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For further information on the UN Forum on Business and Human Rights please visit https://www.ohchr.org/EN/Issues/Business/Forum/Pages/2019ForumBHR.aspx

For further information on the work of the Working Group on Business and Human Rights please visit https://www.ohchr.org/EN/Issues/Business/Pages/WGHRandtransnationalcorporationsandotherbusiness.aspx 

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Monday, November 25
 

09:00

Human rights due diligence: trends and challenges
Session organized by the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Background and focus:
In its 2018 report to the UN General Assembly, the UN Working Group on Business and Human Rights noted that since the adoption of the Guiding Principles on Business and Human Rights in 2011, corporate human rights due diligence has become a norm of expected conduct. It observed that this standard has been integrated in other policy frameworks for responsible business, such as the 2018 OECD Due Diligence Guidance for Responsible Business Conduct that provides concrete guidance for due diligence in practice. The Working Group also noted that 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. In the 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.

Its overall assessment was that 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. It noted that 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.

This session builds on the findings from the Working Group’s 2018 report and seeks to shed light on the most recent developments with regard to:
  • Are we seeing progress in uptake by companies?
  • Are we finally seeing a push by more governments to develop more effective measures to drive corporate human rights due diligence?
  • What are the most recent trends in the investment community?
  • What overall trends are emerging for corporate-related impacts on human rights?

Speakers will include experts from OECD, corporate human rights benchmark initiatives, the ESG field and civil society.

Key documents

Moderators
avatar for Tyler Gillard

Tyler Gillard

Head of Sector Projects, OECD Responsible Business Conduct Unit, OECD
Tyler Gillard is the Head of Sector Projects and Senior Legal Adviser in the Responsible Business Conduct Unit of the OECD’s Investment Division. He leads the OECD’s work on due diligence in the financial, textiles, mining & metals, oil & gas and agriculture sectors. Tyler joined... Read More →
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Margaret Wachenfeld

Margaret Wachenfeld

Board director, Corporate Human Rights Benchmark
Margaret Wachenfeld is an international lawyer and policy adviser with more than 25 years of experience, an interdisciplinary skill set and a global reach. Margaret works at the leading edge of the convergence of sustainability, human rights and responsible business conduct. She has... Read More →
avatar for Christy Hoffmann

Christy Hoffmann

General Secretary, UNI Global Union
Christy Hoffman is the General Secretary of UNI Global Union, the global union federation for the services industries. UNI affiliates are spread across 150 countries and represent over 20 million workers. Her work at UNI followed more than 25 years of experience as a U.S. based trade... Read More →
avatar for Danielle Essink

Danielle Essink

Director Active Ownership, Robeco
Ms. Essink is a Director at Robeco’s Active Ownership department. She has over 12 years of experience engaging companies on human rights related topics and encouraging them to operate with greater awareness and respect for human rights. She currently has a specific focus on the... Read More →
avatar for Caroline Brodeur

Caroline Brodeur

Business and Human Rights Advisor, Private Sector Department, Oxfam America
Caroline Brodeur is a human rights practitioner specialized in capacity building and accompaniment of local communities. She works as a business and human rights advisor with Oxfam America since 2014. Before that, Caroline worked at Rights & Democracy where she was part of the team... Read More →
avatar for Teresa Fogelberg

Teresa Fogelberg

Chair Transparency Benchmark at Netherlands Ministry Economic Affairs
A leader and innovator in responsible business conduct, sustainability, climate change, women’s empowerment, sustainable development, governance and solutions. Focus on the nexus of people and planet.I bring more than 30 years of expertise and executive and board experience: to... Read More →


Monday November 25, 2019 09:00 - 10:15
Room XXI

09:00

“Voices from the ground”
Session organized by the International Federation for Human Rights - FIDH, Forest Peoples Program, International Service for Human Rights - ISHR, Forum Asia, Rights in Development, Peace Brigades International - PBI, Rafto Foundation, Plataforma Internacional contra la Impunidad, Publish What You Pay - PWYP, Defend Defenders, Global Witness, Front Line Defenders, DanChurchAid, Institute for Human Rights & Business (IHRB), Swedish Society for Nature Conservation and IWGIA  and Business & Human Rights Resource Centre in collaboration with the UN Working Group on Business and Human Rights

Overview, aims and objectives
This session will feature a panel of human rights defenders and community representatives from all regions to set the stage for discussions at the 2019 Forum on Business and Human Rights. The speakers will share their stories and experiences of working to improve business respect for human rights in their countries, as well as the attacks they are under because of doing so. The moderator will guide the discussion through three segments: the first part with focus on ways in which they have successfully defended themselves and achieved their goals, the second part will identify the common challenges that defenders and community representatives face in their work, and the third part will outline what they want to see between now and the next Forum.

This session will offer an insight into the lives and struggles of defenders and community representatives, and highlight their expectations to businesses, investors and governments, thus setting the scene for the 2019 Forum. It will also be an opportunity for defenders to send a joint message about the launch of the ‘Zero tolerance pledge’ to attacks and killings of defenders, which will originate from the gathering of defenders, which is going to take place prior to the Forum.

Key discussion questions
1st part: focuses on ways in which the participating human rights defenders and community representatives successfully defended themselves and achieved their goals so far
Question(s) to speakers: What was your main achievement in your work as a defender or community representatives this year? Why do you do what you do and what keeps you going?  
Sub-questions: What were the main things that helped you and your colleagues continue defending human rights in the context of business operations in your country over the past year (coalitions, partnerships, new approaches to work, financial support, new laws, support from community/ family/ friends, religion, etc.)


2nd part: focuses on challenges defenders face in their work
Question(s) to speakers: Who prevents you from advocating for rights in your country and how? What are the main types of attack you and your colleagues have faced in defending human rights in business operations in your country this year?

3rd part: focuses on what they would like to ask from the Forum participants (govts, businesses, investors) - what do they want to see between now and the next Forum
Question(s) to be asked to speakers: What are the main things that you would like to see businesses, investors and governments do in the coming year, that would  improve the safety for and prevent attacks on defenders working for human rights in business in your country, and improve business respect for human rights?

Format of the session
The session will open with a question or two to the audience to get them engaged early on. It will then be divided into three parts: the first part will identify ways in which they’ve successfully defended themselves and achieved their goals so far, the second will identify challenges that defenders face in their work, and the third part will outline what they would like to ask from the Forum (governments, businesses, and investors) and what do they want to see between now and the next forum. We will leave enough time for interaction with the audience at the end, so that governments, investors and businesses, can voice their proposals and feedback, and so that defenders and community representatives that won’t get a chance to speak on the panel, will have the opportunity to also share their stories (time permitting). The role of the moderator will be to engage the audience and to summarize the challenges and the demands voiced by the defenders.

In terms of identifying and voicing expectations, the speakers and the moderator will, to the extent possible, surface and build upon existing demands, such as the Zero tolerance pledge, Action plan from the World HRDs Summit, the joint statement from 40+ civil society organizations from 2016, the Special Rapporteur on Human Rights Defenders’ report, UN Working Group work on business, human rights and defenders to date, and other relevant material.

Background
States have the primary obligation to ensure the rights and protection of human rights defenders, as set out in various human rights instruments – in particular the UN Declaration on Human Rights Defenders – and as reaffirmed in many UN Human Rights Council and General Assembly resolutions, including through the March 2016 resolution on the protection of human rights defenders working on economic, social and cultural rights.

The importance of human rights defenders in the context of business-related impacts on human rights is recognized by the UN Guiding Principles on Business and Human Rights. They highlight the key role human rights defenders can have in human rights due diligence and enabling companies to understand concerns of affected stakeholders. In particular, the Guiding Principles:
  • Urge businesses to consult human rights defenders as an important expert resource as part of their human rights due diligence, as defenders have a key role as watchdogs, advocates and voice for affected stakeholders.
  • Urge States to ensure that the legitimate activities of human rights defenders are not obstructed.

Declines in privacy and the freedoms of expression, assembly and association, which are taking place worldwide, are not just negative for defenders and civil society but also signify where the rule of law may be under threat from governments, which can undermine the overall business environment. A red flag for this is the targeting of human rights defenders, media organizations and journalists.

Many companies have been exposed as being complicit, aiding and abetting, or even directly involved in these attacks and some businesses are directly targeting defenders who seek to hold their businesses accountable. The organizers of this session have tracked hundreds of attacks, including strategic lawsuits, beatings, threats and killings, related to most major business sectors, an alarming trend that is on the rise. Women defenders face additional and heightened risks because of their gender.

The majority of attacks are related to mining, agribusiness and renewable energy projects - these sectors also face the greatest intensity and severity of attacks on defenders. There is a widespread failure to tackle the root causes of the violence: impunity for threats and attacks; corruption, which facilitates land grabbing; the failure to sec

Moderators
avatar for Jena Martin

Jena Martin

Professor of Law, West Virginia University
Professor Martin is a Professor of Law at West Virginia University. Her research and scholarship is in the area of business and human rights, specifically examining how traditional frameworks - such as securities regulation - can be applied.

Speakers
JC

Josephine Chiname

Legal Officer & Bertha Justice Fellow at ZELA, the Zimbabwe environmental Law Association (ZELA)
DR

Danilo Rueda

National Coordinator, Comisión Intereclesial de Justicia y Paz – CIJP
avatar for Indianara Ramires Machado

Indianara Ramires Machado

Guarani Kaiowa indigenous youth representative, AJI (Action Association of Young Indians of Dourados)
Lives in the indigenous land of Dourados in Mato Grosso do Sul Brazil, graduated in nursing from the State University of Mato Grosso do Sul, since 12 years participates in the movement of indigenous youth of Mato Grosso do Sul. She is vice president of AJI - Young Indigenous Youth... Read More →
avatar for Ani Khachatryan

Ani Khachatryan

Representative, Armenian Environmental Front
Ani Khachatryan is a human rights defender who has fought many environmental fights for protecting the environment, and to defend the right of communities and individuals to participate in environmental decision making processes, including in the context of mining projects.
avatar for Benjie Velasco

Benjie Velasco

International Officer, Partido Manggagawa, The Philippines
Educator and researcher on labor rights issues in the Philippines with a focus on the condition of workers in the export processing zones


Monday November 25, 2019 09:00 - 10:15
Room XIX

10:45

Opening plenary
Interpretation provided in English, French, Spanish, Arabic, Russian and Chinese

The opening plenary of the UN Forum will provide leadership perspectives on the main theme of the Forum. Among the objectives, the opening plenary seeks to provide inspiration and help set the tone for constructive and solution-oriented dialogue over the three Forum days.

The annual Forum on Business and Human Rights is the UN’s platform for multi-stakeholder dialogue to assess the progress made by states and business in moving the three pillars of “Protect, Respect and Remedy” of the Guiding Principles on Business and Human Rights from paper to practice.

The UN Forum is the world's largest annual gathering on business and human rights with more than 2,000 participants from government, business, community groups and civil society, law firms, investor organizations, UN bodies, national human rights institutions, trade unions, academia and the media.

The UN Human Rights Council established the Forum in 2011 to serve as a global platform for stakeholders to ”discuss trends and challenges in the implementation of the Guiding Principles and promote dialogue and cooperation on issues linked to business and human rights.” It is guided and chaired by the Working Group on Business and Human Rights, and it is organized by the Secretariat at the Office of the UN High Commissioner for Human Rights (OHCHR).

The 2019 Forum will focus on the need for all governments to demonstrate progress, commitments and plans in implementing the State duty to protect and strengthening accountability. As the Guiding Principles clarify, ensuring access to effective remedy is also a part of the State duty to protect against business-related human rights abuse, and discussions on government action need to address the full spectrum of measures from prevention to remediation.

The Forum agenda will look at what governments need to do to foster business respect for human rights, including by getting their own house in order and by setting clear expectations and creating incentives for responsible business conduct. In doing so, the agenda will consider the Guiding Principles’ call for “a smart mix of measures – national and international, mandatory and voluntary – to foster business respect for human rights” and what this can mean in practice.

Speakers
avatar for Michelle Bachelet

Michelle Bachelet

United Nations High Commissioner for Human Rights, Office of the High Commissioner for Human Rights
On September 1, 2018 Michelle Bachelet assumed her functions as the United Nations High Commissioner for Human Rights. The Office of the High Commissioner for Human Rights was established in 1993 and Ms. Bachelet is the seventh Commissioner.Ms. Bachelet was elected President of Chile... Read More →
avatar for Vesna Batistić Kos

Vesna Batistić Kos

Vice-President, UN Human Rights Council
Vesna Batistić Kos has been serving as Permanent Representative of Croatia to the United Nations Office at Geneva since August 2017. Prior to her appointment to Geneva, Ms. Batistić Kos had been serving as Assistant Minister, Directorate General for Multilateral Affairs and Global... Read More →
avatar for Elżbieta Karska

Elżbieta Karska

Chairperson, UN Working Group on Business and Human Rights


Monday November 25, 2019 10:45 - 11:30
Room XX

11:30

Stepping up government leadership: from commitments to action
Interpretation provided in English, French, Spanish, Arabic, Russian and Chinese

High-level plenary: focus
As the central focus of the 2019 Forum is to reinforce the call on governments for action on business and human rights, the Working Group on Business and Human Rights that chairs the Forum is convening a high-level panel involving governments from different regions to hear the perspectives of government leaders on the way forward. This plenary session addresses the Forum's theme on government action and leadership, with the title “Stepping up government leadership: from commitments to action”.

Format
The first part involves panel interventions and discussion moderated by the Working Group. After the initial panel conversation, the moderator will open up the floor to other participants, allowing for:
  • Questions and answers
  • Brief comments from governments and other stakeholders to share their reflections on lessons learned and concrete ways forward (reading from statements is not encouraged). Comments should be limited to 1-2 minutes.
Participants wishing to take part in the discussion should raise their hand or country plate (for government delegations). Interventions from the floor are managed at the discretion of the moderator and subject to time available.

Questions to the panel can also be submitted via an online platform (details given on the screen during the session).

Written statements for online posting can be sent to forumbhr@ohchr.org.

Background
A key message from the 2018 UN Forum on Business and Human Rights was that governments must step up their action and leadership. Currently, they are not doing enough to meet their duty to protect against business-related human rights abuse. While important legal developments are evolving in some jurisdictions, and the number of countries developing national action plans on business and human rights continue to grow, the effectiveness of current efforts and the lack of wider action are being called into question.

The lack of government leadership, reflected in governance gaps and a lack of policy coherence at all levels – national, regional and global – remains a fundamental challenge to ensuring that the human rights and dignity of all are upheld in the context of business activities. These gaps have been a recurrent theme at all Forums since the first edition in 2012, and a key reason for the development of the UN Guiding Principles on Business and Human Rights, which provide the main reference for Forum discussions.

At the Forum, civil society organizations, affected stakeholders and business alike have called on States to step up action, through strengthened regulation, improved policy coherence, and through leading by example in the various roles States have as economic actors.

The 2019 Forum will focus on the need for all governments to demonstrate progress, commitments and plans in implementing the State duty to protect and strengthening accountability. As the Guiding Principles clarify, ensuring access to effective remedy is also a part of the State duty to protect against business-related human rights abuse, and discussions on government action need to address the full spectrum of measures from prevention to remediation.

The Forum agenda will look at what governments need to do to foster business respect for human rights, including by getting their own house in order and by setting clear expectations and creating incentives for responsible business conduct. In doing so, the agenda will consider the Guiding Principles’ call for “a smart mix of measures – national and international, mandatory and voluntary – to foster business respect for human rights” and what this can mean in practice.

Moderators
avatar for Githu Muigai

Githu Muigai

Vice-Chairperson, UN Working Group on Business and Human Rights

Speakers
avatar for Anna Hallberg

Anna Hallberg

Minister for Foreign Trade, Government of Sweden
avatar for Wisit Wisitsora-At

Wisit Wisitsora-At

Permanent Secretary, Ministry of Justice of Thailand
Professor Wisit Wisitsora-at has a distinguished track record within the civil and criminal justice sphere in Thailand and internationally. He has been serving as the Permanent Secretary of the Ministry of Justice of Thailand since 2017. He is also the Chairperson of the Executive... Read More →
avatar for Johanna Sumuvuori

Johanna Sumuvuori

Vice-Minister, Ministry of Foreign Affairs of Finland
Finland represents the presidency of the Council of the European Union from 1 July to 31 December 2019.Johanna Sumuvuori was appointed as State Secretary to the Minister for Foreign Affairs Pekka Haavisto on 4 July 2019.As a State Secretary she assists the minister in matters relating... Read More →


Monday November 25, 2019 11:30 - 13:00
Room XX

13:30

Beyond voluntary: mandatory measures for meeting the State duty to protect
Session organized by Shift, Business and Human Rights Resource Centre, CORE Coalition, FIDH, Finnwatch, Germanwatch and Sherpa

Focus and objectives
A growing number of states, particularly in Europe, are actively considering mandatory measures to advance business respect for human rights. In France, the Netherlands, Germany, Finland, the UK, Australia, Norway and Switzerland for example, we see governments adopting or exploring mandatory measures as part of a “smart mix” of policy tools to incentivise business respect for human rights. In a growing number of cases, these measures go beyond reporting obligations to encompass comprehensive human rights due diligence, and they are receiving support from an increasingly diverse cross-section of businesses and investors, as well as from civil society.

This session will explore senior government, business and civil society perspectives on creating space for constructive debate on the role and effectiveness of mandatory measures. The session will also look at how these national developments and discussions in Europe connect to the EU level through the role of the Finnish (2019) and German (2020) Presidencies of the Council of the EU.

The format will be a facilitated conversation among panellists with the following objectives:
  • Objective 1: Hear from senior government representatives about opportunities and challenges in exploring and/or adopting mandatory measures as part of a “smart mix” of measures
  • Objective 2: Connect national level discussions within EU Member States to EU-level debates on mandatory measures, including mandatory human rights due diligence
  • Objective 3: Gain insights from senior business and civil society representatives about what constructive engagement by business in these discussions can look like

Background to the discussion
Under the UN Guiding Principles on Business and Human Rights (UNGPs), companies have a responsibility to respect human rights, including by undertaking human rights due diligence. However, 40% of the biggest companies in the world evaluated by the Corporate Human Rights Benchmark in 2018 failed to show any evidence of identifying or mitigating human rights issues in their value chains, and the gap between leading businesses and others appears to be widening.

Under the UNGPs, states have a duty to protect against business-related human rights abuses, including by adopting a “smart mix” of measures – national and international, mandatory and voluntary – to require, incentivise and support businesses to meet their responsibility. Until recently, mandatory (ie, legal or regulatory) developments by states have tended to focus on promoting stronger human rights disclosure requirements, which connects to one element of the due diligence process (‘communicating’). But there is growing momentum to consider comprehensive mandatory human rights due diligence, particularly within the EU.

France was the first country to adopt overarching requirements in its Duty of Vigilance law, followed by the Netherlands with due diligence focused on child labour. And now various other countries have committed to or are considering legislative proposals, including in Germany, Finland, Switzerland, Norway, the UK and Luxembourg. Possible due diligence legislation is also being reviewed at the EU level, including through a study being carried out by the European Commission agency responsible for justice issues (DG JUST).
We are also starting to see more companies and investors speaking out in favour of such legislation, and on the need for harmonisation of standards and a level playing field for business.

This session aims to explore the dynamics that can help or hinder such debates and how we can best advance constructive discussion about what reasonable and effective legislation could look like.

Moderators
avatar for Rachel Davis

Rachel Davis

Vice President, Shift

Speakers
avatar for Jaren Dunning

Jaren Dunning

Director of Human Rights, PepsiCo
PB

Phil Bloomer

Executive Director, Business & Human Rights Resource Centre
avatar for Johanna Sumuvuori

Johanna Sumuvuori

Vice-Minister, Ministry of Foreign Affairs of Finland
Finland represents the presidency of the Council of the European Union from 1 July to 31 December 2019.Johanna Sumuvuori was appointed as State Secretary to the Minister for Foreign Affairs Pekka Haavisto on 4 July 2019.As a State Secretary she assists the minister in matters relating... Read More →
avatar for Michaela Spaeth

Michaela Spaeth

Director for Energy and Climate Policy, Business and Human Rights, International Employee Rights and Employee Issues, German Foreign Ministry
Michaela Spaeth is Director for Energy and Climate Policy, Economic Affairs and Human Rights,International Labour Rights and Issues at the German Federal Foreign Office. Michaela is a careerdiplomat. Her professional path has focused on economic and global issues and climate policy... Read More →
HH

Heidi Hautala

Vice President, European Parliament
avatar for Alice Navarro

Alice Navarro

Legal Counsel, French Treasury
Magistrate


Monday November 25, 2019 13:30 - 14:45
Room XX

13:30

Film - iHUMAN: Artificial Intelligence & Facing a New World Order
Session organized by Think-Film Impact Production

One of the major challenges of our times is how the global community is going to deal with artificial intelligence (AI). Who will control this technology? Has the train left the station, never to be stopped? What sort of society do we want to create and live in? Who knows the destination we are heading to?

With great access to influential voices on this subject, iHuman presents a wide range of views, from tech optimism in Jurgen Schmidhuber “the father of AI,” to more cautious voices like technology journalist Kara Swisher and human rights lawyer Philip Alston. Animated computer graphics visualize a polymorphous, self-developing structure with ever-greater autonomy guiding us forward.

AI can infinitely increase our potential for great good but it is already capable of contributing towards total surveillance states and a distortion of truth. AI development is hurtling forward with tech companies affiliated to the defence industry and algorithms in law enforcement enhancing existing biases. Will we allow the use of such powerful technology to open an unchecked Pandora’s Box dictating our future?

Speakers
avatar for Ben Wizner

Ben Wizner

Features in the iHUMAN film, Edward Snowden's attorney American lawyer, writer, and civil liberties advocate with the American Civil Liberties Union, American Civil Liberties Union
Ben Wizner (@benwizner) is the Director of the ACLU’s Speech, Privacy & Technology Project. For nearly fifteen years, he has worked at the intersection of civil liberties and national security, litigating numerous cases involving airport security policies, government watch lists... Read More →
avatar for Tonje Hessen Schei

Tonje Hessen Schei

iHUMAN Film Director, UpNorth Film
Tonje is an award-winning documentary filmmaker who has worked with independent documentary production since 1996. Her films mainly focus on human rights, the environment and the changing relationship between man and machine.Tonje is the director of iHuman, a political thriller about... Read More →
avatar for Danielle Turkov

Danielle Turkov

iHUMAN Co-producer and Impact Producer, Think-Film Impact Production
Danielle is leading the global impact strategy for iHUMAN and has run successful film advocacy campaigns for numerous award-winning documentary and feature films. Her vision and work have led to world changing action and provided insight for greater social impact amongst the highest-level... Read More →
VD

Vincent Defourn

Director, UNESCO




Monday November 25, 2019 13:30 - 14:45
Cinema

13:30

Global vs local: Addressing the disconnect between State top-down measures and lived experiences on the ground
Session organized by International Organisation of Employers (IOE) and Impactt

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Session description
Since the UN Guiding Principles on Business & Human Rights (UNGPs) were endorsed in 2011, there has been much action to turn these principles into practice via a mix of State-led measures (either at the national level or through their membership of regional and international intergovernmental organisations), via multiple private-sector activities, and through many NGO, trade union, NHRI, investor and multi-stakeholder efforts. While engagement on business and human rights grows, as awareness of the global standards spreads and as experience develops, there is at times a disconnect between the current top-down approach (however well intentioned) and the lived experiences for workers, communities and business on the ground. This session will explore why the trend for top-down measures exists; what it has and has not achieved; and how to address the disconnect between the bulk of these actions and the lived experiences locally.

Session objectives
  1. To explore the barriers in achieving broad-based progress for all workers, communities and businesses of top-down measures that States take and encourage through their policy measures, engagement through multilateral institutions, and funding of projects.
  2. To consider the broad range of State actions and measures that can deliver positive impacts on the ground that reflect local contexts, traditions, cultures and practices..

Format of the session
Interactive moderated panel discussion with a break-out group discussion.

Part 1: Panel speakers provide their reflections on the disconnect and unintended consequences of top-down measures by States with the lived experiences.

Part 2: Break-out group discussion with the audience on what States can do to go beyond the largely top-down approach to deliver real and broad-based positive impacts on the ground that reflect local contexts, traditions, cultures and practices.

Key discussion questions
  • What does the top-down approach look like?
  • What is driving the spate of top-down measures?
  • Why is it disconnected from realities on the ground?
  • What needs to happen to address the disconnect between top-down measures and lived experiences for workers, communities and all business enterprises? (i.e. how can States and others be encouraged and supported to re-think this largely top-down approach to deliver real and broad-based positive impacts on the ground that reflect local contexts, traditions and cultures?)
  • What would a bottom-up approach, conversely, look like? Is that feasible given the size and complexity of the world and this topic?
  • At the very least, how can a more holistic approach be achieved?

Moderators
avatar for Rosey Hurst

Rosey Hurst

Director, Impactt
Practical diagnosis, enterprise-level remediation and policy development on human rights issues in supply chains.
avatar for Roberto Suarez-Santos

Roberto Suarez-Santos

Secretary-General, International Organisation of Employers (IOE)
Since 1920, the IOE has been consolidating the perspectives and priorities of national employers’ and business organisations in one single, effective and coherent voice that informs the deliberations and outcomes in international institutions, forums and debates and seeks the best... Read More →

Speakers
avatar for Samuel Lee Moh Chuan

Samuel Lee Moh Chuan

Senior Group HR Manager, Wen Ken Group (Malaysia)
I am a seasoned HR practitioner and advocate of Diversity and Inclusion, genuine employee engagement & empowerment, equal employment opportunity (EEO), fair employment practices, flexible work arrangement (FWA), lifelong learning and Corporate Social Responsibility (CSR).
avatar for Khoki Bagum

Khoki Bagum

Senior Operator, Essential Clothing Ltd. (Bangladesh)
avatar for Saiful Islam Khan

Saiful Islam Khan

Managing Director, Essential Clothing Ltd. (Bangladesh)
Mr. Saiful Islam Khan was born and brought up in a RMG family in the port city of Chittagong. His father was a veteran RMG businessman in the early 80's. But fortunately or unfortunately, Saiful never had a chance to join his family business. By the time, he finished his graduation... Read More →
avatar for Shayaan Seraj

Shayaan Seraj

Group Director, Elite Group (Aqua Paints, Elite Steel, Elite Garments, Aqua Refinery)
Overseeing multiple portfolios of the family business including domestic (paint, steel) and export (garments) markets. Previously, spent six years in the largest global communications agency in Toronto, Canada. In addition to the family business, I am also involved in urban planning... Read More →


Monday November 25, 2019 13:30 - 14:45
Room XXI

13:30

Human rights and the role of governments in bidding for and hosting mega sporting events
Session organized by the Swiss Federal Department of Foreign Affairs and Centre for Sport and Human Rights

Many countries and cities compete for the privilege and prestige of hosting mega-sporting events. Society from host countries and external stakeholders have high expectations on the conduct of how these events are organised and of the event organising committees and the local and national host governments themselves. Increasingly, human rights requirements, including UN’s International Bill of Rights, the ILO’s eight core conventions, and reference to the UN Guiding Principles on Business and Human Rights – are playing a more prominent role in both bidding criteria as well as in the event planning itself and its legacy. A successful mega-sporting event requires governments to work with many parties towards a shared vision. Long after an event is completed, its legacy impacts a range of stakeholders including the host nation, its workers, athletes and local communities. To succeed in delivering positive outcomes such as bringing vital infrastructure to a community, regenerating urban areas, protecting vulnerable groups, or encouraging youth to be more active in sport, it is increasingly well understood that governments should share learning with each other, as well as learning from other sectors and bodies of knowledge around implementing human rights due diligence.

Building on the work conducted by the newly-established Centre for Sport and Human Rights, the objective of this session is to learn from emerging good practice in this area and to encourage constructive dialogue in building capacity and addressing complex challenges facing host governments.

Moderators
avatar for Mary Harvey

Mary Harvey

Chief Executive, Centre for Sport and Human Rights

Speakers
avatar for Jin Sook Lee

Jin Sook Lee

Global Campaign Director, Building and Wood Workers’ International
Jin Sook Lee is the Global Campaign Director of the Building and Wood Workers’ International a global union federation with a membership of 12 million in the construction and building materials, wood and forestry, allied sectors in over 140 countries. As Global Campaign Director... Read More →
avatar for Hassan Al Thawadi

Hassan Al Thawadi

Secretary General, Supreme Committee for Delivery and Legacy of the 2022 FIFA World Cup
H.E. Hassan Al Thawadi is the Secretary General of the Supreme Committee for Delivery and Legacy (SC), the organisation responsible for coordinating amongst public and private entities to ensure that infrastructure and development projects are delivered in readiness for the 2022 FIFA... Read More →
avatar for David Grevemberg

David Grevemberg

Chief Executive, Commonwealth Sport
DAVID GREVEMBERG CBEBiographyDavid Grevemberg CBE is Chief Executive of the Commonwealth Games Federation (CGF), the organisation responsible for the Commonwealth Games, Commonwealth Youth Games and numerous other initiatives. Its vision is to build peaceful, sustainable and prosperous... Read More →
avatar for Barbara Schedler Fischer

Barbara Schedler Fischer

Deputy Head of the Human Security Division, Swiss Federal Department of Foreign Affairs
Barbara Schedler Fischer took up her position as Deputy Head of the Human Security Division (in the rank of a Minister) at the Swiss Federal Department of Foreign Affairs in July 2018. She is responsible for human rights policy, humanitarian policy, foreign policy on migration and... Read More →


Monday November 25, 2019 13:30 - 14:45
Room XIX

13:30

Scaling up respect for human rights in public investments: learning from government investment funds
Session organized by the Council of Ethics and the Danish Institute for Human Rights

Webcast of the session:
Meeting link
Meeting number: 849 690 119
Password: KnJcBxkx

This panel aims to generate a dialogue around current experiences with avoiding and addressing human rights risks by government funds such as sovereign wealth funds (SWFs) and public pension funds. This session will look at how two Councils on Ethics of government investment funds have addressed human rights risks and engaged with the UNGPs in their work. Key topics of discussion include: screening, information and prioritization challenges; the strategic use of the UNGPs in driving change among companies; leverage in investment relationships: active ownership vs. exclusion; transparency and reporting. Insight into operational challenges and opportunities faced by SWFs and public pension funds will enable a concluding discussion about policy and regulatory tools that can enable public asset owners and managers to scale up respect for human rights.


Session objectives:

  • Uncover reflections from two Councils on Ethics of government investment funds on challenges and opportunities in identifying, managing and accounting for human rights risks in their investments portfolios;
  • Identify knowledge, capacity building and policy gaps that need to be addressed to unleash the potential of adequate human rights due diligence by government investment funds.


Key discussion questions:

  • What are the current trends and practices in respect to the integration of human rights in government investment funds?
  • What information, capacity and policy measures would enable a stronger implementation and dissemination of the UNGPs by government investment funds?
  • What are the opportunities for collaborative action and leverage by government investment funds to align the conduct of business enterprises with the UNGPs?


Format of the session:

The format of this session will be a Q&A panel discussion, including questions from both the moderator and the audience.
The panel will take place as follows:
  • Presentation by two Councils on Ethics advising government investment funds, the Swedish Council on Ethics and the Council of Ethics for the Government Pension Fund Global (GPFG)
  • Comments and reflection by select representative of civil society, academia or UN


Background to the discussion:
This session is based on the fact that Government investment funds such as sovereign wealth funds (SWFs) and public pension funds inject a significant amount of capital in the global economy and have a tremendous potential to positively influence corporate conduct. They also operate in a dynamic policy environment. There is a growing expectation that financial market participants integrate ESG factors in their business models. Most recently this has been emphasized by the adoption of the EU Sustainable Finance Regulation. The body of information and guidance on how investors should align internal procedures with the standard of due diligence outlined in the UNGPs also continues to grow (see for example the OECD Guidance on responsible business conduct for Institutional Investors).
There has however been limited policy and guidance so far clarifying the application of the UNGPs to government investment funds. For example, the UN Working Group on Business and Human Rights report on state-owned enterprises (SOE) recognized that SWFs are a specialized SOEs but excluded them from the scope of their analysis.

Moderators
avatar for Eva Grambye

Eva Grambye

Head of International Division & Deputy Executive Director, Danish Institute for Human Rights

Speakers
avatar for John Howchin

John Howchin

Secretary General, Swedish Council on Ethics for the AP Funds
I have worked with socially responsible investments and corporate social responsibility for over 20 years, cross all sectors and all around the world. Happy to talk about everything relevant.
MB

Martin Buttle

Head of Good Work, ShareAction
JH

Johan H. Andresen

Chair of the Council on Ethics, Council on Ethics of the Norwegan Government Pension Fund Global
BR

Bettina Reinboth

Head of Social Issues, Principles for Responsible Investment (PRI)


Monday November 25, 2019 13:30 - 14:45
Room XXII

13:30

When Governments Fail to Protect: LGBTI Rights and the Role of the Private Sector
Session organized by the Office of the High Commissioner for Human Rights (OHCHR) and the Partnership for Global LGBTI Equality

Webcast of the session:
Meeting link
Meeting number: 848 528 134
Password: xUFKhDFj

Background to the discussion
The publication of the UN Standards of Conduct for Business Tackling Discrimination Against Lesbian, Gay, Bi, Trans, & Intersex People presents for the first time a clear articulation of the rights of LGBTI communities and what role the private sector can play in respecting these rights. The Standards lay out specific steps companies should take to tackle discrimination within their workplaces and those of their suppliers and business partners, and also calls on the private sector to stand up for the human rights of LGBTI communities in the places they do business.

However, companies face a difficult challenge with regard to implementation of these standards in countries that prohibit marriage equality, or worse, criminalize same sex relationships. This raises the question of the role of companies operating in environments where governments either fail to protect the human rights of LGBTI people or restrict or violate those rights.

In this session, we will discuss how the UN Standards can be operationalized to help companies move from respecting the rights of their LBGTI employees in countries where the rights of LGBTI people are generally protected by law to most effectively advancing and standing up for those rights in places where they do business where those rights are restricted.

Format of the session
After a brief introduction and welcome from the moderator, this interactive session will begin with observations and thoughts on the UN Standards by the OHCHR representative on the panel and Salil Tripathy, Sr. Advisor of Institute for Human Rights and Business drawn from the series of region-wide consultative meetings held to help inform development of the Standards. The discussion will then turn to Frank Mugisha, Executive Director of Sexual Minorities Uganda for his observations on the impact the Standards have had on the ground in Uganda. The moderator will then bring the ILGA representative into the conversation to comment more broadly on the global impact of the Standards and ask for specific examples of where the Standards have helped advance local discussions in particularly challenging geographies. We will then pivot to the role companies have played (and should play) in working to change discriminatory laws as we bring the corporate representative into the conversation. Finally, Leanne MacMillan, Director of Global Programs at Stonewall will highlight the Business and Advocacy Guide Stonewall is releasing to help businesses most effectively meet their responsible under the fifth Standard to “act in the public sphere”.

