2018 United Nations Forum on Business and Human Rights

Organized by Academic Friends of the OECD Guidelines, BHRights Initiative for Interdisciplinary Research and Teaching on Business and Human Rights, Business and Human Rights Young Researchers, Business Schools Promoting Business and Human Rights, European Inter-University Centre for Human Rights and Democratization, International Law Association Reading Group on Business and Human Rights, Oxford Business and Human Rights Network.

Brief description of the session:
This session will explore the complex role of business & human rights academic networks of research and teaching in the business and human rights field. Building on the diverse roles that academic networks (understood in a broad sense) can fulfil - such as interpreting, training, facilitating, validating, expert cooperation and consulting - the roundtable aims to open the floor for a wide critical engagement with stakeholders in order to unpack the contribution that academic activities bring to various business and human rights stakeholders and in order to explore new ways of enhancing stakeholder engagement as well as impact.

Session objectives: 
This session aims to:

• Stimulate an interactive discussion with all BHR stakeholders on the role of BHR academic, research and teaching networks and of the multiple perspectives they bring to BHR.
• Provide a platform for multi-stakeholder discussion about whether and how the academics and BHR research and teaching networks, themselves as stakeholders, contribute to shaping the BHR discourse, policy and practice.
• Explore how the BHR networks shape and advance our understanding of how to effectively address corporate human rights challenges
• Reflect on how to preserve critical engagement and independence of thinking in a highly polarised and politicised environment.

Key discussion questions:

• How do research and teaching in these networks help advance the BHR thinking and practice? Which audiences and stakeholders do they reach or should aim to reach?
• How do they contribute to identifying and building on what works in BHR?
• What is the role of ‘action research’ within the BHR scholarly networks? To what extent do the BHR networks engage directly yet critically within the field?
• What is the ‘sphere of influence’ of such BHR networks? How could researchers and BHR networks contribute to enhancing the impact of research results and insights within universities and business schools, as well as externally, among other stakeholders such as businesses, NGOs, government, the media?
• Where do research and teaching on BHR happen and to what extent do other stakeholders have access to those knowledge platforms? Are there regional distinctions? Where are the gaps?
• Should interdisciplinarity be put more firmly on the agenda, promoting systematic collaborations in research and through co-teaching modules? Would (global interdisciplinary) teaching programs (whether in academic or professional settings) be of more use?
• What is the social responsibility that is at stake here? To what extent are these networks developing a ‘scholarly due diligence’, that embeds meaningful engagement with stakeholders?
• Do BHR networks contribute to creating synergies between research and teaching in the field?
• Should research or teaching within these networks be aligned or would this hamper innovative thinking? What is the scope of stakeholder engagement in these activities?
• To what extent are BHR research and scholarship being shaped by funding opportunities or the lack thereof? How can the networks engage with stakeholders – government, businesses, funding bodies – in order to secure both sustainability and impact in research?
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Tentative agenda:
Part I - Introduction by the represented networks
Representatives from the different BHR networks organizing the session will commence with short introductory remarks, presenting briefly selected issues for reflection and debate.

Part II -  Multi-stakeholder dialogue 
The questions set out for discussion will be used to stimulate debate and stakeholder engagement, inviting the audience to reflect on those issues and to identify additional ideas for advancing BHR research and teaching within a multi-stakeholder perspective.

Stakeholders that wish to engage with the proposed issues and share their experience and perspective on being part of a BHR network or on engaging as stakeholders with BHR scholarly platforms will be invited to share their perspective during short interventions of 2-3 minutes or by raising questions and taking part in the debate. The BHR stakeholders and networks that are considering participating in the session with a tabled intervention are encouraged to pre-register, by emailing the organisers at a.voiculescu@westminster.ac.uk. Participants may also submit written statements, before or soon after the session. In the hope of continuing the dialogue, following the debate, the roundtable organisers will aim to disseminate a brief report, summarising the session’s key points. This will be based on the discussion, tabled interventions and submitted written contributions.

