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The Business of Human Rights

New Section Coming Soon

One of the ongoing features of this blog has been a literature review, a series of posts that have been dedicated to reviewing the ever-increasing literature (both recent and pioneering) within the field of business and human rights.

However, sitting here at the UN Forum, I’ve realized that there is a gap in much of the material I’ve been covering – I usually just review academic articles. In focusing primarily on academic research, I’ve neglected a huge swath of publications that have been put out by state actors, international organizations, NGOs and other actors that have a direct impact on the field.

The advantage of covering these nonacademic publications is that they often offer a more timely view of the issues than academic articles with longer publication windows. They will also frequently offer a more practiced oriented approach, something that has become increasingly relevant as we move from theory to implementation.

So… to remedy that situation, I offer a New Publications section, a look at recent publications that affect the field of business and human rights.

The Second Annual U.N. Forum on Business and Human Rights: December 2-4

This is just a quick note to remind loyal readers that the U.N. second annual Forum on Business and Human Rights kicks off this Monday (with pre-session events) and continues through Wednesday. I am also thrilled (and slightly stunned) to report that I will have the opportunity to present at one of the Forum’s side events on December 3rd. I will try and provide some updates along the way but, between the jet lag, the preparation and the nerves, this blog might go dark for the next couple of weeks.

I hope to see many of you there at the Forum.

Literature Review: Human Rights Law and Business: Coprporate Responsibility For Fundamental Human Rights

Cernic

Cernic

In 2010, Jernej Letnar ČERNIČ published his book titled Human Rights Law and Business: Corporate Responsibility for Fundamental Human Rights. We were very fortunate to have ČERNIČ attend WVU’s conference on business and human rights where he discussed many of the concepts that are developed in his book. The book itself is an interesting read, in that it allows one to stop and reflect on both the positive and negative developments which have resulted from globalization. With globalization comes the expanding of economic, social, cultural and political power of corporations, a power expanse which had resulted in conflicting outcomes.

Cernic notes that, although corporate activities can have many positive outcomes (such as increased livelihoods of not only individuals but also communities and governments), the risk still exists that the corporations will violate human rights.

This book calls for a victim-oriented approach to addressing corporations that commit violations against humanity. It goes on to suggest that corporations have normative obligations in relation to fundamental human rights, and further argues that the normative approach to human rights obligations is a result of national legal issues and not necessarily on the international level.

People's Forum on Business and Human Rights

November 5th kicked off the First Annual  People’s Forum for Business and Human Rights. The three day conference began with a keynote address by Olivier DeSchutter, the UN Special Rapporteur on the Right to Food. During his talk, Dr. Schutter discusses issues such as judicial remedies and the intersection between business and human rights and the right to food. It’s worth watching. Thanks to the International Accountability Roundtable for making this available.

Using Business tools for Business and Human Rights Issues

A look at a world where there’s no tool to assess our risk priorities…

A look at a world where there’s no tool to assess our risk priorities…

A look at a world where there’s no tool to assess our risk priorities…

As we move on from what Special Representative John Ruggie famously called ” The End of the Beginning” for business and human rights issues, a significant issue that has come up is implementation. Companies are struggling with the best way to measure and assess human rights impacts and what those metrics should include. There are many issues that arise within this context. First, how do you quantify and measure something like “human rights” for bean counters who are used to quantifiable financial risks? Something as nebulous as “the deprivation in indigenous communities” can be terrifying for those folks. Another issue that frequently arises is, how do you prioritize within the many things that could affect a human rights risk assessment?

Well, below are two different takes on “assessing” human rights impact assessment. The first was presented by Roger Branigin during WVU’s business and human rights conference. Mr. Branigin, Executive Director of the Global Community of Practice for Business and Human Rights (a project endorsed by the UN Global Compact Office) proposes a “bow tie” assessment model that filters risk analysis through two-ended filter.(Look for “WV Presentation PowerPoint on the conference websitehere, for a full explanation of the tools).

Remembering "U" are in 'Education'

Remembering "U" are in 'Education'

In the United States, it can sometimes be easy to take education for granted. Because many, if not all, states mandate attendance in some form of education – be it public, private, or home school – one can easily overlook that education is a right not afforded to many in other countries. However, Target 2.A of the MDG addresses the need to achieve universal primary education. This goal, discussed here, seeks to ensure that children everywhere will have the opportunity to complete a full course of primary schooling.

By ensuring that children everywhere are provided a basic education, the MDG is seeking to not only help individuals better themselves, but also provide for a better economic system in general. When individuals can read and write, they are better able to communicate their needs and understand the world around them. Further, by ensuring that al children receive the opportunity for a primary education, the gender disparity should decrease, thus working to put all individuals on equal footing.