Throughout the discussion attendees will be invited to join the conversation and share thoughts/observations. There will be NO PowerPoint presentations, no speeches or long introductions

Moderators
avatar for Dan Bross

Dan Bross

Executive Director, Partnership for Global LGBTI Equality
The Partnership for Global LGBTI Equality, is a global leadership platform to accelerate LGBTI inclusion in collaboration with the World Economic Forum. The Partnership was launched by the Forum in Davos 2019 and currently has 14 Founding Corporate members (Accenture, BCG, Cisco... Read More →

Speakers
avatar for Peggy Hicks

Peggy Hicks

Director. Thematic Engagement, Special Procedures and Right to Development Division, Office of the United Nations High Commissioner for Human Rights (OHCHR)
Since January 2016, Peggy Hicks has served as director of the Thematic Engagement, Special Procedures and Right to Development Division at the UN's human rights office. From 2005 to 2015, she was global advocacy director at Human Rights Watch, where she was responsible for coordinating... Read More →
avatar for Leanne MacMillan

Leanne MacMillan

Director of Global Programmes, Stonewall
LGBT and human rights; business and human rights; developing countries and advocacy for human rights; strategic litigation; UN advocacy
avatar for Doreen Chow

Doreen Chow

Director, Human Resources, Procter & Gamble
Doreen is a champion for all kinds of diversity and the inclusion of every individual. She is a long-time employee of Procter & Gamble. Her career covers both Finance and HR, and she has worked for P&G in Toronto, Cincinnati, Brussels and Geneva. Doreen currently is the HR Director... Read More →
avatar for Salil Tripathi

Salil Tripathi

Senior adviser, IHRB
Salil is a writer and policy adviser with experience in researching corporate activities in diverse environments and applying international human rights standards to identify human rights abuses and and working with all sectors and stakeholders to build accountability and advocate... Read More →
FM

Frank Mugisha

Executive Director, Sexual Minorities Uganda
Frank Mugisha is a prominent advocate for the rights of LGBT persons, a respected champion of Human Rights, and an anti-violence advocate. He founded Icebreakers Uganda, an organization created as a support network for LGBTI Ugandans who are out, or in the process of coming out... Read More →
avatar for Zhan Chiam

Zhan Chiam

Programme Coordinator, ILGA World
ILGA World’s Programme Coordinator (Gender Identity and Expression, Sport and Human Rights), where he works to strengthen trans movements and organisations through advocacy support, movement building, research, and long-term collaborations such as reform of the International Classification... Read More →


Monday November 25, 2019 13:30 - 14:45
Room XXV

15:00

Building a child labour free MICA industry: The role of government, business, NGOs and communities
Session organized by Kailash Satyarthi Children's Foundation (KSCF) in collaboration with Estee Lauder Companies

Webcast of the session:
Meeting link
Meeting number: 848 528 134
Password: xUFKhDFj

Description of the session:
This session provides a case study on the lessons from multi-stakeholder collaboration over several years to eliminate child labour in mica mining in India. The discussion will feature lessons from business and civil society as well as the State Government of Jharkhand and its measures to protect children in their state from business-related human rights abuses through the replication of the Child Friendly Village (CFV) model.

Session Objectives:
  • Highlight the role of state governments and resources as critical success factors
  • Highlight a concrete example of how risks to children in a specific context can be prevented and addressed through human rights due diligence
  • Highlight lessons from multi-stakeholder collaboration to prevent and address business-related human rights abuse.
  • Share lessons from one tested model (CVF) in mica mining area through a multi-stakeholder approach to eliminate child labour
  • Explore whether and how lessons from this model can be replicated in other sectors and contexts

Key Discussion Questions:
Government focused:
  • What is the role of the state government and how has their role evolved?
  • What were the factors that led to the State Government of Jharkhand’s desire to eradicate child labour in mica mining?
  • Why now?
  • From the government perspective, what are some of the challenges to getting companies to ensure that child labour is not part of their supply or value chain?
  • What made the government decide that the CFV was the model to use?

Model focused:
  • How do you engage with the community to identify risks and impacts?
  • How do you get buy-in from the community to implement a CFV in each village?
  • What is the time commitment required to ensure a CFV is established and will sustain itself long term?

Corporate responsibility focused:
  • Explain how risk to children is addressed through human rights due diligence covering the value chain?
  • What are the lessons of what it takes to create a partnership with civil society organizations to effectively prevent and address adverse impacts on children in the communities linked to the mica supply chain?

Format of the session:
  • Introduction by the moderator
  • Play a 5-minute video
  • Presentation by the speakers
  • Moderated Q&A from the audience
  • Concluding remarks by the moderator

Background of the session:
The concept of a child friendly village or Bal Mitra Gram (BMG) directly addresses the multi-dimensional problems that create and maintain child labour. It attacks the root causes to ensure sustainability of the eradication of child labour. Not only does this approach aim to withdraw children from work and enhance the quality of education, but it also aims to ensure a holistic development of Indian villages to create a child friendly society. BMGs emphasize child participation, community mobilization, the promotion of education, victim’s/survivor’s empowerment, gender equity and awareness on gender issues, the convergence of various government schemes and programmes and ensure the long term sustainability of the initiatives through the creation of individual community infrastructure needs based on community mobilization and resources base.

This approach promotes human rights, especially the protection of children and women’s rights through child centric village development and multi-stakeholder engagement. KSCF launched the CFV concept in 2001 in India and 2005 in the state of Jharkhand. This model calls for long-term partnership with corporations, government, technical/academic institutes, and NGOs/Civil Society Organizations.

This session explores, among other topics, the partnership between KSCF and Estee Lauder Companies in promoting CFVs and how to engage with state level governments on preventing child labour in the mica-mining region. With the support of the state government to scale this model as an effective method to address child labour, there is the potential to scale this model to make the entire state of Jharkhand child labour free.

The session also emphasizes the success of the model as well as the role of each stakeholder in addressing the issue of child labour in the mica industry in which governments have a key role to play as catalysts in ensuring businesses respect human rights.

Moderators
avatar for P. Nagasayee Malathy

P. Nagasayee Malathy

Executive Director, Programmes, Kailash Satyarthi Children’s Foundation
Ms. P. Nagasayee Malathy, Executive Director of Kailash Satyarthi Children’s Foundation. She comes with 3 decades of experience in the development sector from grassroots initiatives to managing humanitarian organisations as a country lead in India and Overseas. She has been country... Read More →

Speakers
avatar for Ashutosh Mishra

Ashutosh Mishra

Team Lead, Programmes, Kailash Satyarthi Children’s Foundation
Ashutosh is currently working with Kailash Satyarthi Children’s Foundation as a Senior Manager, Programmes and looking after flagship Child Friendly Village and Freedom Fellow program. In his 12 years of career in social-development sector, he has worked with people’s movement... Read More →
avatar for Debendra Kumar Baral

Debendra Kumar Baral

President, Bal Vikasa Dhara
Mr Debendra Kr Baral is the Founder of Bal Vikas Dhara, a nonprofit organization. He has an experience of 39 years of working in the social sector with a specialization on child rights. He is a social rights activist and has been part of many protests and marches to end violation... Read More →
avatar for Mohammad Manan Ansari

Mohammad Manan Ansari

Youth member of CFV, withdrawn from child labour in the mica mines.
I am a TEDx Speaker,a Youth member of CFV and Young social Activist at Kailash Satyarthi Children's Foundation for 100 million for 100 million campaign who was withdrawn from the mica mines. I have participated as a Youth leader representative at Leaders and Laureate Summit 2018 in... Read More →
avatar for Fanny Fremont

Fanny Fremont

Executive Director, Responsible Mica Initiative
Fanny has ten years of experience managing corporate social responsibility programs fostering collaboration among multiple stakeholders ranging from corporate procurement, R&D, marketing and communications functions to governmental and non-governmental organizations as well as research... Read More →
avatar for David Hircock

David Hircock

Executive Director, Corporate Affairs, Global Communications, Estee Lauder Companies
Professor David Hircock, Executive Director, Global Citizenship and Corporate Sustainability, Estée Lauder Companies, has worked extensively around the globe as a respected expert on issues related to human rights, conservation of biodiversity and working with Indigenous Peoples... Read More →
avatar for Claire van Bekkum

Claire van Bekkum

Programme Manager Mica, Terre des Hommes
As Programme Manager Mica, Claire van Bekkum is responsible for Terres des Hommes’ programme to eradicate child labor in mica mining. Within this role she was part of the research done on Global Mica Mining and the impact on Children's Right (SOMO, 2018) and a follow up research... Read More →
avatar for Rajeev Ekka

Rajeev Ekka

Principal Secretary, Department of Labour, Training and Employment,, Government of Jharkhand, India
Mr. Rajeev Arun Ekka, Principal Secretary, Department of Labour, Employment,Training & Principal Secretary IT and E-Governance.He has Graduated in MEDICINE from A.I.I.M.S, New Delhi, 1991and Joined the Indian Administrative Service in 1994. He worked as District Magistrate in 6 districts... Read More →


Monday November 25, 2019 15:00 - 16:20
Room XXV

15:00

Development finance and cooperation: the next frontier for business and human rights?
Session organized by the UN Working Group on Business and Human Rights

Interpretation provided in French, English and Spanish by DOCIP

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

About this session
Largely overlooked to date by the field of business and human rights, this session aims to put a spotlight on the issue of integrating the UN Guiding Principles on Business and Human Rights in the context of bilateral development cooperation and finance (whereas the policies and practice of international finance institutions have been subject to greater examination). And while private sector development has increasingly been emphasized in international development cooperation, and the private sector is recognized as a key contributor to the Sustainable Development Agenda, less attention has been given to the need for managing human rights risks linked to business activities and dynamics of private sector development.

Recently, some development agencies and development finance institutions have taken steps to develop polices and human rights due diligence frameworks in line with the UN Guiding Principles. The session aims to learn from such experiences and to engage the audience in a debate on the importance of applying the UN Guiding Principles in the context of bilateral development cooperation and finance, and the way forward for making wider progress in this area.

Background
The UN Guiding Principles on Business and Human Rights call for policy coherence between the State’s international human rights obligations to protect and support human rights and the policies and practice of government actors that interface with the business sector. They clarify that “States should ensure that governmental departments, agencies and other State-based institutions that shape business practices are aware of and observe the State’s human rights obligations when fulfilling their respective mandates, including by providing them with relevant information, training and support.”
Previously the Working Group has examined how to integrate the Guiding Principles in the context of economic diplomacy (including by export credit agencies) and the governance and practice of State-owned enterprises.
The Working Group has also issued recommendations on the connection between the Guiding Principles and the SDGs: https://www.ohchr.org/Documents/Issues/Business/Session18/InfoNoteWGBHR_SDGRecommendations.pdf

Moderators
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Tyler Gillard

Tyler Gillard

Head of Sector Projects, OECD Responsible Business Conduct Unit, OECD
Tyler Gillard is the Head of Sector Projects and Senior Legal Adviser in the Responsible Business Conduct Unit of the OECD’s Investment Division. He leads the OECD’s work on due diligence in the financial, textiles, mining & metals, oil & gas and agriculture sectors. Tyler joined... Read More →
avatar for Karin Verstralen

Karin Verstralen

Manager Impact and ESG, FMO
Karin Verstralen is part of FMO’s Impact and ESG Management Team. She is responsible for the implementation and further development of FMO’s Impact and ESG ambition across sectors and is leading FMO’s business and human rights ambition.Prior to this Karin was the E&S Manager... Read More →
avatar for John Vercoe

John Vercoe

Director of ESG and Impact, 8 Miles
Key Knowledge Areas: Africa, ESG, Private Equity, IFC performance standards, DFI funding, SME’s, Emerging Markets. ... Bio: Director of ESG (Environmental, Social and Governance) and Impact at the pan-African private equity fund, 8 Miles. He brings in-depth knowledge of private... Read More →
avatar for Baptiste Tournemolle

Baptiste Tournemolle

Head of the Environmental, Social and Governance Division, Proparco


Monday November 25, 2019 15:00 - 16:20
Room XXI

15:00

Do companies prefer State action or inaction when it comes to promoting business respect for human rights - Stories from the frontline of businesses calling for action
Interpretation provided in English, French and Spanish

Session organized by Pillar Two, Article One, UN Global Compact, Global Compact Network Kenya, Global Compact Network Australia, Global Compact Network Thailand, Global Compact Network Brazil, Global Business Initiative on Human Rights and the International Organization of Employers.

The UN Guiding Principles on Business and Human Rights talk about the importance of governments not assuming that businesses always prefer state inaction to action on business respect for human rights. There are very good reasons for business to support policy evolution and regulation around respect for human rights, including to ensure that there are clear expectations for their conduct, a more level playing field and a framework for the provision of concrete support for business on how to meet growing stakeholder expectations.

The session will explore, through practical examples, why business sees value in pushing for regulatory and policy reform and the methods they have used to achieve reform. The session will include up to four companies from different geographical regions explaining why they chose to actively support a policy or regulatory change and how they did so, including some of the challenges and opportunities they encountered. It will also include commentary from government, a business association and civil society on the pros and cons of business pushing for change, including what advocacy might mean for multi-stakeholder engagement.

The aim is to encourage companies from a wide range of jurisdictions to meaningfully consider what their role may be in supporting reform as well as to ensure more effective action by businesses that want to engage in these types of initiatives. The session also aims to provide governments with an insight into how best to engage businesses in these initiatives and to encourage civil society representatives in the audience to consider how they might best work alongside business to drive reform forward.


Moderators
avatar for Chloe Poynton

Chloe Poynton

Co-Founder and Principal, Article One
Chloe is a Principal at Article One, a business & human rights consulting firm that works with companies, institutions, and state agencies to develop and implement strategies to promote corporate respect for human rights.
avatar for Vanessa Zimmerman

Vanessa Zimmerman

CEO, Pillar Two
Vanessa is a recognised global and domestic corporate sustainability expert focusing on human rights. Originally an anti-trust lawyer, Vanessa specialised in business and human rights, working for five years as a Legal Advisor to the UN Special Representative on Business and Human... Read More →

Speakers
avatar for Tytti Nahi

Tytti Nahi

Advocacy Manager, Fairtrade Finland
Strengthening Fairtrade’s international advocacy work, business partnerships and internal processes on HRDD; Active member of the Finnish campaign for a national (and EU-wide) HRDD law. @tyttinahi
avatar for Tony Khaw

Tony Khaw

Director, Corporate Social Responsibility, NXP Semiconductors
Tony joined NXP in Jan 2013 to lead the Social Responsibility/Compliance (SR) function. This includes the deployment of the program to the supply chain. Tony and the SR team, based in Singapore, is also responsible for supporting NXP’s compliance to customers’ SR programs. The... Read More →
avatar for Mary Thuo

Mary Thuo

C.E.O & Founder, Cityscape Trends Services, Kenya
Mary Wanja Thuo is the C.E.O & founder of Cityscape Trends Services Limited, a provider of superior and sustainable environmental services in the sanitation and cleaning sector. She has a wealth of experience in business and the service industry. Before she left formal employment... Read More →
PH

Peter Hall

Adviser, Business & Human Rights/Responsible Business Conduct, International Organization of Employers
avatar for Shubha Sekhar

Shubha Sekhar

Director Human Rights: Eurasia & North Africa, The Coca-Cola Company
Shubha Sekhar has more than two decades of international & cross-functional experience in Human Rights, Sustainability, Sustainable Business, Responsible sourcing, Corporate Social Responsibility, Law and Government, giving her a unique and practical understanding of different facets... Read More →
EW

Elizabeth Wilde

Deputy head of mission, Australian Permanent Mission to the UN
avatar for Inés Elvira Andrade

Inés Elvira Andrade

Director of Standards and Corporate Responsibility, Cerrejón - Minería Responsable


Monday November 25, 2019 15:00 - 16:20
Room XIX

15:00

Gender Guidance for the UN Guiding Principles on Business and Human Rights: From Paper to Practice
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Background

Women and girls experience adverse impacts of business activities differently and disproportionately. They may also face additional barriers in seeking access to effective remedies. Moreover, because of intersecting and multiple forms of discrimination, different women and girls may be affected differently by business activities in view of their age, colour, caste, class, ethnicity, religion, language, literacy, access to economic resources, marital status, sexual orientation, gender identity, disability, residence in a rural location, and migration, indigenous or minority status. Therefore, measures taken by states and businesses to implement the UN Guiding Principles on Business and Human Rights (UNGPs) in the form of laws, regulations, policies, plans, practices and decisions must be responsive to gender-differentiated impacts of business activities.
In line with its explicit mandate to integrate a gender perspective throughout its work (A/HRC/RES/17/4), the Working Group in 2017 launched a ‘gender lens to the UNGPs’ project. Building on exiting standards and drawing insights from regional consultations as well as received submissions, the Working Group in its June 2019 report to the Human Rights Council (A/HRC/41/43) provided guidance to states and businesses on integrating a gender perspective in implementing the UNGPs. In this report, the Working Group proposes a three-step gender framework (i.e., gender-responsive assessment, gender-transformative measures and gender-transformative remedies) and uses the framework to develop gender guidance specific to each of the 31 principles of the UNGPs.
This session seeks to invite diverse stakeholders to showcase, and brainstorm collectively, ways to implement the gender guidance for the UNGPs developed by the Working Group.

Objectives  

The session aims to:
  1. showcase how states, UN agencies, businesses, trade unions and civil society organisations could implement the gender guidance to the UNGPs in concrete terms;
  2. explore connection of the gender guidance to other regulatory initiatives at the corporate, national, regional or international level;
  3. identify not only ways to disseminate and implement the gender guidance but also the need for any further development of standards; and
  4. foster collaboration among different stakeholders to promote substantive gender equality in the business and human rights field.
     
    Format 
    The session will be organised like a ‘gender council’. It will begin with the moderator briefly introducing the gender framework and gender guidance for the UNGPs. This will be followed by selected delegates representing different stakeholders sharing concrete examples of how the gender guidance for the UNGPs could be (or have been) implemented. Each delegate will have max 3 mins to make one’s statement (like in the Human Rights Council). There will be time for moderated open discussion and comments from the floor.
    All delegates will be expected to submit beforehand a written copy of their statements for posting on the Working Group’s website.

Moderators
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →

Speakers
AP

Anna-Louise Pentland

Deputy Director, Global Affairs, Government of Canada
avatar for Anant Ahuja

Anant Ahuja

Head Organizational Development, Shahi
Anant leads the Organizational Development (O.D.) department at Shahi Exports. Established in 1974 by Sarla Ahuja, a seamstress herself, Shahi has grown to become India's largest apparel manufacturers, operating 60+ factories with a workforce of 100,000, a majority being women. The... Read More →
avatar for Neel Gammelgård

Neel Gammelgård

Private Sector Advisor, Danish Family Planning Association
Neel Gammelgård heads DFPA’s private sector programme in Kenya and the international strategy for private sector partnerships. She has 15 years’ experience within Sustainability, CSR and SDG Partnerships – focusing on the social side and on establishing a clear business-case... Read More →
avatar for Sunila Awasthi

Sunila Awasthi

Senior Partner, AZB & Partners
Sunila Awasthi is a senior partner at AZB & Partners, India's foremost law firm. She qualified as a lawyer from Delhi University in 1992 and took a Masters in Law degree from University of Queensland, Australia in the year 2000. Starting her career in the economic liberalization era... Read More →
avatar for Sara Seck

Sara Seck

Associate Professor, Marine & Environmental Law Institute, Dalhousie University
avatar for Meinrad Burer

Meinrad Burer

Head of Research, Responsible Mining Foundation
Meinrad Bürer has 20 years of experience in the design and implementation of sustainability strategies and standards, certification and result-based financing schemes, international climate policy, and energy technology. He is currently Head of Research at the Responsible Mining... Read More →
avatar for Francesca Manta

Francesca Manta

Human Rights Manager, BSR
Over the last ten years, Francesca has held various CSR roles supporting corporates to implement human rights, sustainability, and responsible supply chains programs and strategies. With a background in international development, she started her career at the Danish Institute for... Read More →
NY

Norka Yaneth Pareja Ortiz

Wayuu indigenous woman - Ipuana Clan, Indigenous woman
avatar for Gina Lea Barbieri

Gina Lea Barbieri

Advisor Omdusman/Mediation and dispute resolution, Compliance Advisor Ombudsam/World Bank
avatar for Sorcha MacLeod

Sorcha MacLeod

Associate Professor - University of Copenhagen, UN Working Group on the use of mercenaries
Marie Curie Fellow and Associate Professor at the Centre for Enterprise Liability (CEVIA) at the University of Copenhagen, Faculty of Law and member of the UN Working Group on the use of Mercenaries. Talk to me about: PMSCs, private security, MSI, regulation, gender, LGBTI, migrants... Read More →
BM

Berangere Magarinos-Ruchat

Global Head of Sustainability, Firmenich
CA

Claudio Avruj

National Human Rights Secretary, Argentina


Monday November 25, 2019 15:00 - 16:20
Room XX

15:00

Governments as catalysts for business respect for human rights in the world of work
Session organized by the International Labour Organization (ILO)

Webcast of the session:
Meeting link
Meeting number: 849 690 119
Password: KnJcBxkx

This session will look at how governments are stepping up efforts on their duty to protect workers from corporate human rights abuses through a smart mix of measures – national and international, mandatory and voluntary, incentives and sanctions – to foster business respect for human rights in the world of work, including their public-private sector collaboration.

The session will feature government representatives highlighting recent developments and initiatives by their governments on international labour standards and their effective application in law and practice. Employers’ and workers’ representatives will give their perspective on the catalyst role of governments in stimulating business respect for human rights in the world of work. ILO will moderate the session.

The session will discuss:
  • the role of international labour standards (Conventions and Recommendations)[1], including the new Violence and Harassment Convention, 2019 (No. 190) and Recommendation (No. 206) adopted during the 2019 International Labour Conference;
  • the call for governments to ratify international labour standards, particularly the ILO fundamental and governance Conventions and apply these in law and practice through appropriate legislation and effective implementation;
  • recent developments in strategic compliance providing the labour inspectorate with a new methodology to achieve compliance outcomes in light of limited resources, mismatched powers and a need to shoulder greater responsibility for promoting compliance in the ever-evolving world of work.
  • Governments’ action on enhanced protection of workers and compensation in case of work-related injuries.
  • the role of social dialogue engaging government and social partners in enhanced business respect for human rights in the world of work

[1] See ILO NORMLEX The ILO's information system which brings together information on International Labour Standards as well as national labour and social security laws www.ilo.org/normlex 

Moderators
avatar for Githa Roelans

Githa Roelans

Head, Multinational Enterprises and Enterprise Engagement Unit. Enterprises Department, International Labour Organization (ILO)

Speakers
avatar for Tengku Andi Zarhana Puteri Binti Tengku Daeng BahaIsmail

Tengku Andi Zarhana Puteri Binti Tengku Daeng BahaIsmail

Executive Officer Social Security Organisation (SOCSO) Pertubuhan Keselamatan Sosial (PERKESO), Social Security Organisation under the Ministry of Human Resources Malaysia
avatar for Sharan Burrow

Sharan Burrow

General Secretary, International Trade Union Confederation (ITUC)
Sharan Burrow was re-elected for a third term as General Secretary of the International Trade Union Confederation (ITUC) at its World Congress in December 2018. A passionate advocate and campaigner for social justice, women’s rights, the environment and labour law reforms, Sharan... Read More →
MT

Matthias Thorns

Deputy Secretary-General, International Organisation of Employers (IOE)
avatar for Anousheh Karvar

Anousheh Karvar

French Government Representative to the ILO / chair of the Alliance 8.7, International Labour Organization (ILO)
I am currently the French Government representative to the International Labour Organisation Governing Body and the French Labour and Employment Task Officer to G7-G20. Since July 2019, I chair the Alliance 8.7, a Global Partnership to end forced labour, modern slavery, human trafficking... Read More →
avatar for Rakesh Patry

Rakesh Patry

Director General, International and Intergovernmental Labour Affairs, Department of Employment and Social Development (ESDC) Canada
SG

Sara Gabriela Luna Camacho

Labour Affairs, Permanent Mission of Mexico to the United Nations Office and other international organizations in Geneva


Monday November 25, 2019 15:00 - 16:20
Room XXII

16:40

A “smart mix” for responsible investment: The role of government in promoting investor human rights due diligence and ensuring investor respect for human rights
Session organized by the Investor Alliance for Human Rights, ICCR, the UN Principles for Responsible Investment and Global Witness

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Financial systems have the potential to promote respect for human rights and contribute to achieving the Sustainable Development Goals (SDGs). Yet, doing so requires that institutional investors—from public pensions and trade union funds to asset managers, foundations, and family funds—consider human rights throughout their institutional governance and throughout the investment lifecycle. This requires that investors conduct human rights due diligence as part of their own activities, and it is imperative that governments adopt a “smart mix” of measures that strengthen regulation, improve policy coherence, and showcase how public financial institutions can lead by example in this area.

While the European Parliament has recently taken a monumental step in this regard, and while human rights due diligence has been outlined by the UN Guiding Principles on Business and Human Rights (UNGPs), integrated as a key feature of the OECD Guidelines on Multinational Enterprises, and unpacked for institutional investors in the OECD guidance document Responsible Business Conduct for Institutional Investors, significant gaps remain in clarifying what the implementation of the responsibility to respect human rights looks like for investors and how investors can be held accountable by States and others for adverse impacts.

This session’s objective will be to unpack how governments can most effectively contribute to filling these gaps. It will aim to achieve this objective through collaborative dialogue with participants.


Moderators
avatar for Paloma Munoz Quick

Paloma Munoz Quick

Director, Investor Alliance for Human Rights
Director of the Investor Alliance for Human Rights, a collective action platform for responsible investment that is grounded in respect for people’s fundamental rights. In this capacity, Paloma leads strategic development and drives thought leadership work to advance the investor... Read More →

Speakers
avatar for Rachel Owens

Rachel Owens

Head of EU Office, Global Witness
Rachel Owens is Head of EU Advocacy at Global Witness, an anti-corruption and human rights NGO. In 2017, she set up Global Witness’ first EU office leading and working on campaigns to introduce EU rules for mandatory investor due diligence, to crackdown on corruption in EU golden... Read More →
avatar for Paul Tang

Paul Tang

Member, European Parliament
Paul Tang is since 1 July 2014 Member of the European Parliament for the Partij van de Arbeid (PvdA), sitting in the Group of Socialists and Democrats. He received a PhD in Economics from the University of Amsterdam and worked for the Dutch ministry of Economic Affairs and the Bureau... Read More →
avatar for Laetitia Tankwe

Laetitia Tankwe

Conseillère du Président, Ircantec
Laetitia Tankwe is advisor to the president of the board of trustees of Ircantec, a €11Bn pay as you go complementary French pension scheme . She has more than 15 years of experience in the financial s sector. She joined from Banque Populaire Méditerranée, where she was advisor... Read More →
avatar for Louise Kranenburg

Louise Kranenburg

Advisor Responsible Investment, MN Asset Management
Louise works as an advisor Responsible Investment at MN, an asset manager for pension funds in the Netherlands, with a current AUM of €145 bln. This includes advising on and implementing social aspects within the investment policy of clients, overseeing the engagement work with... Read More →


Monday November 25, 2019 16:40 - 18:00
Room XXI

16:40

Corporate accountability: Lessons from recent legal cases
Session organized by the UN Working Group on Business and Human Rights and OHCHR

Webcast of the session:
Meeting link
Meeting number: 848 528 134
Password: xUFKhDFj

Background
Principle 26 of the UNGPs provides that States should consider “ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy.” The way in which legal responsibility is attributed among members of a corporate group under domestic laws often operates as a legal barrier to corporate accountability for human rights abuses. In particular, courts’ approach to the doctrine of separate corporate personality has made it extremely difficult for plaintiffs to take legal action against parent companies in appropriate cases for human rights abuses connected with the activities of their subsidiaries.

In its final report to the Human Rights Council at the conclusion of phase 1 of the OHCHR Accountability and Remedy Project, the UN High Commissioner for Human Rights called upon States to improve the effectiveness of State-based judicial mechanisms to strengthen corporate accountability and access to remedy in cases of business-related human rights abuses, including by “developing policies and legal reforms that respond more effectively to the practicalities of organization and management of business enterprises and which take into account the particular challenges arising from complex global supply chains.”

The tension between separate corporate personality and corporate accountability objectives, and the legislative reforms that may be needed to deal with it, have thus far gone largely unaddressed in National Action Plans on Business and Human Rights. On the other hand, there have been some recent court decisions which could pave the way for more civil litigation against parent companies in the future. In April 2019, the UK Supreme Court in Vedanta Resources Plc v Lungowe confirmed that in certain circumstances a parent company may owe a duty of care towards those affected by its subsidiaries’ operations. A few weeks later, a Dutch court in a case against Royal Dutch Shell Plc ruled that it has jurisdiction to consider whether Royal Dutch Shell was complicit in the Nigerian government’s execution of the “Ogoni Nine” in 1995.

There have been similar attempts to hold parent companies accountable in other countries such as Canada (Hudbay Minerals, Tahoe Resources) and Thailand (Mitr Phol). Legal proceedings have also been initiated in France under the Duty of Vigilance Law and for misleading advertising against Samsung.

In a different but related context, in March 2019, the US Supreme Court in Jam v IFC ruled that the International Finance Corporation, an arm of the World Bank Group, does not enjoy absolute immunity from suits related to its financing of projects.

Objectives
This session aims to:
  1. Analyse critically the opportunities and challenges arising from recent court decisions brought against parent companies;
  2. Discuss the lessons for States in terms of legal and policy reforms that they should introduce in terms of Principle 26 of the UNGPs;
  3. Explore how States could make use of the guidance from ARP I in strengthening access to effective remedy in the context of corporate groups; and
  4. Examine how mandatory human rights due diligence initiatives and the proposed legally binding international instrument could strengthen corporate accountability, including of parent companies in appropriate cases, for business-related human rights abuses.

Format
The session will involve a moderated discussion with panelists comprising lawyers and CSOs related to selected cases concerning corporate accountability of parent companies. There will be opportunities for people to participate in discussion from the floor.

Moderators
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →

Speakers
avatar for Dan Leader

Dan Leader

Partner, Leigh Day lawyers
Daniel Leader is a Barrister and Partner in the International Department of Leigh Day and specialises in international claims, group actions, environmental and human rights law.Over the past 25 years Leigh Day has been involved in ground breaking cases on behalf of victims from the... Read More →
avatar for Jennifer Zerk

Jennifer Zerk

Legal consultant, OHCHR Accountability and Remedy Project
I am an independent researcher and analyst specialising in legal and policy issues in business and human rights. I am the lead legal consultant to the OHCHR's Accountability and Remedy Project. I am also an Associate Fellow in the International Law Programme at Chatham House (the... Read More →
avatar for Sandra Cossart

Sandra Cossart

Executive Director, Sherpa
Since 1 November 2017, Sandra Cossart is Sherpa’s director.Prior to this position, Sandra headed the Globalisation and Human Rights Program within Sherpa for almost 8 years. She was a leading voice on the need to change the legal framework so that legal structures would reflect... Read More →
avatar for Sor Rattanamanee Polkla

Sor Rattanamanee Polkla

Executive Coordinator, Community Resources Centre
Sor.Rattanamanee Polkla’s career spans the past nineteen years of public interest lawyering in Thailand, and she has been involved in many of its most significant recent cases. After working for years as an independent public interest lawyer, in 2010 she co-founded with Prashant... Read More →



Monday November 25, 2019 16:40 - 18:00
Room XXV

16:40

Corruption: the business and human rights dimension
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

This session is a kick-off for a consultation process led by the Working Group on Business and Human Rights to inform its report to the UN Human Rights Council in 2020, which will address the connection between anti-corruption efforts and implementation of the UN Guiding Principles on Business and Human Rights. It will involve perspectives from governments and multi-stakeholder panel. The panel will address a range of key questions for the intersection between these two agendas, including:
  • How governments in different regions see the connection between both agendas and how policy and regulatory efforts to advance anti-corruption can extend to promoting corporate respect for human rights
  • Lessons from business on how integrating respect for human rights and human rights due diligence enhances overall supply chain risk management and the importance of a people-centred approach
  • Lessons for the business and human rights agenda from various civil society-led efforts to address corporate-related corruption, including: work done to address beneficial ownership and anonymous shell companies; initiatives to promote integrity pacts and clean contracting in procurement; and efforts to seek remedy for victims of corporate-related corruption through legal avenues.

For more background and explanation of what the Working Group is seeking to address, see the preliminary concept note at: https://www.ohchr.org/Documents/Issues/Business/WGCorruptionBHR.pdf

The session is complemented by a session on 26 November organized by the UN Global Compact and the Alliance for Integrity, which will explore how companies are reducing risks related to human rights and corruption through the implementation of due diligence processes.

Moderators
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Ulrika Lyckman

Ulrika Lyckman

Deputy director, Department for Promotion of Sweden, Trade and CSR, Ministry for Foreign Affairs, Sweden
Ulrika is presently Deputy Director at the Ministry for Foreign Affairs, in the team of sustainable business. She is head of delegation to the OECD working group on bribery, responsible for Business and Human Rights as well as being the focal point for Feminist Foreign Policy. As... Read More →
avatar for Simon Taylor

Simon Taylor

Director, Global Witness
avatar for Irina Lonean

Irina Lonean

Project Coordinator, Transparency International
I'm working with Transparency International since 2010, carrying out research and advocacy in Romania for public and private sector integrity. My approach to fighting corruption is focusing on building strong institutions, businesses and NGOs in order to develop organisation cultures... Read More →
avatar for Viviane Schiavi

Viviane Schiavi

Deputy Director, Inclusive & Green Growth, International Chamber of Commerce
Viviane Schiavi is Senior Executive for Corporate Responsibility and Anti-corruption with the International Chamber of Commerce (ICC), overseeing ICC’s work to promote anti-corruption, responsible business conduct and corporate responsibility worldwide. These objectives are pursued... Read More →
avatar for Anneke Van Woudenberg

Anneke Van Woudenberg

Executive Director, Rights and Accountability in Development (RAID)
Anneke Van Woudenberg is the Executive Director of corporate watchdog NGO Rights and Accountability in Development (RAID), which she joined in March 2017. Previously she was the Deputy Africa Director at Human Rights Watch where for 14 years she led in-depth fact-finding on human... Read More →


Monday November 25, 2019 16:40 - 18:00
Room XX

16:40

Free, prior and informed consent - Why companies need to act on indigenous peoples’ rights
Session organized by Asia Indigenous Peoples Pact

Interpretation in English, French and Spanish provided by DOCIP.

Webcast of the session:
Meeting link
Meeting number: 849 690 119
Password: KnJcBxkx

Short description the session
Following the adoption of the UN Guiding Principles on Business and Human Rights, a growing number of investors, financial institutions and businesses in a range of sectors have developed, or are in the process of developing, safeguard policies that require them to respect indigenous peoples’ rights, especially their right to free, prior and informed consent (FPIC) as part of their “social license to operate.”
Furthermore, indigenous peoples’ rights to self-determination and to their rights to lands, territories and resources have been gaining support and attention at different levels. However, a growing body of decisions of UN human rights bodies, regional and national courts and complaint mechanisms such as the OECD National Contact Points demonstrate that indigenous peoples continue to be the victims of human rights abuses associated with business activities in sectors such as mining, agribusiness, real estate, tourism, and others.
Typical impacts involve adverse impacts on land and resource rights and attacks against indigenous human rights defenders. Human rights abuses have also been documented in the context of environmental “conservation” undertakings such as national parks and “green energy” projects, and infrastructure development such as mega dam projects. The rights of indigenous peoples are often the first victims of development/business activities in their territories, an often without their FPIC. Those activities are often accompanied by militarization or heavy use of security forces to tackle opposition, which results in more violations.
This session will bring the narratives of indigenous peoples from the ground. It will address the FPIC concept from indigenous peoples’ perspectives which emphasize their ability to exercise collective rights and not necessarily understood as to “consent” by individuals. Moreover, it will call on the need for business to recognize FPIC and respect the rights of indigenous peoples.

Session objectives
  1. Raise awareness among a business audience of the concept of FPIC from the indigenous peoples’ perspective, especially in relation to the notion of collective rights.
  2. Highlight cases from the ground where FPIC is not respected with adverse impacts on the rights of indigenous peoples.
  3. Explore how States can more effectively protect indigenous peoples’ rights and enable FPIC in reality.

Key discussion questions
  • What are the main impacts suffered by the indigenous people in a business context when a meaningful FPIC is not carried out?
  • What is FPIC in relation to the UNDRIP and the linkages between consent and consultation?
  • What is the role for governments in fostering business respect for indigenous peoples’ rights and strengthening protection of the rights of indigenous peoples?