Background to the discussion: 
In the past years, a number of academic, research and teaching networks have emerged in the business and human rights (BHR) arena, becoming both creations and co-creators of the BHR field. Reflecting the complex make-up of the field itself, the focus of these networks varies greatly, yet they all aspire to address the points of tension between business activities and human rights, as well as the global challenges that stem from these points of tension. Some of these networks take a broad approach, engaging actively - through research and teaching - with all fields of BHR reflection, policy and practice, while others support specific instruments, such as the UNGPs, the OECD Guidelines or the Global Compact; some engage specific stakeholders - immigrant workers, indigenous populations, refugees - while yet others focus on growing - in classrooms and amphitheatres - generations of BHR-minded lawyers, business managers, financial advisers or, indeed, researchers; some aim for a global reach, while others have a regional or local focus; some are discipline-anchored (management, organization studies, business ethics or law), while others put forth interdisciplinary approaches. In this context, BHR networks develop – and depend – on complex interactions with multiple stakeholders.

Organized by the UN Working Group on Business and Human Rights

Brief description of the session: 
The session will provide an overview of the background and key elements of the UN Guiding Principles on Business and Human Rights.

Session objectives: 
To enable newcomers to the business and human rights field to get a good understanding of the UN Guiding on Business and Human Rights.

Background to discussion:
The Guiding Principles on Business and Human Rights for implementing the UN “Protect, Respect and Remedy” Framework is the authoritative global framework on business and human rights. The mandate from the Human Rights Council for the annual Forum on Business and Human Rights is focused on discussing challenges and lessons learned in implementing the UN Guiding Principles. Participants who are new to field can therefore benefit from this introductory briefing session on the background and key components of the Guiding Principles.

Organized by the International Labour Organization (ILO)

Brief description of the session:
This session will address corporate human rights due diligence in relation to labour rights, showcasing good practices and lessons learned. It will look into such processes within a company’s own operations as well as in its business relationships with other enterprises.

Session objectives:

• Facilitate exchange of experiences on how corporate human rights due diligence processes can help enterprises to identify, prevent, mitigate and account for adverse labour rights impacts, including the fundamental principles and rights at work, working conditions, OSH, hours of work, wages, etc.
• Provide examples of meaningful consultation with potentially affected groups and other relevant stakeholders, and the central role of freedom of association and collective bargaining as well as industrial relations and social dialogue in this process.
   

  Key discussion questions:

•  How have the UNGPs been reflected in new international labour standards and the revised ILO Tripartite Declaration concerning multinational enterprises and social policy (MNE Declaration)?
• How are business enterprises in all tiers of the supply chain engaging with workers' organizations as part of their efforts to engage in meaningful consultation with potentially affected groups in order to “take account of the central role of freedom of association and collective bargaining as well as industrial relations and social dialogue as an ongoing process” as set out in the ILO MNE Declaration? How does consultation with trade unions differ from engagement with other relevant stakeholders?
• What is the role of governments in this consultation and how are governments supporting this engagement?
• What have been some of the challenges and lessons learned?
• What sustainable solutions have resulted from such due diligence processes? What role did meaningful engagement with, or involvement of, workers and their representatives play in those efforts?

 Format of the session:
The session will be in the format of a roundtable discussion with open discussions with the audience.
 