Image taken from http://iif.un.org/content/universal-education

Knowing and Showing: A New Examination of Securities Laws in BHR Issues

ICAR

I spent some time last week reading the International Corporate Accountability Roundtable’s new report on using U.S. securities laws to affect business and human rights issues. The Report, entitled,“Knowing and Showing,” Using U.S. Securities Laws to Compel Human Rights Disclosure, provides a pretty compelling case for adding human rights impacts to the issues that need to be disclosed by publicly traded companies.

Given the rule-making that the SEC has undertaken recently (around conflict minerals and climate change for instance) the agency already seems to be heading in that direction. It seems that the smart money would be for companies to get ahead of the regulatory curve by allowing their human rights risk assessments to be recorded as part of their disclosure efforts. The Report, which was written by ICAR, was “reviewed, edited and endorsed” by Professor Cynthia Williams of Osgoode Hall Law School, a pioneering scholar on issues that intersect within securities regulation and human rights.

ICAR logo taken from http://accountabilityroundtable.org/
Photo of Prof. Williams taken from http://www.osgoode.yorku.ca/faculty/williams-cynthia

Literature Review: Courting International Businesses

In 2003, Susan Aaronson asked, “what are the human rights obligations of global capitalism?” In her article (found, here) Aaronson highlights many business and human rights issues that are still with us ten years later.

Specifically, Aaronson, in two pages quickly highlights many of the themes and challenges in holding transnational corporations accountable under the law for human rights violations. She does so by discussing a number of court cases that have been brought in the U.S. against TNCs for human rights violations.

According to Aaronson, the majority of the cases are brought under two laws, the Alien Tort Claims Act of 1789 and the Torture Victim Protection Act of 1992. While the use of ATCA will be substantially reduced in light of the Supreme Court’s decision in Kiobel, the issues highlighted in the complaint are still relevant and analyzed succintly by Aaronson. She points to issues such as vicarious liability as a grounds for liability, the use of subcontractors as a relationship fraught with legal pitfalls, and the way that these lawsuits could hinder development in the countries that need it most.

Also, Aaronson’s article points out that some of the cases were brought by the International Labor Rights Fund, providing early examples of something my collegaue, Anne Lofaso, has been pointing out for quite some time: that labor issues are human rights issues.

The Ability in Accountability: Who Will Be Accountable For The Millennium Development Goals?

In a previous post here, we discussed the Millennium Development goals and their focus on human rights. But exactly how will the Millennium Development Goals be implemented and who will be responsible for this implementation?

In order for the implementation of policies and/or programs to be successful, it is helpful if there is a clear guide outlining who is accountable, for what they are accountable, and how the accountability will be monitored. Without such a guide, it is difficult to be organized and clearly follow a path to successful implementation.

In the past, accountability for human rights has mainly been shown as governments being accountable to those they govern. Accountability appears to be the cornerstone for the Millennium Development Goals (MDG) and has three dimensions: Responsibility, Answer, and Enforcement.

The MDG can offer a potential step forward for three reasons. First, when framed in terms of responsibility to human rights, accountability becomes a matter of legal obligation rather than charity or discretion. Second, by putting human rights principles at the center of the process of setting new goals, it fosters active participation of all involved. Third, by giving power to those marginalized, they gain the ability to enforce rights and seek redress for the wrongs committed against them.

Highlights From the Conference

Highlights From the Conference1

So, as you may have noticed, the blog took an (unwilling) break over the last two Fridays. I had hoped to have some deep introspection about WVU’s recent conference on business and human rights and what it all means, however, there is a lot to process still, two weeks later. Here’s what I will say: I was humbled and grateful for all of the participants who presented their papers and shred their thoughts. There are many things about a business and human rights framework that give me pause but, the one thing I am encouraged by is how many brilliant and dedicated minds are working to create solutions.

During the conference Dean Joyce McConnell, stated that she believed we were at a moment in history – a crossroads – where a business and human rights framework will grow and develop, hopefully in a thoughtful and sophisticated manner. I believe she is right, and that moment is here. I am happy to be a part of the work that keep things moving forward in anyway that I can.

Finally, there are many people who I need to thank for the work that was done. However, I need to publicly acknowledge the gratitude I have towards the UN Working Group on Business and Human Rights who supported this project. I am awed by the work that this group is doing, especially given that there are only five members on the Working Group. Thank you so much for your support. I am particularly grateful to Working Group member Dr. Michael Addo who traveled so far to attend.

One technical note: we videotaped most of the proceedings, however, we are currently unable to stream them. Keep watching this space for information on when all of those videos will be available on-line.In the meantime, we have compiled some photos showing highlights from the conference.

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