Background to the discussion
The international community is increasingly recognizing the rights of indigenous peoples after several decades of advocacy and negotiation by indigenous peoples in international decision-making processes. Several international instruments address the plight of indigenous communities in terms of their socio-cultural and economic marginalization, exclusion from benefit sharing of economic growth, and impacts of development and climate change on their cultures, identities and resources. The role and contribution of indigenous peoples in sustainable resource management and social and economic development are also gaining recognition and appreciation around the world (AIPP, 2010). Intergovernmental bodies, UN agencies, international organizations, international conventions and human rights law have increasingly, but at varying degrees, recognized indigenous peoples’ right to FPIC. Some international laws and instruments have incorporated FPIC as a right and a principle, making FPIC an obligation for those countries that have ratified these international instruments, notably the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Of particular relevance to indigenous peoples’ rights in business contexts are their rights to lands, territories and resources guaranteed in the Declaration. It sets out that indigenous peoples have the right to lands, territories and resources, which they have traditionally owned, occupied or otherwise used or acquired and States should give legal recognition and protection to these lands, territories and resources (art. 26). States should also establish and implement processes to recognize and adjudicate indigenous peoples’ rights in relation to their lands, territories and resources (art. 27).
Further, the Declaration requires Free, Prior and Informed Consent (FPIC) of indigenous peoples before:
their relocation from their lands or territories, including an agreement on just and fair compensation and, where possible, with the option of return (art. 10);
adopting and implementing legislative or administrative measures that may affect them (art. 19);
storage or disposal of hazardous materials on their lands or territories (art. 29.2); and
approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilisation or exploitation of mineral, water or other resources (art. 32).
The Indigenous and Tribal Peoples Convention (No. 169) of the International Labour Organization provides a framework for protection of indigenous peoples’ rights. While many provisions in the Convention are similar to the UNDRIP, particularly in relation to land rights, its provisions related to employment and industries, among other issues are also specifically relevant in business and human rights discourse. 23 States across the world have ratified the Convention to date.

Moderators
avatar for Signe Leth

Signe Leth

Senior advisor, IWGIA

Speakers
avatar for Jill Carino

Jill Carino

Executive Council, Asia Indigenous Peoples Pact
An indigenous Ibaloy activist from Baguio City, Philippines working for the advancement of indigenous peoples rights to land, traditional knowledge and self-determination.
JC

Joan Carling

co-convenor, Indigenous Peoples Major Group for Sustainable Development-IPMG
I am an indigenous activist for more than 30 years working on human rights and indigenous peoples rights including in relation to business operations. I am now focusing on the linkages of human rights with the SDGs and the IPMG has initiated the Right Energy Partnership- a rights-based... Read More →
avatar for Mali Ole Kaunga

Mali Ole Kaunga

Director/Founder, IMPACT/ PARAN alliance Kenya
Mali Ole Kaunga is a laikipia Maasai, the founder and Director of OSILIGI(Organisation for the Survival of IL- Laikipiak Maasai Indigenous Group Initiatives) that translate to HOPE in Maasai. OSILIGI later transformed into IMPACT (Indigenous Movement for Peace Advancement and Conflict... Read More →
avatar for Indianara Ramires Machado

Indianara Ramires Machado

Guarani Kaiowa indigenous youth representative, AJI (Action Association of Young Indians of Dourados)
Lives in the indigenous land of Dourados in Mato Grosso do Sul Brazil, graduated in nursing from the State University of Mato Grosso do Sul, since 12 years participates in the movement of indigenous youth of Mato Grosso do Sul. She is vice president of AJI - Young Indigenous Youth... Read More →
DM

Durga Mani Yamphu

Lawyers Association Human Rights Nepalese Indigenous Peoples


Monday November 25, 2019 16:40 - 18:00
Room XXII

16:40

National action plans: From paper to practice – lessons learned, challenges, innovation
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Brief Description:
This Forum session, led by the UN Working Group on Business and Human Rights, will provide an opportunity for States to share updates on progress in implementing the Guiding Principles on Business and Human Rights (UNGPs) through the development and implementation of national action plans.

Under the 2019 Forum’s central theme “Time to act: Governments as catalysts for business respect for human rights”, the Working Group invites States to share information about:
  1. Impact of existing national action plans on business and human rights, including assessments of implementation measures;
  2. (The process of) developing a national action plans on business and human rights: lessons learned, challenges and way forward

Tentative agenda
Part I: Existing national action plans on business and human rights - Impacts, innovations and lessons learned from implementation
  • National action plans: moving from policy commitments to fostering responsible business conduct in practice and more effective protection of human rights on the ground – impacts and lessons learned
  • Open dialogue: translating plans into action
    • Government interventions
    • Other stakeholders

Part II: Getting started: lessons learned from the process of developing a national action plan
  • Getting the process right from the start: lessons learned, challenges and way forward in developing inclusive national action plans
  • Open dialogue:
    • Government interventions
    • Other stakeholders
  • Wrap-up by the Working Group

Background to the discussion:
In its 2019 Report to the General Assembly (A/74/198), the Working Group addresses, among others, current challenges and positive practices resulting from the development and implementation of national action plans on business and human rights. The report considers national action plans as a key policy tool to achieve policy coherence and to help States discharge their duty to protect against business-related human rights abuses in line with the UNGPs, and it proposes practical ways to enhance government’s capacity, ability and action to achieve this goal.

A growing number of States recognize the need for greater policy coherence in the area of business and human rights and practical steps are being taken by some governments, particularly through the development of national action plans. However, much work remains to fulfil the potential of the Guiding Principles: developing and adopting a national action plan is an important step in the right direction for governments. However, they should constitute a point of departure and the beginning of a process of national action involving all relevant stakeholders with the objective of transforming policy into practice through a “smart mix” of measures. The commentary to UN Guiding Principle 3 elaborates on this as it underlines that States “should consider a smart mix of measures – national and international, mandatory and voluntary – to foster business respect for human rights”. National action plans should serve as powerful forward-looking instruments that can inspire the most effective measures in the national context as well as collective action with other governments.
For countries that have already a national action plan in place, the report highlights some of the challenges governments face in translating policy commitments into protection on the ground. These include insufficient political and operational leadership to ensure policy implementation and accountability; government ministries, departments and agencies working in “silos”; a lack of common policy understanding or objectives; poor coordination and collaboration between and across government bodies; insufficient capacity, guidance and support on policy implementation.

The key message to Governments in the context of the development and roll-out of national action plans is that they need to scale-up efforts to establish and maintain inclusive and effective mechanisms to implement the UNGPs effectively. In fulfilling their duty to protect, it is critical to build operational capacity and ensure accountability across all relevant government entities, including at the local and subnational level.

How to participate:
States that wish to share their experiences and perspectives are encouraged to indicate their interest by sending an email to wg-business@ohchr.org. with cc to forumbhr@ohchr.org, including in the subject line:
“Forum NAP session – [country name]”.

States should indicate whether they would like to speak in part I or part II, or both.
Although speaking time will be limited (2 minutes for interventions from the floor), all States are encouraged to submit statements and written submissions to be posted on the Forum webpage. The format of the session is a moderated discussion (conversation-style), and all participants are encouraged not to read from pre-prepared statements, but rather to take part in a dynamic discussion.

See also the Working Group’s invitation to States and other stakeholders to submit written information about progress in implementing the Guiding Principles on Business and Human Rights: https://www.ohchr.org/EN/Issues/Business/Forum/Pages/SubmissionsImplementation2019.aspx

Moderators
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Sérgio Augusto de Queiroz

Sérgio Augusto de Queiroz

National Secretary, Ministry of Women, Family and Human Rights, Brazil
Sérgio Augusto de Queiroz was born in João Pessoa, State of Paraíba. He is a lawyer, Attorney at Law of the National Treasury and a pastor. He graduated in civil Engineering, Safety Engineering at Work and Law at the Federal University of Paraíba. He also holds a Bachelor in Advanced... Read More →
avatar for Kamran Rajar

Kamran Rajar

Joint Secretary, Ministry of Human Rights, Pakistan
Malik Kamran Azam Khan Rajar is the Joint Secretary at the Ministry of Human Rights, Government of Pakistan. He is the driving force behind the business and human rights initiative in Pakistan and has extensively worked on a wide range of human rights issues, forming innovative ways... Read More →
MN

Maryann Njau

Senior Deputy Solicitor General, Office of the Attorney General and Department of Justice, Kenya
avatar for Michaela Spaeth

Michaela Spaeth

Director for Energy and Climate Policy, Business and Human Rights, International Employee Rights and Employee Issues, German Foreign Ministry
Michaela Spaeth is Director for Energy and Climate Policy, Economic Affairs and Human Rights,International Labour Rights and Issues at the German Federal Foreign Office. Michaela is a careerdiplomat. Her professional path has focused on economic and global issues and climate policy... Read More →
avatar for Wisit Wisitsora-At

Wisit Wisitsora-At

Permanent Secretary, Ministry of Justice of Thailand
Professor Wisit Wisitsora-at has a distinguished track record within the civil and criminal justice sphere in Thailand and internationally. He has been serving as the Permanent Secretary of the Ministry of Justice of Thailand since 2017. He is also the Chairperson of the Executive... Read More →


Monday November 25, 2019 16:40 - 18:00
Room XIX
 
Tuesday, November 26
 

09:00

Addressing environmental harms – the business and human rights connection
Session organized by the United Nations Environment Programme (UNEP) and the UN Office of the Special Rapporteur on Human Rights and the Environment

Interpretation in English and Spanish provided by DOCIP and in Portuguese to be confirmed.

Session Description
Business operations have an impact on a wide range of human rights related to the environment. While governments should be catalysts for business’ respect for human rights, it is nevertheless crucial for businesses to be aware of environmental human rights when implementing their responsibility to respect under the United Nations Guiding Principles. The role of businesses in respecting and promoting human rights and a healthy environment has never been of more importance. Moreover, there exist meaningful opportunities for businesses to support environmental human rights and rights holders.

The session will provide an opportunity for engagement with Forum participants and stakeholders, including business and private sector actors, to enhance understanding on issues related to environmental human rights and the associated responsibilities of businesses. The session will also discuss some good examples of business practices respecting environmental human rights that promote good environmental governance and the environmental rule of law even when operating in a state that is failing to protect environmental human rights.

The session will consider what kind of guidance tools may be most useful for businesses to enable respect and championing of environmental human rights; as well as existing examples that fully embrace business responsibilities to respect and support environmental human rights.

Session Objectives
To present UNEP’s Environmental Rights Initiative to business and private sector actors as well as other stakeholders and rights-holders and to introduce the Initiative’s work relating to businesses;
  • To enhance the capacity of business and private sector actors to understand and operationalise the linkages between human rights and the environment and the situation of environmental human rights defenders;
  • To consider existing resources and good practices relating to environmental human rights for business and private sector actors, as well as information and materials on environmental rights and EHRDs; and
  • To conduct a basic needs assessment with business and private sector participants, informed by the views of other stakeholders and rights-holders.

Format of the Session
Panel format with three sets of presentations of new ideas, followed by interactive discussion with panelists and participants, moderated by an academic expert.

Background to the Discussion
Environmental degradation, including climate change, undermines the enjoyment of a wide range of human rights such as rights to life, food, housing as well as the right to live in a healthy environment. States have obligations to protect human rights from the environmental harm and businesses have a responsibility to respect human rights. Nonetheless, the relationship between business responsibilities for human rights and the environment is not always very clear. Furthermore, environmental human rights defenders play a critical role in identifying and assessing actual and potential adverse human rights impacts of business activities. However, they are often at heightened risk of attacks and harassments from governments and businesses. Great untapped opportunity exists for businesses and environmental human rights defenders to work together to support rights holders, improve business operations and enhance sustainability.

The session will consider how the business responsibility to respect rights might apply to environmental harms experienced by the most vulnerable. Participants will discuss how international normative shifts, such as the 2030 Agenda, are pushing businesses to pro-actively adopt business models that enable them to contribute positively to long-term sustainability and respect for human rights. The session will discuss how human rights violations arising from environmental change may be considered salient risks that demand a response that aligns with the UN Guiding Principles. As UNEP is considering whether, and if so, how to develop a new tool or tools to help move businesses beyond a culture of compliance to one where environmental rights are meaningfully championed, the event will provide space to discuss the need and potential content of such a tool with participants. This will be achieved through constructive engagement on the needs of business in this area of work, with attention to the views of stakeholders and rights-holders, as well as by considering how any new guidance could and should build on existing tools developed by others in the field.

Please be informed that refreshments will be served before the session
Interpretation provided in English and Portuguese

Moderators
avatar for Sara Seck

Sara Seck

Associate Professor, Marine & Environmental Law Institute, Dalhousie University

Speakers
avatar for Michael Ineichen

Michael Ineichen

Programme Director, International Service for Human Rights
Michael joined ISHR in 2006 and has contributed to many of ISHR's core activities and programs and currently coordinates the work on business and human rights defenders. He oversees advocacy at the Human Rights Council, and has contributed to many key resolutions, most recently on... Read More →
AS

Andrew Slight

Global Public Policy Director, PepsiCo
Andrew has been Director of Global Public Policy since 2013, based in New York. In this role, he leads external engagement with public policy and other stakeholders on a number of issues key to PepsiCo, including human rights and sustainable agriculture. Prior to joining the Global... Read More →
avatar for Indianara Ramires Machado

Indianara Ramires Machado

Guarani Kaiowa indigenous youth representative, AJI (Action Association of Young Indians of Dourados)
Lives in the indigenous land of Dourados in Mato Grosso do Sul Brazil, graduated in nursing from the State University of Mato Grosso do Sul, since 12 years participates in the movement of indigenous youth of Mato Grosso do Sul. She is vice president of AJI - Young Indigenous Youth... Read More →
DB

David Boyd

UN Special Rapporteur on Human Rights and the Environment
avatar for Stephanie Venuti

Stephanie Venuti

Organisation for Economic Co-operation and Development (OECD)
Stephanie Venuti is a Policy Analyst within the OECD Centre for Responsible Business Conduct where she leads OECD country engagement in Japan and Philippines, and manages country partnerships under the OECD-ILO-EU Programme on Promoting Responsible Supply Chains in Asia.Within this... Read More →



Tuesday November 26, 2019 09:00 - 10:15
Room XIX

09:00

Aligning international investment policy and practice with the pillars of “Protect, Respect, Remedy” - what States should do
Session organized by the UN Working Group on Business and Human Rights in collaboration with the London School of Economics and Political Science (LSE), the Southern and Eastern Africa Trade Information and Negotiations Institute (SEATINI) and the Columbia Center on Sustainable Investment (CCSI)

Webcast of the session:
Meeting link
Meeting number: 841 558 315
Password: smgwPdAP

Background 
States are seeking foreign direct investment (FDI) to create jobs, build infrastructure, attract technology, and realise the Sustainable Development Goals. They use a range of strategies and tools in their efforts to attract FDI – from engaging investment promotion agencies to establishing export processing zones, offering tax incentives, providing finance and guarantees, and negotiating international investment agreements (IIAs).
The entire spectrum of investment law and policy making at national, regional and international levels provides a fertile context to implement the “protect, respect and remedy” pillars of the UN Guiding Principles on Business and Human Rights (UNGPs). There are several reasons for this. Strategies and tools aimed at attracting FDI pose unique governance challenges that create permissive environments for adverse human rights impacts. At the same time, investment law and policy making provides States an opportunity to align strategies and tools for attracting FDI with their human rights obligations and in turn achieve greater policy coherence. Only by adopting a holistic and rights-based approach can States accomplish inclusive, equitable and sustainable growth.
The session will explore a range of issues across three pillars of the UNGPs. For example, what steps States should take to implement their “protect pillar” obligations in the full range of State functions that make FDI possible, including setting policies and regulations, negotiating IIAs and State-investor contracts, and facilitating, promoting, financing and insuring FDI. It will also consider whether and how inclusion of various types of human rights provisions in IIAs can promote business respect for human rights in line with the “respect pillar” of the UNGPs. Finally, the session will look at certain strategies that States may consider to implement the “remedy pillar” of the UNGPs, so as to improve access to remedy and corporate accountability for investment-related human rights abuses.
It is hoped that the session will also connect dots with other relevant parallel processes such as the ISDS reform work undertaken by UNCITRAL’s Working Group III and the proposed treaty on business and human rights being discussed at the Human Rights Council.         
This session should assist States, policymakers, investors and civil society organisations in identifying concrete ways in which investment law and policy making could implement the “protect, respect and remedy” pillars of the UNGPs.  

Objectives 
This session aims to:
  • unpack what the UNGPs expect States to do in the entire gamut of investment law and policy making at the national, regional and international levels;
  • review whether States are making an effective use of IIAs to promote business respect for human rights, including by imposing human rights obligations on investors; and
  • consider what States could do to harness the role of IIAs in strengthening access to remedy and corporate accountability for investment-related human rights abuses. 

Format 
This session will be framed as a moderated conversation with panellists and participants contributing to a single story: what States are doing (or should do) to implement the UNGPs across their investment law and policy domain.
The session will begin with a panellist unpacking what the UNGPs entail for States in terms of investment law and policy making (e.g., investment promotion agencies, funding, insurance and government guarantees, and IIAs). The conversation will then move on to reviewing a range of State responses and actions to reform IIAs in line with the UNGPs. This discussion will also take cognisance of UNCTAD’s recommendations to States in reforming the old generation IIAs. Finally, a panellist will share several ideas about whether and, if so, how States could employ IIAs to enhance access to remedy and corporate accountability for human rights abuses in the context of international investment.
To involve participants more closely in the story telling, the moderator will invite comments and questions from the floor at regular intervals.

Moderators
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →

Speakers
AS

Andrea Shemberg

Visiting fellow, London School of Economics
JS

Jane Seruwagi Nalunga

Country Director, Southern and Eastern Africa Trade Information and Negotiations Institute (SEATINI) Uganda
Economic Policy
JC

Jesse Coleman

Legal Researcher, Columbia Center on Sustainable Investment, Columbia University
ET

Elisabeth Tuerk

Chief International Investment Agreements Section Division on Investment and Enterprise, UNCTAD


Tuesday November 26, 2019 09:00 - 10:15
Room XXII

09:00

Minding the governance gap: Can we rely on private standard-setting initiatives as methods for prevention, remediation and accountability?
Session organized by the Institute for Multi-Stakeholder Initiative Integrity (MSI Integrity)

Webcast of the session:
Meeting link
Meeting number: 840 079 851
Password: rBEJX7Zh

Description of the session:
Private standard-setting initiatives, such as multi-stakeholder initiatives and corporate/industry codes of conduct now exist in every major global industry. However, the rise of these new “regulatory” bodies in filling governance gaps has begun to pose difficult questions about the appropriate role and response of governments and corporations: Does the existence of these initiatives mean that governments do not need to monitor or regulate the issues the initiatives address? Can corporations and governments rely on private initiatives to effectively close governance gaps and, if so, how should they determine which initiatives are successfully preventing abuses? What do the concerns expressed by Dutch Council of State earlier this year -- that the Dutch government’s practice of convening multi-stakeholder groups to reach agreements on environmental and social issues may be an abrogation of the government’s legislative role and duties -- mean for the future of multi-stakeholder processes and initiatives?
This session will interactively explore new lessons learned about whether, and under what conditions, private governance initiatives can successfully support the State duty to protect human rights; the value of affected community participation; and the democratic accountability of such initiatives. The session will analyse the qualities of initiatives that have worked, including those based on the Worker-driven Social Responsibility (WSR) model, which has been uniquely effective in addressing some of the most egregious and longstanding abuses in global supply chains.

Session Objectives: 
  • To identify key qualities for initiatives that aim to close governance gaps and to protect, respect and remedy human rights;
  • To explore the appropriate role for private standard-setting initiatives, and whether or how governments and businesses should rely upon them in their National Action Plans or business and human rights strategies;
  • To explore new research, evidence and experiences about the effectiveness of standard-setting initiatives;
  • To examine new approaches (such as third-party beneficiary enforceability and the expansion of the Worker-driven Social Responsibility (WSR) model) and ideas for harnessing existing initiatives to ensure the protection of, and respect for, human rights.

Key discussion questions:
  • Can governments and corporations rely on private standard-setting initiatives as methods for prevention, remediation and accountability when considering their duty to protect? If so, what qualities should they look to?
  • Have initiatives been successful in detecting abuses, providing remedy to rights-holders or holding wrongdoers to account? What new evidence and research has emerged around this in the last few years?
  • How can the thousands of different initiatives that now exist be best used to ensure the protection of human rights? What functions and roles have private standard-setting initiatives proved effective at fulfilling?

Format of the session:
Roundtable with an emphasis on interactive audience engagement. Depending on room allocation, this may include break out groups/themed discussions – with some being led by additional individuals from different expertise/stakeholder groups than those listed above.

Moderators
avatar for Joseph Wilde-Ramsing

Joseph Wilde-Ramsing

Coordinator, OECD Watch & Senior Researcher, Centre for Research on Multinational Corporations (SOMO)

Speakers
avatar for Charity Ryerson

Charity Ryerson

Co-founder and Legal Director, Corporate Accountability Lab
Human rights litigation strategy, access to remedy, transitional justice, legal design and design thinking
KA

Kalpona Akter

Bangladesh Center for Worker Solidarity
avatar for Amelia Evans

Amelia Evans

Executive Director, Institute for Multi-Stakeholder Initiative Integrity
MSI Integrity has a major report on standard-setting multi-stakeholder initiatives forthcoming in January 2020. Happy to talk to people about this research, or our future working on "challenging the corporate form". @AmeliaEvans2019
SN

Sarah Newell

Director of Outreach and Communications, Worker-driven Social Responsibility Network
avatar for Mariette van Huijstee

Mariette van Huijstee

Senior Researcher, Centre for Research on Multinational Corporations (SOMO)
avatar for Genevieve LeBaron

Genevieve LeBaron

Co-Director, Sheffield Political Economy Research Institute (University of Sheffield)
Genevieve LeBaron is Professor of Politics at the University of Sheffield and Director of SPERI. Her research focuses on forced labour, modern slavery, and human trafficking in global supply chains, and the effectiveness of government, business, and CSR initiatives to combat it. She... Read More →


Tuesday November 26, 2019 09:00 - 10:15
Room XXV

09:00

Regulating businesses in contexts of conflict and occupation: what more is needed?
Session organized by the Essex Business and Human Rights Project in collaboration with Al-Haq, GreenAdvocates, Norwegian People’s Aid, Swedwatch, and the Syrian Legal Development Programme

Interpretation provided in English, French and Spanish by DOCIP.

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Overview, aims and objectives
Managing business impacts on human rights in conflict-affected contexts is both important and difficult. Get it right and you can limit the impact of the conflict on human rights; get it wrong and you can set the conditions for re-igniting the conflict or exacerbating and institutionalizing negative impacts on human rights. The panel will take the form of a conversation between people working in different contexts but experiencing similar problems with conflict-affected and occupied areas. Drawing on the experiences of NGOs and academics, this panel will examine the particular risks posed by businesses operating in conflict-affected areas and on the potential for states (and businesses) to proactively and appropriately manage those risks. Panelists will identify best practices, discuss the difficulties of balancing rights in these contexts, and outline risks for which both businesses and states should be aware. Finally, we will discuss the particular remediation needs for individuals and communities impacted by business activities in situations of armed conflict.

Key discussion questions
Amongst the key question we will address:
  • What are the primary risks businesses pose when operating in situations of conflict, occupation, and post-conflict reconstruction?
  • Are there differences in both risks and liability for domestic versus international actors, or for parents versus subsidiaries?
  • Are there particular risks for financial actors or humanitarian organisations?
  • What role do ‘home states’ have in regulating corporations when they enter a state? Is there any best practice (or, sadly, bad practices) in this area?
  • What avenues of accountability – both criminal and civil – are there are at the national and international levels? How have these worked in practice? What lessons should we draw from these experiences?

Format of the session
The session will take the form of a conversation, with panelists answering questions posed by the moderator and responding to the insights of one another. This will be followed by insights from the community at large, and a period of question and answer.

Background
Conflicts are often cyclical, and each stage of a conflict poses different risks to human rights. Studies show that businesses and their activities can either reduce harms associated with conflict or exacerbate and institutionalize the impacts. While the harms caused by businesses in situations of armed conflict are often well documented, stopping those harms – and remediating them – has proven difficult. The UN Guiding Principles on Business and Human Rights (UNGPs) provide some guidance for both businesses and home states. Additionally, eminent jurists, including those that specialize on business and human rights, recently published 10 Principles for Reconstruction in Syria Reflecting International Human Rights, Humanitarian, and Criminal Law Obligations, aimed at ensuring reconstruction efforts do not institutionalize or exacerbate conflict-related human rights violations. While raising particular concerns about issues in Syria, these Principles set out broadly the expectations for international actors, including businesses and their home states, during the conflict-reconstruction period.
Both the UNGPs and the 10 Principles for Reconstruction operate at 1000-feet thinking, setting outside perimeters and guidance for the types of issues that need to be considered when businesses operate in conflict and post-conflict societies. It is important to understand what has worked well and what hasn’t when we operationalize both sets of principles. Drawing on experiences in Colombia, Liberia, Palestine, and Syria, this panel will survey the potential risks posed, the means by which states and businesses can prevent and manage those risks, and the responsibility and avenues of accountability that should be pursued when businesses do harm human rights in armed conflicts and occupations.
 
The session is part of a thematic track at the Forum that seeks to inform a project by the UN Working Group on Business and Human Rights that addresses implementation of the UN Guiding Principles in conflict and post-conflict areas. Other relevant sessions:

Moderators
avatar for Tara Van Ho

Tara Van Ho

Lecturer, University of Essex
I am lecturer in law and human rights at one of the largest human rights centres in the world, and a Core Member of the Essex Business and Human Rights Project. I work with states, IGOs, NGOs, and companies to secure better laws and legal compliance in the area of business and human... Read More →

Speakers
avatar for Sorcha MacLeod

Sorcha MacLeod

Associate Professor - University of Copenhagen, UN Working Group on the use of mercenaries
Marie Curie Fellow and Associate Professor at the Centre for Enterprise Liability (CEVIA) at the University of Copenhagen, Faculty of Law and member of the UN Working Group on the use of Mercenaries. Talk to me about: PMSCs, private security, MSI, regulation, gender, LGBTI, migrants... Read More →
avatar for Maha Abdallah

Maha Abdallah

Senior Legal Researcher and Advocacy Officer, Al-Haq, Law in the Service of Man
I am a Senior Legal Researcher and Advocacy Officer at Al-Haq, a Palestinian non-governmental human rights organization. My line of work focuses on corporate accountability/business and human rights in situations of conflict and occupation. In 2018, I was elected to the ESCR-Net Board... Read More →
avatar for Noor Hamadeh

Noor Hamadeh

Program Head, Human Rights and Business Unit, Syrian Legal Development Programme
Noor Hamadeh is a Syrian American lawyer, holding a JD from the George Washington University Law School and the Head of the Human Rights and Business Unit at the Syrian Legal Development Programme. Prior to joining SLDP, Hamadeh completed a legal fellowship with the Public International... Read More →
avatar for Jose Fernando Gomez Rojas

Jose Fernando Gomez Rojas

Adjunct Professor, Pontificia Universidad Javeriana
Jose is a public policy advisor and consultant lawyer at the private and the public sector in Colombia in issues related to (business and) human rights, corporate sustainability, transitional justice and environmental law. He is Adjunct Professor at the Pontificia Universidad Javeriana... Read More →
avatar for Chiara Macchi

Chiara Macchi

Marie Skłodowska-Curie Researcher, University of Wageningen
My Marie Sklodowska-Curie research project concerns business and human rights in EU policies. I am an associate member of the Essex Business and Human Rights Project. I have conducted research and consultancies on corporations' and investors' human rights responsibilities in relation... Read More →
avatar for Francis Colee

Francis Colee

Head of Programs, GreenAdvocates
I am a Social Science Expert. I currently serve as Head of Programs and lead researcher at Green Advocates. I hold the Degree of Master of Public Policy (MPP), Blavatnik School of Government, University of Oxford, United Kingdom (UK), 2016.I have extensively worked on policy reforms... Read More →


Tuesday November 26, 2019 09:00 - 10:15
Room XXI

10:30

Plenary: Helping States promote responsible business - toward greater coherence at the multilateral level?
Interpretation provided in English, French and Spanish

Under the title “Helping States promote responsible business - toward greater coherence at the multilateral level?”, this plenary session convenes senior leaders from the UN and international organizations working to promote responsible business conduct and sustainability.

The panel aims to reinforce the message that business respect for human rights must be at the heart of corporate contributions to the 2030 Agenda for Sustainable Development.

A key objective is to signal alignment on the importance of State action to protect human rights in a business context and foster responsible business conduct. This includes the need for policy coherence in State action to foster responsible business in line with international human rights standards, including at the multilateral level, as highlighted by Principle 10 of the UN Guiding Principles on Business and Human Rights. It sets out that States, when acting as members of multilateral institutions that deal with business-related issues (e.g. private sector development, trade, finance) should seek to ensure that they do not restrain the ability of States to meet the duty to protect or hinder business enterprises from respecting human rights.

The participating international organizations will share lessons from efforts to support States in promoting responsible business, take stock of recent progress as well as remaining gaps and challenges, and call on States to step up leadership and concrete measures. T

It builds on a panel convened at the 2018 Forum, that addressed “Building coherence and reaching scale on human rights due diligence – International organizations' leadership perspectives”.

Key documents

Moderators
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Michelle Bachelet

Michelle Bachelet

United Nations High Commissioner for Human Rights, Office of the High Commissioner for Human Rights
On September 1, 2018 Michelle Bachelet assumed her functions as the United Nations High Commissioner for Human Rights. The Office of the High Commissioner for Human Rights was established in 1993 and Ms. Bachelet is the seventh Commissioner.Ms. Bachelet was elected President of Chile... Read More →
avatar for Guy Ryder

Guy Ryder

Director-General, International Labour Organization (ILO)
ILO Director-General Guy Ryder took office on 1 October 2012. Guy Ryder sees the ILO as absolutely central to the questions of the day: jobs, social protection, the fight against poverty, and equality. For this reason, he wants to reinforce the ILO's place at the centre of international... Read More →
avatar for Asako Okai

Asako Okai

UN Assistant Secretary General, UNDP Assistant Administrator and Director of the Crisis Bureau, UNDP
Ms. Asako Okai officially began her role as UNDP's Assistant Administrator and Director for the Crisis Bureau on August 22, 2018. In this role, she leads UNDP's corporate crisis-related work and drives UNDP's vision and priorities for crisis prevention, response, and recovery. Ms... Read More →
avatar for Charlotte Petri Gornitzka

Charlotte Petri Gornitzka

Assistant Secretary-General and Deputy Executive Director, Partnerships, UNICEF
Charlotte Petri Gornitzka took up her role as Assistant Secretary-General and UNICEF Deputy Executive Director, Partnerships, on 15 October 2018.Ms. Gornitzka, who served as the Chair of the Development Assistance Committee at the Organisation for Economic Co-operation and Development... Read More →
avatar for Christine Kaufmann

Christine Kaufmann

Chair of the OECD Working Party on Responsible Business Conduct, Organisation for Economic Co-operation and Development (OECD)
Christine Kaufmann is the Chair of the OECD Working Party on Responsible Business Conduct, the intergovernmental committee overseeing the implementation of the OECD Guidelines for Multinational Enterprises, the comprehensive international framework for Responsible Business Conduct... Read More →


Tuesday November 26, 2019 10:30 - 11:30
Room XX

10:30

Film - Silicon Valley's online slave market

Short description the session
This documentary exposes how Google, Apple and Facebook-owned Instagram are enabling an illegal online slave market by providing and approving apps used for the buying and selling of domestic workers in the Gulf. BBC News Arabic’s undercover investigation exposes app users in Kuwait breaking local and international laws on modern slavery, including a woman offering a child for sale. The discovery of “Fatou” in Kuwait City, her rescue and journey back home to Guinea, West Africa, is at the heart of this powerful and shocking investigation into Silicon Valley’s Online Slave Market.
The documentary reveals, for the first time, the tech giants’ complicity in the abuse and enslavement of domestic workers. Extraordinary access inside people’s homes, captured on undercover cameras, enabled BBC journalists to witness first-hand the degrading treatment of these women. With a clear framework for data gathering established, the team was able to gather the evidence needed in order to confidently describe this trade as slavery.
The Q&A – which will draw on the audience’s knowledge too - will explore questions of corporate responsibility, implementation of the Guiding Principles on Business & Human Rights by tech companies, the state’s duty to protect, State’s responsibility to end contemporary forms of slavery by 2030 and access to remedy for the women in the film.

Session objectives
Powerful journalism has made possible the real world impact that we’ve seen since the documentary’s release – the bringing down of hundreds of Instagram accounts and hashtags in breach of their guidelines, the removal of “Maidsfortransfer” sections for both the 4Sale app in Kuwait and Haraj, in Saudi Arabia and the triggering of a vibrant conversation across Kuwait about the treatment of domestic workers. It has also led to Kuwaiti and Saudi authorities promising further action, including action against specific users of the apps.
But there is a lot more that could be done:
  • At a local level there is a wide empathy and understanding gap between locals and domestic workers.
  • There has been a failure by the Kuwaiti authorities to enforce laws around human trafficking and modern slavery on locals as well as expats – illustrated by the lack of arrests or legal action taken against sellers or the apps after the findings of the investigation were revealed.
  • Modern Slavery legislation around the world – apart from in a few countries – are often not enforceable and are too narrowly defined making it hard for the authorities to take action.
  • Silicon Valley giants – Google, Apple and Facebook-owned Instagram – can make and break their own Terms and Conditions as well as their own Modern Slavery statement without consequence, creating a blatant lack of accountability.
The objective of this session is to explore where responsibility lies for these failings, what action could be taken and by whom.

Background
According to the ILO nearly a third of the world’s domestic workers are in the Gulf. In 2016, there were 3.77 million domestic workers in Oman, Kuwait, Saudi Arabia, Qatar, Bahrain and the United Arab Emirates, the six members of the Gulf Cooperation Council (GCC).
They are bound by the kafala system to their employer, their “sponsor”. This film is about why the practice of visa trading is slavery – where a worker’s visa is sold to another sponsor, most often without them having any say in the transfer, for a profit. And how the market is now accessible on your smartphone via the top tech companies in the world.
The nature of domestic work means that the women and their lives are isolated from the outside world, rare glimpses captured only in their stories after escape or videos uploaded by employers onto social media.
These stories of abuse are often politicised by one organisation or government another and used as weapons in a fight that is not their own.
The struggle of these women is powerfully illustrated in Silicon Valley’s Online Slave Market in the way the adverts are presented and the way the employers talk about them and their rights.
The film further explores the realities of this lived experience through the story of the child discovered whilst the team was undercover, Fatou, and the recently escaped domestic workers in Conakry - Esther, Bibi and Nana - in their own words.



Moderators
avatar for Amol Mehra

Amol Mehra

Managing Director, The Freedom Fund

Speakers
avatar for Bennett Freeman

Bennett Freeman

Co-founder and Board Secretary, Global Network Initiative (GNI)
Over the last 17 years of a three decade-long career, Bennett Freeman has worked at the intersection of multinational companies, responsible investors, NGOs, governments and international institutions to promote corporate responsibility, sustainability and human rights around the... Read More →
avatar for Mustafa Khalili

Mustafa Khalili

Editor, Digital Documentaries, BBC News Arabic
Mustafa Khalili is a multi-award filmmaker and photographer with close to ​20 years experience in an ever changing media landscape. A cross-platform story teller with extensive hands on experience ​in directing and producing ​award winning ​documentary​ films and​ videos... Read More →
avatar for Jess Kelly

Jess Kelly

Director of Silicon Valley’s Online Slave Market, BBC Arabic
Jess Kelly is documentary filmmaker and journalist with particular interest in the Middle East. Her latest film, 'Silicon Valley’s Online Slave Market' investigates the illegal trade of domestic workers in the Gulf, via mobile phone apps hosted by Google and Apple. She currently... Read More →
avatar for Urmila Bhoola

Urmila Bhoola

Special Rapporteur on contemporary forms of slavery, including its causes and consequences




Tuesday November 26, 2019 10:30 - 12:30
Cinema

11:40

Addressing business-related human rights impacts in conflict and post-conflict contexts to build sustainable peace
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights with support from the Friedrich Ebert Stiftung Geneva (FES)

This session is part of the consultation process to inform the UN Working Group’s ongoing project on business and human rights in conflict-affected situations. The project seeks to clarify practical steps that States, companies and investors should take to prevent and address business-related human rights abuse in conflict and post-conflict contexts and therefore support sustainable peace, in line with the UN Guiding Principles on Business and Human Rights.

The panel of government representatives, UN and business speakers will focus on the challenges of promoting responsible investment and responsible business in a post-conflict setting and lessons learned on the connections between conflict prevention, peacebuilding and business activity in line with international human rights standards. The speakers will share perspectives on how preventive measures to manage negative impacts of investments and business operations can play a role in conflict prevention and peacebuilding.

It will include lessons from individual government and business action and reflections on steps to reinforce coherence between different efforts and ways to foster responsible business that safeguards human rights and supports peace.