Background to the discussion :
Under Pillar 2 of the UN Guiding Principles on Business and Human Rights (UNGPs), enterprises should carry out due diligence to identify, prevent, mitigate and account for how they address their actual and potential adverse impacts that relate to internationally recognized human rights, understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work (FPRW). The 1998 Declaration sets out rights in four categories: freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.
2018 marks the 20th anniversary FPRW Declaration (1998), which provides an opportunity to look at how effective due diligence processes can help companies to identify and assess the impacts of their operations on labour rights. The 2017 revised text of the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) includes a specific paragraph on due diligence in order to incorporate the concept of due diligence set out in the UNGPs. The MNE Declaration states that "In order to gauge human rights risks, enterprises – including multinational enterprises – should identify and assess any actual or potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships. This process should involve meaningful consultation with potentially affected groups and other relevant stakeholders including workers’ organizations, as appropriate to the size of the enterprise and the nature and context of the operation. For the purpose of achieving the aim of the MNE Declaration, this process should take account of the central role of freedom of association and collective bargaining as well as industrial relations and social dialogue as an ongoing process”.
Additionally, ILO has referenced due diligence in the Protocol of 2014 to the Forced Labour Convention, the Recommendation No. 205 on Employment and Decent Work for Peace and Resilience, 2017 and the Resolution and conclusions concerning decent work in global supply chains adopted by the International Labour Conference in 2016.


Interpretation is provided in Korean.

Brief description of the presentation:
The UN Guiding Principles (UNGPs) indicate the need for regular operational-level human rights impact assessments as part of human rights due diligence (HRDD). In order to hold each other accountable to the global minimum standard for responsible business conduct, the UNGPs,  companies need to develop an expected level of information to be exchanged in business relationships, documenting that appropriate HRDD is in place. This way business partners can be mutually assured that the relationship does not expose the partners to unmanaged risks.

Presentation objectives: 
This snapshot session centres on the need to be able to document HRDD. Subsequent sessions seek to illustrate what documentation of HRDD may look like in practice, and how the use of the UNGPs as the common reference point can scale up respect for human rights. How to make HRDD concrete, pragmatic, practical and effective? And how to document the work, stressing the importance of building internal capacity for implementation and maintenance of HRDD.

http://webtv.un.org/meetings-events/human-rights-council/forum-on-business-and-human-rights/watch/panel-on-human-rights-due-diligence-forum-on-business-and-human-rights-2018/5972028985001/?term=

Organized by the UN Working Group on Business and Human Rights in collaboration with the OECD

Short description of the session:
The UN Guiding Principles on Business and Human Rights clarify that all business enterprises have an independent responsibility to respect human rights, and that in order to do so they are required to exercise human rights due diligence to identify, prevent, mitigate and account for how they address impacts on human rights. The introduction of this concept was one of the major contributions of the Guiding Principles.
The 2018 release of the OECD Due Diligence Guidance for Responsible Business Conduct provided another important step forward in helping clarify what human rights due diligence involves in practical steps. As it is in full alignment with the UN Guiding Principles, these two frameworks together provide a solid foundation promoting and scaling up responsible business conduct in a coherent and effective way. Also issued in 2018, a report by the UN Working Group on Business and Human Rights on to the UN General Assembly further highlights key features of human rights due diligence and why it matters; gaps and challenges in current business and Government practice; emerging good practices; and how key stakeholders — States and the investment community, in particular — can contribute to the scaling-up of effective human rights due diligence.

Session objectives
This Forum session takes place against this background with a view to:

• Highlight the essential elements of human rights due diligence set out in the UN Guiding Principles and the OECD Due Diligence Guidance.
• Demonstrate the close alignment between these two frameworks.
• Engage stakeholders in a discussion on the way forward for achieving wider and comprehensive uptake of human rights due diligence in standard business practice.

The discussion will also set the stage for the 27 November plenary session involving senior leaders from international organizations charged with the task of promoting corporate responsibility and responsible business, with business respect for human rights as a bedrock.
 
