We are writing to the United Nations Global Compact in support of its mission to urge companies to align their practices with universal principles concerning human rights, labour, anti-corruption, and the environment. Specifically, we aim to shed light on the breaches of Principles 1, 2, 3, and 4 of the UN Global Compact's Ten Principles by State Atomic Energy Corporation Rosatom, a participatory company. A recent report published by Truth Hounds, titled “In a Nuclear Prison: How Rosatom turned Europe’s largest nuclear power plant into a torture chamber and how can the world stop it,” sheds light on the atrocities committed by the Russian occupying forces at the Zaporizhzhia Nuclear Power Plant (ZNPP) with the knowledge of Rosatom State Nuclear Energy Corporation (Rosatom), that has been illegally operating the ZNPP.
The ZNPP, Europe’s largest nuclear facility, fell under the control of Rosatom, the Russian Federation’s atomic energy corporation, around March 11th, 2022. As highlighted in the report, Rosatom's actions constitute violations of various international nuclear treaty obligations, international humanitarian, human rights, and criminal laws, as well as key international frameworks such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), the Organization for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises, and the UN Global Compact.
On March 12th, 2022, employees affiliated with Rosatom assumed operational control of the ZNPP. Eyewitness reports and evidence detailed in the report reveal that these Rosatom employees actively collaborated with officers from the Federal Security Services of the Russian Federation (FSB). Their joint efforts encompassed a coercive initiative involving intimidation tactics to compel cooperation, pressuring employees to report to both the Russian military and Rosatom personnel, and pressuring existing ZNPP staff to sign new labour contracts with Rosatom. On October 5th, 2022, ZNPP was unlawfully appropriated as Russian state property by presidential decree.
The report highlights Rosatom's collaboration with the Russian military in conducting a “systematic, widespread campaign of abductions, torture, and murder of ZNPP staff and Enerhodar residents.” It is estimated that one thousand individuals have been tortured in this campaign, which includes, but is not limited to, acts such as:
At least one person has been confirmed to be tortured to death.
Having introduced the systematic practice of torturing disloyal ZNPP workers for refusing to cooperate with Rosatom, the Russian military created a network of torture chambers, part of which is located on the territory of the ZNPP industrial zone, which is managed by Rosatom. This is evidenced by the survey of witnesses of war crimes committed by Russians at the ZANP, which was conducted by the Association of Relatives of Kremlin Political Prisoners. According to information published in the media by the mayor of Energodar, Dmytro Orlov, at least 1,500 ZENZ workers and citizens have already passed through the torture chambers at the ZNPP and in Energodar, with around 100 people constantly held captive. Repression, oppression, persecution and illegal imprisonment, which were used by the Russian military with the support of the Rosatom leadership, devastated the city. Of the 55,000 residents who lived there before the invasion of the Russian occupying forces, up to 10,000 Ukrainian citizens were forced to stay in the city.
Witnesses confirm that while Rosatom employees and agents might not directly engage in the acts of torture, they possess full awareness of these practices. Their complicity is highlighted by the understanding that without their knowledge or tacit approval, the perpetration of torture would not have been possible. The report confirms that “[t]here is clear, verifiable evidence that Rosatom, as a state-run agency, and as represented by its individual employees, has been and remains fully aware of the scale of this active torture network operating within ZNPP.”
On October 5, 2020, Rosatom officially joined the UN General Assembly. At the same time, he issued the necessary Letter of Commitment, which confirms that Rosatom supports the Ten Principles of the UN General Assembly regarding respect for human rights, the environment and the fight against corruption.
General Director of Rosatom Oleksiy Likhachev stated: "Through its activities, Rosatom seeks to create favorable conditions for human life...". In particular, Rosatom undertook to comply with Principles 1 and 2 of the UN Global Declaration, which provide for "support and respect for the protection of internationally proclaimed human rights" and ensuring that "business circles are not complicit in human rights violations."
The scope of these obligations is further detailed in the UN Global Compact. First, according to Principle 11 of the UN General Assembly, "Businesses must respect human rights. This means that they must avoid violating the human rights of others and must eliminate the adverse impact on human rights in which they are involved." Eliminating the adverse impact on human rights requires taking adequate measures to prevent, mitigate and, if necessary, compensate for the damage.
Despite its constant presence at the ZNPP since the first weeks of Russian occupation and official responsibility for its operation since October, Rosatom has not created or implemented any due diligence mechanisms to mitigate the negative consequences of its involvement in the plant's operation.
On the contrary, Rosatom's presence at the ZNPP is characterized by abuses, kidnappings, and cruel treatment of ZNPP employees and their families. The context of the ongoing armed conflict should prompt Rosatom, which is increasingly responsible for the operation of the ZNPP (despite the illegal occupation), to exercise particular caution. Instead, Rosatom did not investigate the abduction, did not consult with ZNPP employees regarding their safety, and did not take adequate measures to protect them. Rosatom continues to cooperate with the Russian occupation administration, organizing propaganda visits of priests and children to the ZNPP. Despite active cooperation with the occupation authorities, the issue of serious violations of human rights against ZNPP workers was never raised by Rosatom.
By failing to take appropriate measures to eliminate gross violations of workers' rights and mitigate the negative consequences caused by its inefficient management of the ZNPP, Rosatom violated its corporate due diligence obligations set forth in Principles 11-13 of the UN Global Partnership.
"Rosatom" contributed to the most serious violations of international law torture, cruel, inhuman and degrading treatment. It does so without proper human rights due diligence, in the context of an increased risk of human rights violations and despite direct evidence of such violations at its facilities.
Torture and cruel, inhuman or degrading treatment is a violation of the imperative norms of international law, prohibited by Art. 3 of the European Convention on Human Rights, Art. 3 of the Convention on the Protection of Human
Rights and Fundamental Freedoms of the European Convention on Human Rights, Art. 7 of the International Covenant on Civil and Political Rights, articles 32 and 147 of the Convention (IV) for the Protection of the Civilian Population in Time of War (Geneva Convention IV), article 75(2) of the Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims international armed conflicts.
Given the outlined details, Rosatom's actions potentially breach:
Despite clear evidence that Rosatom staff were engaged in a common purpose with the Russian occupying forces, which resulted in the torture, intimidation, and mistreatment of Ukrainian personnel and their families, Rosatom's involvement in these actions has not led to significant impacts in its "operations, contracts, and other agreements." The ongoing unchanged business relationships and agreements with Rosatom in the face of such serious allegations, which include risking lives, compromising safety, property damage, and environmental hazards such as radiation exposure and the release of nuclear substances, raises questions about the need for accountability of Rosatom, further imposition of sanctions, and enforcement of corporate due diligence obligations.
In light of the information presented, it's our firm belief that Rosatom's ongoing association as a participant in the UN Global Compact not only undermines the core mission of the UNGC but also validates and legitimizes Rosatom's contribution and complicity in the acts contrary to international human rights and humanitarian law.
Organizations-signatories who received this appeal:
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