Discussions will help inform key questions examined by the Working Group’s project:
  • What does “enhanced” human rights and conflict-sensitive due diligence by business look like in practice? How does/should the process to identify, prevent, mitigate and account for actual and potential impacts differ from less fragile contexts?
  • What is the role of business in transitional justice? What are the implications of the international business and human rights framework (the Guiding Principles) in a transitional justice and reconciliation context?
  • What does responsible and sustainable investment in post-conflict and fragile contexts look like in practical terms? What actions should be taken (and avoided) by companies, private investors, public financial institutions, host and home States?
Project on business and human rights in conflict and post-conflict: https://www.ohchr.org/EN/Issues/Business/Pages/ConflictPostConflict.aspx

The session is part of a thematic track at the Forum that seeks to inform the project. Other sessions:

Moderators
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Frederic Chenais

Frederic Chenais

Policy advisor, Federal Department of Foreign Affairs, Switzerland
Frederic Chenais is Policy Advisor at the Swiss Federal Department of Foreign Affairs where he is in charge of matters related to commodities and human rights, with a special focus on the VPs and ICOCA. Previously, Frederic worked as Principal Advisor on communities relations for... Read More →
avatar for Annelies van den Berg

Annelies van den Berg

senior policy officer | Business & Human Rights, Netherlands Ministry of Foreign Affairs
avatar for Francis Colee

Francis Colee

Head of Programs, GreenAdvocates
I am a Social Science Expert. I currently serve as Head of Programs and lead researcher at Green Advocates. I hold the Degree of Master of Public Policy (MPP), Blavatnik School of Government, University of Oxford, United Kingdom (UK), 2016.I have extensively worked on policy reforms... Read More →
avatar for Anita Househam

Anita Househam

Director, Human Rights, Telenor Group
As Director of Human Rights, Anita leads the Human Rights focus area within Telenor Group’s Sustainability team. A key dimension of this role is ensuring that internal policies and practices are in place to integrate human rights due diligence, supporting Telenor’s business units... Read More →
avatar for Chetan Kumar

Chetan Kumar

Team Leader, Peacebuilding and the Prevention of Violent Extremism, UNDP, Philippines Country Office, UNDP
Dr. Chetan Kumar is Team Leader for Peacebuilding and the Prevention of Violent Extremism for UNDP in the Philippines. His current work focuses on building national and local capacities for the prevention and resolution of conflicts, the promotion of dialogue, and the constructive... Read More →
avatar for Gerald Pachoud

Gerald Pachoud

Managing partner, Pluto & Associates
Gerald Pachoud is advising the Working Group's project on business and human rights in conflict and post-conflict contexts. Before founding Pluto in late 2015, Gerald initiated and led the program on business and human security in the Swiss Ministry of Foreign Affairs. From 2005 to... Read More →


Tuesday November 26, 2019 11:40 - 13:00
Room XX

11:40

Combating internet shutdowns, social media taxes, and censorship
Session organized by the B Team and Access Now

Webcast of the session:
Meeting link
Meeting number: 841 558 315
Password: smgwPdAP

Short description of the session
This session will look at the unique ways in which governments are using internet shutdowns, taxes on social media, and censorship laws to attack freedom of expression. Due to the methods governments are employing to limit speech, telecommunication and social media industries are often caught in the middle of potential widespread violations of freedom of expression. We will invite company representatives to explore the unique role of telecommunication and social media platforms in addressing these threats and finding solutions to honour the principles of internationally recognized human rights.

Session objectives
  • To unpack what good corporate leadership looks like on this issue by bringing company representatives to discuss how they are confronting threats to freedom of expression.
  • To highlight how civil society and the private sector can meaningfully work together to prevent and mitigate these abusive government tactics when they occur.
  • To share key elements of the “business case” for civic freedoms so that CSOs reps can gain skills in advocating to the private sector on these issues.
  • For the company reps in the room we would work to engage them to join the Business Network for the Protection of Civic Freedoms and Human Rights Defenders.

Key discussion questions
  • How can companies be most effective when speaking out against government policies that violate human rights?
  • What are key considerations for companies’ human rights due diligence in line with the UN Guiding Principles on Business and Human Rights?
  • How can companies mitigate the risks of misuse of their technology to violate human rights and avoid becoming involved in adverse human rights impacts?
  • What role can the private sector play in combating internet shutdowns and social media taxes?
  • What role can multi-stakeholder initiatives play in protecting freedom of expression and right to privacy? Where do you think MSIs could be doing a better job?
  • How can companies build stronger relationships with civil society organizations and human rights defenders?

Format of the session
Panel discussion with audience Q and A.

Background to the discussion
This session will look at the unique ways in which governments are using internet shutdowns, taxes on social media, and censorship laws to attack freedom of expression. Due to the methods governments are employing to limit speech, telecommunication and social media industries are often caught in the middle of potential widespread violation of freedom of expression. We will invite company representatives to explore the unique role of telecommunication and social media platforms in addressing these threats and finding solutions to honour the principles of internationally recognized human rights.
.
We would like to unpack what good corporate leadership looks like on this issue by bringing company representatives to discuss how their companies are confronting front these threats. The goal would be to show how civil society and the private sector can meaningfully work together to prevent and mitigate these abusive government tactics when they occur. We would also like to highlight the ways in which the private sector benefits from civic space and environments where rights are respected in order to catalyze more company action on this issue.

We will share key elements of the “business case” for civic freedoms so that CSOs reps can gain skills in advocating to the private sector on these issues. For the company reps in the room we would work to engage them to join Business Network for the Protection of Civic Freedoms and Human Rights Defenders. Lastly, we would like to enable interested stakeholders to further shape this work and propose how we can expand the circle of committed leaders and companies working to protect civic rights.


Moderators
avatar for Annabel Lee Hogg

Annabel Lee Hogg

Cause Strategist, Governance and Human Rights, The B Team

Speakers
avatar for Mark Stephens

Mark Stephens

Board Chair, Global Networking Initiative
Mark Stephens, CBE is the Independent Board Chair of the Global Network Initiative. A British lawyer specializing in international commercial dispute resolution, media law, human rights and intellectual property, Mark has undertaken some of the highest profile cases in the UK and... Read More →
avatar for Berhan Taye

Berhan Taye

Campaigner, #KeepItOn Lead, Access Now
Berhan Taye leads Access Now’s #KeepItOn campaign, a global campaign to stop internet shutdowns and censorship with a coalition of more than 150 member organizations from across the world. Before joining Access Now, she was a researcher for the Technology for Social Justice Field... Read More →
avatar for Alex Warofka

Alex Warofka

Product Policy Manager, Human Rights and Freedom of Expression, Facebook
Alex Warofka works at the intersection of human rights and technology, with a focus on content regulation, transparency, and the role of social media in conflict. He is currently Product Policy Manager for Human Rights at Facebook, and represents Facebook on the board of the Global... Read More →
avatar for Laura Okkonen

Laura Okkonen

Senior Human Rights Manager, Vodafone
A Business & Human Rights subject matter expert working in the ICT sector. A Finn based in the UK.
avatar for Theo Jaekel

Theo Jaekel

Corporate Responsibility Expert - Business and Human Rights, Ericsson
Legal counsel responsible for human rights at group level, across Ericsson's value chain. This includes issues related to responsible sourcing and the end use of Ericsson technology.


Tuesday November 26, 2019 11:40 - 13:00
Room XXII

11:40

Promoting respect for human rights through sustainable public procurement
Interpretation provided in English, French and Spanish

Organized by the Organisation for Economic Co-operation and Development (OECD) and Danish Institute for Human Rights in collaboration with the UN Working Group on Business and Human Rights

Background
Governments are the largest buyers of goods and services and public works, with public procurement accounting for €1000 billion per year worldwide, and approximately 12 percent of GDP in OECD countries.[1] Individual governments are amongst the largest single purchasers operating in the global marketplace, with a correspondingly high potential to influence on conditions and practices across a wide range of sectors, including construction, defence, healthcare, ICT, food and apparel. Public procurement thus represents an enormous opportunity to promote respect for human rights and sustainable business practices globally.

According to the UN Guiding Principles on Business and Human Rights (UNGPs) the state duty to protect human rights extends to public purchasing activities. In addition, the 2030 Agenda for Sustainable Development has set new objectives on public procurement, as part of the drive towards sustainable production and consumption and more inclusive economies.[2]  Sustainable Development Goal 12.7 calls on all countries to promote sustainable public procurement practices and to implement sustainable public procurement policies and action plans. In parallel, important global actors, including the OECD, ILO and EU are promoting a renewed focus on “responsible global value chains” as key to sustainable and inclusive growth – with a strong emphasis on the contribution of the private sector, through responsible business conduct (RBC) [3] and the decent work agenda, in achieving this goal.

Ensuring value for money is still a fundamental principle underpinning the public procurement process. However, the concept of value for money has been ever evolving to encompass a wider range of considerations such as environmental, economic and social aspects. Yet a growing concern relates to the fact that many of the products governments buy are produced in countries where there is a higher risk for human and labour rights violations, particularly within supply chains. Recently light has been shed on different sectors providing products for the public sector such as medical goods and instruments, ICT equipment, food.[4] As of today, procurement law, policy frameworks and actual government purchasing practices, are still not aligned with the UNGPs, the 2030 Sustainable Development Agenda or initiatives on responsible global value chains.

The buying power of governments should be an important lever for promoting social and environmental outcomes. Governments are expected to lead by example by incorporating these standards in their purchasing policies. This is not only in the public interest, but also ensures accountability of public spending. While there are increasing international commitments that link public procurement to social and environmental outcomes there is a lack of practical implementation.


Aims and objectives
The session will scope opportunities and challenges for leadership and leverage in securing respect for human rights in and through public procurement.

Its overall aims and objectives are to:
  • Increase awareness and highlight human rights opportunities and risks relevant to public supply chains 
  • Trigger public and private actors to exercise greater leadership and leverage in addressing human rights abuses in government supply chains.
  • Trigger increased multi-stakeholder collaboration to address human rights impacts associated with public procurement 
  • Scope links and synergies between public procurement policy frameworks and concrete initiatives in support of the UNGPs, SDGs and responsible global value chains 
Format and participtation
Panel followed by interaction with other participants. Interventions from the floor will include, among others:
  • OSCE – Val Richey, Special Representative and Co-ordinator for Combating Trafficking in Human Beings
  • EU DG Grow – Alezandra Kuxova

Refreshments and update on OECD's programme on RBC and public procurement
After the session, the OECD will host a lunch and provide further information about its new programme on Responsible Business Conduct and Public Procurement (link to program http://www.oecd.org/governance/public-procurement/procurement-and-RBC/ ).  This session will take place in Room XIX from 13:00-14.30. Refreshments will be made available outside the room. Those interested in participating please contact Pauline.gothberg@oecd.org.

________________
[1] OECD, Government at a Glance 2017, OECD Publishing, Paris; A significant portion of public procurement takes place at the sub-national level (state and municipal levels) 62% of the public procurement spending in OECD countries is estimated to be spent at the sub-central level (2015).  
 
[2] https://sustainabledevelopment.un.org/sdg3, https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf

[3] RBC principles and standards set out an expectation that all businesses – regardless of their legal status, size, ownership or sector – avoid and address negative impacts of their operations, while contributing to the sustainable development in the countries where they operate. RBC means that companies should integrate and consider environmental and social issues as part of core business activities, including in their supply chain and business relationships. 
 
[4] NGOs and media have reported that medical gloves and condoms produced for the healthcare sector is linked to forced labour in Malaysia, (The Guardian (2018) NHS rubber gloves made in Malaysian factories linked with forced labour), There has also been reports that children as young as 12 years are producing surgical instrument in Sialkot Pakistan in hazardous working conditions and are paid less than one USD a day (Svenska Dagbl

Moderators
avatar for Claire Methven O’Brien

Claire Methven O’Brien

Strategic Adviser, Human Rights and Business, Danish Institute for Human Rights (DIHR)
Dr. Claire Methven O’Brien is Chief Adviser at the Danish Institute for Human Rights. Claire is a barrister called to the London Bar, Honorary Lecturer at the University of St. Andrews School of Management and a Visiting Research Fellow at the University of Groningen’s Department... Read More →

Speakers
CB

Carlos Busquets

Director of Public Policy, Responsible Business Alliance
avatar for Christine Kaufmann

Christine Kaufmann

Chair of the OECD Working Party on Responsible Business Conduct, Organisation for Economic Co-operation and Development (OECD)
Christine Kaufmann is the Chair of the OECD Working Party on Responsible Business Conduct, the intergovernmental committee overseeing the implementation of the OECD Guidelines for Multinational Enterprises, the comprehensive international framework for Responsible Business Conduct... Read More →
BC

Björn Claeson

Director, Electronics Watch
avatar for Ilse Beneke

Ilse Beneke

, Head of the Competence Centre for Sustainable Procurement at the Procurement, Office of the Federal Ministry of the Interior, Germany
Ilse Beneke is head of the Competence Centre for sustainable procurement at the procurement office of the federal ministry of the interior. With a team of 6 people, her job at the Competence Centre is to foster the implementation of sustainability aspects in public procurement in... Read More →
PS

Pablo Seitz

Director, National Directorate of Public Procurement (DNCP) of Paraguay
avatar for Sope Williams-Elegbe

Sope Williams-Elegbe

Professor and Head of Department of Mercantile Law, and the deputy director of the African Procurement Law Unit, Stellenbosch University
Public procurement law professor, with interest in anti-corruption, sustainable development, international trade and development procurement, with a focus on Africa.


Tuesday November 26, 2019 11:40 - 13:00
Room XIX

11:40

Protecting and respecting human rights in the future of work
Session organized by the Business & Human Rights Resource Centre, the Solidarity Centre and the International Transport and Workers' Federation (ITF)

Interpretation in English and Spanish provided by DOCIP

Webcast of the session:
Meeting link
Meeting number: 840 079 851
Password: rBEJX7Zh

Session Description
Drawing from examples from around the globe, the proposed panel will examine the duty of states to protect workers from the erosion of their rights, with a specific focus on the platform and informal economies, highlight important gaps in legal definitions, propose alternatives which extend labour rights to all workers regardless of their contractual arrangements or employment status, and include recommendations for states to revitalize the institutions of work and strengthen workers’ protections in this new era of work. The panel will also debate the need for international regulation of digital labour platforms.
The legal, but ultimately political question, as to what is “work” and who is a “worker” has been and continues to be a contested terrain, with major implications for those who perform work, employers, and governments. The introduction of new technologies, and in particular the emergence of digital platforms, has been used to further erode the employment relationship, and thus who is a bearer of a wide range of labour rights and conversely, who is a duty bearer. Drawing from examples from around the globe, panellists will examine the state duty to protect labour rights and implications for the corporate responsibility to respect these rights as set out in the UN Guiding Principles on Business and Human Rights.


Session objectives
Drawing from examples around the world (in the platform and informal economies), the sessions aims to examine the state duty to protect labour rights in the future of work and implications for the corporate responsibility to respect these rights.


Key discussion questions
  • What is work and who is a worker?
  • What are the different responsibilities regarding labour rights?
  • Who is the duty bearer in the “gig” and informal economy?
  • What does effective protection of labour rights mean?
  • What kind of regulatory action is needed to protect labour rights?
  • Is there a need for international regulation?
  • What is the responsibility of companies?
  • What is the role of national courts in clarifying, interpreting, and defining new labour relationships?
  • What is the role of regulators?
  • What are good practice examples of worker protections?
  • The ILO’s Global Commission on the Future of Work recommends an international governance of digital labour platforms. Is this feasible?

Background to the discussion 
The world of work is changing, and governments and employers have a key role to play in shaping its future and in protecting and respecting labour rights. Gaps in legislation and narrow definitions of “employees” under national laws have left workers in new forms of work, such as work on digital labour platforms, without legal protections. Regulators have been absent and courts have been left to clarify, interpret, and define who is a worker in the rapidly expanding gig economy. Meanwhile, informal employment is the norm, rather than the exception, in much of the world. Informal workers in supply chains are more prone to exploitative working conditions, including poor wages, poor health and safety standards, inadequate leave entitlements, and gender discrimination.
Many countries’ laws fall short of ensuring access of all workers to fundamental labour rights. It is against this backdrop that panellists will examine implications for the state duty to protect labour rights and corporate responsibility to respect human rights in the future of work.

Moderators
avatar for Maysa Zorob

Maysa Zorob

Corporate Legal Accountability Manager, Business & Human Rights Resource Centre
Maysa Zorob manages the Corporate Legal Accountability Program at the Business & Human Rights Resources Centre in New York. She specializes in remedy for victims of corporate human rights abuse and legal liability of companies for adverse human rights impacts. For more than a decade... Read More →

Speakers
JV

Jeffrey Vogt

Legal Director, Solidarity Center
Jeff Vogt is the Rule of Law Director of the Solidarity Center, the largest U.S.-based international worker rights organization supporting workers attain dignity on the job and greater equity at work and in their community. He supports trade unions on legal and policy advocacy before... Read More →
avatar for Ruwan Subasinghe

Ruwan Subasinghe

Legal Director, International Transport Workers' Federation (ITF)
Ruwan Subasinghe is the Legal Director of the International Transport Workers’ Federation (ITF). He specialises in labour, human rights and international law. Ruwan represents the ITF at external bodies including the International Labour Organization (ILO) and the Organization for... Read More →
avatar for Marlese Von Broembsen

Marlese Von Broembsen

Law Director, Women in Informal Employment: Globalizing and Organizing (WIEGO)
I am the Law Programme Director for Women in Informal Employment: Globalizing and Organizing (WIEGO). WIEGO is an research-advocacy network that supports representative organisations of informal workers, especially women, to gain legal and social protection at the national and international... Read More →
avatar for Janine Berg

Janine Berg

Senior Economist, Inclusive Labour Markets, Labour Relations and Working Conditions Branch (INWORK), International Labour Organization (ILO)


Tuesday November 26, 2019 11:40 - 13:00
Room XXV

11:40

Regulating for corporate governance that respects human rights. Achieving a step-change in business and society relationships
Session organized by Shift, the Polish Institute for Human Rights and Business, and the Centre for Human Rights at the University of Pretoria

Discussion Handout: Leadership and Governance Indicators of Rights-Respecting Culture (beta version)

Interpretation provided in English, French and Spanish by DOCIP.

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Focus and Objectives
Governments have a critical role to play in setting the regulatory framework for effective corporate governance. But there is still limited understanding of the place of respect for human rights in these frameworks. In recent years there has been growing recognition that profit-making is not, properly understood, the purpose of the corporation, but rather a means by which companies deliver their true purpose, which should contribute to broader society.
This understanding has significant implications for the role of corporate governance. The independent King Committee in South Africa has observed that “good corporate governance requires an acknowledgement that an organization doesn’t operate in a vacuum, but is an integral part of society and therefore has accountability towards current and future stakeholders.” The UK’s most recent Corporate Governance Code states that “[t]o succeed in the long-term, directors and the companies they lead need to build and maintain successful relationships with a wide range of stakeholders. These relationships will be successful and enduring if they are based on respect, trust and mutual benefit”.
This session will explore:
  • The role of governments, alongside independent regulatory bodies, in defining principles and rules of corporate governance that duly reflect the importance of respect for human rights for society and its most vulnerable communities, as well as for the ability of companies to create long-term value. 
  • What, in practice, should company directors and business leaders be doing to lead the way in the company establishing authentic relationships with affected stakeholders, and building a corporate culture of respect and empathy for those stakeholders.

Format
The session will proceed in two-parts.
Part One will engage representatives of government and independent regulators of corporate governance from the global north and south. The discussion would explore the ways in which corporate governance regulations already and do can incentivize companies to address and account for how they create value for society by operating with respect for people’s human rights, and how regulatory frameworks could evolve further to meet this objective.
Part Two will be a more applied, interactive engagement with participants to discuss some draft indicators of rights-respecting corporate governance that Shift has been developing through the Valuing Respect project.

The discussion will focus on the sub-set of indicators pertaining to senior leader’s modelling values of empathy, authenticity and respect when engaging affected stakeholders. The draft indicators have been developed via expert and multi-stakeholder consultations in Europe, N. America, Sub-Saharan Africa and Southeast Asia. The workshop-style dialogue in part two of this session will be a further chance to stress-test the appropriateness and utility of these indicators, and use the feedback and insights gained to shape their further refinement and finalization.

Moderators
avatar for Mark Hodge

Mark Hodge

Senior Associate / Advisor, Shift / OHCHR B-Tech

Speakers
avatar for Filip Gregor

Filip Gregor

Purpose of the Corporation Project, Frank Bold
Filip Gregor represents Frank Bold in the Steering Group of the European Coalition for Corporate Justice. Filip co-founded and helps to run the Purpose of the Corporation Project, a strategic open-source platform for a debate on the role of the corporation in society and the future... Read More →
avatar for Mathilde Mesnard

Mathilde Mesnard

Deputy Director, Directorate for Financial and Enterprise Affairs, OECD
Deputy Director since 2016, Ms Mesnard provides intellectual leadership for the OECD on a range of topics including anti-corruption, corporate governance, competition, financial markets, investment and insurance. Ms Mesnard was previously the coordinator of the OECD’s New Approaches... Read More →
PD

Paul Druckman

former board member, UK Financial Reporting Council, and Chair, World Benchmarking Alliance
NA

Nor Azimah Binti Abdul Aziz

Deputy CEO of Corporate Services; former Deputy CEO (Regulatory and Enforcement), Companies House, Malaysia
MJ

Marte Johnsen Stensrud

Vice-President Human Rights, Equinor


Tuesday November 26, 2019 11:40 - 13:00
Room XXI

13:15

Ending child labour, forced labour and human trafficking in global supply chains: New evidence and policy options
External session jointly organized by ILO, OECD, UNICEF and IOM

Short description the session
The Alliance 8.7 organizes a Learn-at-Lunch presentation to discuss research findings and discuss policy options to tackle child labour, forced labour and human trafficking in global supply chains. The presentation will focus on the newly released report, Ending child labour, forced labour and human trafficking in global supply chains, which provides the first attempt by international organizations to measure the dimension of these situations. The report also informs about opportunities to accelerate action for public and business policies and practices.

The report was produced by the Alliance 8.7, through a collaboration among the International Labour Organization (ILO), the Organization for Economic Cooperation and Development (OECD), the International Organization for Migration (IOM), and the United Nations Children’s Fund (UNICEF). The presentation will convene representatives from governments, workers’ and employer’s organizations, civil society, and UN agencies

Session objectives
The main objectives of the event are as follows:
  • Present key findings from the report;
  • Contribute to a deeper understanding on the role of different stakeholders;
  • Highlight opportunities and emerging challenges in the fight against child labour, forced labour, human trafficking in global supply chains; and
  • Discuss how to promote effective policies as well as international and regional cooperation to achieve the SDG Target 8.7.

Background to the discussion
By adopting the Sustainable Development Goals (SDGs), the international community has committed to end child labour by 2025 and forced labour and human trafficking by 2030. According to the latest global estimates, 152 million children are in child labour and 25 million adults and children are in forced labour, including in global supply chains.

Global supply chains have the potential to generate growth, employment skills development and technological transfer. Nevertheless, decent work deficits and human rights violations, including child labour, forced labour and human trafficking, have been linked to global supply chains.

Against this background and in response to the Ministerial Declaration of the July 2017 meeting of the Group of Twenty (G20) Labour and Employment Ministers, ILO, OECD, IOM and UNICEF have joined data and expertise in a Research Consortium under the Alliance 8.7 to understand more on child labour, forced labour and human trafficking in global supply chains.


Refreshments will be provided before the session

Moderators
avatar for Anousheh Karvar

Anousheh Karvar

French Government Representative to the ILO / chair of the Alliance 8.7, International Labour Organization (ILO)
I am currently the French Government representative to the International Labour Organisation Governing Body and the French Labour and Employment Task Officer to G7-G20. Since July 2019, I chair the Alliance 8.7, a Global Partnership to end forced labour, modern slavery, human trafficking... Read More →

Speakers
avatar for Mathieu Luciano

Mathieu Luciano

Head of the Assistance to Vulnerable Migrants Unit, International Organization for Migration (IOM)
Mathieu Luciano is the Head of the Assistance to Vulnerable Migrants Unit at the headquarters of the International Organization for Migration (IOM) in Geneva. Within IOM’s Migrant Protection and Assistance Division, he is in charge of IOM’s anti-trafficking programming, as well... Read More →
avatar for Andrew Mawson

Andrew Mawson

Chief of the Child Rights and Business, UNICEF
Andrew Mawson is the Chief of the Child Rights and Business. He leads UNICEF’s work on addressing the impact of business on children, also known as child rights and business. This has four major child impact themes: global supply chains and workplaces, marketing and advertising... Read More →
avatar for Cristina Tebar-Less

Cristina Tebar-Less

Acting Head of the OECD Centre for Responsible Business Conduct, OECD
Cristina Tébar Less is the Acting Head of the OECD Centre for Responsible Business Conduct. She manages a team of experts in corporate responsibility and oversees work related to the implementation of the OECD Guidelines for Multinational Enterprises, the development of due diligence... Read More →
avatar for Beate Andrees

Beate Andrees

ILO’s Fundamental Principles and Rights at Work Branch, ILO
Beate Andrees is the Chief of the ILO’s Fundamental Principles and Rights at Work Branch, based in Geneva, Switzerland. The Branch promotes policy development, carries out research, and provides technical advisory services on child labour, forced labour, non-discrimination and freedom... Read More →


Tuesday November 26, 2019 13:15 - 14:30
Room XII

13:15

Film - Discount Workers – a fight for justice in global supply chains
Session organized by the Rosa Luxembourg Stiftung, the European Coalition for Corporate Justice and the European Centre for Constitutional & Human Rights

Session Description
Between Pakistan and Germany, the 50 mins documentary intimately follows the quest for judicial remedy of Pakistani rights’ holders affected by the Ali Enterprise factory fire that killed 259 workers, revealing the barriers faced and the lasting impacts of the tragedy. Trailer available here: www.vimeo.com/200209286

The screening will be followed by a panel discussion with the film’s protagonists, the director, as well as the German lawyers and German government representative, addressing the potential of German legislative reform in this area to assist victims seeking remedy in such instances and prevent harm from reoccurring. Reference will be made to the current German civil society campaign for a supply chain due diligence law; similar EU developments for human rights & environmental due diligence; as well as the problematic nature of the private social auditing industry.

Session Objective & Key Questions
The objective of the session is to illustrate and unpack, through the medium of film narrative and expert discussion, some of the typical barriers to accessing judicial remedy faced by those harmed in business human cases, as well as to explore what a sufficient state “duty to protect” response can be. Reference will be made to the current German civil society campaign for a Supply Chain Due Diligence law, as well as similar EU developments.

Moderators
avatar for Isabel Daum

Isabel Daum

Researcher and Policy Adviser, German Institute for Human Rights

Speakers
avatar for Irene Plank

Irene Plank

Head of Division Business and Human Rights, Federal Foreign Office (Germany)
avatar for Christopher Patz

Christopher Patz

Film Co-director and Policy Officer, European Coalition for Corporate Justice (ECCJ)
CS

Christian Schliemann

Lawyer, European Centre for Constitutional & Human Rights



Tuesday November 26, 2019 13:15 - 14:45
Cinema

13:30

Finance against slavery: how government action and public-private partnerships can work to end modern slavery and human trafficking
Session organized by the Centre for policy research at United Nations University

Webcast of the session:
Meeting link
Meeting number: 841 558 315
Password: smgwPdAP

Session description and objectives
In 2015, in adopting SDG 8.7, 193 States pledged to take immediate and effective measures to end modern slavery and human trafficking by 2030. This commitment was reinforced by the UN Security Council, the G7 and the G20. The financial sector has an important role to play in addressing and preventing these crimes and the UN Guiding Principles on Business and Human Rights (UNGPs) provide a foundation for the sector to accelerate action in this area.
This session will consider how the UNGPs provide opportunities for financial sector actors to embed human rights due diligence throughout global value chains, to build and use their leverage across financial products and services, and to provide and enable remedy. The session will discuss how States and the sector can collaborate to address the risks to people posed by modern slavery and human trafficking, including lessons from the Asia-Pacific – where modern slavery prevalence is highest – and also from lessons learned from the Brazilian fight against slave labour.
Public-private partnerships have been a key force in advancing work in this area. The Liechtenstein Initiative for a Financial Sector Commission on Modern Slavery and Human Trafficking is a prime example. A multi-stakeholder initiative between the Governments of Liechtenstein, Australia and the Netherlands and private sector actors, the UNGPs serve as a core element of the Commission’s Blueprint for accelerated financial sector action. This session will present the Commission Blueprint, which will be launched in September 2019 at the UN General Assembly.
 
Format of the session
Interactive panel discussion

Key discussion questions
  • How can governments work with the financial sector to end modern slavery and human trafficking?
  • How can financial sector actors use their leverage creatively to tackle modern slavery and human trafficking?
  • How can financial sector actors enable remedy?

Moderators
JC

James Cockayne

Director, United Nations University Centre for Policy Research

Speakers
avatar for Namit Agarwal

Namit Agarwal

Lead Specialist, Private Sector Engagement, Oxfam India
Namit Agarwal works as Lead Specialist - Private Sector Engagement at Oxfam India. He leads Oxfam India’s engagement with private sector to advocate for responsible business policies and practices. Designed and implemented initiatives on policy advocacy, business transparency scorecards... Read More →
JK

James Kofi Annan

Founder, Challenging Heights
FR

Fiona Reynolds

CEO, UN-supported Principles for Responsible Investment
avatar for Leonardo Sakamoto

Leonardo Sakamoto

Member of Board of Trustees, United Nations Trust Fund on Contemporary Forms of Slavery
Leonardo Sakamoto is journalist and has a PhD in Political Science. Member of the Board of Trustees of the United Nations Trust Fund on Contemporary Forms of Slavery since 2014 and the Financial Sector Commission on Modern Slavery and Human Trafficking (Liechtenstein Initiative) since... Read More →
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights
AB

Ambassador Bryce Hutchesson

Ambassador for People Smuggling and Human Trafficking, Department of Foreign Affairs and Trade of the Commonwealth of Australia


Tuesday November 26, 2019 13:30 - 14:45
Room XXII

13:30

Responsible use of artificial intelligence and biometric tools in high risk sectors? Implications of "Protect, Respect and Remedy" for military and security sector actors
Session organized by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Human Rights Center of the University of Minnesota Law School and Article One

Webcast of the session:
Meeting link
Meeting number: 840 079 851
Password: rBEJX7Zh

Session Overview and Objectives:
Advances in artificial intelligence (AI) and other emerging technologies, such as facial recognition and drones are reshaping the military and security sectors, including how military and law enforcement operations are conducted. Among others, the value and practical benefits of biometric data is increasingly acknowledged, including in the context of addressing trans-border challenges in intelligence gathering and law enforcement. While there are opportunities for technology to enhance the efficiency of military, law enforcement and counter-terrorism measures, thereby enabling better protection of populations, including of civilians in situations of armed conflict, security and military applications of such powerful technology also draw significant human rights concerns.
Companies are at the forefront of such developments with governments relying on them at the design, development and implementation stages of AI and biometric technologies and policies built on their use. Through an interactive discussion session and drawing on multidisciplinary and cross-regional expertise, using the lens of the Protect, Respect, Remedy Framework set out in the United Nations Guiding Principles on Business and Human Rights, the session will explore the risks and opportunities that AI and biometric data can pose to human rights in security and military sectors. It will highlight different approaches by relevant stakeholders, including companies, states and civil society organizations to ensure responsible development, sale, and use of such technology, with emphasis on both state obligations and corporate responsibility in line with international human rights standards.
The session will seek to inform the mandate of the Special Rapporteur in developing Guiding Principles on the human rights-compliant use of biometric technologies and data while countering terrorism.

Format of the session:
The panel discussion will be open to participants of the Forum and will be held in English. The discussion will be led by the moderator who will begin with opening remarks, introducing the issues to be discussed (5-7 minutes).
Two rounds of interactive discussion of 20-25 minutes each will follow, led by the moderator, allowing each panelist three to five minutes of initial speaking time. The rest of the time will be dedicated to interaction between participants and panelists. Participants will be encouraged to intervene in an interactive way, through questions, comments and sharing of experiences, best practices and challenges, as well as suggested recommendations on the way forward, with a view to stimulating constructive debate.
At the end of the panel discussion, panelists will be given three minutes each to make their concluding remarks.

Moderators
avatar for Maya Brehm

Maya Brehm

Advisor and Geneva Representative, Article 36
Article 36 (www.article36.org) offers a critical voice on weapons and promotes disarmament to reduce humanitarian harm. We advocate for a ban on autonomous weapons systems to ensure that the use of force remains under meaningful human control, and foster a more precautionary orientation... Read More →

Speakers
avatar for Chloe Poynton

Chloe Poynton

Co-Founder and Principal, Article One
Chloe is a Principal at Article One, a business & human rights consulting firm that works with companies, institutions, and state agencies to develop and implement strategies to promote corporate respect for human rights.
avatar for Jonathan Andrew

Jonathan Andrew

Research Fellow, Geneva Academy
Dr. Jonathan Andrew works as Research Fellow in the Geneva Human Rights Platform where he conducts research on the intersection of information technology with human rights law. He works as an advisor to UN Special Rapporteur Clément Voule on the impact of digital technologies on... Read More →
avatar for Krisztina Huszti-Orban

Krisztina Huszti-Orban

Research fellow & Senior legal advisor to the UN Special Rapporteur on counter-terrorism and human rights, Human Rights Center, University of Minnesota Law School
-I am a research fellow at the Human Rights Center of the University of Minnesota Law School where I lead the support provided by the University of Minnesota Human Rights Center to the mandate of the UN Special Rapporteur on counter-terrorism and human rights and serve as senior legal... Read More →
avatar for Marlena Wisniak

Marlena Wisniak

Partnerships Manager, Civil Society, Partnership on AI
AI & Human RightsIntersectional FeminismBinding TreatyHRIA


Tuesday November 26, 2019 13:30 - 14:45
Room XXV

13:30

Update on the process to elaborate a legally binding instrument
Session organized by the Permanent Mission of Ecuador

Interpretation provided in English, French and Spanish by DOCIP.


Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Short description of the session
Whereas the process of the implementation of HRC Resolution 26/9 on the elaboration of a legally binding instrument on business and human rights started to take a significant step forward with the presentation of a victims-oriented draft legally binding instrument (Zero Draft) in July 2018, it was certainly the Revised Draft, released in July 2019, what received a wider recognition from several States, the Office of the High Commissioner, civil society organizations, academia, and other relevant stakeholders, as a text that represents a substantial and solid basis for substantive negotiations towards a treaty on business and human rights.

In that sense, in spite of the remaining different views and assessments regarding certain provisions of the Revised Draft, including inter alia, in relation to the scope, jurisdiction, legal liability and remediation, it is clear that the significant improvements introduced in the text, encouraged States and other relevant stakeholders to participate actively in the 5th session of the Open-ended Working Group of the Human Right Council (OEIGWG) that took place from 14-18 October, and to present substantial comments and proposals for each and every provision of the draft treaty, creating an adequate atmosphere for further negotiations.

At the same time, for many observers, the responsive, pragmatic and facilitative approach of the Revised Draft and the development of the 5th session itself, also served to clarify that any future treaty can be part of the solution to the obstacles and gaps that victims of business-related human rights abuses face with respect to access to justice and effective remedy, including the assurances of accountability and guarantees of non-repetition.

Likewise, the Revised Draft and the 5th session reaffirmed the wide recognition of the complementarity and mutually reinforcing nature between the implementation of the UN Guiding Principles on Business and Human Rights and the process of the elaboration of a legally binding instrument.

In that regard, the main objective of the specific session on the process towards the elaboration of a treaty on business and human rights, in the framework of the 2019 Forum on Business and Human Rights, is to facilitate the stock-taking and lesson-sharing between governments, business, civil society, affected groups and other relevant actors, on how the two processes mentioned above, can benefit and strengthen each other, in the light of the conclusions and recommendations of the 5th session of the Working Group, and the concrete recent legal developments, trends, challenges and good practices in preventing and addressing business-related human rights impacts at all levels.

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 one presentation and a round table of invited experts, including on the basis of the 3-4 suggested guiding questions, followed by an interactive dialogue.
  1. How can the future LBI and the implementation of the UNGPs can promote and facilitate the respect, promotion and fulfillment of human rights by all business enterprises.
  2. How can the LBI help in removing multiple barriers faced by victims in securing access to effective remedy for corporate human rights abuses?
  3. Why is mutual legal assistance and international cooperation critical in the field of business and human rights?
  4. In terms of process, how could States, NHRIs, businesses, CSOs and experts contribute constructively to build consensus around the second revised text of the LBI?

