Download - Session One: Latest Trends in Business and Human Rights John Morrison Iceland, 8 May 2008
Session One: Latest Trends in Business and Human
Rights
John MorrisonIceland, 8 May 2008
Early history 1215 1689 1776 1789 1792
mid to late 1800s early 1900s 1919
1939-1945 1948 1949 1951 1961 1978 1979 1989(reproduced here thanks to WBCSD)
A Short History of the Human Rights Movement
A brief history of Human Rights
A more recent history of business and human rights
1990s Supply chain (apparel) and extractive sector – growth of codes
Late 1990s Birth of multi-stakeholder approachesEarly 2000s in particular: UN Global Compact, GRI2002-2003 UN Norms on Transnational Enterprises2005 Creation of mandate for UN Special
Representative2006-2008 Three reports of UN Special
Representative2008-2010 New mandate? Institute? Other
activities?
State Duty to Protect
• Three part framework of Protect, Respect and Remedy • The umbrella under which this whole analysis sits is that
as a result of globalisation there are now “governance gaps” which have grown up and need to be addressed.
• The framework is the proposition made to address them.
John Ruggie (2008) ► « Framework »
Corporate Responsibility
to RespectRemedies
State Duty to Protect
Corporate Responsibility
to RespectRemedies
• Fostering “corporate cultures”• Sustainability reporting. • Legal liability for companies• Bilateral Investment Treaties and Host
Government Agreements• Export Credit Agencies
Protection ► Respect ► Remedies
Corporate Responsibility
to Respect
State Dutyto Protect
Remedies
• All human rights are relevant to business• Due diligence standard
- Scope, Impacts, Relationships• Actions
- Policies, Impact Assessments, Integration into management, Tracking performance
• Sphere of Influence and Complicity
Protection ► Respect ► Remedies
RemediesState Dutyto Protect
Corporate Responsibility
to Respect
Protection ► Respect ► Remedies
• Strengthening judicial capacity • National Human Rights Institutions • National Contact Points of the OECD • Non-judicial grievance mechanisms and rights-based principles• Multi-stakeholder or industry • Global ombudsman function?
Implications for the 1st Global Compact Principle
“ Businesses should support and respect the protection of internationally proclaimed human rights”
– businesses have direct responsibility to ‘respect’ human rights
– all rights are potentially relevant to any business
- ‘due diligence’ is the central concept for applying the 1st Principle
- support for integration into management system
Core business Direct employees
JV partners
Contractors
Distributors
Suppliers
National Governments
Communities
Consumers
The Media
WiderSociety
NGOs
More Less
How do we use sphere of influence?
Implications for the 2nd Global Compact Principle
“ Businesses should make sure they are not complicit in human rights abuses ”
- “Direct”, “Beneficial” and “Silent Complicity”?
∙ There is a legal bedrock (mainly direct and sometimes beneficial complicity) built on international criminal law – e.g. genocide, torture and degrading treatment, Geneva conventions, trafficking, forced labour;
∙ Some governments incorporating Rome Statute to include non-state actors;
∙ Look to local law developments (Tort Law etc.);∙ Moral senses of complicity will remain much greater
What is not my responsibility is still my problem
• “ Even if something is outside my direct sphere of influence, many will still have expectations of me. What is not my responsibility can still be my problem”
∙ - Sir Mark Moody Stuart, Chairman, Anglo American
Avoiding complicity?
What does that mean in:- Sudan- China- Iran- Saudi Arabia- Venezuela- India- South Africa- USA- Europe?
Compliance, good practice, risk or opportunity?
Opportunity
Risk Management
Compliance Good PracticeDue Diligence
Compliance, good practice, risk or opportunity?
Opportunity
Risk Management
Compliance Good Practice
Where would you place the following business dilemmas?- Shell in Nigeria- BP in Colombia- Yahoo/Google/Microsoft in China- Danish newspapers in Europe (cartoons)- Olympic sponsors and China- Water and utility/beverage companies- GE and ultrasound in India- Telecommunications in Sudan- Undocumented labour in Europe
Session Two: Business tools and a
rights-based/ rights-aware approach
John MorrisonIceland, 8 May 2008
Human rights tools – where are we now?
• UN Global Compact• Communication on Progress on Principles 1 or 2 • Communication on Progress on Principles 3,4,5 or 6• Human rights case-studies (for UNGC or anyone
else) • Reporting on human rights (GRI or other)• A shared supply chain code and/or approach
(industry, country or multi-stakeholder)• Human rights in impact assessments• ISO 26,000 process (human rights component)• Other....
