation of International Humanitarian Law or other international law, and no dishonorable discharge from the armed forces; personnel must be made well acquainted with International Humanitarian Law, human rights laws, and instructed in gender issues). Key considerations must be professional qualification and operating legally. In addition, the company will have to ensure that the personnel recruited locally in the country of its foreign engagement receive the same notification, preparation and training as those recruited from its home country or from third countries.

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