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 five annual sessions, which have enjoyed the participation of a growing number of more than 90 States and 400 representatives from intergovernmental organizations, NGOs, academia, private sector and trade unions, among other participants, in a comprehensive, transparent and inclusive manner.

The Fifth 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 additional textual suggestions on the revised draft legally binding instrument by the end of February 2020, and the request to the Chair-Rapporteur to prepare a second revised draft by the end of June 2020, to serve as the basis for State-led direct substantive intergovernmental negotiations on the preparation of a third draft during the Sixth Session of the OEIGWG. Other recommendations included the invitation and encouragement to regional and political groups, intergovernmental organizations, NHRIs, civil society organizations and other relevant stakeholders, to organize consultations at all levels, including in particular, at the regional and national level, with a view to exchange comments and inputs on the revised draft legally binding instrument.

The full report and the links to the webcast and documents of the 5th and previous sessions can be found at https://www.ohchr.org/EN/HRBodies/HRC/WGTransCorp/Pages/IGWGOnTNC.aspx



Moderators
AM

Ana María Franco-Suarez

FIAN International

Speakers
avatar for Amb. Emilio Izquierdo

Amb. Emilio Izquierdo

Permanent Representative, Permament Mission of Ecuador to the United Nations in Geneva
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
avatar for Humberto Cantu Rivera

Humberto Cantu Rivera

Director Ejecutivo, Instituto de Derechos Humanos y Empresas - Universidad de Monterrey
Director Ejecutivo del Instituto de Derechos Humanos y Empresas de la Universidad de Monterrey, y Profesor titular de su Escuela de Derecho y Ciencias Sociales. Director de la Rama latinoamericana de la Global Business and Human Rights Scholars Association.
avatar for Guillain Koko

Guillain Koko

Project coordinator, ACCA, Centre for Human Rights, University of Pretoria
Guillain Koko is a Social Justice activist and Human rights Lawyer, with particular experience/expertise in Business and Human Rights.He is the project coordinator of the African Coalition for Corporate Accountability (ACCA). He holds a Law Degree (LLB) in Public Law, from the Catholic... Read More →
avatar for Makbule Sahan

Makbule Sahan

Legal Director, International Trade Union Confederation (ITUC)
Makbule is leading the ITUC’s work on international labour standards and human rights mechanisms, litigation in regional and national courts, business and human rights, labour law and the ITUC Global Rights Index.


Tuesday November 26, 2019 13:30 - 14:45
Room XXI

15:00

National Human Rights Institutions and Access to Remedy: Lessons and the Way Forward
Session organized by the UN Working Group on Business and Human Rights

Interpretation in English and Spanish provided by DOCIP.

Webcast of the session:
Meeting link
Meeting number: 840 079 851
Password: rBEJX7Zh

Background 
Access to effective remedy is a core component of the UN Guiding Principles on Business and Human Rights (UNGPs). While judicial mechanisms are “at the core of ensuring access to remedy”, national human rights institutions (NHRIs), as a key State-based non-judicial grievance mechanism, have “an essential role in complementing and supplementing judicial mechanisms”. This is in line also with the aspirations expressed in the Edinburgh Declaration, which emphasised the role that NHRIs can play in facilitating access to remedy both directly (e.g., by handling complaints concerning business-related human rights abuses) and indirectly (e.g., by raising awareness, conducting public inquiries, building capacity, assisting affected rights holders, and recommending legal reforms). In addition, NHRIs can act as important bridge between rightsholders and the State, including through supporting human rights defenders and by building partnerships to promote access to remedy.

The Human Rights Council has recognized “the important role of national human rights institutions in supporting activities to improve accountability and access to remedy” (A/HRC/38/L.13). It requested  the UN Working Group on Business and Human Rights “to analyse further the role of national human rights institutions in facilitating access to remedy for business-related human rights abuses, and to convene a two-day global consultation on these issues, open to all stakeholders, and to inform the Council by its forty-fourth session” (A/HRC/38/L.18).

This session builds on the global consultation on the role of NHRIs in facilitating access to remedy for business-related human rights abuses that the Working Group organised in October 2019. The session seeks to showcase various ways in which NHRIs have been trying to facilitate access to remedy and the tools they have employed to overcome numerous challenges faced in this process. It will also consider the reforms required to strengthen the role of NHRIs in facilitating access to effective remedy for business-related human rights abuses.

Objectives
This session seeks to:
  • showcase selected case studies of how NHRIs are able to facilitate access to remedy in diverse ways (both directly and indirectly) for business-related human rights abuses;
  • highlight the challenges and limitations that NHRIs often face in facilitating access to remedy and discuss effective strategies for overcoming such challenges and limitations; and
  • share good practices developed and innovative measures taken by NHRIs in facilitating access to remedy for business-related human rights abuses.

Format
After brief remarks by the moderator, selected NHRIs will be invited to share their experiences (e.g., challenges faced, limitations experienced, and innovative measures taken) of facilitating access to remedy in business-related human rights abuses. This will be followed by an open discussion with participants from the floor.

Moderators
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →

Speakers
avatar for Zara Porter

Zara Porter

Communications and Public Affairs Officer, Northern Ireland Human Rights Commission
Zara Porter is Communications and Public Affairs Officer at the Northern Ireland Human Rights Commission. Zara has worked for the Commission since 2015, and leads its work on business and human rights. She coordinates the work of the Northern Ireland Business and Human Rights Forum... Read More →
avatar for Lavinia Figueroa Perdomo

Lavinia Figueroa Perdomo

Secretaria General, Procuraduría de los Derechos Humanos, Guatemala
Claudia Lavinia Figueroa Perdomo, General Secretary of the Human Rights Office of Guatemala. Lawyer and Notary for 24 years. She was General Registrar of Property. Master in Constitutional, Commercial and Notarial Law. Candidate Doctor in Social Sciences from the Pontifical University... Read More →
avatar for Sylvia Ntambi

Sylvia Ntambi

Chairperson, Equal Opportunity Commission, Uganda
Sylvia Ntambi is the Chairperson of the EQUAL OPPORTUNITIES COMMISSION (EOC) UGANDA. Sylvia is a Lawyer, a gender human rights activist, former Lecturer at the School of Law and former a technical Advisor to the German Development Coorporation and Coordinatoor of the African Peer... Read More →
avatar for Nicola Jägers

Nicola Jägers

Commissioner, Netherlands Human Rights Institute
* Nicola Jägers holds the Chair International Human Rights Law at the Law School of Tilburg University in the Netherlands. Nicola is also a Commissioner at the National Human Rights Institute, the official NHRI of the Netherlands. Over the past ten years Nicola has worked on the... Read More →
avatar for Munafrizal Manan

Munafrizal Manan

Mediation Commissioner, Indonesia National Commission on Human Rights
Munafrizal Manan is currently Mediation Commissioner of the National Commission on Human Rights of Indonesia. Prior to that, he has been Lecturer, Researcher, licensed Lawyer, and certified Mediator. He has published five books and various articles both in journals and mass media... Read More →


Tuesday November 26, 2019 15:00 - 16:20
Room XXV

15:00

The economics of hate – the role of business in ensuring ethical advertising
Session organized by the UN Human Rights Office

Webcast of the session:
Meeting link
Meeting number: 841 558 315
Password: smgwPdAP

Background
The UN Secretary General has recognised that fear is the “best-selling brand in the world today… It gets ratings. It wins votes. It generates clicks”. Following this year’s attacks in Christchurch, Pittsburgh, Colombo or El Paso, the role of online content in the violence faced by the Rohingya in Myanmar, or the spikes of violence towards migrants and minorities associated with migration after the Brexit vote in the United Kingdom, states and tech companies have been seeking to strengthen efforts to eliminate terrorist and violent extremist content online.

With over $600 billion spent on advertising globally every year, a more conscious approach by advertisers represents a key aspect in effectively tackling the funding and spread of xenophobia, racism, religious hatred, anti-migrant narratives and other content inciting hatred against people based on discriminatory grounds, and help ensure stronger support for accurate and responsible journalism.

The UN Secretary-General’s strategy and action plan on hate speech recognises the role of media and business actors in addressing hate. The Global Compact for Migration also affirms that advertising is a business ethics issue, and that the private sector has a vital role to play in tackling the economics of hate. Spurred on by these calls to action, businesses, governments and civil society are now coming together to find creative solutions and fix this economic model.

In the UK, much progress has been achieved: the newly-launched Global Alliance for Responsible Media brings together leading advertisers, agencies, media companies, and industry bodies to address “dangerous, hateful, disruptive and fake content”. The Conscious Advertising Network, which also launched this year, is a voluntary coalition of over 30 organisations set up to ensure that industry ethics catches up with the technology of modern advertising, through a series of voluntary codes covering a range of issues including hate speech, fake news, and diversity.

Objectives
The aim of this session is to discuss the progress made so far, and the opportunities for strengthening international co-operation in the global effort to uphold human rights, equality and diversity and push back against hatred and extremism.

In addition, the session will seek to unpack how businesses, particularly advertisers and media, can contribute to the implementation of the UN Guiding Principles on Business and Human Rights (responsibility to respect human rights) and the Global Compact for Migration; and call on states to meet their duty to protect, including through effective regulation, and foster responsible action by advertisers and media companies.

Moderators
avatar for Pia Oberoi

Pia Oberoi

Advisor on Migration and Human Rights, Office of the United Nations High Commissioner for Human Rights (OHCHR)
Dr Pia Oberoi is Senior Advisor on Migration and Human Rights for the Asia Pacific Region based in the Bangkok office of the United Nations Human Rights Office (OHCHR) where she is responsible for developing and implementing research and policy on migration and human rights in the... Read More →

Speakers
avatar for Jerry Daykin

Jerry Daykin

Senior Media Director, GSK Consumer Healthcare
Jerry joined GSK this year to lead media across their EMEA region, helping drive the continued digital transformation of one of the world’s largest consumer health businesses. He has a background in media partnerships and digital strategy, having led both globally for Diageo and... Read More →
avatar for Tracy De Groose

Tracy De Groose

Chair, Newsworks
Tracy De GrooseExecutive ChairNewsworksAs Executive Chair of Newsworks Tracy is tasked with championing Britain's vibrant news media to readers and advertisers across the nation. Tracy, who has been in role for one year, is a passionate advocate of free speech, the news industry and... Read More →
avatar for Amir Malik

Amir Malik

Global Head of Digital Marketing, Accenture Interactive
Amir Malik is head of digital marketing, specialising in martech and adtech services, and data-driven advertising for Accenture Interactive. He began his career in digital advertising working for Google, focusing on real time optimisation for search advertising. He then joined Microsoft... Read More →
avatar for Jake Dubbins

Jake Dubbins

MD at Media Bounty / Co-Chair, Conscious Advertising Network
Co-chair of the Conscious Advertising Network (CAN), a cross industry group that believe that the ethics must now catch up with the technology of modern advertising. We have written 6 manifestos - Hate Speech, Fake News, Children's Wellbeing, Diversity and Inclusion, Consent and Advertising... Read More →


Tuesday November 26, 2019 15:00 - 16:20
Room XXII

15:00

Transparency and beyond: taking stock of legislative approaches to eradicating modern slavery in global supply chains
Session organized by Freedom Fund, Minderoo Foundation and Global Business Initiative on Human Rights.

Interpretation provided in English French, Spanish and Portuguese by DOCIP.


Session description
Modern slavery is pervasive in global supply chains, generating an estimated $150 billion in illicit profits each year. As part of their commitment to end this scourge, some governments have introduced legislation imposing a positive obligation on companies to address modern slavery in their operations and supply chains. To date, most laws have focused on adopting mandatory disclosure regimes. The ground breaking transparency in supply chains provisions of the UK Modern Slavery Act, followed by the recent adoption of the Australian Modern Slavery Act in 2018, have played a key role in raising awareness of modern slavery in the private sector. However, monitoring of company compliance in the four years since the introduction of the UK law has demonstrated that there is still a long way to go to eradicate modern slavery from company supply chains and that, whilst come companies are making serious efforts, many businesses have not demonstrated a commitment to tackle the issue.

Meanwhile, other countries have adopted alternative models of supply chain legislation to address modern slavery, including mandatory human rights due diligence. With growing global momentum around the introduction of supply chain legislation, what lessons can be learned from mandatory disclosure regimes in the UK and Australia? Are other legislative initiatives that go beyond disclosure more likely to lead to concrete shifts in business practice? Drawing insights from government, business and civil society stakeholders, this session will provide a stock-take of current legislative efforts to catalyse action by the private sector to prevent modern slavery and protect workers in their supply chains.

Session objectives
The objectives of the session will be to:
  • Learn from the UK and Australian governments’ experience in their efforts to introduce disclosure requirements to tackle modern slavery in supply chains.
  • Provide civil society and business perspectives on the impact of current modern slavery supply chain disclosure requirements, using compliance with the UK Modern Slavery Act as a case study.
  • Highlight alternative models of legislation to drive business action to address modern slavery in supply chains, including mandatory human rights due diligence legislation.

Key discussion questions
  • To what extent has the introduction of mandatory disclosure laws led to business action to tackle modern slavery?
  • How can mandatory disclosure laws be strengthened to improve business compliance?
  • What alternative legislative models, beyond disclosure, have the potential to disrupt modern slavery in supply chains?

Format of the session
The session will be separated into two parts:
The first part (30 minutes, moderated by Katharine Bryant) will focus on the UK and Australian Modern Slavery Acts: government representatives from the UK and Australia will speak about their experience in adopting mandatory disclosure laws, followed by reflections on the progress achieved by these laws by representatives from business and civil society.
The second part (30 minutes, moderated by Amol Mehra) will explore other legislative approaches to tackling modern slavery in supply chains: representatives from Brazil, Hong Kong and Netherlands (tbc), will discuss current and proposed modern slavery legislation, reflecting on obstacles and challenges in adopting and enforcing these laws.
The conversation will then be opened to the floor for pre-selected comments from business and civil society on the opportunities and challenges posed by these alternative models, followed by audience Q&A (20 minutes).

Background to the discussion
Increased awareness and concern among consumers, investors, policymakers and the business community about the prevalence of modern slavery in global supply chains has led to a number of countries introducing legislation to clarify expectations of companies and to encourage corporate action. Although business action alone will not eradicate modern slavery, supply chain legislation is a critical element of the broader government response required to tackle this scourge. Most laws have focused on disclosure, requiring large companies operating in these countries to publish an annual statement on their efforts to eliminate modern slavery from their supply chains. Introduced in 2015, the disclosure requirements in the UK Modern Slavery Act focused attention on the issue in the private sector, encouraging other governments to consider adopting similar legislation. In 2018, the Australian Modern Slavery Act was enacted, building on the disclosure requirements of the UK law.

Civil society monitoring of company compliance under the UK Act has highlighted that while some businesses have demonstrated a genuine commitment to tackle the issue, many companies have not taken robust action to address modern slavery risks. Civil society, as well as business, has been increasingly vocal on the need to strengthen the UK law – with concerns about its effectiveness highlighted in a recent independent review.

While disclosure laws may have generated the most attention, other countries have adopted different approaches to regulate corporate action to tackle modern slavery. In Brazil, the Dirty List publishes the names of companies found to be profiting from slave labour. In April this year, the Dutch Senate voted to adopt the Child Labour Due Diligence Law, requiring companies to show that they have carried out due diligence related to child labour in their global supply chains. This important development reflects the growing momentum among governments to adopt mandatory human rights due diligence legislation, pushing businesses to go further than modern slavery disclosure.


Moderators
avatar for Katharine Bryant

Katharine Bryant

Manager- Global Research, Walk Free Initiative
avatar for Amol Mehra

Amol Mehra

Managing Director, The Freedom Fund

Speakers
avatar for Emma Crates

Emma Crates

Prevention Lead, Office of the UK Independent Anti-Slavery Commissioner
Emma Crates has just joined the office of the UK Independent Anti-Slavery Commissioner as policy lead for prevention. She is exploring initiatives for combating modern slavery in private and public sector supply chains and working with government, NGOs and industry to encourage transparency... Read More →
avatar for Laureen van Breen

Laureen van Breen

Program Manager, WikiRate
WikiRate is a collaborative research platform that focuses on the collection, analysis, and discussion of corporate ESG data. Working together with many different stakeholders the aim is to make information about the social and environmental performance of companies accessible, comparable... Read More →
avatar for Catie Shavin

Catie Shavin

Director, Global Business Initiative on Human Rights
avatar for Dennis Kwok

Dennis Kwok

Member, Hong Kong Legislative Council
Dennis Kwok represents the legal profession in the Legislative Council. He is currently the Executive Committee Member of Civic Party and a member of the Professionals Guild, an alliance among functional constituency members of the Legislative Council. The protection of "One Country... Read More →
avatar for Bradley Armstrong

Bradley Armstrong

Group Manager Customs Group, Australian Border Force
Brad Armstrong commenced as Deputy Comptroller-General and Group Manager of Customs Group on 1 July 2019. Prior to his appointment, from September 2018 Brad was First Assistant Secretary, Trade and Customs Division. He joined the Department of Home Affairs from the Department of Foreign... Read More →
TG

Tulio Gadelha

Deputy, Brazilian Congress
avatar for Urmila Bhoola

Urmila Bhoola

Special Rapporteur on contemporary forms of slavery, including its causes and consequences


Tuesday November 26, 2019 15:00 - 16:20
Room XIX

15:00

What is needed for State-owned enterprises to lead by example?
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

State-owned enterprises (SOEs) are an enduring and significant feature of the global economy. They can have major environmental, social and human rights impacts. While some SOEs lead on responsible business conduct and human rights, others lag behind and are involved in business-related human rights abuse.
The session led by the UN Working Group on Business and Human Rights will explore the relationship between SOEs and the States that own or control them, lessons learned from efforts to implement the corporate responsibility to respect in SOE policies and practice, and reflections on what it will take for SOEs more widely to lead by example.

The discussion builds on similar sessions at previous UN Forums. The Working Group’s report on SOEs provides a key reference. It proposed a framework for government ownership and corporate governance of SOEs based on the UN Guiding Principles on Business and Human Rights and the OECD Guidelines on Corporate Governance of State-owned Enterprises.

Speakers from SOEs and other stakeholder perspectives will offer their lessons learned and reflections on:
  • Which policy, regulatory and management tools governments are using and could use to ensure corporate governance of SOEs that aligns with international standards for responsible business?
  • What kind of policies, models and tools are available specifically to ensure that SOEs are role models on responsible business conduct and human rights?
  • Why are SOEs’ human rights impacts and State duties towards them still a neglected issue?
  • What needs to happen? What concrete steps should be taken by States and SOEs to truly lead by example?

Moderators
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Dr.Srikanya Yathip

Dr.Srikanya Yathip

Deputy Secretary General, Government Pension Fund, Thailand
Prior to joining Government Pension Fund (Thailand) or GPF, Dr. Srikanya spent more than 10 years studying and working in Japan and the United Kingdom. She joined GPF in 2010. Currently, she is the lead in corporate strategy responsible for developing long-term corporate and business... Read More →
avatar for Mathilde Mesnard

Mathilde Mesnard

Deputy Director, Directorate for Financial and Enterprise Affairs, OECD
Deputy Director since 2016, Ms Mesnard provides intellectual leadership for the OECD on a range of topics including anti-corruption, corporate governance, competition, financial markets, investment and insurance. Ms Mesnard was previously the coordinator of the OECD’s New Approaches... Read More →
avatar for Åsne Burgess Øyehaug

Åsne Burgess Øyehaug

CSR Manager, Norsk Hydro
Åsne works within Sustainability with Corporate Social Responsibility at Norsk Hydro. Hydro is a fully integrated aluminum company with 35,000 employees in 40 countries on all continents, combining local expertise, worldwide reach and unmatched capabilities in R&D. Åsne follows... Read More →
avatar for Luiz Figueira

Luiz Figueira

Sustainability Vice President, Eletrobras
In the electric power industry since 1985, and currently Director of Management and Sustainability of Eletrobras, Luiz Augusto Figueira is in charge of people, technology and supply management as well as sustainability reports and actions. He holds a Bachelor’s degree in Mathematics... Read More →
avatar for Maria Isabel Cubides Sanchez

Maria Isabel Cubides Sanchez

Program Officer Globalization and Human Rights Desk, Federación Internacional de Derechos Humanos (FIDH)
Maria Isabel Cubides is a Human Rights Lawyer expert on Business and Human Rights. As part of FIDH team she documents cases of corporate-related human rights violations, litigates before judicial and non-judicial mechanisms and advocates for stronger legal frameworks to prevent, sanction... Read More →


Tuesday November 26, 2019 15:00 - 16:20
Room XXI

15:00

Prevention is better than cure: exploring best strategies by States to prevent attacks on human rights defenders
Interpretation provided in English, French and Spanish

Session organized by The International Federation for Human Rights - FIDH, Forest Peoples Program, International Service for Human Rights - ISHR, Forum Asia, Rights in Development, Peace Brigades International - PBI, Rafto Foundation, Plataforma Internacional contra la Impunidad, Publish What You Pay - PWYP, Defend Defenders, Global Witness, Front Line Defenders, DanChurchAid, Institute for Human Rights & Business (IHRB) and Business & Human Rights Resource Centre (BHRRC) in collaboration with the UN Working Group on Business and Human Rights

About the session
This 3-hour session will explore states’ strategies to prevent attacks on and protect human rights defenders and their rights, in cases where defenders are being targeted for their work to address impacts of business activities. It will involve the perspective of defenders and affected rights holders and focus on the role that civil society, intergovernmental bodies, and businesses can play to strengthen and supplement state-based mechanisms.

The first part of the session will emphasize the obligation of states to protect human rights defenders at risk by encouraging and/or mandating robust human rights due diligence by both international and national financial institutions and companies. It will showcase strategies that some states are using to reduce the possibility of attacks against defenders.
The session will be opened by a high-level panel, which will offer general reflections about the current situation of attack on defenders. The recipient of the 2019 Human Rights and Business award will launch the ‘zero-tolerance’ pledge on killings and attacks on defenders.
The session will then delve into the specific example of anti-reprisal requirements for development finance, as one important aspect of a preventative approach. It will underline the importance of states needing to improve their efforts to ensure respect for defenders by corporations headquartered or operating in their territories and by finance institutions of which they are owners or members. Recommendations regarding best practices will be drawn from the examples discussed.

The second part of the session will emphasize the best examples of response strategies by states, when attacks on defenders occur despite preventative efforts. Using the example of the new Peru protection mechanism, participants will discuss how existing state mechanisms can be strengthened, how businesses could support state protection of and remedy for defenders and what can be learnt from the most successful approaches to date. The discussion will also explore the importance of protection of defenders and civic freedoms by companies, in cases where the state is unable or unwilling to provide protection, using the example of a case from Equatorial Guinea in which an oil company supported a defender. Recommendations regarding good practice approaches will be drawn from each set of case studies.

Session objectives
The objective of the session will be to have an open dialogue about how to move toward a preventative approach to protection of defenders, working on business-related human rights issues, taking into account the most promising current developments in terms of state protection of defenders on national and international levels. The co-organizing civil society organizations will collect key recommendations emerging from the dialogue, to inform the Working Group’s report on the Forum and further work on this issue.

Key discussion questions

Part 1:
  • What are the best strategies states have been using to reduce the possibility of attacks against defenders?
  • What are the recommendations for concrete actions by states, companies and investors to address the root causes of violence, criminalization and intimidation affecting collective and individual human rights defenders in the field of business and human rights? What are the specific recommendations in relation to different sectors?
  • What’s the potential of the ‘zero pledge’ – why is it important, what is it hoping to achieve and how will it lead to prevention of attacks? What can companies, governments and investors do to support and implement it?
  • What’s the potential of investor sensitivity and preventative mechanisms, especially development banks?
Part 2:
  •  Are existing protection mechanisms a strong enough preventative tool or are they “just” a band-aid?
  • What can be done to guarantee that the promising measures such as the Peru protection mechanism becomes more effective than past efforts in preventing attacks on defenders? What are the untapped opportunities in other older models? What are the best ways states can protect defenders, when attacks do happen, despite preventative efforts?
  • What can be learnt from the Alfredo Okenve case study, and how can lessons be replicated in other cases? What are the possibilities of creating pre-established networks of support for defenders, made up of supportive companies and embassies? How can companies’ reaction time be sped up and appetite increased for collective action in support of defenders?
Format
The organizers will use a discussion-oriented format, with panelists responding to each other and to the audience throughout the session. The moderators will lead the discussion to balance speaking time between panelists and the audience, and to act as a ‘disruptor’, so as to ensure that the panel is inclusive and challenges multiple viewpoints. Case-studies will be used to ensure the discussion is grounded in real examples and concrete. The moderators will ensure the lessons from the case-studies are extrapolated.

Background
States have the primary obligation to ensure the rights and protection of human rights defenders, as set out in various human rights instruments – in particular the UN Declaration on Human Rights Defenders – and as reaffirmed in many UN Human Rights Council and General Assembly resolutions, including through the March 2016 resolution on the protection of human rights defenders working on economic, social and cultural rights.

The importance of human rights defenders in the context of business-related impacts on human rights is recognized by the UN Guiding Principles on Business and Human Rights. They highlight the key role human rights defenders can have in human rights due diligence and enabling companies to understand concerns of affected stakeholders. In particular, the Guiding Principles:
  • Urge businesses to consult human rights defenders as an important expert resource as part of their human rights due diligence, as defenders have a key role as watchdogs, advocates and voice for affected stakeholders.
  • Urge States to ensure that the legitimate activities of human rights defenders are not obstructed.
Declines in privacy and the freedoms of expression, assembly and association, which are taking place worldwide, are not just negative for defenders and civil society but also signify where the rule of law may be under threat from governments, which can undermine the overall business environment. A red flag for this is the targeting of human rights defenders, media organizations and journalists.

Many companies have been shown to have caused, contributed to, or be directly linked to these attacks. The organizers of this session have tracked hundreds of attacks, including strategic lawsuits, beatings, threats and killings, related to most major business sectors, an alarming trend that is on the rise. Women defenders face additional and heightened risks because

Moderators
ML

Mauricio Lazala

Deputy Director, Business & Human Rights Resource Centre
avatar for Debbie Stothard

Debbie Stothard

Coordinator/Membwe, ALTSEAN/ FIDH Federación Internacional de Derechos Humanos (FIDH)
Debbie Stothard has worked since 1981 in media, academia, community education & human rights in Malaysia, Australia and Thailand. Her work in training grassroots communities and advocacy is focused on women's leadership, atrocity prevention, and business and human rights.

Speakers
CB

Carlos Briceno

Deputy Permanent Representative, Permanent Mission of Peru to the United Nations Office and other international organizations, Geneva
avatar for Michel Forst

Michel Forst

Special Rapporteur on the situation of human rights defenders, UNITED NATIONS
avatar for Hannah Clayton

Hannah Clayton

Manager, Communities and Human Rights, International Council on Mining and Metals - ICMM
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights
avatar for Arantxa Villanueva

Arantxa Villanueva

Compliance Review Phase Coordinator, MICI (Independent Consultation and Investigation Mechanism of the Inter-American Development Bank (IDB Group)
avatar for Mark Fodor

Mark Fodor

Co-coordinator, Defenders in Development campaign
Development Finance Institutions and human rights
avatar for Luisa Rios

Luisa Rios

Madre de Dios Regional Coordinator, SPDA
Environmental defenders, Indigenous peoples
avatar for Veronica Cabe

Veronica Cabe

Community Organizer, Coal Free Bataan Movement
Derek Cabe is a coordinator and community organizer for the Coal and Nuclear-Free Bataan Movement and Kilusan para sa Pambansang Demokrasya-Bataan (Movement for National Democracy). A staunch anti-coal advocate and human rights defender, she is among communitymembers leading the campaign... Read More →
avatar for Joel Frijhoff

Joel Frijhoff

Manager, Responsible Sourcing & Trading, Vattenfall
avatar for Marianne Hagen

Marianne Hagen

State Secretary, Ministry of Foreign Affairs, Norway
avatar for Alfredo Okenve

Alfredo Okenve

Civil Society Representative, Publish What You Pay (PWYP)
Alfredo Okenve is a well-known human rights defender and activist who for many years has been denouncing, nationally and internationally, regular patterns of human rights violations and corruption. He is Vice President of the Center for Development Studies and Initiatives (CEID... Read More →


Tuesday November 26, 2019 15:00 - 18:00
Room XX

16:30

Videos - Indigenous tourism and the significance of indigenous rights applied in tourism
Session presented by the World Indigenous Tourism Alliance Event (WINTA)

WINTA presentation
The World Indigenous Tourism Alliance - WINTA - is a worldwide network and non-profit organization based in Aotearoa - New Zealand.
Advocacing the rights of indigenous peoples in the tourism industry, WINTA is the only organization created and managed by indigenous experts in tourism.
WINTA's mandate is to find practical expression of the Larrakia Declaration (2012) and the UNDRIP in the tourism sector, committed to develop mutual benefit systems for indigenous and non-indigenous partners of the most developing economic sector on Earth.

Session description
In order to contribute to the UN Forum on Business and Human Rights, WINTA's Europe Agent Aurélie
Debusschère, will share :
  • a selection of inspiring videos about the concept of indigenous tourism and the significance of indigenous rights applied in tourism (45 minutes)
  • WINTA's System Solutions : Indigenous Tourism Engagement Framework for Governmental Agencies, Businesses and Indigenous Communities (Video, Charts, Photos)
  •  WINTA’s Pilot Project System undertaken with Tour operator and Media support to protect the most sensitive indigenous communities (30 min)
  • Q&A with the audience (10 min)

Session objectives
The Session offers to give an overview of WINTA’s Solution Systems to apply Indigenous philosophy and intelligence within the tourism industry, to expose the potential of indigenous tourism as a solution to climate crisis and to find a practical expression of the Declaration of the Rights of Indigenous Peoples and FPIC (Free Prior and Informed consent) in tourism practices.

Key Questions
  • How Indigenous Tourism can be a powerful tool to protect the living, support human rights and bring mutual benefits for all?
  • What does the World Indigenous Tourism Alliance’s Indigenous Tourism Engagement Framework bring in terms of solutions to have indigenous peoples’ rights respected in the tourism industry?

Speakers
avatar for Aurélie Debusschère

Aurélie Debusschère

Europe Agent, World Indigenous Tourism Alliance (WINTA)
Solutions to use conscious tourism as a powerful tool to empower indigenous communities protecting our Earth.



WINTA jfif

Tuesday November 26, 2019 16:30 - 18:00
Cinema

16:40

Building sustainable infrastructure: Lessons from the Belt and Road Initiative and other similar multi-state initiatives
Interpretation provided in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Background 
Developing “quality, reliable, sustainable and resilient infrastructure … to support economic development and human well-being” is an integral component of the Sustainable Development Goals (SDGs). Building such an infrastructure requires trillion of dollars of public and private investment. However, as highlighted in a recent report co-published by OHCHR and the Heinrich Böll Foundation (The Other Infrastructure Gap: Sustainability: Human Rights and Environmental Dimensions), integrating human rights and environmental dimensions of sustainability into infrastructure projects could not only avoid social conflicts and costly delays, but also result in developing more humane, inclusive and sustainable infrastructure.

A number of actors are involved in the design, construction, finance and operation of multi-state mega infrastructure projects, e.g., governments, State-owned enterprises, multilateral development banks, public-private partnerships, financial institutions, and institutional investors.

The UN Guiding Principles on Business and Human Rights (UNGPs), which apply to all sectors, outline the duty of both home and host States to protect against business-related adverse human rights impacts. They also clarify the responsibility of all business enterprises to respect human rights throughout their operations, including by conducting human rights due diligence and by establishing effective operational-level grievance mechanisms. Pillar III of the UNGPs stresses the importance of access to remedy by a range of judicial and non-judicial mechanisms for people who are adversely affected by business activities.

Effective implementation of the UNGPs in the context of the infrastructure development underway across all regions has the potential to make a significant positive contribution to the realization of the SDGs. Conversely, if adverse human rights impacts are not adequately managed and addressed, such projects can potentially undermine enjoyment of human rights and the SDGs. The UNGPs provide a robust framework for both host and home States as well as all involved businesses enterprises to manage these concerns in consultation with affected stakeholders.

Infrastructure development is a key component of the Belt and Road Initiative (BRI). Other similar multi-state mega infrastructure development initiatives are emerging. The recently announced Blue Dot Network is a case in point. The session aims to explore lessons from – and for – these multi-state mega infrastructure development initiatives, and to identify what implementing the UNGPs would imply in practical terms for infrastructure projects under these initiatives.

The importance of the UNGPs and other relevant international standards in the context of infrastructure development has already been recognized. For example, in the 3rd cycle of the Universal Periodic Review, the Chinese government accepted Ecuador’s recommendation to “Promote measures that ensure that development and infrastructure projects inside and outside of its territory are fully consistent with human rights and respect the environment and natural resource sustainability, in line with national and international law and with the commitments from the 2030 Agenda for Sustainable Development.” The 2019 G20 Principles for Promoting Quality Infrastructure Investment stress the need to integrate environmental considerations in infrastructure investments (Principle 3) and respect human rights in design, delivery, and management of infrastructure (Principle 5.2).

The Joint Communique of the Leaders issued at the second Belt and Road Forum for International Cooperation (April 2019) also refers to the Green Investment Principles for Belt and Road. Financial institutions and corporations supporting the Green Investment Principles pledge to embed sustainability in corporate governance, incorporate environmental, social and governance risk factors into their decision-making processes, conduct in-depth environmental and social due diligence, improve communication with stakeholders including affected communities and civil society organizations, and set up conflict resolution mechanism to resolve disputes with communities.

Against this background, the session will consider how home and host States, businesses enterprises and investors could use the UNGPs and other relevant standards to integrate human rights and environmental dimensions of sustainability to prevent, mitigate and remediate risks in designing, constructing, financing and operating the BRI or other similar multi-state mega infrastructure development initiatives.

Objectives
The session aims to:
  1. discuss the role of sustainable infrastructure in realising the SDGs;
  2. understand better the potential adverse impacts of multi-state mega infrastructure projects on individuals and communities;               
  3. discuss the role of States and financial institutions involved in the BRI and other similar multi-state mega infrastructure development initiatives to promote responsible businesses conduct on the part of business enterprises to achieve inclusive, sustainable development; and     
  4. underline the importance of conducting human rights due diligence and establishing operational-level grievance mechanisms in line with the UNGPs to mitigate, prevent and remedy adverse impacts on individuals and communities.  

Format 
The session will involve a moderated discussion with panellists with adequate time for questions and comments from the floor. The panellists will respond to specific questions posed by the moderator. The questions will relate to the role of infrastructure projects (part of the BRI or other similar initiatives) in promoting the SDGs, potential adverse human rights impacts of mega infrastructure projects, and the relevance of the UNGPs (especially human rights due diligence) and the Green Investment Principles in promoting responsible business conduct in relation to such infrastructure projects.

Panellists may draw on selected case studies to draw lessons about opportunities, challenges and potential solutions concerning multi-state mega infrastructure projects. All panellists and participants are expected to participate in discussion in a constructive and solution-oriented spirit.

Moderators
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →

Speakers
MA

Motoko Aizawa

Independent Researcher on Sustainable Infrastructure
MA

Mohamed Athman

board member, Save Lamu
I'm a human right and environment defender community activist. I prefer to talk more on how best we can protect indiginous rights and our environment when mega projects are initiated.
avatar for Larry Catá Backer

Larry Catá Backer

Professor of Law and International Affairs, Pen State University
Currently working on a monograph: "Guiding Principles on Business and Human Rights: A Commentary." Research focuses generally on governance-related issues of globalisation and the constitutional theories of public and private governance, with a focus on institutional frameworks for... Read More →
avatar for Flora Sapio

Flora Sapio

Università degli Studi di Napoli “L'Orientale”
MW

M. Wawa Wang

Senior Advisor, Sustainable Energy


Tuesday November 26, 2019 16:40 - 18:00
Room XXI

16:40

Catalytic examples of government measures that bring scale to priority business actions affecting children’s rights
Session organized by UNICEF

Convened by UNICEF, Charlotte Petri Gornitzka, Deputy Executive Director and Assistant Secretary-General, UNICEF

Webcast of the session:
Meeting link
Meeting number: 840 079 851
Password: rBEJX7Zh

Description of the session
This session will showcase catalyzing examples of government policy successes that bring scale to priority business actions that affect children’s rights, and those of their families.