Background
The Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises clarify that all business enterprises have an independent responsibility to respect human rights, and that in order to do so they are required to exercise human rights due diligence to identify, prevent, mitigate and account for how they address impacts on human rights.
Human rights due diligence is a way for enterprises to proactively manage potential and actual adverse human rights impacts with which they are involved.
It involves multiple overlapping components, including (i) embedding responsible business conduct int policies and management systems; undertaking due diligence by (ii) Identifying and assessing actual or potential adverse human rights impacts that the enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships; (iii) Integrating findings from impact assessments across relevant company processes and taking appropriate action according to its involvement in the impact; (iv) Tracking the effectiveness of measures and processes to address adverse human rights impacts in order to know if they are working; (v) Communicating on how impacts are being addressed and showing stakeholders – in particular affected stakeholders – that there are adequate policies and processes in place; and (vi) providing and supporting remediation as appropriate.
The prevention of adverse impacts on people is the main purpose of human rights due diligence. It concerns risks to people, not risks to business. It should be ongoing, as the risks to human rights may change over time; and be informed by meaningful stakeholder engagement, in particular with affected stakeholders, human rights defenders, trade unions and grassroots organizations. Risks to human rights defenders and other critical voices need to be considered.
Since 2011, corporate human rights due diligence has become a norm of expected conduct. It has been integrated in other policy frameworks for responsible business. The recent OECD Due Diligence Guidance for Responsible Business Conduct, adopted by 48 OECD and non-OECD countries at Ministerial level in May 2018, provides practical guidance on due diligence, including for managing human rights risks and impacts, alongside other concerns for responsible business conduct, such as anti-bribery, environment and employment and industrial relations. This Guidance was developed in close consultation with business, workers, and civil society, as well as the International Labour Organisation, the Office of the United Nations High Commissioner for Human Rights and the UN Working Group on Business and Human Rights. As such it seeks to promote a common global understanding among governments and stakeholders on due diligence for responsible business conduct.
The human rights due diligence standard is increasingly reflected in government policy frameworks and legislation, including mandatory disclosure of risks of modern slavery in supply chains, and sector specific due diligence obligations, for example on responsible mineral supply chains. In the 20 national action plans on business and human rights that have been issued to date, Governments have reaffirmed the expectation that business enterprises exercise human rights due diligence. A growing number of investors are starting to ask enterprises how they manage their risks to human rights. Also, among business lawyers there is a growing recognition that they should advise corporate clients to exercise human rights due diligence. In the world of sports, human rights due diligence processes have become an integral part of the selection process for mega sporting events. Among business enterprises, a small but growing number of large corporations in different sectors have issued policy statements expressing their commitment to respect human rights in line with the Guiding Principles and OECD Guidance. Several such enterprises are developing practices that involve ongoing learning and innovation around the various components of human rights due diligence.
However, while a small group of early adopters are showing the way and good practices are building up, considerable efforts are still needed, as the majority of enterprises around the world remain either unaware of their responsibility, or unable or unwilling to implement human rights due diligence as required of them in order to meet their responsibility to respect human rights. The fundamental challenge going forward is to scale up the good practices that are emerging and address remaining gaps and challenges. That will require concerted efforts by all actors. Evidence of what constitute some of the strongest drivers for changing business practice suggests that governments and investors have a key role to play. For Governments in particular, addressing and closing market and governance failures is an inherent part of their duties.

Interpretation is provided in Korean

http://webtv.un.org/meetings-events/human-rights-council/forum-on-business-and-human-rights/watch/plenary-ii-building-coherence-forum-on-business-and-human-rights-2018/5972065478001/?term=

Interpretation is provided in English, French, Spanish and Korean.

Under the title “Building coherence and reaching scale on human rights due diligence – International organizations' leadership perspectives”, the plenary convenes senior leaders from the UN and international organizations working to promote responsible business conduct and sustainability.
The high-level plenary provides an opportunity for signaling alignment of international standards and action to promote corporate respect for human rights, as well as for reinforcing the message that business respect for human rights must be at the heart of corporate contributions to the 2030 Agenda for Sustainable Development.
A central aim is to signal alignment on the importance of corporate human rights due diligence to enable business enterprises meet their responsibility to respect human rights.

Interpretation is provided in English and Spanish.

