Norway’s human rights reputation is on the line – the Diplomat
Norway is a world leader in the protection of human rights defenders. He leads the related negotiations at the United Nations Human Rights Council in Geneva. It funds the work of independent UN experts tasked with “defending defenders”. And he uses his seat on the UN Security Council to, in the words of Foreign Minister Ine Eriksen Søreide, “invite human rights defenders, peacemakers and other experts to inform Council ”to ensure it is“ as transparent as possible and that important voices are heard before decisions are made.
This is all very commendable, which is what makes the Telenor affair so baffling. In July, “after considering all alternatives and all possible events,” the largely state-owned Norwegian telecommunications provider agreed to sell its Myanmar business to Lebanese company M1 Group. According to the Center for Research on Multinational Corporations (SOMO), M1 is “infamous for its business activities in countries with totalitarian and violent extremist regimes”. In 2012, the telecommunications company MTN Syria, a subsidiary of MTN of which M1 is the main shareholder, undermined the leaders of the protest by blocking text messages at the request of Bashir al-Assad’s regime. In 2013, MTN installed “lawful surveillance equipment” for its mobile network in South Sudan during a crackdown on government criticism by state security forces.
The Burmese military is also pressuring companies to implement mandatory surveillance capabilities. It is feared that given its track record, the M1 group will hand over the contact details of some 18.2 million Telenor users to the military junta, placing human rights defenders even more clearly in the crosshairs.
The leader of the junta, Senator General Min Aung Hlaing, is well versed in the use of technology as a weapon. The Burmese military has used Facebook as a tool to spread propaganda and incite genocidal atrocities against the Rohingya. The consequences of Min Aung Hlaing’s access to the personal data of millions of Telenor customers – data that could show who users called, when, and for how long, and could allow targeted interceptions of phone calls – would be catastrophic.
Telenor has been operating in Myanmar since 2014, a decision which at the time, the group said, was based on “a thorough human rights impact assessment as part of due diligence.” The Norwegian government has a 53 percent stake in Telenor.
On February 1 of this year, the Burmese army attempted a coup. He failed, and about nine months later, the military is still unable to consolidate its control over the country’s territory, infrastructure or institutions. But his efforts were bloody. He used murder, torture and sexual violence. He locked up peaceful protesters. He attacked and razed villages, destroying and looting property. It has set up military courts to try civilians, sentencing children under 18 to death. The military has also militarized a recent wave of COVID-19 resurgence by denying access to medical treatment, drugs, oxygen and vaccines. An unknown number of people have died as a result and millions have been plunged into poverty.
Telenor and Norway have both denounced these atrocities. And, to its credit, Telenor acted principled after the attempted coup. He pushed back against illegal directives from the military junta, including its demands that Telenor and other telecommunications operators install invasive interception technology. In doing so, Telenor has earned the respect of the international community, Myanmar civil society and its millions of users.
Sadly, the same can’t be said for its poorly planned release. The Multinational Corporations Research Center, in coordination with 474 Myanmar civil society organizations, lodged a complaint against the sale with the Norwegian National Contact Point (NCP) for the OECD Guidelines for multinational companies and, after an initial assessment, the watchdog found merit in the complaint. Mediation may well follow. This offers Telenor and the Norwegian government an opportunity to save something much more valuable than telecommunications assets and investments: their reputation.
Telenor says its decision to sell “was not driven by financial or strategic goals”, but guided by its “commitment to its values and standards”. This commitment requires careful consideration. The potential sale of Telenor requires an assessment of any negative impact on human rights and prevention or mitigation when they arise. On that basis alone, the demands of the military junta for the installation of interception technology can make the sale completely untenable. This must be accompanied by rigorous human rights due diligence, informed by the United Nations Guiding Principles on Business and Human Rights as well as the OECD Guiding Principles.
In addition, Telenor must oblige potential buyers to meet these same standards, one condition being a general refusal to transfer users’ personal data to the military junta. And finally, as SOMO adds, there must be meaningful engagement with Myanmar stakeholders, including the Ministry of Communications, Information and Technology of the Government of National Unity and Myanmar civil society. .
These proposed steps are fully in line with Telenor’s stated compliance with the United Nations Guiding Principles and international and human rights law. They are also in line with the Norwegian government’s strong commitment to upholding human rights, transparency and listening to important voices before making decisions.
Operating during a crisis is extremely difficult, and facing a ruthless regime is dangerous. But, as Telenor’s 18.2 million users in Myanmar would confirm, restoring a broken reputation can be nearly impossible.