2018 United Nations Forum on Business and Human Rights

Brief description of the presentation:
 This presentation will rely on the reference guidance on the duty of vigilance developed by Sherpa (the "VPRG"). It will give an overview of the aspects of published Vigilance Plans that most need improvement for the second round of implementation of the law in 2019. In particular, issues of disclosure and follow-up on implementation of vigilance measures will be addressed.

Presentation objectives: 
This presentation should inform civil society’s advocacy strategies around the Vigilance Law. The elements presented could also be of utmost importance for companies wanting to comply thoroughly with the law to circumvent the risk of litigation. Indeed, it should be recalled that the Law’s judicial enforcement mechanisms will be applicable from the spring 2019.

Interpretation is provided in English and Spanish

Brief description of the presentation:
Initial experiences of a growing number of indigenous communities in jurisdictions throughout the world suggests that formalizing their own engagement rules and procedures, in the form of consultation and free prior and informed consent (FPIC) protocols, policies, templates or guidelines, can be an effective way for indigenous peoples to ensure that business activities in or near their territories only proceed in a manner that respects their rights. These living documents provide companies, financial institutions and other actors seeking to operate in or near the territories of indigenous peoples with context specific indigenous-rights-based principles, rules and frameworks within which they should operate when seeking indigenous peoples’ consent.

Presentation objectives:
The speakers will address a research project involving European Network on Indigenous Peoples members from Middlesex University London School of Law, Forest Peoples Programme and INFOE that seeks to build on these experiences and contribute to the empowerment of indigenous peoples to assert their right to self-determined development by consolidating, exploring and sharing these evolving approaches and the associated lessons and resources. The Embera Chami in the Resguardo Indigena de Canamomo y Lomoprieta in Colombia are indigenous peoples who have developed consultation and consent protocols regulating natural resource governance in their territories. A former governor of this Resguardo will address their experience and the importance of company and State adherence to their protocols to guarantee business respect for their collective land, cultural and self-governance rights.

Brief description of the presentation
In the absence of a progressive legal and regulatory environment, Lebanese and MENA corporates increasingly seek recognition for their BHR commitment by undertaking self-assessments and joining signatory initiatives. Accreditation frameworks developed in consultation with international organizations like the UN, World Bank and international development funds provide corporates with the necessary tool to go beyond local laws and demonstrate their commitment to international best practices. Research reveals how the financial industry is the most sensitive to operational and reputational risk while other industries still needs to work hard to adhere to best principles and standards in an increasingly convergent self-regulatory environment.

Presentation objectives: 
Drawing on research undertaken by Shareholder Rights, the presentation will highlight alternative approaches tackling BHR in developing economies where legal and regulatory frameworks still struggle to keeping up to par with international requirements.