Organized by the Permanent Mission of Ecuador

Short description of the session:
The turning point of the process of the elaboration of a treaty on business and human rights pursuant to Human Rights Council Resolution 26/9, was unequivocally the release of a victims-oriented draft legally binding instrument (Zero Draft) in July 20th, prepared by the Chairmanship of the OEIGWG, and complemented by a draft optional protocol to that draft treaty, following the recommendations of the Third Session of the OEIGWG and on the basis of the discussions of the three first sessions of the Working Group, the inputs provided by States and other relevant stakeholders during the large number of bilateral and multilateral consultations held during the intersessional periods and the insights provided by several experts from different regions and profiles, in accordance with operative paragraph 6 of HRC Resolution 26/9.
The Fourth Session of the OEIGWG held only a few weeks ago (15 to 19 October 2018), which included the participation of 95 States, more than 400 representatives of other relevant stakeholders, members of national and regional parliaments and 30 experts from all over the world, witnessed the first reading of the draft legally binding instrument with a clear substantive engagement from an important number of participants, through their proposals, comments, suggestions and questions in relation to the different provisions of the draft treaty. Nevertheless, as part of the efforts to achieve the widest possible participation and engagement in this process, the Chairmanship of the OEIGWG is organizing this parallel session with a view to provide an update on the results of the Fourth Session, including in the light of the recommendations of the Chair-Rapporteur and the conclusions of the Working Group adopted at the end of that session.
 
Session objectives: 
Taking into account the background of the overall process of the legally binding instrument on business and human rights, and the recommendations and conclusions of the Fourth Session of the Working Group mentioned above, the main objective of the parallel session organized by the Chairmanship of the OEIGWG is to share with all the interested participants of the 2018 UN Forum on Business and Human Rights the most updated information and assessment of the process towards the elaboration of a legally binding instrument on business and human rights, in light of the results of the Fourth Session and its positive impact to the full implementation of the mandate of HRC Resolution 26/9.

Format of the session: 
The session will be open to States and other relevant stakeholders and will be held in English. It will consist of presentations by invited panelists, followed by an interactive dialogue.

Background: 
The Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights was established by the Human Rights Council Resolution 26/9 of June 2014, with the concrete mandate “to elaborate an international legally binding instrument on transnational corporations and other business enterprises with respect to Human Rights”. Pursuant to this mandate, since 2015 the OEIGWG has held four annual sessions, which have enjoyed the participation of a growing number of States and representatives from intergovernmental organizations, NGOs, academia, private sector and trade unions, among other participants, in a comprehensive, transparent and inclusive manner.
During these years, in spite of the remaining different views and proposals with respect of several substantive elements of the discussion as well as on process, there has been an undeniable progress in the recognition of the usefulness of legally binding norms and standards for the effective protection and prevention against corporate-related human rights violations or abuses, and the enhancement of the access to justice and remedy for the victims of such abuses or violations. The process has also served to demonstrate the mutual complementarity between the implementation of the UN Guiding Principles on Business and Human Rights and the elaboration of a legally binding treaty.
The Fourth Session concluded with the adoption of the recommendations of the Chair-Rapporteur and the conclusions of the Working Group, which included inter alia, the invitation to States and other relevant stakeholders to submit comments and proposals on the draft legally binding instrument by the end of February 2019, and the request to the Chair-Rapporteur to prepare a revised draft by the end of June 2019, to serve as the basis for direct substantive intergovernmental negotiations during the Fifth Session of the OEIGWG.

Interpretation is provided in English and Spanish

Brief description of the presentation:
The first part of the presentation will zoom in on the effectiveness of the National Contact Points (NCPs) dispute resolution mechanism at the OECD Guidelines for Multinational Enterprises. It will discuss two NCP cases on labour conditions: the Heineken Bralima case, in which the Dutch NCP has facilitated a favorable mediated settlement for the workers, which included compensation for damages; and the less successful case of Daewoo in Korea, which has not resulted in a beneficial solution for the workers.
The second part will illustrate current monitoring mechanisms to assess compliance with the OECD Guidelines (and UNGPs) such as certification and third party monitoring. It will also discuss positive and negative implications of IT-developments, the use of blockchain and of artificial intelligence on transparency, traceability and effective monitoring.

