Human Rights in Business Berlin- March 2015

Carlos Cordero Sanzinfo@sustentia.com

2

Our prespective

From 2004, Sustentia has been involved in Business and Human Rights Spain, Europe, Latin-America and Asia; and with different stakeholders. i.e: Colombia

Multistakeholder - capacity building to dialogue on implementation Capacity building to Public Sector Regional workshops Training to Ombudsman : Defensoria del Pueblo

Latin American Regional Consultation on NAPs (2014) - ICAR and DIHR

Awareness and advice to lawyers firms & associations in Spain

Human Rights in Business- perspective and challenges

3

UNGP B&HR shall be consider systemic and interrelated

1. The UNGP is not bidding tool itself, but to address duties and responsibilities, included in it, bidding measures shall be developed and implemented

2. Effectiveness of UNGP depends mainly of how the Governments and the Corporations develop in practice their duties and responsibilities

3. The 3 pillars are deeply linked and interrelated: one pillar produced effect to the rest

4. The third pillar access to effective remedy is a consequence of the other 2: effective measures to protect, and effect due diligence

Human Rights in Business- perspective and challenges

4

1. There is big gap between the UNGP propose and the current situation in legislation, instruments, policies, international agreements, and capacities

2. Key issues have not been addressed effectively : extraterritorial issue ;parent companies; Forum Non Conveniens – civil law; right to know and access to the information; requirements on Due diligence

3. The policy coherence is not assured, national level and international treaties

4. few NAPs, very vague & poor in ambition

5. very low knowledge on B&HR in the policy makers, public officials and judicial actors.

State duty to protect

Human Rights in Business- perspective and challenges

5

1. not clear public requirements or expectations on due diligence

2. very low knowledge on B&HR, in managers, employees and lawyers

3. more HR commitments, than implemented effectively in the management system

4. few corporations have done risk and impact assessment.

5. not clear view on the potential legal risk.

6. Transparency and the access to relevant information very restricted.

Corporate responsibility to respect

Human Rights in Business- perspective and challenges

6

1. Shall be urgently addressed by states and corporations- it has received very poor resources, but it is the main problem.

2. false dilemmas: local remedy vs. international remedy; operational vs. judicial; non judicial vs. judicial; non public vs. public.

3. effectiveness in remedy are based in global systemic approach4. operational grievance mechanism ,few and not very effective in remediation5. big confusion on the term remedy, not be focus on the effects- restorative

justice.6. practical barriers to accessing remedy- economic, awareness and capacity

building

Access to remedy

Human Rights in Business- perspective and challenges

Thank you