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An introduction to business and human rights and the United Nations Global Compact human rights principles International Human Rights Day 2009 Webinar, 10 December 2009, 10:00 – 11:30 am, New York time In collaboration with Presented By

Instructions during the webinar • If you haven’t already done so, please mute your line (To mute/unmute your line, press *6) • Muting your line when you are not speaking will help keep background noise to a minimum. • Please hold questions/comments until the interactive part of the webinar (ie. 11:10 am NY time) • This will ensure we get through the full agenda in the time available. • Click “raise hand” to indicate that you want to speak • During the interactive part of today’s webinar, click “Raise Hand” on the top left hand side of your screen. The moderator will then call on participants in the order in which they raised their hand. • NB. We are making an audio recording of the presentations. The recording and slides will be available for download from the UNGC website after the webinar.

Webinar Hosts

10:00 to 10:05 Welcome, instructions for the webinar, and introduction of series hosts 10:05 to 10:10 Agenda for the call 10:10 to 10:20 The case for Business and Human Rights The importance of the topic The right thing to do and good for business 10:20 to 10:50 The UNGC human rights principles Respect and support human rights Avoid complicity in human rights abuse 10:50 to 11:00 The Special Representative of the Secretary-General on Business and Human Rights Introduction and Recent Developments Consultation 11:00 to 11:10 Introduction of the tools/guidance materials Overview document summarizing some key business and human rights tools ***Future webinars will address in more detail specific business and human rights guidance materials 11:10 to 11:25 Q & A and comments, including any feedback on areas and tools/guidance materials that participants would like to see covered in future webinars. 11:25 to 11:30 Wrap up AGENDA

Business and Human Rights An introduction to business and human rights and the United Nations Global Compact human rights principles

Business Relevance: • Societal expectation that companies: • Respect all human rights, meaning • No violations committed by companies • Avoiding complicity • Fill the “governance gap” • Business operating in states with weak rule of law

Business Relevance • There is a strong business case: • Mitigating legal risk • Mitigating reputational risk • Engaged and productive employees • Improved operating environment • Mitigating protests against company facilities and operations • Access to capital: divestment and delisting decisions of investment funds.

The Human Rights Principles of the Global Compact Respect and Support for Human Rights (Principle 1) Businesses should support and respect the protection of international human rights 1 2 Avoiding Complicity (Principle 2) Businesses should make sure they are not complicit in human rights abuses

Respecting Human Rights To respect human rights means not to infringe on human rights i.e. not to have negative impacts on the enjoyment of human rights. To identify risks of negative human rights impacts, consider: • the context in which the company is operating; • its activities; • and relationships.

Which human rights should business respect? • Those contained in International Bill of Human Rights and core ILO Conventions. • Business should not infringe on any human right. • Give consideration to actual and potential negative impacts on any and all rights, but some actual or potential impacts will require more consideration.

How can a company make sure that it respects human rights? Undertake due diligence!

What is human rights due diligence? Human rights due diligence = ongoing process taken to identify, prevent and mitigate negative human rights impacts.

What are the elements of a due diligence process? “AHuman Rights Management Framework” Some especially important elements: • Adopt a human rights policy (integrated or stand-alone) • Assessing impacts • Integration of human rights policies throughout a company (including leadership from the top, training, building capacity to respond appropriately when unforeseen situations arise) • Tracking performance (monitoring and auditing processes), hotlines etc • Communication on progress

Supporting human rights Businesses may have capability and desire to also support and promote human rights within their sphere of influence • to be socially responsible and • because of the business case

Sphere of influence

Avoiding complicity Complicity in human rights abuses where a corporation knowingly provides practical assistance, encouragement or moral support that has a substantial effect on the perpetration of the abuse. = Idea that company contributes in some way to the human rights abuses committed by another

Elements of complicity Complicity is made up of the following two elements: • An act or omission (failure to act) that helps (i.e. facilitates, legitimizes, assists, encourages etc) another in some way to abuse human rights • Knowledge by the company that its action or omission could provide such help

Types of complicity Three situations illustrate how allegations of corporate complicity may arise: • Direct complicity – When a company provides goods or services that it knows will be used to carry out the abuse. • Beneficial complicity – When a company benefits from human rights abuses even if it did not positively assist or cause them. • Silent complicity – When the company is silent or inactive in the face of systematic or continuous human rights abuse. (This is the most controversial type of complicity.)