Business and human rights impact assessments increasingly demonstrate the need to look at children's rights not as a separate issue, but as part of interlinkages and dependencies. An integrated approach to children’s rights highlights the saliency, the nexus between business and society.

As elaborated by the Committee on the Rights of the Child, “States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children’s rights. Such measures can encompass the passing of law and regulation, their monitoring and enforcement, and policy adoption that frames how business enterprises can impact on children’s rights. States must investigate, adjudicate and redress violations of children’s rights caused or contributed to by a business enterprise.” [GC 16]

Government measures establishing decent work provisions, and business policies and practices in relation to conditions of work can have a huge impact on not just workers, but their families. At the heart of these issues are children, who stand to benefit the most from policies which enable the reconciliation of work and family responsibilities. Recent studies show that paid parental leave has been associated with reduced incidence of child mortality and low birth weight, higher rates of breastfeeding and immunization coverage, improved cognitive development and school performance in children, and fewer instances of child abuse.

Malnutrition today is an urgent and globally acknowledged priority. Malnutrition takes many forms, from underweight to obesity, from nutrient deficiencies to diet-related non-communicable diseases. It is also the result of an unsustainable food system and unhealthy food environment. The WHO and UNICEF identified the lack of marketing regulations for children as a key contributing factor. Chile provides an example of comprehensive policies.

This session will showcase catalyzing examples:
  • A July Summit in New York highlighted decent work-related measures, including examples of leading governments on parental leave and measures to support return to work and child care.
  • Integrating children’s rights criteria in to the baseline assessments for National Action Plans is catalyzing deeper understanding of priority policy actions needed. For example, A baseline assessments in Argentina and Australia have established an evidence-base of priority actions to protect children and caregivers in policies and laws that shape business practices.
  • A range of European governments are following the example of France on human rights due diligence legislation, including key provisions on children’s rights; other governments are looking to the model of the Netherlands International Responsible Business Agreements.
  • Governments have undertaken a range of legislative, standards, and public-private monitoring measures to address child protection on-line protection.
  • Government ESIA requirements have proven to be among pivotal factors in preventing and mitigating environment harms, and some sectors have improved the integration of children’s and human rights following measures by Canada and others.
  • A tourism impact assessment focusing on children’s rights in Zanzibar Tanzania has catalyzed action on codes of conduct, dialogues with tourism investors on how to respect and support children’s rights through workplace family friendly policies and criteria for responsible tourism.

Format:
The session will be structured as follows:
  • An introduction from the Convener on the role of government action, including evidence on priority areas for children and their families.
  • Speakers on catalytic examples from Canada, Chile, the Netherlands and Tanzania.
  • Speakers, select interventions and discussants among the participants, will facilitate interactive discussion from all participants and encourage participants to commit to follow up action.

Refreshments will be served after the session

Moderators
avatar for Githu Muigai

Githu Muigai

Vice-Chairperson, UN Working Group on Business and Human Rights

Speakers
avatar for Christina Sabater

Christina Sabater

Founder and Principal, Avanzar LLC
Christina, a founder of Avanzar, has extensive experience working in Latin America on water rights, security-related human rights and human rights impact assessments. Avanzar fosters partnerships with government, academic institutions, communities and civil society to promote corporate... Read More →
RC

Robert Coleman

Director, Responsible Business Practices, Global Affairs, Government of Canada
avatar for Alexandra van Selm

Alexandra van Selm

Program Director, International Responsible Business Agreements, Social and Economic Council of the Netherlands
First Name, Family Name : Alexandra van SelmTitle, Organisation: Program Director, International Responsible Business Conduct, Social and Economic Council, the NetherlandsBio: Alexandra van Selm is Program Director for International Responsible Business Conduct at the Social and Economic... Read More →
avatar for Mahmoud Thabit Kombo

Mahmoud Thabit Kombo

Minister for Information, Tourism and Heritage, Revolutionary Government of Zanzibar, United Republic of Tanzania
avatar for Lorena Rodríguez Osiac

Lorena Rodríguez Osiac

Academic of Public Health Institute, University of Chile
I am academic of Public Health Institute of the University of Chile. My work topics are social determinants of malnutrition, food environments, obesity, public nutrition, nutrition policies (FOP labeling, restrictions of food marketing, taxes, subsidies) and nutrtion and food in... Read More →
CA

Claudio Avruj

National Human Rights Secretary, Argentina


Tuesday November 26, 2019 16:40 - 18:00
Room XXV

16:40

How business can leverage anti-corruption practices to advance respect for human rights
Session organized by United Nations Global Compact, Global Compact Network Australia, Global Compact Network Brazil, Global Compact Network Colombia, Global Compact Network Germany, Global Compact Network France, Global Compact Network Indonesia, Global Compact Network Italy, Global Compact Network Poland, Global Compact Network Spain, Global Compact Network Switzerland and Alliance for Integrity


Objectives
This session will explore how we can build on practical, positive and promising examples from the business community that have contributed to the prevention of corruption and human rights violations. UN Global Compact and Alliance for Integrity seek to demonstrate:
  • the direct relation between corruption and the violation of human rights within the private and public sectors;
  • good practices on how companies are reducing risks related to human rights and corruption through the implementation of  meaningful and robust efforts, programmes, and due diligence processes;
  • the importance of the joint work of these initiatives in order to train, inform and highlight good practices of the private sector in this area;
The session complements a session led by the UN Working Group on Business and Human Rights on 25 November examining the links between anti-corruption and efforts to promote the UN Guiding Principles on Business and Human Rights.

Background
Transparency International’s Corruption Perceptions Index (CPI) is published annually and ranks 180 countries and territories by their perceived levels of public sector corruption. Overall, the CPI 2018 reflects a subsistent inability by most countries to substantially reduce all forms of bribery and corruption which ultimately affects their ability to promote peaceful, just and inclusive  societies – all of which are covered by Goal 16 of the Sustainable Development Goals.

There is growing recognition of the adverse and pervasive impact of corruption on the enjoyment and protection of human rights. Corruption has the capacity to directly and/or indirectly contribute to the violation of human rights, especially of vulnerable groups such as women, children and indigenous communities. The scourge of corruption has led to a decline in trust in public and private institutions and, more specifically, material financial and reputational exposure for businesses.

But what do these interlinkages mean for business action? A human rights based approach can be a valuable tool in the fight against corruption, and human rights standards and principles must be reflected in anti-corruption strategies and interventions by both the public and private sector. A multi-stakeholder approach and strong partnerships are key to the success of meaningful corporate action in this space.

This session will explore successful examples of:
  • how codes of conduct and policies can look at this issue holistically,
  • how systems and supply chains can be mapped in a systematic and structured way,
  • how learnings from anti-corruption compliance can be applied to human rights due diligence,
  • how staff can be sensitized in context-oriented trainings,
  • but also how learnings can be applied within SMEs.


About organizers
  • As a special initiative of the UN Secretary-General, the United Nations Global Compact is a call to companies everywhere to align their operations and strategies with ten universal principles in the areas of human rights, labour, environment and anti-corruption, and to take action in support of UN goals. With more than 9,500 companies and 3,000 non-business signatories based in over 160 countries, and more than 70 Local Networks, it is the largest corporate sustainability initiative in the world.
  • The Alliance for Integrity is a business-driven, multi-stakeholder initiative seeking to promote transparency and integrity in the economic system. To achieve this goal, it fosters collective action of all relevant actors from the private sector, the public sector and civil society. The Alliance for Integrity currently operates from offices in regional hubs in Brazil, Germany, Ghana, India and Mexico; additionally, its compliance training programme is carried out across Latin America.

Moderators
avatar for Kylie Porter

Kylie Porter

Executive Director, Global Compact Network Australia
I am the Executive Director of the Global Compact Network Australia (GCNA); the Australian chapter of the world's largest business-led sustainability initiative, The United Nations Global Compact. I am a responsible business expert with over 15 years of experience in corporate affairs... Read More →

Speakers
avatar for Satrio Anindito

Satrio Anindito

Program Manager Development - Business & Human Rights, Global Compact Network Indonesia
Satrio Anindito works in the Commissioner’s Office of PT Rajawali Corpora, an Indonesian national holding investment Company operating in diverse industries i.e. hotel & property, transportation, agriculture, mining and IT Services.He graduated International Relations major from... Read More →
avatar for Lise Kingo

Lise Kingo

CEO and Executive Director, UN Global Compact
Lise Kingo is the CEO and Executive Director of the United Nations Global Compact, which is the world’s largest corporate sustainability initiative with more than 13,500 signatories from 170 countries that have committed to aligning strategies and operations with universal principles... Read More →
avatar for Daniela Camargo

Daniela Camargo

Focal Point. Human Rights and Anticorruption Coordinator, Global Compact Network Colombia
Gender, Peace building, Due Diligence and SDGs.
avatar for Marco Perez

Marco Perez

Network Manager Mexico & Colombia, Alliance for Integrity, Mexico
Business Integrity and Human Rights
BD

Bramantyo Djohanputro

Executive Director, PPM Manajemen
avatar for Raffaele Cutrignelli

Raffaele Cutrignelli

Head of Audit and Compliance Officer, Enel Américas
HM

Hanna Machińska

Deputy, Polish Ombudsman
AT

Anahita Thoms

Partner and Head, Trade Practice, Baker & McKenzie
RL

Raphael Lafetá

, Executive Director of Institutional Relations and Sustainability, MRV Engenharia
avatar for Jean-Michel Scuitto

Jean-Michel Scuitto

Director of Ethics and Anti-Corruption, GSE
In charge of Risk Management, CSR and ethics matters


Tuesday November 26, 2019 16:40 - 18:00
Room XIX

16:40

What does accountability and remedy look like in the case of adverse human rights impacts from digital technologies?
Session organized by the Office of the High Commissiones for Human Rights (OHCHR)

Webcast of the session:
Meeting link
Meeting number: 841 558 315
Password: smgwPdAP

Session description
The United Nations Guiding Principles on Business and Human Rights (UNGPs) stipulate the duties and responsibilities of states and business respectively to provide access to effective remedy for human rights harm by business (UNGPs Pillar III). 

States not only have obligations to ensure accountability and remedy for human rights violations committed by state actors, they must also take appropriate steps to ensure that victims of business-related human rights abuse have access to effective remedy. Depending on the nature of a particular case or situation, victims of adverse human rights impacts from digital technologies should be able to achieve remedy through effective judicial or non-judicial state-based grievance mechanisms.

As far as companies are concerned, the UNGPs recognize that when business enterprises are involved in human rights abuses, those harmed must have access to effective remedy. Ensuring access to effective remedy – regardless of the mechanism – can be challenging no matter the industry or operating context. When it comes to the development and use of digital technologies, certain seemingly unique issues arise, for instance in relation to adverse impacts resulting from decisions made by machines and algorithms rather than humans; the need for mechanisms to potentially address the grievances of millions of adversely affected rights-holders; and safeguarding challenges due to the fact that dozens of companies are linked to abuse via the interaction of different technology products and services.

This session will explore issues related to the technology sector and access to effective remedy through the use of both State-based (judicial or non-judicial) and non-State-based grievance mechanisms. In particular, panelists and participants will be invited to share the challenges associated with the use and administration of such mechanisms, ways for overcoming these challenges as well as ideas and lessons learned for enhancing the effectiveness of these mechanisms.

Session objectives
    • Discuss the existing State-based remedial avenues in case of adverse human rights impact from digital technologies;
    • Explore the different ways that technology companies can and should establish or participate in private grievance mechanisms in order to meet their responsibilities under the UNGPs; Discuss the challenges and opportunities involved in this field;
    • Discuss the practical steps that technology companies can take to ensure rights-holders have meaningful access to remedy in a way that accounts for the unique challenges these companies face; and
    • Explore the role States can play to facilitate access to non-State-based grievance mechanisms dealing with human rights harms relating to digital technologies.

Key discussion questions 
  • To what extent do technology companies administer or participate in private grievance mechanisms? 
  • How well are technology companies responding to the challenges set out in the UN Guiding Principles as regards access to remedy for human rights-related harms?  What has been done so far?  What still needs to be done?
  • What models of grievance mechanisms are technology companies using?  What innovations have been tried or are in the pipeline?
  • What kinds of human rights issues are people raising with technology companies through private grievance mechanisms? And how are companies responding?
  • Have there been sectoral or geographical variations in the way technology companies are responding?  If so, what is driving these variations?
  • What collaborative initiatives are in place to provide remedies to affected people, to help companies identify systemic or industry-wide problems, or to formulate joint responses to broader challenges?  How well are these working?  What still needs to be done?
  • What is the role of States in supporting remedial efforts by technology companies? In what ways and circumstance can State regulation provide drivers for change?

Format of the session
First part of the session: a moderated discussion with panelists speaking to the issue of State-based and non-State-based grievance mechanisms in the tech sector from the perspective of a Government’s representative, a tech company, a multi-stakeholder initiative, a rights-holder and an academic institution. Following the presentations, the floor will be open to a short Q&A from the audience.

Second part of the session: a fictional case study will be screened (consisting of a small fact pattern and some questions). Each of the panelists will share some preliminary thoughts to kick off the discussion and the audience will be invited to speak to the case study from the floor.

Background
OHCHR has recently launched the B-Tech Project, which seeks to provide authoritative guidance and resources to enhance the quality of implementation of the UNGPs with respect to the technology space. The B-Tech project will be looking at four inter-related focus areas: Addressing Human Rights Risks in Business Models (Focus Area 1); Human Rights Due Diligence and End-Use (Focus Area 2); Accountability and Remedy (Focus Area 3 and the Forum session’s specific focus); and “A Smart Mix of Measures:” Exploring regulatory and policy responses to human rights challenges linked to digital technologies (Focus Area 4).

The session’s output will also feed into phase III of OHCHR’s Accountability and Remedy Project on non-State-based grievances mechanisms.

Moderators
avatar for Lene Wendland

Lene Wendland

Chief of the Business and Human Rights Unit, Office of the High Commissioner for Human Rights (OHCHR)

Speakers
avatar for Rebecca MacKinnon

Rebecca MacKinnon

Director, Ranking Digital Rights
Rebecca MacKinnon directs the Ranking Digital Rights project at New America. (See rankingdigitalrights.org) A 2019-2020 University of California Free Speech and Civic Engagement Fellow, she is author of Consent of the Networked (2012), co-founder of Global Voices, a founding member... Read More →
avatar for Nikolaj Christian Borreschmidt

Nikolaj Christian Borreschmidt

Head of section, Ministry of Foreign Affairs of Denmark, Tech Department
Nikolaj works in the Ministry of Foreign Affairs of Denmark as tech advisor to Denmark's Tech Ambassador, Casper Klynge. Nikolaj has previously served as Research and Innovation Attaché at the Permanent Representation of Denmark to the European Union, and holds a degree in EU International... Read More →
avatar for Sarah Joseph

Sarah Joseph

Director, Castan Centre for Human Rights Law, Monash University
They should talk to me about social media and human rights, and also the need for "hard law" obligations wrt business and human rights
avatar for Laura Okkonen

Laura Okkonen

Senior Human Rights Manager, Vodafone
A Business & Human Rights subject matter expert working in the ICT sector. A Finn based in the UK.
avatar for Theo Jaekel

Theo Jaekel

Corporate Responsibility Expert - Business and Human Rights, Ericsson
Legal counsel responsible for human rights at group level, across Ericsson's value chain. This includes issues related to responsible sourcing and the end use of Ericsson technology.
avatar for Laura O'Brien

Laura O'Brien

Policy and Advocacy Fellow, Access Now
Laura O’Brien was awarded a 2019 Columbia Law School LL.M. Public Interest and Government Fellowship at Access Now, an international organization dedicated to defending and extending the digital rights of users at risk around the world. At Access Now, Laura provides assistance on... Read More →


Tuesday November 26, 2019 16:40 - 18:00
Room XXII
 
Wednesday, November 27
 

09:00

Ending violence and harassment in the world of work
Session organized by the International Trade Union Confederation (ITUC)

Webcast of the session:
Meeting link
Meeting number: 846 511 945
Password: nSk4CUJH

The International Trade Union Confederation will host a roundtable discussion exploring effective measures to combat violence and harassment in the world of work. According to the WHO, at least 35 per cent of women over the age of 15 have experienced sexual or physical violence. Despite its systematic and widespread nature, gender-based violence remains one of the most tolerated violations of human rights in the workplace. This is a threat to the dignity, security, health and well-being of everyone. It has an impact not only on workers and businesses, but also on their families, communities, economies and society as a whole. Whilst no sector or occupation is immune from gender-based violence, certain sectors and occupations face higher exposure and risks.
The objective of the session is to further the gender dimension of the UN Guiding Principles by discussing initiatives in relation to violence and harassment. The discussion will take place in light of the recent adoption of ILO Convention No. 190 on Violence and Harassment in the World of Work as well as the gender framework developed by the Working Group. ILO Convention No. 190 provides for a framework for governments, business and workers’ representatives to take action against violence and harassment that can feed into the obligations and responsibilities under each of the three pillars of the UNGPs. The multi-stakeholder roundtable will delve into how this instrument can help identify practical steps to implement the UNGPs with a specific gender-lens, in particular when it comes to violence and harassment. Moreover, the discussion will aim to provide examples of successful stakeholder collaboration.

The discussion will tackle these questions:
  • How do adverse impacts of businesses on gender-based violence and harassment in the world of work manifest themselves and what does this mean for rights-holders and society?
  • What is ILO Convention No.190 about and how can it help governments, businesses and other stakeholders to better understand their responsibilities to combat violence and harassment in the world of work?
  • How do successful initiatives that have been taken look like? What are the main obstacles to effect change?

Moderators
CK

Chidi King

Equality Director, International Trade Union Confederation (ITUC)
avatar for Makbule Sahan

Makbule Sahan

Legal Director, International Trade Union Confederation (ITUC)
Makbule is leading the ITUC’s work on international labour standards and human rights mechanisms, litigation in regional and national courts, business and human rights, labour law and the ITUC Global Rights Index.

Speakers
avatar for Rakesh Patry

Rakesh Patry

Director General, International and Intergovernmental Labour Affairs, Department of Employment and Social Development (ESDC) Canada
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
RA

Rose Auma Omamo

National chair and executive board member, Central Organization of Trade Unions Kenya - COTU ( K)
Rose Omamo . National Chairlady for Central Organization of Trade Unionist Kenya A Trade Unionist advocating for Workers rights and Gender champions
MT

Manuela Tomei

Director of the Work quality department, International Labour Organization (ILO)


Wednesday November 27, 2019 09:00 - 10:15
Room XXII

09:00

Inclusion can’t wait. The business case for the inclusion of persons with disabilities
Session organized by OHCHR, ILO, the International Disability Alliance, the UN Special Rapporteur on the rights of persons with disabilities and the EU funded Bridging the Gap Project.

With respect to the world of work, persons with disabilities have historically faced serious challenges and barriers impeding their access to employment. This represents a violation not only of their rights, but a loss for our societies and economies. Many persons with disabilities continue to face discrimination with respect to opportunities and outcomes in the world of work.

As a result, there is disproportionately low representation of persons with disabilities in the global labour market. Across all regions, on average, persons with disabilities are employed at a 25% lower rate than others. In Africa and India, about three out of four persons with disabilities are excluded from the labour force.
And where they are employed, they face obstacles in their working environment and conditions with poor promotional prospects. In Chile, 20% of persons with disabilities report that their workplace is not accessible, while in Cameroon it is 50% and in Sri Lanka, 45% of employed persons with disabilities.

Businesses have a primary responsibility to ensure that recruitment processes and workplaces are barrier-free to ensure that all potential employees, including persons with disabilities, have equal opportunities to be hired and included in the workplace. Accessible and inclusive work environments not only ensure that employees with disabilities can contribute and advance in their careers on an equal basis with others, they also serve to promote staff engagement and retention for better business results. Governments have a key role to guide businesses in fostering inclusive workplaces which embrace diversity and strengthen respect for human rights.

The UN Convention on the Rights of Persons with Disabilities and the UN Guiding Principles on Business and Human Rights, among other instruments, guide States in these commitments – both with respect to businesses within their borders and those beyond in the framework of international cooperation.

Aim of the session
This panel session, organised by the Office of the High Commissioner for Human Rights (OHCHR), the International Labour Organization (ILO), the International Disability Alliance (IDA), the Office of the Special Rapporteur on the Rights of Persons with Disabilities, the EU funded Bridging the Gap Project- Inclusive Policies and Services for Equal Rights of persons with Disabilities, seeks to present good practices to promote the employment of persons with disabilities and to consolidate the business case for inclusion.

Format of the session
The panelists will share their unique perspectives from government, the private sector, the disability movement, national business and disability networks, and international cooperation agencies, on how they are working to fulfil this common goal.

The session will be followed by a Q&A discussion. Live captioning will be available during the event and the panel will be webcast live and archived on UNTV.

Social media coverage of the discussions can be followed at:
@IDA_CRPD_Forum, @SR_Disability, @ILO, @BtG_project
And through the following hashtags:
#Enable2Work #Inclusion4Me #CRPD4Me
For further information, please contact fsettimi@ida-secretariat.org or vlee@ohchr.org

Moderators
avatar for Lene Wendland

Lene Wendland

Chief of the Business and Human Rights Unit, Office of the High Commissioner for Human Rights (OHCHR)

Speakers
avatar for Catalina Devandas Aguilar

Catalina Devandas Aguilar

UN Special Rapporteur on the Rights of Persons with Disabilities
avatar for Eleni Theodorou

Eleni Theodorou

Sustainability, Corporate Social Responsibility and Corporate Engagement Consultant
Eleni is a young talent with a visual impairment due to childhood cancer (retinoblastoma). She has a hybrid background in both the private and the public sector. She has worked for companies such as Nestlé Government Affairs and Corporate Communications focused on topics such as... Read More →
avatar for Carla Bonino

Carla Bonino

CSR and Sustainability Head of Unit, Fundación ONCE
Sociologist, Carla has worked in Fundación ONCE since 2004, in different positions in the fields of strategy, European programmes, gender and disability. Prior to this, se she worked as a social researcher for the university and trade union sector in topics related to employment... Read More →
avatar for Dylan Winder

Dylan Winder

Counsellor and Team Leader Humanitarian, Protracted Crises and Migration, UK Mission to the UN and WTO
Dylan has worked in the Department for International Development (DFID) for over twenty years and is currently the Humanitarian and Protracted Crisis Counsellor and Team Leader at the U.K. Mission to the United Nations in Geneva. He leads relationships with UN Humanitarian Agencies... Read More →
avatar for Firehiwot Siyum

Firehiwot Siyum

Independent Expert, former coordinator of the Ethiopian National Business and Disability Network
Firehiwot Siyum Tadese is a young African disabled woman who previously worked at a local NGO, Ethiopian Center for Disability and Development (ECDD) where she was able to achieve in establishing the Ethiopian Business and Disability Network (EBDN) in Ethiopia, funded by the ILO... Read More →
avatar for Thierry Fiquet

Thierry Fiquet

European Union Expertise on Social Protection, Labour and Employment, SOCIEUX+
Since 2017, Thierry FIQUET is the technical key expert on “Labour and Employment” of the team implementing SOCIEUX+ : the EU facility on Social Protection, Labour and Employment which provides short term and peer to peer EU expertise worldwide. For 20 years, Mr FIQUET held many... Read More →
avatar for Berhanu Tefera

Berhanu Tefera

African Disability Forum - Executive Director, International Disability Alliance


Wednesday November 27, 2019 09:00 - 10:15
Room XX

09:00

Mediation as viable access to remedy?
Session organized by Inclusive Law

Interpretation provided in English and Spanish by DOCIP


Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Short Description
Mediation is being increasingly used as a means to enable dynamic and effective dialogue for dealing with business and human rights disputes. Because of mediation’s inherent flexibility and responsiveness, its ability to ensure better power balances, and its ability to be used in the early stages of possible conflicts, mediation increasingly appears to provide an opportunity for the prevention or management of many business and human rights conflicts. It can also be a means to reduce years of disputes and complex and protracted international court proceedings, and can link to effective grievance mechanisms.
A multi-stakeholder group from law firms, companies, civil society and mediation backgrounds have been meeting regularly to discuss these issues. They are now in the midst of consulting on the design and creation of a potential new permanent mediation facility that could provide a resource to claimants, law firms and companies, as well as to governments. This is based on the models created by the Centre for Effective Dispute Resolution. This session will bring these stakeholders together to explore the merits of this mediation facility and consider comments made, in order to shape thinking about the form of the facility and its operation.

Session Objectives
This session will discuss the prospects of mediation as a viable means to access remedies in business and human rights. It will consider the proposal by the Centre for Effective Dispute Resolution to use an innovative example of effective collaboration, with a credible accountability design and empowerment of rights holders to apply to these disputes.
The session will include panel analysis by experts, as well as small group discussions amongst the audience to ensure broad and diverse comments.

Key Discussion Questions
  • What are the key opportunities for high-quality mediation in this field?
  • What do are possible obstacles/concerns?
  • What would be the best recommendation for a mediation facility that would support good human rights outcomes and better business-stakeholder relationships?

Moderators
avatar for Robert McCorquodale

Robert McCorquodale

Professor, Inclusive Law
Independent advisor, experienced academic and practitioner, and expert trainer on business and human rights to companies, NGOs, governments, industry associations, and international organizations.

Speakers
avatar for Sarah Ellington

Sarah Ellington

Dispute resolution lawyer, DLA Piper
Sarah has over 10 years’ experience resolving disputes using both formal and informal mechanisms for governments, governmental agencies and international organisations, as well as multinational corporations.Sarah advises clients across a number of sectors on risk management and... Read More →
avatar for Cristina Tebar-Less

Cristina Tebar-Less

Acting Head of the OECD Centre for Responsible Business Conduct, OECD
Cristina Tébar Less is the Acting Head of the OECD Centre for Responsible Business Conduct. She manages a team of experts in corporate responsibility and oversees work related to the implementation of the OECD Guidelines for Multinational Enterprises, the development of due diligence... Read More →
avatar for Karl Mackie

Karl Mackie

Founder President, Centre for Effective Dispute Resolution
Karl is CEDR's senior mediator & founder president. In 2010 he became the only mediator to be awarded an honour (CBE) for services to mediation. With nearly 30 years of experience, he frequently mediates some of the most intractable and sensitive cases in Europe, ranging from leading... Read More →
avatar for Pablo Lumerman

Pablo Lumerman

Access, company-community dialogue
HN

Hector Nahuel

Werken (speaker), Confederatión Mapuche de Neuquen


Wednesday November 27, 2019 09:00 - 10:15
Room XXV

09:00

Multi-stakeholder initiatives promoted by States to drive business respect for human rights - effectiveness and lessons learned
Session organized by the Social and Economic Council of the Netherlands (SER)

Interpretation provided in English, French and Spanish by DOCIP.

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Description of the session

On the basis of the UNGPs and the OECD-Guidelines, governments expect companies to transact business with respect for human rights and the environment. Not just on their own territory, but also abroad. As part of the State’s duty to protect, governments have acted as catalysts for driving business respect for human rights by taking measures, including those that promote and facilitate multi-stakeholder initiatives (MSIs). MSIs, in the context of this session, encompasses (formal and informal) collaboration between the government and social partners to define and monitor how the responsibility to respect and protect human rights, as well as to remedy potential adverse impacts, can be met in practice. In a number of countries, non governmental organisations (NGOs) also partake in MSIs. MSI initiatives may take the form of, for example, sector dialogues leading to binding agreements or human rights monitoring commissions in reach the various stakeholders are formally represented and engaged. MSIs are often voluntary in nature, but result in obligations that are monitored. They can be structural collaboration or have a more ad hoc character depending on the specific context and policy of the State, if any.

This Forum session will focus on the innovative multi-stakeholder approaches promoted and/or facilitated by States to drive business respect for human rights in a variety of sectors. Experiences will be exchanged (incl. lessons learned) and options for scaling up will be discussed.


Objectives of the session

The objectives of the session are twofold:
  • To provide a platform for States to share and exchange  experiences (incl. lessons learned) about promoting and/or facilitating multi-stakeholder initiatives to drive business respect for human rights, and to clarify which elements of a multi-stakeholder approach would work given the specific context of a State.
  • To examine options for scaling up multi-stakeholder initiatives and, regarding how such initiatives can strengthen each other and complement other existing measures that drive business respect for human rights.


Key discussion questions
  • Sharing experiences 
    How have different States promoted and facilitated MSIs to drive business respect for human rights? Which challenges related to responsible business conduct can be resolved through MSIs? What are the lessons learned from these initiatives? And how can a multi-stakeholder approach be effective given the specific context of a State: what works?
  • Increase impact
    What are the options for scaling up the impact of MSIs? How can such initiatives strengthen each other and complement other existing measures that promote responsible business conduct (for example. legislation on due diligence)?


Background to the discussion

In more and more countries we see governments drive business respect for human rights by promoting and facilitating MSIs. In the Netherlands, the government has been developing International Responsible Business Conduct (RBC) Agreements with businesses, unions and civil society in sectors with a high risk of human, labour and environmental right violations. Several multi-stakeholder international RBC Agreements have been concluded in a wide range of sectors: in the garments and textile industry (2016), banking sector (2016), pension funds sector (2018), insurance sector (2018), gold sector (2017), food products industry (2018), Forestry sector (2017), the metal sector (2019), Floricultural sector (2019), Natural stone sector (2019). Multi-stakeholder agreements are also been discussed. for example, in Germany whilst other countries like Ghana utilise MSIs to enforce business respect for human rights. At the same time, other measures, for example legislation that embeds elements of risk-based due diligence, have also been adopted or is being considered by States to drive business respect for human rights, for example in France.

Moderators
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights

Speakers
DM

David Maenaut

Delegate-General, Mission of Belgium, Delegation of Flanders
AK

Anna-Lena Klassen

Senior Policy Officer, Federal Ministry for Economic Cooperation and Development of Germany
avatar for Maylis Souque

Maylis Souque

Secretary General of the French OECD National Contact Point for RBC / Advisor for Responsible Business Conduct of France, Ministry of Economy, France
Maylis SOUQUE is the Secretary General of the French OECD NCP for Responsible Business Conduct (RBC) and Senior Advisor on Corporate Social Responsibility (CSR) at the Directorate General of the Treasury of the French Ministry for the Economy and Finance. She organizes the work of... Read More →
avatar for Alexandra van Selm

Alexandra van Selm

Program Director, International Responsible Business Agreements, Social and Economic Council of the Netherlands
First Name, Family Name : Alexandra van SelmTitle, Organisation: Program Director, International Responsible Business Conduct, Social and Economic Council, the NetherlandsBio: Alexandra van Selm is Program Director for International Responsible Business Conduct at the Social and Economic... Read More →
avatar for Daniel Sakyi Asiedu

Daniel Sakyi Asiedu

Tripartite Coordinator National Tripartite Committee Secretariat Ministry of Employment & Labour Relations of Ghana, Ministry of Employment & Labour Relations, Ghana
Daniel Sakyi Asiedu currently serves as the Acting Head of the National Tripartite Committee Secretariat. The Secretariat coordinate the activities of the National Tripartite Committee for the determination of the National Daily Minimum Wage; advise on employment and labour market... Read More →


Wednesday November 27, 2019 09:00 - 10:15
Room XXI

09:00

Research, engagement, advocacy: exploring the delicate role of the new ‘all-in-one BHR scholar’
Session organized by the Business and Human Rights Journal; Global Business and Human Rights Scholars Association

Webcast of the session:
Meeting link
Meeting number: 840 368 810
Password: 7KAXPwtJ

Brief description of focus and objectives
The business and human rights (BHR) field is characterized by a high degree of engagement between scholars and practitioners, advocates, policy-makers and others, who interact closely and often move almost seamlessly from one role into the other. This raises the question about the proper place and purpose of scholarship and about the role of academics in the BHR field. Should BHR scholarship be engaged, take a stance, and advocate for human rights respect, or should it ‘merely’ observe and explain? To what extend can and ought BHR academics be political in their work and wear different ‘hats’ that may be seen as compromising the ‘neutrality’ of their research? At a more institutional level, should universities, and the dedicated BHR centers and initiatives they host, serve a mere ‘academic’ purpose or do they have a proactive role to play in advancing and advocating for human rights respect of companies? In connection with the 2019 Forum theme on the role of governments as catalysts for corporate human rights respect, this question is perhaps particularly relevant for public universities as a potential instrument of governments to advance human rights. However, the line between ‘engaged research’ and conflicts of interests is often thin and the ties that may result from such work can threaten academic freedom and independence.

This panel aims at exploring this delicate line between research, engagement, and advocacy and the consequences and ramifications – e.g., conflict of interest, loss of academic freedom, ‘corporate capture’ – that may result from ‘getting it wrong’.

Envisaged format of the session
Short and concise input statements by speakers that highlight different aspects of the subject. Moderated discussion among panelists. Then bulk of the time devoted to interaction with audience.

Moderators
avatar for Michael Santoro

Michael Santoro

President, Global Business and Human Rights Scholars Association
I am Co-Founder and served as the first President of the Global Business and Human Rights Scholars Association (55 nations represented, so far) as well as Co-Founder and Co-Editor of the Business and Human Rights Journal. Would love to hear your ideas about scholarly and practitioner-oriented... Read More →

Speakers
avatar for Rebecca MacKinnon

Rebecca MacKinnon

Director, Ranking Digital Rights
Rebecca MacKinnon directs the Ranking Digital Rights project at New America. (See rankingdigitalrights.org) A 2019-2020 University of California Free Speech and Civic Engagement Fellow, she is author of Consent of the Networked (2012), co-founder of Global Voices, a founding member... Read More →
avatar for Carolina Olarte Bacares

Carolina Olarte Bacares

Director, Centro de estudios de derecho internacional
Carolina is an Associate Professor at Pontificia Universidad Javeriana, Director of the Department of Philosophy and History of Law and of the Center for International Law Studies “Francisco Suarez S.J.”.Carolina holds a PhD degree in Law at the Université Paris 1 Panthéon Sorbonne... Read More →
avatar for Florian Wettstein

Florian Wettstein

Director, Institute for Business Ethics, University of St. Gallen
avatar for Olena Uvarova

Olena Uvarova

Head of the International Lab on Business and Human Rights, Yaroslav Mudryi National Law University, Ukraine
Ph.D in Law, lecturer in the Theory of Law Department, Head of the International Lab on business and human rights in the National Law University of Yaroslav Mudriy, member of the editorial board of the journal “Philosophy of Law and General Theory of Law” (EBSCO Publishing).In... Read More →


Wednesday November 27, 2019 09:00 - 10:15
Room XXIV

10:30

Snapshot - Private Security Governance and National Action Plans on Business and Human Rights
Snapshot organized by the Geneva Centre for Security Sector Governance (DCAF) and the Danish Institute for Human Rights (DIHR)

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

The private security industry has grown significantly over the past several decades, with private security personnel outnumbering police personnel in many countries across the globe. The UN Guiding Principles on Business and Human Rights articulate the obligations of States to protect human rights and the responsibilities of businesses to respect human rights. Given the elevated risks of human rights impacts related to private security, States should give special consideration to this sector within the framework of their National Action Plans (NAPs) on business and human rights.

Correspondingly, DCAF – Geneva Centre for Security Sector Governance and the Danish Institute for Human Rights are launching a thematic supplement on private security governance to the National Action Plans on Business and Human Rights Toolkit. The Supplement highlights specific human rights risks and impacts related to private security. It also provides insight and guidance on the analysis of existing legal frameworks and policy responses for the development of new laws, policies, and practices that respond specifically to the human rights risks related to the private security industry.