Presentation objectives:
To present the factors contributing to success building on NCP cases, and to introduce a three-year program by the Worldbank, Pels Rijcken (a Dutch law firm) and Leopard Ledger (a blockchain/AI developer) aimed to develop a proof of concept of an IT-application in the palm oil sector.

Interpretation is provided in English and Spanish

Brief description of the presentation:
Areas affected by armed conflict or under occupation pose unique challenges for companies operating or wishing to operate there. In addition to international human rights law, companies must consider and respect the rules of international humanitarian law. The UN Guiding Principles make this clear by stating that companies have a responsibility to respect standards of international humanitarian law in situations of armed conflict. This includes standards designed to safeguard people living in occupied territory (the protected people under the law of occupation).  In situations of armed conflict and occupation, the risks of gross human rights abuses is heightened, and companies must be particularly careful not to exacerbate these risks. They must also be alert to the risk of contributing to or benefitting from illegal acts, such as the unlawful appropriation of land and natural resources of the occupied territory.

Presentation objectives:
The purpose of Amnesty’s snapshot presentation will be to discuss the implications of the corporate responsibility to respect human rights in situations of occupation. Examples will be used to illustrate the challenges and impact on people’s lives. Innovative ways for States and the UN to ensure both act in line with their respective international law duties and responsibilities in these situations will also be discussed.

Interpretation is provided in English and Spanish

Brief description of the presentation:
This session aims to present briefly the Sonora case and related recent decision by the Mexican Supreme Court in September 2018. On 6 August 2014, 40 million liters of copper sulphate were spilled by Buenavista del Cobre, property of Grupo Mexico, into the Bácanuchi and Sonora rivers, impacting on the access to clean water, health and livelihoods of almost 25,000 people along the río Sonora watershed. Since 2014, affected peoples and communities have been seeking justice, integral remediation and guarantees of non-repetition. In the last four years, several irregularities have been committed by both the authorities and the company, including the beginning of the expansion of the mine. In September 2018, the Mexican Supreme Court ruled in favor of the community of Bacanuchi regarding the lack of consultation before granting the permits for such expansion, thus re-affirming the constitutional right to participate in environmental matters by affected communities.

Presentation objectives:
A representative of affected communities will share her testimony, and PODER will share more information on the case and the potential this ruling has in advancing the fulfilment of the right to participation in the context of business activities in Mexico and internationally.

http://webtv.un.org/meetings-events/human-rights-council/forum-on-business-and-human-rights/watch/plenary-iii-forum-on-business-and-human-rights-2018/5972698700001

Description
The Forum will conclude with statements by key stakeholder constituencies to:

• Highlight key messages from Forum discussions on how to advance corporate respect for human rights and make human rights due diligence part of standard business practice.
• Reiterate the most critical gaps and challenges as well as the most promising innovations, emerging practices and collective action efforts.
• Hear calls for action from diverse stakeholders on the need for speeding and scaling up implementation of all three pillars of the UN Guiding Principles on Business and Human Rights (“Protect, Respect and Remedy”).

The UN Working Group on Business and Human Rights that guides and chairs the Forum will wrap up the event by sharing their reflections on key takeaways and implications for the way forward for all stakeholders, including by taking stock of progress toward their “2020 roadmap” presented at the closing of the 2017 Forum.

Key references

• Working Group report on human rights due diligence to the 2018 General Assembly / executive summary 
• Working Group’s ten key recommendations on connecting the Guiding Principles and the SDGs
• Working Group’s “2020 roadmap”