U.N Special Representative of the Secretary-General for business and human rights By Christine Bader, Advisor to the Special Representative Introduction and Recent Developments Consultation

History • John Ruggie appointed UN Secretary-General’s Special Representative for business & human rights in 2005 • Appointment followed Human Rights Council’s dismissal of the “draft Norms” • Ruggie asked to “identify and clarify standards of corporate responsibility” with respect to human rights, including the role of governments

Ruggie’s work to date • Extensive consultations, research, and outreach • In 2008, presented “Protect, Respect, Remedy” framework • Framework welcomed by the Human Rights Council • New three-year mandate to develop more specific, practical guidance • Term ends in 2011

The U.N. “Protect, Respect, Remedy” framework • The State duty to protect against human rights abuses by third parties, including business • The corporate responsibility to respect human rights • Greater access to remedy for victims of corporate-related abuse, judicial and non-judicial

Online consultation • Now through February 2010 • www.srsgconsultation.org • Please join!

For more information • John Ruggie’s web portal is hosted by the independent non-profit Business & Human Rights Resource Centre • www.business-humanrights.org

GLOBAL BUSINESS INITIATIVE ON HUMAN RIGHTS Introduction to Business and Human Rights Tools and Guidance Materials KATHRYN DOVEY, DIRECTOR - GBI

Getting Started A Human Rights Management Framework Guide for Integrating Human Rights into Business Management Business and Human Rights Resource Centre Human Rights Translated

Identifying and Prioritizing Human Rights Concerns Human Rights Matrix - BLIHR/Global Business Initiative on Human Rights Danish Institute for Human Rights’ HRCA Quick Check and Human Rights Compliance Assessment

Finding or contributing Solutions to Specific Business and Human Rights Dilemmas Human Rights Dilemmas Forum

Human Rights Policy Statements Business and Human Rights Resource Centre

HRIA Guidance and Integration into Existing Impact Assessment Methodology IBLF/IFC Guide to Human Rights Impact Assessment and Management Danish Institute Country Risk Assessment Portal Danish Institute Human Rights Compliance Assessment

Introducing/Strengthening existing Grievance Mechanisms BASESWiki Rights-Compatible Grievance Mechanisms: A guidance tool for companies and their stakeholders

Guidance on Reporting on Human Rights Performance Practical Guide on Communication on Progress NEW!! Resource Guide to Corporate Human Rights Reporting

Interactive component Q & A and comments, including any feedback on areas and tools/guidance materials that participants would like to see covered in more depth in future webinars in this series. • Instructions: • Click “Raise Hand” (top left of your screen) to indicate your desire to speak. • When the moderator says your name, press *6 to un-mute your telephone so you can be heard. After you have spoken, press *6 again to re-mute your telephone.

Thank You From Your Hosts… The United Nations Global Compact brings business together with UN agencies, civil society and governments to advance ten universal principles in the areas of human rights, labour, environment and anti-corruption. It is the world’s largest voluntary corporate citizenship initiative. Website: http://www.unglobalcompact.org Contact: Ursula Wynhoven (wynhoven@un.org) or Lauren Gula (gulal@un.org) The Office of the United Nations High Commissioner for Human Rights (OHCHR) is responsible to the UN Secretary-General for encouraging the international community and nation States to uphold universal human rights standards. OHCHR seeks to work with an ever wider range of actors, including the private sector, to promote respect for and commitment to human rights as widely as possible. Website: http://www.ohchr.org Contact: Lene Wendland (lwendland@ohchr.org) BSR works with its global network of more than 250 member companies to develop sustainable business strategies and solutions through consulting, research, and cross-sector collaboration. Website:http://www.bsr.org/consulting/services/human-rights.cfm Contact: Faris Natour (fnatour@bsr.org) The Human Rights and Business Project of the Danish Institute for Human Rights conducts research and builds tools aimed at improving company compliance with international human rights standards. Website: http://www.humanrights.dk/business Contact: Rita Roca (rro@humanrights.dk) The Global Business Initiative on Human Rights provides a platform for companies from different industrial sectors across the world to show leadership as well as providing a supportive environment in which to learn how to respect and support human rights and integrate them into the management of their business. Website: www.global-business-initiative.org Contact: Joanna Clark (jo.clark@global-business-initiative.org) The Institute for Human Rights and Business engages with the private and public sectors and civil society in all aspects of its work, providing analysis on key business and human rights issues, as well as developing path-breaking research, consultative processes and policy recommendations on select key challenges in the field. Website: www.institutehrb.org Contact: Kate Timperley (info@institutehrb.org) The International Business Leaders Forum provides strategic counsel to companies to enable them to understand and respond to the development challenges that they face, particularly when operating in transition and emerging economies. Website: http://www.iblf.org/ Contact: Lucy Amis (lucy.amis@iblf.org)

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