“For a more-in-depth discussion on the thematic supplement (incl. a practical example of its application in an on-going NAP process), please join the launch event on 26 November 2019”: https://www.eventbrite.co.uk/e/private-security-governance-and-national-action-plans-naps-on-business-and-human-rights-registration-81530300323

Speakers
avatar for Jean-Michel Rousseau

Jean-Michel Rousseau

Deputy Head, Business and Security Division, Geneva Centre for Security Sector Governance (DCAF)


Wednesday November 27, 2019 10:30 - 10:45
Room XXV

10:30

Regional dialogue: lessons learned, challenges, innovation - Western European and Others Group (WEOG) - Part 1 (Trade)
Session organized by the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Part 1 of the WEOG dialogue convened by the Working Group on Business and Human Rights will address the role of trade policy and trade promotion tools to enforce and drive responsible business conduct and human rights due diligence. It will involve speakers from government agencies and regional organizations to share experiences of integrating the UN Guiding Principles on Business and Human Rights in a trade policy context, discuss lessons learned and engage participating stakeholders in a dialogue on how to use the area of trade as a lever to promote corporate respect for human rights.

The discussion builds on a Working Group report on “economic diplomacy” (A/HRC/38/48) that explored implications of Guiding Principle 4, which sets forth the expectation that States should take additional steps to protect against human rights abuses by business enterprises that receive substantial support and services from State agencies including, where appropriate, by requiring human rights due diligence. The report examined how States can use their leverage with respect to trade and investment promotion and the export/import process to also promote greater corporate respect for human rights.


Moderators
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights

Speakers
avatar for Anne-Elisabeth Piché

Anne-Elisabeth Piché

Senior Advisor, Environmental and Social Risk Management, Export Development Canada
avatar for Johanna Kristina Wohlgemuth

Johanna Kristina Wohlgemuth

External Environmental and Social Advisor for Investment Guarantees, Ministry of Economic Affairs and Energy, Germany
avatar for Evelyne Pichot

Evelyne Pichot

Team leader ILO relations, European Commission, DG Employment, Social Affairs and Inclusion
Evelyne Pichot works at the European Commission's Directorate General for Employment, Social affairs and Inclusion. In her current role, Mrs Pichot leads the team in charge of the EU relations with the International Labour Organisation (ILO) and sectoral policies in the international... Read More →


Wednesday November 27, 2019 10:30 - 11:30
Room XXI

10:30

Africa led regional dialogue on the role of States as catalyst to prevent human rights violations by business
Interpretation provided in English and French

Session organized by the African Coalition for Corporate Accountability (ACCA)

Webcast of the session:
Meeting link
Meeting number: 846 511 945
Password: nSk4CUJH

Introduction
The African regional dialogue to be held during the 8th session of 2019 Forum on BHR will focus on the need for more coherent and concrete action by States, including effective regulation, improved policy coherence, and leading by example in the various roles that States have as economic actors.

The first pillar of the UN Guiding Principles on Business and Human Rights (UNGPs) – the State duty to protect against business-related human rights abuse – emphasises that governments have the primary responsibility when it comes to safeguarding people from adverse impacts arising in the context of business activities and to fostering responsible business practice.

Experiences also demonstrate that collaboration between States and civil society can produce positive outcomes. Such initiatives should be promoted and supported. Regional organisations as well as civil society coalitions such as the African Coalition for Corporate Accountability (ACCA) have a key role to support and promote such efforts..

This session focused on Africa will be led by representatives from civil society organizations (CSOs) in West, Southern, East and Central Africa. They will present trends from across the region, including challenges and new research and initiatives.

It aims to provide a platform for CSOs to share perspectives from across the region with a view to identify ways forward for State action to promote responsible business that respects human rights. The discussion will feed into the following session led by the UN Working Group on Business and Human Rights, which will include representatives from government and regional level as well as other stakeholders.


Objectives
The main objective of the Africa focused CSO-led discussion is to produce concrete action points on how to achieve progress in collaboration with governments, while noting that:
  • As part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such violations occur within their territory and/or jurisdiction those affected have access to effective remedies.
  • On the regional level, human rights advancement can benefit from unified approaches to common issues across borders and coordinated strategies developed in cooperation with corporations operating in multiple countries. The existence of such regional approaches can expedite effectiveness and efficiency through information access, monitoring and common understanding of challenges and solutions.
  • As a regional coalition, ACCA should focus its efforts on building the capacity of local civil society organizations to hold governments accountable for properly managing and regulating corporate actors and to engage corporate actors to ensure respect for human rights.
The session will involve concrete trends and examples of key business-related human rights concerns in East Africa, West Africa, Central Africa, and Southern Africa. Speakers will also share lessons from national and regional initiatives to address business-related human rights challenges.

Participants
While the session is led by civil society organizations, the aim is to facilitate multi-stakeholder dialogue and representatives from national human rights institutions, business, governments, UN, and international organizations are encouraged to participate.
Presenters and format

The panel will consist of five members, from various CSOs in different sub-regions: . Mr Paul Mikongoti (East Africa), Dr Michel Yoboue (West Africa), Advocate Delphine Djirabei (Central Africa). Mr. Guillain Koko will be representing the African Coalition for Corporate Accountability, (ACCA).

The panel will be followed by dialogue with other participants.


Speakers
avatar for Genny Ngende

Genny Ngende

Project Coordinator, ACCA, University of Pretoria
Genny Ngende is a human rights lawyer, with particular experience and expertise in business and human rights. She is the project coordinator of the African Coalition for Corporate Accountability (ACCA). She holds a Bachelor of Arts degree in International Relations as well as an LLB... Read More →
avatar for Guillain Koko

Guillain Koko

Project coordinator, ACCA, Centre for Human Rights, University of Pretoria
Guillain Koko is a Social Justice activist and Human rights Lawyer, with particular experience/expertise in Business and Human Rights.He is the project coordinator of the African Coalition for Corporate Accountability (ACCA). He holds a Law Degree (LLB) in Public Law, from the Catholic... Read More →
avatar for Paul Mikongoti

Paul Mikongoti

Senior Program Officer, Corporate Accountability and Environmental Justice, Legal and Human Rights Centre
I am a human rights practitioner, working with the leading human rights NGO in Tanzania, the Legal and Human Rights Centre. I have specialized in human rights research and documentation. I have co-authored two major human rights report in Tanzania; the Tanzania Human Rights Report... Read More →
avatar for Koffi K. Michel Yoboue

Koffi K. Michel Yoboue

Co-Chair, African Coalition For Corporate Accountability
DD

Delphine Djirabei

member of the Steering Committee of the African Coalition for Corporate Accountability, (ACCA), Centre for Human Rights


Wednesday November 27, 2019 10:30 - 11:40
Room XXII

10:30

Regional dialogue: lessons learned, challenges, innovation - Asia. Part I. Progress on State action: National Action Plans and beyond
Session organized by the UN Working Group on Business and Human Rights and UNDP Business and Human Rights in Asia Programme

Background
In Asia, governments are increasingly embarking on efforts to implement the UN Guiding Principles on Business and Human Rights (UNGPs). In the last year alone, countries such as Bangladesh, India, Nepal, and Pakistan are following in the footsteps of Thailand, Indonesia and Malaysia, and developing National Action Plans (NAPs) or other policy frameworks on business and human rights, involving multi-stakeholders consultations. The Thai government approved its NAP in in October 2019, while South Korea included in 2018 a chapter on business and human rights in its National Action Plan on Human Rights. In early 2019, India released a zero draft of its NAP. Japan aims to adopt a NAP by June 2020.

While drafting of NAPs remains a key signal of commitment to implement the UNGPs, evidence exists to show that the discussion around responsible business conduct has progressed beyond governments agreeing to draft action plans. With growing awareness about the human rights responsibility of business enterprises, there has been an increasing scrutiny of the impact of inbound and outbound investments on human rights of individuals and communities by national human rights institutions (NHRIs), civil society organisations (CSOs), human rights defenders, trade unions, scholars and the media. The adverse impacts on the rights of specific groups such as children, women, migrant workers and indigenous peoples have also attracted attention.

Against this background, this two-part session will provide an opportunity to assess the progress made, challenges faced, and further opportunities available in the implementation of the UNGPs in Asia. By brining together government officials, NHRIs, CSOs and companies from countries across Asia, this interactive session will also facilitate peer learning and reinforce a race to the top in Asia. Efforts will be made to provide adequate space for questions and comments from the floor.

Progress on State action: National Action Plans and beyond
In Asia, six stand-alone NAPs on business and human rights are being drafted (or have been drafted) as a consequence of a formal policy commitment at the governmental level. In six countries – India, Indonesia, Japan, Malaysia, Pakistan and Thailand – processes have been generally aligned with the core criteria recommended by the UN Working Group, though they differ in their modalities and priorities chosen. Some countries like Nepal are starting – similar to South Korea – by inserting a chapter on business and human rights in their generic human rights action plan.

This part of the session will provide an opportunity to discuss the diverse pathways being followed by countries in Asia to promote responsible business conduct. It will also showcase other initiatives taken by certain countries to complement NAP processes. Examples include a memorandum of understanding (MoU) signed between the Securities and Exchange Commission of Thailand and the National Human Rights Commission of Thailand to support stock-listed corporations in meeting their responsibilities under the UNGPs; a MoU singed between NHRIs of Nepal and Qatar regarding migrant workers; the National Guidelines on Responsible Business Conduct adopted by India; and the innovative solutions adopted by Indonesia to translate national commitments at the local level.

Moderators
avatar for Livio Sarandrea

Livio Sarandrea

Business and Human Rights Adviser, UNDP
Livio Sarandrea, is the Chief Adviser and Manager of UNDP’s project: “Business and Human Rights in Asia promoting Responsible Business practices through regional partnerships (B+HR Asia)”. A Human Rights lawyer with 20 years of field experience in Southeast Europe, Africa and... Read More →

Speakers
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
avatar for Kamran Rajar

Kamran Rajar

Joint Secretary, Ministry of Human Rights, Pakistan
Malik Kamran Azam Khan Rajar is the Joint Secretary at the Ministry of Human Rights, Government of Pakistan. He is the driving force behind the business and human rights initiative in Pakistan and has extensively worked on a wide range of human rights issues, forming innovative ways... Read More →
avatar for Ruenvadee Suwanmongkol

Ruenvadee Suwanmongkol

Secretary General, Securities and Exchange Commission, Thailand
Ms. Ruenvadee Suwanmongkol has been the Secretary-General of the Securities and Exchange Commission (SEC), Thailand since May, 2019. Prior to joining the SEC, Ms. Suwanmongkol worked at the Ministry of Justice for 15 years in various positions, i.e., Director-General of the Legal... Read More →
avatar for Prabianto Mukti Wibowo

Prabianto Mukti Wibowo

Assistant Deputy Minister for Forestry, Coordinating Ministry for Economic Affairs, Indonesia
Mr. Prabianto Mukti Wibowo is currently working at the Coordinating Ministry for Economic Affairs of the Republic of Indonesia as Assistant Deputy Minister for Forests Governance. He is responsible for providing expert support for policy-making in particular economic analysis relating... Read More →
avatar for Koshal Chandra Subedi

Koshal Chandra Subedi

Joint Secretary, Office of the Prime Minister and Council of Ministers, Nepal
Mr. Koshal Chandra Subedi is working in the Government of Nepal at the Office of the Prime Minister and Council of Ministers as Joint Secretary. He heads Human Rights Division and his main responsibilities are to prepare national reports submitted in the treaty bodies, Universal Periodic... Read More →
avatar for Shinji MINAMI

Shinji MINAMI

Director, Human Rights and Humanitarian Affairs Division, Foreign Policy Bureau, Ministry of Foreign Affairs of Japan
Mr. Shinji Minami is Director of the Human Rights and Humanitarian Affairs Division, Foreign Policy Bureau, the Ministry of Foreign Affairs of Japan. Since joining the Ministry of Foreign Affairs in 1996, he has also served as Director of the South America Division, Latin American... Read More →


Wednesday November 27, 2019 10:30 - 11:40
Room XIX

10:30

Regional dialogue: lessons learned, challenges, innovation - Eastern Europe
Interpretation provided in English and Russian

Session organized by the UN Working Group on Business and Human Rights in collaboration with the Polish Institute for Human Rights and Business (PIHRB)

Webcast of the session:
Meeting link
Meeting number: 840 368 810
Password: 7KAXPwtJ

This session will be chaired by Elżbieta Karska, chairperson of the UN Working Group on Business and Human Rights.

Brief Description:
This Forum session is part of the Forum track on trends and challenges in promoting business respect for human rights in the context of each region of the world. Building on the sessions on government action on the Forum’s first day, the region focused discussions aim to take a closer look at how to overcome key business-related human rights challenges faced in Eastern European countries and lessons learned from emerging government, business and civil society initiatives.

Objectives of the session: 
The session will address initiatives to implement the UN Guiding Principles (UNGPs) and will explore challenges and lessons learned on how States and businesses are discharging their respective duties and responsibilities across the three pillars of the “Protect, Respect and Remedy” Framework of the UNGPs. This include initiatives taken by the State to protect against business-related human rights abuses, particularly in its role as an economic actor. Discussions will also address how businesses identify, prevent, mitigate and account for the negative human rights impacts they may cause, including through lessons learned from human rights due diligence across large supply chains. The session will also address the role of investors in taking meaningful action to use their leverage to encourage companies and governments to respect and protect human rights in line with the UNGPs. Access to an effective remedy, especially for individual and groups at heightened risk of abuses, including human rights defenders, women and girls, workers in low-wage sectors and migrant workers will also be discussed. Drawing from the experience of those countries in the region that have developed a national action plan on business and human rights and of those in the process of developing one, the session will also provide opportunity platform to discuss lessons learned and innovations from these initiatives, as well as from inter-State cooperation and peer-learning efforts.

Format of the session:
The proposed session will be done in a talk show format with the participants having the opportunity to raise questions amongst each other as in a public dialogue. The session will be chaired by Ms Elżbieta Karska, Chair of the UN Working Group.
Representatives from different stakeholders will kick start the conversation by delivering brief presentations about the various emerging and ongoing activities to implement the UNGPs in different countries of the region. Presentations will be followed by Q&A.

Tentative agenda
The session will be opened by short introductory remarks by Ms. Elżbieta Karska, Chair of the UN Working Group and organized in three panel discussions, which will include brief presentations by panellists followed by Q&A segments. All panel discussions will focus on concrete examples, challenges, innovations and lessons learned regarding the implementation of the UNGPs in the region.

Composition of the panels: 

1. Perspectives from the civil society and academia: (40 minutes)
  • Ms Beata Faracik, Co-Founder & President of the Board of the Polish Institute for Human Rights and Business (Poland)
  • Ms Ani Khachatryan, Seize Armenian Environmental Front (Armenia)
  • Moderator: Mr. Jernej Černič, Associate Professor of Constitutional and Human Rights Law, New University, Ljubljana, Slovenia

2. Perspectives from the governments: (40 minutes)
  • Ms. Urška Čas, Directorate for Multilateral Relations, Development Cooperation and International Law, Slovenia
  • Second government representative TBC
  • Moderator: Ms  Olena Uvarova, PhD, Head of the International Lab on Business and Human Rights Yaroslav Mudryi National Law University, Ukraine

3. Perspectives from business: (40 minutes)
  • Ms. Tatyana Derivedmid, Sakhalin Energy, Russia
  • Ms. Anna Miazga, Sustainability Expert, LPP S.A., Poland
  • Moderator: Ms Lucie Mádlová Founder and Executive Director of the Association of Social Responsibility and Chairwoman of Steering Committee of the Global Compact Network (Czech Republic)

Moderators
avatar for Jernej Letnar Černič

Jernej Letnar Černič

Associate Professor of Constitutional and Human Rights Law, New University, Ljubljana, Slovenia
Jernej Letnar Černič is Associate Professor of Human Rights Law at the Graduate School of Government and European Studies, Senior Research Associate at gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) and Senior Research Fellow at the University Institute... Read More →
avatar for Lucie Mádlová

Lucie Mádlová

Founder and Executive Director of the Association of Social Responsibility and Goodwill Ambassador for Czech Republic, Association of Social Responsibility
Lucie Mádlová is the Founder and Executive Director of the Association of Social Responsibility, the biggest association for corporate social responsibility (CSR) and UN Sustainable Development Goals (SDGs) in Czechia. She is a professional in the field of CSR and corporate sustainability... Read More →
avatar for Olena Uvarova

Olena Uvarova

Head of the International Lab on Business and Human Rights, Yaroslav Mudryi National Law University, Ukraine
Ph.D in Law, lecturer in the Theory of Law Department, Head of the International Lab on business and human rights in the National Law University of Yaroslav Mudriy, member of the editorial board of the journal “Philosophy of Law and General Theory of Law” (EBSCO Publishing).In... Read More →

Speakers
avatar for Victor Dolidze

Victor Dolidze

Ambassador, Permanent Representative of Georgia Georgia to the UNOG and other international organizations in Geneva
Mr. Dolidze is Georgia’s Permanent Representative to the United Nations Office and other international organizations in Geneva. The Permanent Mission of Georgia is dynamically involved in the Human Rights Council and actively cooperates with the Office of the High Commissioner for... Read More →
avatar for Beata Faracik

Beata Faracik

Co-Founder & President of the Board, Polish Institute for Human Rights and Business
Co-founder and President of the Board of the Polish Institute for Human Rights and Business. Professional with extensive experience in providing legal and policy advice and consultancy services in BHR and CSR/RBS to business, public bodies and NGOs, conducting research and analysis... Read More →
avatar for Elżbieta Karska

Elżbieta Karska

Chairperson, UN Working Group on Business and Human Rights
avatar for Ani Khachatryan

Ani Khachatryan

Representative, Armenian Environmental Front
Ani Khachatryan is a human rights defender who has fought many environmental fights for protecting the environment, and to defend the right of communities and individuals to participate in environmental decision making processes, including in the context of mining projects.
avatar for Tatyana Derivedmi

Tatyana Derivedmi

Head of Social Performance subdivision, Sakhalin Energy, Russia
avatar for Anna Miazga

Anna Miazga

Sustainability Expert, LPP S.A. (Poland)
Anna Miazga is responsible for the implementation of the Strategy for Sustainable Development of LPP, the largest Polish clothing brand. She initiates and coordinates projects related to the environmental and social impact of the fashion industry. Her particular attention is paid... Read More →
avatar for Urška Čas

Urška Čas

Adviser to the Director-General for Multilateral Relations, Development Cooperation and International Law, Ministry of Foreign Affairs of Slovenia
A career diplomat, Ms Čas has worked extensively on human rights issues from the perspective of state responsibility. Among other, she negotiated a number of human rights instruments and advocated for their implementation. She also served as Slovenia's representative in the Human... Read More →


Wednesday November 27, 2019 10:30 - 12:30
Room XXIV

10:30

Regional dialogue: lessons learned, challenges, innovation - Latin America and the Caribbean
Interpretation provided in English and Spanish


Brief description of the session: 

This Forum session is part of the Forum track on trends and challenges in promoting business respect for human rights in the context of each region of the world. Building on the sessions on government action on the Forum’s first day and the 4th Regional Consultation in Latin American and Caribbean (LAC) (3-4 September, Santiago de Chile), the region focused discussions aim to take a closer look at how to overcome key business-related human rights challenges faced in LAC countries and lessons learned from emerging governments, business and civil society action.
In the framework of this year’s Forum theme, “Time to act: Governments as catalysts for business respect for human rights”, the LAC session will address challenges and emerging practices [JEG1] for fostering wider and more coherent actions and initiatives to promote business respect for human rights. The session will also feature the new Responsible Business Conduct in LAC (RBC LAC) project; providing an update on the activities and hearing the views/suggestions from different concerned stakeholders with respect to activities and priorities.

Objectives of the session: 
  • Facilitate multi-stakeholder dialogue around lessons learned and the way forward, including on how to scale up wider and more coherent actions, to promote business respect for human rights
  • Strengthen a race to the top among governments and business in the region
  • Exchange views and suggestions with regard to the activities/priorities envisioned  under the RBC LAC project
The session is chaired by the member of the UN Working Group, Dante Pesce

Agenda
A. 10: 30-11:10- RBC LAC Project

Presentation of LAC project: OHCHR, OECD and ILO

B. 11:10- 11.50: Stakeholder reflections: Are we making progress?
Kick-off remarks on the progress in the region: Elin Wrzoncki, Danish Institute on Business and Human Rights, and Mauricio Lazala, Business and Human Rights Resource Centre - ( 7 min)
 
  • Academic sector perspective 
  • Indigenous representatives 
  • Civil society perspective 
  • Business 

C. 11:50-12:30:  Government panel
This part of the session will provide a space for Government representatives to discuss the diverse pathways being followed by countries in Latin America and the Caribbean to promote responsible business conduct. This roundtable involving governments from different countries of the region will offer an opportunity to hear the perspectives of Government representatives on the way forward to step up Government leadership for action on business and human rights, sharing experiences from [JEG2] practice, challenges and existing and potential opportunities.

D. 12.30-13: 00 : Interactive dialogue. Looking forward, how to make progress in collaboration and can a shared vision of challenges and action be identified?




Moderators
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights
avatar for Humberto Cantu Rivera

Humberto Cantu Rivera

Director Ejecutivo, Instituto de Derechos Humanos y Empresas - Universidad de Monterrey
Director Ejecutivo del Instituto de Derechos Humanos y Empresas de la Universidad de Monterrey, y Profesor titular de su Escuela de Derecho y Ciencias Sociales. Director de la Rama latinoamericana de la Global Business and Human Rights Scholars Association.

Speakers
SL

Susana Lopez

Pueblo Indígena Maya-Mam, Guatemala
Susana López es mujer indígena Maya-Mam, defensora de los derechos humanos y de la Madre Tierra desde muy joven. Tiene una licenciatura en informática y administración de recursos humanos. Acompaña mujeres y jóvenes en la defensa del territorio y los bienes naturales. Actualmente... Read More →
avatar for Gabriela Almeida

Gabriela Almeida

Human Rights Adviser, Global Compact Network Brazil
avatar for Alexia Ghyoot

Alexia Ghyoot

Human Rights Officer, RBC LAC project, Sustainable Human Development Section, Special Procedure Branch, OHCHR
AV

Annie Van Klaveren

Specialist, Multinational Enterprises Multinational Enterprises Unit Enterprises Department, International Labour Organization (ILO)
LR

Luis Rodriguez - Pinero

Human Rights Officer, Business and Human Rights Team, OHCHR
avatar for Froukje Boele

Froukje Boele

Manager Latin America and the Caribbean, OECD Centre for Responsible Business Conduct
Froukje Boele is Manager on Responsible Business Conduct for Latin America and the Caribbean at the Organisation for Economic Co-operation and Development (OECD). In this capacity she works with governments, business and civil society to implement the OECD Guidelines for Multinational... Read More →
avatar for Daniela Camargo

Daniela Camargo

Focal Point. Human Rights and Anticorruption Coordinator, Global Compact Network Colombia
Gender, Peace building, Due Diligence and SDGs.
PH

Peter Hall

Adviser, Business & Human Rights/Responsible Business Conduct, International Organization of Employers
avatar for Andres Hernandez

Andres Hernandez

Gerente de Proyectos Internacionales, Vincular
Public policies on B&HRThe economic role of state and HR: state owned enterprises, public purchasing and economic diplomacyThe business case for B&HR for both, the state and private enterprises
avatar for Julia Cuadros

Julia Cuadros

Miembro del Consejo Directivo, Cooperaccion
Especialista en Planeamiento Estratégico y Operativo, Desarrollo Institucional, Monitoreo, Seguimiento y Evaluación de programas y proyectos orientados a resultados, con enfoque de equidad de género, derechos e interculturalidad en el ciclo del Proyecto y en la definición de Programas... Read More →
avatar for José Aylwin

José Aylwin

Coordinador del Programa Globalización y Derechos Humanos, Observatorio Ciudadano
José Aylwin. Es abogado, Magister en derechos en Universidad de British Columbia, Canadá. Fue Director del Instituto de Estudios Indígenas de la Universidad de la Frontera, Temuco, Chile, entre 1994 y 1997. Fundador y co Director del Observatorio de Derechos de los Pueblos Indígenas... Read More →
ML

Mauricio Lazala

Deputy Director, Business & Human Rights Resource Centre
EW

Elin Wronzcki

Chief Adviser, Human Rights and Business, Danish Institute for Human Rights
avatar for Gloria Simpson

Gloria Simpson

Comités de Cuenca Río Sonora - Mexico
Representative of the seven communities that conforms the Rio Sonora Basin Committes (Comités de Cuenca Río Sonora, in spanish) affected by the toxic spill of the Buenavista del Cobre mine (owned by Grupo Mexico) in 2014. Woman, mother and human rights defender
SQ

Sergio Queiroz

Secretary for Global Protection, Brazil Family, Women and Human Rights Ministry
AM

Adriana Mejia

Deputy Minister for Multilateral Relations, Ministry of External Relations of Colombia,
avatar for Frank Tressler

Frank Tressler

Ambassador Extraordinary and Plenipotentiary Permanent Representative, Ministry of Foreign Affairs of Chile
A Chilean carreer diplomat, appointed Ambassador of Chile to the United Nations in Geneva in October 2019. Former Director for Protocol for President Sebastian Piñera (2018-2019), and Director for the Directorate for International Security of the Ministry of Foreign Affairs of Chile... Read More →
CA

Claudio Avruj

National Human Rights Secretary, Argentina
JL

Jorge Luis Borrayo Reyes

Presidente, Comisión Presidencial Coordinadora de la Política del Ejecutivo en Materia de Derechos Humanos (COPREDEH), Gobierno de Guatemala



Wednesday November 27, 2019 10:30 - 13:00
Room XX

10:45

Snapshot - Business and Truth: respecting human rights in transitional justice contexts
Snapshot presented by Fundación Ideas para la Paz (FIP)

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Background
The question is still unsolved of how the UN Guiding Principles should apply in transitional justice contexts. That is, what are the practical implications for businesses regarding their duty to respect and remedy concerning the rights to truth, justice, reparation, and guarantees of non-repetition? Although historical examples are feeding into Colombia’s current transitional justice system that resulted from the Peace Accord signed in 2016, the challenges faced by transitional justice mechanisms to achieve a meaningful participation of businesses are significant.
This snapshot will provide key insights on the participation of businesses in Colombia’s Commission for the Clarification of Truth, Coexistence, and Non-Repetition (the “Commission”) based on unprecedented ground research conducted by the Fundación Ideas para la Paz – FIP. The Commission, which has a three-year term since November 2018, has the mandate to address responsibilities of non-combatants and, in turn, recognize the differentiated consequences that armed conflict has had on society, including businesses.

Objectives
The snapshot presentation will address practical dilemmas associated to business participation in Colombia’s Truth Commission seen from a human rights perspective. In particular, it will cover:
  • Commission’s essentials: what is the challenge? - An integrative truth in the midst of voluntary participation.
  • Business standpoint – questions and expectations: ¿is the victim or perpetrator dichotomy applicable? How to manage the fear towards legal and reputational risks?
  • Truth as a measure of remedy for society: where to find the truth in a protracted armed conflict.
  • Opportunities for moving forward: trust vs time. Current efforts by the Commission to engage with business actors.

Key background information

Speakers
avatar for Nataly Sarmiento-Eljadue

Nataly Sarmiento-Eljadue

Director of Business and Human Rights, Fundación Ideas para la Paz – FIP
Politóloga de la Universidad de los Andes, con Magíster (M.A.) en Ciencia Política de la misma Universidad y Magíster (MSc) en Estudios de Seguridad de University College London (Reino Unido). Fue asesora de la Alta Consejería para el Posconflicto, donde lideró la formulación... Read More →


Wednesday November 27, 2019 10:45 - 11:00
Room XXV

11:00

Snapshot - Solidarity or Obligation? The role and potential of symbolic reparations as a tool for non-judicial non-state remedy mechanism
Snapshot presented by the Centro Regional de Emprendimientos y Empresas Responsables (CREER) and the Institute for Business Ethics - University of St Gallen. Project supported by the Swiss Network for International Studies (SNIS) and the Leading House for the Latin American Region.

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Egregious kinds of human rights violations leave emotional and moral scars, which can never be fully repaired. Material reparations, (e.g.: compensation, restitution and rehabilitation) as well as judicial sentences often fall short to address such intangible dimension of harm. Symbolic reparations, (e.g.: apologies, memorialization, collective memory initiatives), instead, are specifically designed to address it. Yet, there are very few things we know about the relationship between symbolic reparations and the private sector.

The UN Guiding Principles on Business and Human Rights, casually mentions ‘apologies’ as one possible form of corporate remedy. Recently, the UN Working group has also acknowledged apologies as part of a potential bouquet of remedies to be offered to victims. Yet, no further guidance is provided on apologies nor any other form of Symbolic Reparations, and there are very few things we know about the engagement of the private sector with symbolic reparations.

This snapshot will be based on the field research carried out in Colombia by the Centro Regional de Emprendimientos y Empresas Responsables (CREER) and the Institute for Business Ethics at the University of St Gallen, consisting of the analysis of three case studies in which corporations, on different degrees and formulas, participated in symbolic reparations. The snapshot will share the barriers and benefits encountered by victims and corporations in engaging in these kinds of reparations as well as the organizational dynamics that led to such initiatives. Further information about the project and a complete report (English/Spanish) can be found here. This research project is kindly supported by the Leading House for the Latin American Region and the Swiss Network for International Studies (SNIS).

Speakers
avatar for Jordi Vives

Jordi Vives

Senior Research Fellow, Institute for Business Ethics - University of St. Gallen
Jordi is PhD in International Management by the University of St Gallen. He holds a Bachelor and a Master in Business Administration by ESADE Business School and a Msc in Research in Political Science by Pompeu Fabra University. He has been visiting PhD at the Legal Studies and Business... Read More →


Wednesday November 27, 2019 11:00 - 11:15
Room XXV

11:00

The Use of Private Military and Security Companies in Migrant Detention Centres
Session organized by the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (Working Group on the use of mercenaries)

Short description of the session
This session examines the use of private military and security companies in migrant detention centres. In recent years, the privatization of migrant detention centres has developed in a number of countries in various forms and degrees. States are increasingly delegating various tasks to private security companies. These tasks range from security management to overall management of the detention centres, including escorting of deported migrants. In some countries, the majority of migration detention centres are not just run by private security companies, but also accompanied by other multinational and domestic private contractors in various services (health, food, administration). The profit generated by the privatization of migrant detention centres points to a growing phenomena.

Session objectives
This session seeks to:
  • Consider the risks associated with a reliance on for-profit contractors in the realm of migration detention; and
  • Highlight allegations of human rights abuses and violations in specific case studies.

Background to the discussion
This session builds on the 2017 report of the Working Group on the use of mercenaries regarding the use of PMSCs in privatized prisons and immigration-related detention facilities (A/72/286).

Moderators
avatar for Lilian Bobea

Lilian Bobea

member, Working Group on the use of mercenaries
Ms. Lilian Bobea (Dominican Republic) is an Assistant Professor at the Department of Behavioral Science and Criminal   Justice, at Fitchburg State University in Massachusetts. She is also the Chairperson for the  Latin American Studies Association‘s section and Track on Defense... Read More →

Speakers
AA

Abdul Aziz Muhamat

Abdul Aziz Muhamat is a human rights advocate committed to advancing the rights of asylum seekers and migrants around the world. Born in Darfur, Sudan, his high school human rights activism attracted harassment and eventually death threats. He fled Sudan in 2013 through Indonesia... Read More →
avatar for Brynn O’Brien

Brynn O’Brien

Executive Director, Australasian Centre for Corporate Responsibility
Brynn O’Brien is the Executive Director of the Australasian Centre for Corporate Responsibility (ACCR). ACCR promotes better performance of Australian listed companies on ESG issues. As an 'activist shareholder' organisation, ACCR engages with companies and their investors on these... Read More →
avatar for Alejandra Ortiz Diaz

Alejandra Ortiz Diaz

lawyer
Ms. Alejandra Ortiz Díaz is a Mexican lawyer currently enrolled in the LLM Program in International Human Rights at Northwestern Pritzker School of Law. Before she entered the program, she worked at Ciudadanos en Apoyo a los Derechos Humanos, A.C. (CADHAC), an NGO that provides legal... Read More →
avatar for Bridget Arimond

Bridget Arimond

Clinical Professor of Law, Director, LLM Program in International Human Rights at the Center for International Human Rights of Northwestern University’s Northwestern Pritzker School of Law
Bridget Arimond is a Clinical Professor of Law and the Director of the LLM Program in International Human Rights at the Center for International Human Rights of Northwestern University’s Northwestern Pritzker School of Law. In addition to her teaching, she engages in human rights... Read More →
avatar for Jelena Aparac

Jelena Aparac

Member, Working Group on the use of mercenaries
Ms. Jelena Aparac (Croatia) holds a PhD in international public law. Her dissertation focused on “International criminal liability of corporations for international crimes committed in non-international armed conflicts”. She also holds an LLM from the Geneva Academy of International... Read More →
avatar for Michael Flynn

Michael Flynn

Executive Director, Global Detention Project
Michael Flynn is the Executive Director of the Global Detention Project in Geneva, Switzerland. He is coauthor (with Izabella Majcher and Mariette Grange) of Immigration Detention in the European Union: In the Shadow of the “Crisis” (Springer, forthcoming 2020); and coeditor (with... Read More →
avatar for Nessma Bashi

Nessma Bashi

Independent Legal Advocate
Nessma Bashi provides alternative legal services to refugees and asylum-seekers residing in Greece, particularly to individuals who fall outside the scope of humanitarian organisations. She was a Visiting Professional at the International Criminal Court, and held posts with the United... Read More →


Wednesday November 27, 2019 11:00 - 13:00
Room XXIII

11:15

Snapshot - Multi-stakeholder project experience focusing on corporate action where states are absent/failing in fragile contexts
Snapshot presented by the Global Compact Network UK

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description
The Effective Approaches to Ending the Worst Forms of Child Labour in Fragile Contexts (EAPEC) programme will be implemented by a a Consortium comprised of two NGOs (War Child and World Vision), media organisation (Thomson Reuters Foundation), research partner (Columbia University) and niche organisations addressing child labour in supply chains in conjunction with the private sector (UN Global Compact Network UK and FiftyEight).

The EAPEC programme, which is funded through the UK Department for International Development (DfID) will bring change for girls and boys to enjoy their rights to be protected from the worst forms of child labour (WFCL) in Central African Republic, Democratic Republic of Congo and Ethiopia.

The programme will test and measure innovative approaches to understand what works in reducing WFCL. It will address WFCL through tackling the supply and demand issues (which result in child labour) with a holistic intervention focusing on four main components:
1) Increasing children’s agency
2) Facilitating access to appropriate alternatives to WFCL
3) Strengthening legal and policy environment
4) Improving supply chain due diligence and duty of care from the bottom up

Speakers
avatar for Marcella Mizzi

Marcella Mizzi

Programme Manager - Business & Human Rights, UNGC Network UK
avatar for Benafsha Charlick-Delgado

Benafsha Charlick-Delgado

Senior Programme Manager - Business & Human Rights, UN Global Compact Network UK
Working on business and human rights, private sector engagement, supply chain sustainability, modern slavery, corporate responsibility, child labour, sustainable development and social performance.


Wednesday November 27, 2019 11:15 - 11:30
Room XXV

11:30

Snapshot - Caste in the Global Supply Chain
Session presented by the International Dalit Solidarity Network (IDSN)

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description

Caste discrimination is a root cause of slavery, child labour and the exploitation of workers in South Asia. It is largely hidden, and often poorly understood by global companies. A culture of silence around addressing caste discrimination in businesses and governments throughout South Asia has meant that the problem is escalating. We must break that silence today. Governments must lead the charge to address caste discrimination in the industries based in their country. As the UN Guiding principles on business and human rights highlight, it is the duty of states to protect the human rights of their citizens and the workers in the businesses under their jurisdiction. Addressing this type of discrimination industry by industry may lead to a piecemeal approach that leaves some sectors behind. Being explicit and addressing caste directly within companies and their supply chains is the only way forward.

Governments must set strict standards against caste-based discrimination in business and ensure that these standards are enforced. Governments must involve CSOs and lowest caste workers in designing, implementing and reviewing initiatives and policies aimed at protecting, respecting and remedying this type of discrimination. IDSN has been working with Governments in South Asia since their organization’s inception to push for the recognition of caste-based discrimination and defend the rights of Dalit workers. To help companies and governments understand and act on one of the key root causes making workers vulnerable to human rights violations in South Asia, the Ethical Trading Initiative has launched the new guidance “Caste in the Global Supply Chain” offering four key steps to address caste in your business.