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
ESSENTIAL
BEYOND ESSENTIAL
An introduction to tools
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Global Reporting Initiative
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Global Reporting Initiative
ISO 26000
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, E● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, E● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)
BLIHR
Matrix
BLIHR
Matrix
SA 8000
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
OHCHR/ UN Staff College Training
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, E● UN Office of High Commissioner on Human Rights/UN Staff College on-line training● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)
BLIHR
Matrix
BLIHR
Matrix
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Human Rights Impact Assessment
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
OHCHR/ UN Staff College Training
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, E● IFC/IBLF/UNGC A Guide to Human Rights Impact Assessment (www.iblf.org)● UN Office of High Commissioner on Human Rights/UN Staff College on-line training● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)
BLIHR
Matrix
BLIHR
Matrix
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Human Rights Compliance Assessment
Human Rights Impact Assessment
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
OHCHR/ UN Staff College Training
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, EI● Danish Institute of Human Rights Compliance Assessment (www.humanrights.dk)● IFC/IBLF/UNGC A Guide to Human Rights Impact Assessment (www.iblf.org)● UN Office of High Commissioner on Human Rights/UN Staff College on-line training● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)
BLIHR
Matrix
BLIHR
Matrix
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Human Rights Compliance Assessment
Human Rights Impact Assessment
International Alert
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
OHCHR/ UN Staff College Training
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, EITI)● International Alert – Conflict-Sensitive Business Practice (www.international-alert.org)● Danish Institute of Human Rights Compliance Assessment (www.humanrights.dk)● IFC/IBLF/UNGC A Guide to Human Rights Impact Assessment (www.iblf.org)● UN Office of High Commissioner on Human Rights/UN Staff College on-line training● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)
BLIHR
Matrix
BLIHR
Matrix
STRATEGY POLICY PROCESSES & PROCEDURES COMMUNICATIONS TRAINING MONITORING REPORTING
Human Rights Compliance Assessment
Human Rights Impact Assessment
International Alert
Global Reporting Initiative
ISO 26000
ILO based supply chain codes
OHCHR/ UN Staff College Training
The Global Compact Principles
HUMAN RIGHTS IN A BUSINESS MANAGEMENT SYSTEM
Key: ● The Global Compact Principles (www.unglobalcompact.org)● ILO Based Supply Chain Codes (e.g. FLA, ETI, EITI)● International Alert – Conflict-Sensitive Business Practice (www.international-alert.org)● Danish Institute of Human Rights Compliance Assessment (www.humanrights.dk)● IFC/IBLF/UNGC A Guide to Human Rights Impact Assessment (www.iblf.org)● UN Office of High Commissioner on Human Rights/UN Staff College on-line training● International Standards Organisation – Standard on Social Responsibility (www.iso.org)● Global Reporting Initiative – third generation indicators (www.globalreporting.org)● Human Rights Matrix (BLIHR) (www.blihr.org)● Rights and Democracy Community Human Rights Impact Assessment
BLIHR
Matrix
BLIHR
MatrixCommunity Human Rights Impact Assessment
First example of tools overlap/synergies
Name of tool Description
Conflict Sensitive Business Practice (IA) To ensure that the business practices of companies operating in conflict zones do not contribute to conflict or cause human rights abuses and contribute to social and economic development.
Human Rights Impact Assessment (IBLF/IFC/UNGC)
To provide companies with a process for assessing potential human rights impacts and making appropriate management decisions
Human Rights Compliance Assessment (DIHR)
A diagnostic self-assessment tool to help companies detect risks of human rights violations caused by the effects of company operations on employees, local residents and other stakeholders.
Community Human Rights Impact Assessment (R&D)
To develop a process through which affected communities can understand the impact of foreign investment in human rights terms.
Human Rights Matrix (revised)
(BLIHR)
A tool for companies to map policies and practice against the content of the Universal Declaration and to prioritize against what is essential, expected and desirable.
Human Rights Impact Assessment type tools
Second example of tools overlap/synergies
Applying tools and learning in practice
Three case-studies:
• First tier suppliers in Jordan• ABB• Statoil
Discussion:
Jordan: The key drivers for international business
Reputational riskOperational risk – social licence to operateLegal and Financial riskPressure from GovernmentPressure from institutional investorsStaff retention and motivationLeadershipProductivity – belief in a business caseStaying ahead of international regulationHumanitarian or moral reasonsOther reasons
Jordan: The key drivers for exporters
Pressure from BuyersRiskReputationPressure from GovernmentPressure from WorkersLeadershipProductivity – belief in a business caseStaying ahead of regulationHumanitarian or moral reasonsOther reasons
Forced labour – an issue of international criminal law
"...all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.“
(ILO Convention 29)
Where is the line?
Acceptable Unacceptable
1. Compulsory Overtime2. Confiscation of travel document3. Payment of recruitment fees4. Denial of right to strike5. Making deductions from wages6. Stopping food and meals7. Paying wages in other ways than JDs8. Limits to holidays and sick leave9. Informing police
Session Three: The role of GC Nordic Network
on Human Rights
John MorrisonIceland, 8 May 2008
Business Leaders Initiative on Human Rights
2003-2009“ Making human rights a reality in business practice and inspiring other businesses to do likewise.”- Tools for Business Management- Minimum standards- Accountability Mechanisms- Good governance in sensitive countries- Human rights in Emerging Economies- Mainstreaming in business associations