Speakers
avatar for Meena Varma

Meena Varma

Executive Director, International Dalit Solidarity Network (IDSN)
Executive Director International Dalit Solidarity Network (IDSN); Director Dalit Solidarity Network UK (DSN-UK) Meena was the Chair of the Board of the International Dalit Solidarity Network until 2017. She has been the Executive Director of IDSN since then and provides overall leadership... Read More →


Wednesday November 27, 2019 11:30 - 11:45
Room XXV

11:30

Regional dialogue: lessons learned, challenges, innovation - WEOG - Part 2 (Home States and responsible investment in post-conflict)
Session organized by the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Part 2 of the WEOG-dialogue will focus on the role of home States in promoting responsible investment and responsible business in post-conflict and reconstruction contexts, as well as considerations for fragile situations more generally.

The discussions will help inform a project by the UN Working Group on business and human rights in conflict and post-conflict areas. For details about that project, see: https://www.ohchr.org/EN/Issues/Business/Pages/ConflictPostConflict.aspx.

A key question for the dialogue: how to ensure that investments contribute to peacebuilding and to development in post-conflict and reconstruction contexts, and what is the role of home States (while noting the duty of host States to protect human rights within their territories)?

While policy options for both home and host States to promote corporate respect for human rights in conflict-affected areas were explored in a companion report to the Guiding Principles (UN Document A/HRC/17/32), such options for the immediate aftermath of conflict, i.e. in a post-conflict and fragile setting –– need further examination in order to identify the adequate interventions for States, business, investors and the international community.

Taking a broad view on the interplay between investment, business activities and post-conflict dynamics, the dialogue will seek to explore the role of home and host States in relation to several aspects, including:
  • How to foster business conduct and investments that contribute to sustainable development and stability?
  • What tools do States have to incentivize and guide companies and investors with regard to steering clear of business relationships with actors potentially linked to the worst human rights abuses?
  • How to support civil society’s role in promoting accountability and development of effective governance structures?
  • Looking at external and global system dynamics, what is expected of governments when acting as members of multilateral institutions, such as international financial institutions, to ensure policy coherence and help underpin business conduct that respects human rights and contributes to peacebuilding?

The session is part of a thematic track at the Forum that seeks to inform the UN Working Group on business and human rights in conflict and post-conflict areas. Other relevant sessions:


Moderators
avatar for Gerald Pachoud

Gerald Pachoud

Managing partner, Pluto & Associates
Gerald Pachoud is advising the Working Group's project on business and human rights in conflict and post-conflict contexts. Before founding Pluto in late 2015, Gerald initiated and led the program on business and human security in the Swiss Ministry of Foreign Affairs. From 2005 to... Read More →

Speakers
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights
avatar for Tyler Gillard

Tyler Gillard

Head of Sector Projects, OECD Responsible Business Conduct Unit, OECD
Tyler Gillard is the Head of Sector Projects and Senior Legal Adviser in the Responsible Business Conduct Unit of the OECD’s Investment Division. He leads the OECD’s work on due diligence in the financial, textiles, mining & metals, oil & gas and agriculture sectors. Tyler joined... Read More →
avatar for Noor Hamadeh

Noor Hamadeh

Program Head, Human Rights and Business Unit, Syrian Legal Development Programme
Noor Hamadeh is a Syrian American lawyer, holding a JD from the George Washington University Law School and the Head of the Human Rights and Business Unit at the Syrian Legal Development Programme. Prior to joining SLDP, Hamadeh completed a legal fellowship with the Public International... Read More →
avatar for John Katsos

John Katsos

Associate Professor, American University of Sharjah
Business in conflict contexts. Advancing peace through human rights promotion.
avatar for Benjamin Gatland

Benjamin Gatland

Director Social Sustainability, Heineken International
avatar for Maarten De Vuyst

Maarten De Vuyst

Private Sector Lead, Oxfam Novib
The article of Mark van Dorp with contributions of Charlotte Vollaard: https://www.somo.nl/private-sector-development-policies-and-instruments-through-a-conflict-lens/ Here you will find the new Dutch Guidelines Conflict Sensitive Private Sector Development: https://www.government.nl/documents/reports/2019/11/04/guidelines-conflict-sensitive-private-sector-development... Read More →


Wednesday November 27, 2019 11:30 - 13:00
Room XXI

11:40

Regional dialogue: lessons learned, challenges, innovation - Africa
Interpretation provided in English and French

Session organized by the Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 846 511 945
Password: nSk4CUJH

Brief Description
This Forum session is part of the Forum track on trends and challenges in promoting business respect for human rights in the context of each region of the world. Building on the sessions on government action on the Forum’s first day, the region focused discussions aim to take a closer look at how to overcome key business-related human rights challenges faced in African and lessons learned from emerging government, business and civil society initiatives.

Objectives of the session
The session will address initiatives to implement the UN Guiding Principles (UNGPs) and will explore challenges and lessons learned on how States and businesses are discharging their respective duties and responsibilities across the three pillars of the “Protect, Respect and Remedy” Framework of the UNGPs.

This includes initiatives taken by States to protect against business-related human rights abuses through regulation, efforts to include policy coherence such as through national action plan development, multi-stakeholder platforms, and in the State’s roles as an economic actor. Discussions will also address how businesses identify, prevent, mitigate and account for the negative human rights impacts they may cause. The session will also address the role of regional organizations in taking meaningful action to use their leverage to encourage companies and governments to respect and protect human rights in line with the UNGPs.

The overall aim is to facilitate multi-stakeholder dialogue on trends, challenges, lessons learned and ways forward. A key question for all stakeholders to consider: are we making progress and can a shared vision for the way ahead be developed?

Format of the session
The session is chaired by the Vice Chair of the UN Working Group, Githu Muigai
Representatives from different stakeholder groups will kick start the conversation by reflecting on challenges, emerging and ongoing activities to implement the UNGPs in different countries of the region, and ways forward.
Presentations will be followed by Q&A and open discussion.


Moderators
avatar for Githu Muigai

Githu Muigai

Vice-Chairperson, UN Working Group on Business and Human Rights

Speakers
avatar for Guillain Koko

Guillain Koko

Project coordinator, ACCA, Centre for Human Rights, University of Pretoria
Guillain Koko is a Social Justice activist and Human rights Lawyer, with particular experience/expertise in Business and Human Rights.He is the project coordinator of the African Coalition for Corporate Accountability (ACCA). He holds a Law Degree (LLB) in Public Law, from the Catholic... Read More →
MN

Maryann Njau

Senior Deputy Solicitor General, Office of the Attorney General and Department of Justice, Kenya
avatar for Ikubaje John Gbodi

Ikubaje John Gbodi

Senior Political Officer (Democracy, Governance, Human Rights and Elections), African Union Commission
Ikubaje John Gbodi. Is a British Chevening Scholar. He holds M.Sc. in Political Science from the University of Ibadan, in Nigeria and MA in Governance and Development from the Institute of Development Studies (IDS), University of Sussex, Brighton, United Kingdom. Mr. Ikubaje was the... Read More →
RA

Rose Auma Omamo

National chair and executive board member, Central Organization of Trade Unions Kenya - COTU ( K)
Rose Omamo . National Chairlady for Central Organization of Trade Unionist Kenya A Trade Unionist advocating for Workers rights and Gender champions
avatar for Mohamed Shafie Ameermia

Mohamed Shafie Ameermia

Commissioner, South African Human Rights Commission
He is an admitted Advocate of the High Court of the Republic of South Africa and currently serves as a full time Commissioner on the South African Human Rights Commission (SAHRC). In June 2017, he was conferred the Dean Robert G. Storey International Leadership Award (SWIICL- Dallas-Tx... Read More →



Wednesday November 27, 2019 11:40 - 13:00
Room XXII

11:45

Snapshot - A ‘failure to prevent’ adverse human rights impacts mechanism
Snapshot presented by the British Institute of International and Comparative Law (BIICL) and Quinn Emanuel

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description:
In March 2017, the UK Joint Committee on Human Rights released a report on business and human rights in which it proposed the introduction of a ‘failure to prevent’ mechanism for corporate human rights abuses. The Committee on Human Rights suggested that such a mechanism could be modelled along the same lines as section 7 of the UK Bribery Act 2010. One of the most significant innovations of the Bribery Act lies in the introduction of a new offence of failure on the part of a commercial organisation to prevent bribery being committed in connection with its business, as set out in section 7 of the Act. BIICL and international law firm Quinn Emanuel have conducted a research into the feasibility and options of such a ‘failure to prevent’ mechanism. The study has explored what such a mechanism could look like, whether it would be criminal or similar, and how it could interact with the concept of human rights due diligence described in the UN Guiding Principles on Business and Human Rights. The study has analysed the key legal elements of the mechanism such as the duty it would impose: a duty of prevention of human rights abuses, whether it would establish human rights due diligence as a defence and whether it would establish criminal or civil liability.

The project also consisted of a business survey to find out what business experience with the UK Bribery Act and with existing human rights regulation has been and whether or not business would support such a failure to prevent mechanism. The results show an overall support by business. For example, among other things, the survey found out that:
  • 65% of surveyed businesses think that existing law doesn’t provide business with clarity about what are corporate human rights obligations;
  • 69% think that existing law doesn’t provide business with sufficient legal certainty about which procedures are required to avoid legal risks for human rights abuses;
  • 82% think that additional regulation on corporate human rights obligations may provide benefits for business through providing legal certainty;
  • 75% think that additional regulation on corporate human rights obligations may provide benefits for business through facilitating leverage with third-party businesses (including the supply-chain); and
  • 74% think that additional regulation on corporate human rights obligations may provide benefits for business through providing legal certainty through levelling the playing field by holding competitors and suppliers to the same standards.

Speakers
avatar for Irene Pietropaoli

Irene Pietropaoli

Business and Human Rights Research Fellow, British Institute of International and Comparative Law (BIICL)
Dr Irene Pietropaoli is a Research Fellow in Business and Human Rights, and joined BIICL in October 2018. She conducts research on corporate human rights due diligence and other aspects of implementation of the UN Guiding Principles on Business and Human Rights.Prior to joining BIICL... Read More →
avatar for Peter Hood

Peter Hood

Business and Human Rights Consultant, Quinn Emanuel Urquhart & Sullivan LLP
Peter is a lawyer and business and human rights consultant. In his litigation practice, he has acted in some of the leading cases in the field - in the English High Court in cases regarding parent company liability and the supervision of operational grievance mechanisms; in the UK... Read More →


Wednesday November 27, 2019 11:45 - 12:00
Room XXV

11:45

Regional dialogue: lessons learned, challenges, innovation - Asia. Part II. Impact of inbound and outbound investment on human rights in South and Southeast Asia
Session organized by the UN Working Group on Business and Human Rights and UNDP Business and Human Rights in Asia Programme

Background
In Asia, governments are increasingly embarking on efforts to implement the UN Guiding Principles on Business and Human Rights (UNGPs). In the last year alone, countries such as Bangladesh, India, Nepal, and Pakistan are following in the footsteps of Thailand, Indonesia and Malaysia, and developing National Action Plans (NAPs) or other policy frameworks on business and human rights, involving multi-stakeholders consultations. The Thai government approved its NAP in in October 2019, while South Korea included in 2018 a chapter on business and human rights in its National Action Plan on Human Rights. In early 2019, India released a zero draft of its NAP. Japan aims to adopt a NAP by June 2020.

While drafting of NAPs remains a key signal of commitment to implement the UNGPs, evidence exists to show that the discussion around responsible business conduct has progressed beyond governments agreeing to draft action plans. With growing awareness about the human rights responsibility of business enterprises, there has been an increasing scrutiny of the impact of inbound and outbound investments on human rights of individuals and communities by national human rights institutions (NHRIs), civil society organisations (CSOs), human rights defenders, trade unions, scholars and the media. The adverse impacts on the rights of specific groups such as children, women, migrant workers and indigenous peoples have also attracted attention.

Against this background, this two-part session will provide an opportunity to assess the progress made, challenges faced, and further opportunities available in the implementation of the UNGPs in Asia. By brining together government officials, NHRIs, CSOs and companies from countries across Asia, this interactive session will also facilitate peer learning and reinforce a race to the top in Asia. Efforts will be made to provide adequate space for questions and comments from the floor.


Impact of inbound and outbound investment on human rights in South and Southeast Asia
In South and Southeast Asia, foreign direct investment (FDI) has been a critical factor in achieving high rates of economic growth and lifting rates of formal-employment as well as household incomes. However, FDI – especially in certain circumstances such as natural resource extraction, plantations, energy projects, mega-infrastructure projects, and special economic zones (SEZs) – has also been implicated in a long and well-documented list of adverse human rights impacts including labor rights abuses, land grabbing, displacement of Indigenous Peoples, environmental pollution, and gender discrimination.

In recent years, South and Southeast Asian companies and financial institutions have grown considerably in profitability and capital accumulation and now seek new investment opportunities within the region. Increasing rates of outbound investment from certain Asian countries may present new risks to human rights in host countries.

This part of the session will broadly focus on two aspects. First, it will explore adverse human rights impacts of both inbound and outbound investments of companies and state-owned enterprises domiciled in Asia. Discussants will present case studies involving SEZs and mega-infrastructure projects as these have become emblematic of the risks of FDI to human rights in the region. Second, it will explore the role of the UNGPs, alongside national laws and regulations, in mitigating risks and remedying adverse human rights impacts of inbound and outbound investments.

Discussants in this part of the session will in particular consider adverse impacts on labor rights, land grabbing and gender discrimination. They will also address the role of NAPs in ensuring that inbound as well as outbound investment is aligned with the UNGPs, the practical steps that States could take to ensure greater policy coherence between their human rights obligations and efforts to create or maintain an investment-friendly environment, and the strategies that could be used to provides access to remedy in cases with a cross-border or transnational dimension.

Moderators
avatar for Sean Lees

Sean Lees

Business and Human Rights Specialist, UNDP
Sean Lees is a Business and Human Rights Specialist at the United Nations Development Programme (UNDP), Bangkok Regional Hub. Prior to his work at UNDP, Sean worked on Asia-Pacific trade and investment policy at the Pacific Basin Economic Council and the East-West Center (1994-1996... Read More →
RO

Rosanna Ocampo

Senior Programme Officer, UN Advocacy, Asian Forum for Human Rights and Development (FORUM-ASIA)
Rosanna Ocampo is Senior Programme Officer for the UN Advocacy Programme of Asian Forum for Human Rights and Development (FORUM-ASIA), a network of 81 member organisations in 21 countries across Asia. Rosanna has worked for FORUM-ASIA since June 2016 in Bangkok and Geneva, and is... Read More →

Speakers
avatar for Anirudha Nagar

Anirudha Nagar

Communities Co-Director, Accountability Counsel
Anirudha Nagar is Co-director for Accountability Counsel's Communities program, working to assist communities to defend their environmental and human rights, and have their voices heard by the financiers of development projects. He is supporting Indigenous communities across Asia... Read More →
avatar for Sor Rattanamanee Polkla

Sor Rattanamanee Polkla

Executive Coordinator, Community Resources Centre
Sor.Rattanamanee Polkla’s career spans the past nineteen years of public interest lawyering in Thailand, and she has been involved in many of its most significant recent cases. After working for years as an independent public interest lawyer, in 2010 she co-founded with Prashant... Read More →
avatar for Han Dongfang

Han Dongfang

Founder, China Labour Bulletin
Han Dongfang (韩东方) is the Executive Director of China Labour Bulletin (CLB), a labour rights organization based in Hong Kong. He has been a leading advocate for workers rights in China for three decades.In 1994, he founded China Labour Bulletin in Hong Kong. During the past... Read More →
JC

Joan Carling

co-convenor, Indigenous Peoples Major Group for Sustainable Development-IPMG
I am an indigenous activist for more than 30 years working on human rights and indigenous peoples rights including in relation to business operations. I am now focusing on the linkages of human rights with the SDGs and the IPMG has initiated the Right Energy Partnership- a rights-based... Read More →
avatar for Dr. Kamal Uddin Ahmed

Dr. Kamal Uddin Ahmed

Commissioner, NHRC Bangladesh
avatar for Marzuki Darusman

Marzuki Darusman

Chairperson, The Foundation for International Human Rights Reporting Standards and the Independent International Fact-Finding Mission on Myanmar
Together with James Kallman and other internationally-respected human rights advocates, Mr. Darusman established the Foundation For International Human Rights Reporting Standards (“FIHRRST”), a non-profit that targets the advancement of human rights in all areas. As Chair, he... Read More →


Wednesday November 27, 2019 11:45 - 13:00
Room XIX

12:00

Snapshot - Introducing the first hospitality industry training module on risks of modern slavery in labour sourcing
Snapshot presented by the International Tourism Partnership (ITP)

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description
As part of ITP’s Goal on Human Rights and ITP Principles on Forced Labour, hotel company members of ITP are committed to driving positive change on respect for human rights as well as fostering safe and inclusive working environments.

ITP created a comprehensive training module following Hilton’s generous decision to share their training on modern slavery to support the broader industry to raise awareness and tackle human rights risks of modern slavery in the operations and supply chain of hotels worldwide. The training module is available for any hotel company regardless of its size and location on ITP’s training platform.

While the industry has robust training and tools to manage risks of modern slavery for sexual exploitation, this will be the first publicly available online training module made by and for the hotel industry focusing on risks in the labour supply chain. ITP hopes that this new resource will be widely used to scale up efforts across the industry in addressing modern slavery worldwide.

Presentation content
The presentation will be a short video presenting the following elements:
• Context on risks of modern slavery in the hospitality industry
• Collective action through the International Tourism Partnership
• Presentation of the training module (see snapshots below)
• How to access the module

Speakers
AR

Anjana Raza

Head of Programmes, International Tourism Partnership



Wednesday November 27, 2019 12:00 - 12:15
Room XXV

12:15

Snapshot - Children’s Rights and Business Atlas: Data-driven tools for impact assessment
Snapshot presented by the United Nations Children's Fund (UNICEF)

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description: 
Business impacts children everywhere. Children interact daily with the private sector – as family members of workers, employees, consumers, and community members affected by operations and supply chains. Interactive, data-driven and free to use, the Children’s Rights and Business Atlas is an online tool that provides downloadable country data and aggregate scores across 195 countries. Jointly developed by Global Child Forum and UNICEF, the Atlas contains more than 150 indicators measuring legal framework, government enforcement and outcomes, on children’s rights in the workplace, marketplace, community and environment.
The Atlas is designed to help business and government stakeholders better understand a wide range of potential and actual business impacts on children through the use of publicly available data, analysis and practical guidance. The purpose of this session is to demonstrate how business stakeholders can use the Atlas to identify the actions needed to improve respect for children’s rights, and how government stakeholders can use the Atlas to improve their action and commitment to business-related children’s rights concerns.

About UNICEF
UNICEF works in the world’s toughest places to reach the most disadvantaged children and adolescents – and to protect the rights of every child, everywhere. Across 190 countries and territories, we do whatever it takes to help children survive, thrive and fulfill their potential, from early childhood through adolescence. And we never give up. For more information, visit: www.unicef.org
 
About Global Child Forum
Founded in 2009 by the Swedish Royal Family, Global Child Forum is a leading forum for children’s rights and business dedicated to innovative thinking, knowledge-sharing and networking. Global Child Forum believes in the power and responsibility of business, working in partnership with all parts of society, to create a prosperous, sustainable and just society for the world’s children. For more information, visit: www.globalchildforum.org.

Speakers
avatar for Beth Verhey

Beth Verhey

Senior Advisor, Children’s Rights and Business, UNICEF
I am Senior Advisor on Children's Rights and Business with UNICEF.Talk to me about Integrating children's and human rights in business due diligence.And our new global data platform for business risk and impact analysis - https://www.childrensrightsatlas.org/country-data/workplac... Read More →
MG

Marilu Gresens Peries

Research Consultant, Children’s Rights and Business, UNICEF


Wednesday November 27, 2019 12:15 - 12:30
Room XXV

12:30

Snapshot - Stonewall’s Toolkit for Employers - Tackling LGBTI Discrimination
Snapshot presented by Stonewall

Webcast of the session:
Meeting link
Meeting number: 843 764 408
Password: 627pYcpd

Description:

The launch of the UN LGBTI Standards of Conduct for Business provided both a global human rights imperative and a concrete set of steps for companies to improve their practices with respect to lesbian, gay, bi, trans and intersex (LGBTI) populations. Discrimination against LGBTI people cannot be ended by governments alone, so the role of employers in advancing LGBTI rights is crucial. By adhering to these standards, businesses can foster diversity and promote a culture of respect and equality both in the workplace and the communities in which they operate.

As the largest UK-based LGBT equality charity, Stonewall has a well-established programme of work supporting businesses to transform their operations to improve the lived experience of LGBT people, both domestically in the UK and throughout their global locations and footprint. As a contributor to and launch partner of the UN Standards of Conduct for Business, we have produced a short toolkit designed to assist companies in their implementation of them. Come to this session to learn more about how your company can align its policies, procedures and broader practice with these leading international standards.

Speakers
avatar for Leanne MacMillan

Leanne MacMillan

Director of Global Programmes, Stonewall
LGBT and human rights; business and human rights; developing countries and advocacy for human rights; strategic litigation; UN advocacy
avatar for Charlotte Lush

Charlotte Lush

Senior Global Workplace Programmes Officer, Stonewall
Charlotte Lush is the Senior Global Workplace Programmes Officer at Stonewall, where she leads on the development of Stonewall's guidance for multinational organisations on how to respect the rights of LGBT people both internally and externally around the world. Prior to this, she... Read More →


Wednesday November 27, 2019 12:30 - 12:45
Room XXV

13:30

Advancing the business and human rights agenda in the Pacific
Session organized by the UN Working Group on Business and Human Rights in collaboration with the OHCHR for the Pacific

Webcast of the session:
Meeting link
Meeting number: 840 368 810
Password: 7KAXPwtJ

Background
This session is part of the Forum track on discussing challenges and opportunities in promoting business respect for human rights in different regions of the world in line with the UN Guiding Principles on Business and Human Rights (UNGPs). Considering that Pacific countries share some of the common challenges in implementing the UNGPs, a peer learning and multi-stakeholder dialogue around opportunities and lessons learned should be useful in pushing the business and human rights agenda in the region. It is hoped that this session, the first for its kind for the Pacific, will raise awareness about the UNGPs, build linkages between the SDGs and the UNGPs, and encourage Pacific government to develop National Action Plans on Business and Human Rights. This session will also provide space to showcase how other Asian regions are implementing the UNGPs, and thus reinforce a ‘race to the top’ among governments and businesses in the Pacific region.

Objectives
The session aims to:
  • Identify key business and human rights challenges in the Pacific;
  • Discuss the measures taken by the Pacific governments to promote responsible business conduct in line the UNGPs and the SDGs;
  • Consider ways to encourage business enterprises to conduct human rights due diligence in consultation with civil society organisations, trade unions and human rights defenders; and  
  • Explore opportunities for the Pacific states to develop National Action Plans to implement the UNGPs.

Format
After brief introductory remarks by a member of the UN Working Group, the sessions will feature a moderated discussion among panelists representing the governments, businesses and civil society. This will be followed with an interactive dialogue with participants.
Representatives of civil society and business will present a few case studies concerning some of the key business and human rights challenges in the Pacific, particularly in relation to the extractive sector, the climate crisis, threats faced by human rights defenders, and gender issues. The representatives of some Pacific Governments will share how they are promoting business respect for human rights, including by raising awareness about the UNGPs and the SDGs agenda, setting expectations for companies to carry out human rights due diligence, creating incentives through public procurement, and taking steps to ensure a ‘bouquet of remedies’ is available to victims. Panelists will also discuss opportunities to promote responsible business conduct in the Pacific, including by developing National action Plans in a consultative manner.

Moderators
avatar for Justine Nolan

Justine Nolan

Associate Professor, Faculty of Law at The University of New South Wales
Justine Nolan is an Associate Professor in the Faculty of Law at UNSW Sydney. She is a Visiting Professorial Scholar at NYU's Stern Center for Business and Human Rights. Justine's research focuses on the intersection of business and human rights, in particular, corporate responsibility... Read More →

Speakers
avatar for Katharine Bryant

Katharine Bryant

Manager- Global Research, Walk Free Initiative
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
avatar for Leonard Chan

Leonard Chan

Chairperson, Pacific Business Resilience Network (PBRN)
Chair of the Pacific Business Resilience Network (PBRN) and Vice Chair of the Fiji Business Disaster Resilience Council (FBDRC)Affiliated with Fiji Commerce & Employers Federation (FCEF) since 2010 in various capacities including that of Council Chair & Vice Chair and Board Member... Read More →
avatar for Auiluma Lotoala

Auiluma Lotoala

Member, Tuvalu Association of Non-Government Organization (TANGO)
As a community-based organization, TANGO's principal concern is encouraging and assisting NGOs in their work to enable human development within Tuvalu. TANGO encourages this to be undertaken in a sustainable manner, ensuring the long-term survival of its own organization and any projects... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XXIV

13:30

Catalytic public-private partnerships: working with governments to drive business respect for human rights in the cocoa sector
Interpretation provided in English and French

Session organized by the International Cocoa Initiative

Webcasting of the session:
Meeting link
Meeting number: 845 901 741
Password: rEUeS676

Session Overview
Focusing on the human rights challenges of child labour and forced labour in the cocoa sector of West Africa, and building on the International Cocoa Initiative’s multi-stakeholder orientation to promoting solutions across business, governments and civil society, this session will spotlight efforts underway in Côte d’Ivoire and Ghana to promote effective human rights due diligence in the cocoa supply-chain.
The session will examine the state of play in the sector’s roll out of Child Labour Monitoring & Remediation Systems (CLMRS), and the specific and interlinked roles of private and public actors for different aspects of this approach which currently covers approximately 10% of the cocoa supply chain, and which now demands urgent action if its coverage and promising impacts are to be scaled up. In line with the theme of the Forum, particular attention will be paid to the role of governments, as per the first pillar of the UN Guiding Principles on Business and Human Rights; in cocoa-producing countries as enablers of due diligence and remediation, and as drivers of complementary root-cause solutions; and in cocoa-consuming nations as regulators and enablers of responsible business conduct.

Session Objectives:
To profile important efforts underway in the cocoa sector to scale up due diligence systems.
  • To review current roles and responsibilities (between industry, government and civil-society) in these efforts, and to consider new approaches for coordinated, aligned, collaborative working.
  • To highlight specific roles of governments in producing and consuming countries in helping businesses expand their efforts, and to engage session panelists and participants in a discussion to identify related opportunities and challenges in upscaling.
  • To seek input from session participants into the design of an emerging post-2020 partnership on children’s rights in cocoa.

Key Discussion Questions:
Depending on the format (panel, round table or debate), questions could include:
  • Where are we on the upscaling journey for due diligence in the cocoa sector?
  • What are the specific challenges we’re facing?
  • Do we have sufficient clarity on roles and responsibilities? If yes, how do they fall, if not, how can we get clarity?
  • Are respective actors’ efforts sufficiently aligned and coordinated?
  • Are producing country governments helping the upscaling effort? What more can they do?
  • Are consuming country governments helping the upscaling effort? What more can they do?
  • What more can other stakeholder groups (private sector, civil society, consumers) do to help the upscaling effort?
  • What needs to happen, post-2020, to achieve greater coverage and impact?
  • What lessons from cocoa can be applied to other commodities / sectors?

Moderators
avatar for Olivier Laboulle

Olivier Laboulle

Head of Programmes, International Cocoa Initiative (ICI)
Olivier Laboulle joined ICI in 2015 having worked on environmental sustainability, education and livelihoods, predominantly in Africa and Europe with non-profits, public-private partnerships, social enterprises and the UN. He has an MSc in Human Rights with a focus on supply chains... Read More →

Speakers
avatar for Anousheh Karvar

Anousheh Karvar

French Government Representative to the ILO / chair of the Alliance 8.7, International Labour Organization (ILO)
I am currently the French Government representative to the International Labour Organisation Governing Body and the French Labour and Employment Task Officer to G7-G20. Since July 2019, I chair the Alliance 8.7, a Global Partnership to end forced labour, modern slavery, human trafficking... Read More →
avatar for Yann Wyss

Yann Wyss

Senior Manager, Social & Environmental Impact, Nestlé
#humanrights #duediligence # reporting #globalsupplychains Yann Wyss joined Nestlé in 2011 as a Human Rights Specialist to develop and implement Nestlé’s Human Rights Due Diligence Program across the company’s operations and supply chain. He is now Senior Manager for Social... Read More →
avatar for Virginie Mahin

Virginie Mahin

Global Social Sustainability & Human Rights Lead, Mondelēz International
Virginie Mahin leads the social sustainability agenda for Mondelēz International, the global snacking company behind chocolate and biscuit brands such as Milka, Cadbury, Oreo and LU. As chair of the company’s cross-functional Human Rights Working Group, she steers the company’s... Read More →
avatar for Antonie Fountain

Antonie Fountain

Managing Director, Voice Network
Antonie Fountain, is Managing Director of the VOICE Network and co-author of the Cocoa Barometers. He acts as one of the key spokespersons for civil society in cocoa, and has been actively advocating a sustainable cocoa sector for more than a decade.
avatar for Kouakou Kra Martin N’GUETTIA

Kouakou Kra Martin N’GUETTIA

Directeur de la Lutte contre le Travail des Enfants, Ministère de l'Emploi de la Protection Sociale de Côte d’Ivoire
Dr. NGUETTIA Kouakou Kra MartinNée le 26/12/1974 en République de Côte d’IvoireDocteur en Psycho-criminologie / Maitre-Assistant des Universités / Enseignant – Chercheur à l’UFR de Criminologie de l’Université Felix Houphouët Boigny de Cocody à Abidjan.Par ailleurs... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XXV

13:30

Ensuring access to remedy when indigenous peoples' rights are harmed - trends, challenges, ways forward
Session organized by the Forest Peoples Programme, the International Work Group on Indigneous Affairs, Tebtebba Foundation and the Asia Indigenous Peoples Pact

Interpretation provided in English and Spanish by DOCIP

Webcast of the session:
Meeting link
Meeting number: 846 511 945
Password: nSk4CUJH

Session Description:
Governments are catalysts for business’ respect for human rights, through legislation and regulation they can define and enforce responsibilities of businesses, including the duty to provide or collaborate in providing access to remedy where human rights violations occur. The session will provide an opportunity for engagement with Forum participants and stakeholders to enhance understanding on the challenges, and opportunities, to effect access to remedy for indigenous peoples impacted by business activities.

This session will focus specifically on the actions and inactions of State bodies to enable, promote or enforce access to remedy, both through judicial and non-judicial mechanisms. The session will include discussion of the underlying drivers of the violation of indigenous rights, in order to better understand the root causes of some of the barriers to remedy that are experienced, including incomplete or non-recognition of the underlying rights of indigenous peoples to their lands and territories, and the influence of licit and illicit third party actors in driving economic activity that impacts on indigenous rights. Focus on drivers allows targeted consideration of potential State action to overcome barriers related to these drivers.

The session will also introduce and reflect on possible action to recognise, support and encourage the use of indigenous peoples’ customary governance and laws in defining what remedy looks like, and in realising it.

Session Objectives:
  1. To share the practical experiences of indigenous peoples in seeking to access remedy for violations of their rights caused directly or indirectly by business operations
  2. To review key barriers to effective remedy as experienced by the panel members, specifically the role of States in contribution to, or failing to address, such barriers (corruption, collusion between business and State, lack of recognition of indigenous peoples’ rights to lands and resources)
  3. To present and discuss recommendations for action – particularly by States – to establish, improve or better enforce avenues to redress for communities and indiviudals impacted by human rights abuses linked to business activity
Key Discussion Questions:
  1. What the key drivers of human rights violations linked to business activities? How can State action address such drivers?
  2. Human rights, including land rights, violations are more implicated in some economic sectors than others (agribusiness, extractives), what opportunities for targeted actions by States are there to support sector-specific remedy?
  3. What is the role for customary law and customary conflict resolution mechanisms in defining and providing remedy?
  4. There is a pervasive context of violence and threats to indigenous rights defenders which can reduce effective access to remedy, in this context what specific State actions are needed to reduce threats?

Format of the session:
Panel format with three national level presentations (7 minutes each) to present key findings from the experience of panelists in seeking remedy for the impact of business activity. The first phase of the panel will be an introduction of the key discussion questions by the moderator, followed by the three national level presentations. (30 minutes).
Phase two of the Session will turn to engagement with Forum participants, beginning with a representative of the International Work Group on Indigenous Affairs (IWGIA) introducing key findings from work supporting access to remedy (7 minutes), and inviting observations and questions from the audience for panel presenters. (30 minutes).
Phase three of the panel will summarise and reflect the core areas of recommendation and action that have emerged from the panel discussion and audience engagement. (10 minutes)



Moderators
avatar for Helen Tugendhat

Helen Tugendhat

Forest Peoples Programme, Forest Peoples Programme

Speakers
avatar for Jennifer Zerk

Jennifer Zerk

Legal consultant, OHCHR Accountability and Remedy Project
I am an independent researcher and analyst specialising in legal and policy issues in business and human rights. I am the lead legal consultant to the OHCHR's Accountability and Remedy Project. I am also an Associate Fellow in the International Law Programme at Chatham House (the... Read More →
avatar for Manja Bayang

Manja Bayang

Indigenous rights defender, Tebtebba Foundation, Philippines
MG

Miguel Guimaraes

Indigenous rights defender, FECONAU- Ucayali region, Peru
avatar for Mali Ole Kaunga

Mali Ole Kaunga

Director/Founder, IMPACT/ PARAN alliance Kenya
Mali Ole Kaunga is a laikipia Maasai, the founder and Director of OSILIGI(Organisation for the Survival of IL- Laikipiak Maasai Indigenous Group Initiatives) that translate to HOPE in Maasai. OSILIGI later transformed into IMPACT (Indigenous Movement for Peace Advancement and Conflict... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XXII

13:30

States and business enterprises listening to the UN Working Group? A cross-country assessment by civil society organizations
Session organized by Conectas Direitos Humanos (Brasil)

Interpretation provided in English and Spanish by DOCIP

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD


Session description

The session will discuss methodologies adopted by civil society organizations to keep track of government and businesses implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP). The objective is to analyze and assess the impact on States and businesses’ policies and practices derived from: (i) recommendations made by the UN Working Group of Business and Human Rights (UNWGBHR) after country visits; and (ii) discussion and implementation of State national action plans.


Sessions objectives
  1. to highlight how civil society organizations assess the implementation of the UNGP by governments and companies;
  2. to stress the need of mandatory due diligence legislation to prevent business-related human rights abuses;
  3. and to propose recommendations for governments and companies.


Format of the session

The session will start with brief introduction by the moderator, followed by interventions by the panelists to summarise the key issues they are working on regarding the assessment of the UNGP implementation by States and businesses. The moderator will open the floor for plenary discussion based on guiding questions, regarding the methodologies adopted by civil society organizations and challenges faced by States and businesses. Finally, the session will be concluded by a last round of panelist interventions.


Background to the discussions

Country visits have factilitated a fruitful multistakeholder dialogue among the UNWGBHR, States, business enterprises and civil society, contributing to raising awareness of good practices and lessons learned on the implementation of the UNGP as well as on the ground accounts by those whose human rights are affected by corporate activities. The end of mission reports and the recommendations presented constitute a relevant work plan for stakeholders interested in the agenda of business and human rights, drawing public policy guidelines and highlighting threats and concerns on corporate-based human rights violations. Since 2012, the UNWGBHR has already carried out 12 country visits in four different continents.

The UNWGBHR is promoting national action plans on business and human rights (NAPs) as a key tool to support State implementation of the UNGPs. . During the 3rd Annual UN Forum in 2014 the WG launched its Guidance on NAPs. Recommendations for State NAPs on business and human rights were also presented in the UNWGBHR 2014 report to the 69th Session of the UN General Assembly. There have been regular discussions at the UN Forum about state of play and the way forward for NAPs. The UNWGBHR has had a significant positive impact through its promotion of NAPs, and the dissemination of UNGP that the process of producing a NAP involves. Today, twenty-two countries published NAPs and thirty-one States are in the process of developing a NAP, have committed to doing one or have either the NHRI or civil society giving steps in the development of a NAP.

The panelists are representatives of civil society organizations from three countries visited by the Working Group in the last five years: Brazil (December 2015), Mexico (September 2016) and Peru (July 2017).

The situations to be mentioned in the session include:
  • Follow-up reports of recommendations from the UNWG to government and businesses after the 2015 country visit to Brazil
  • Mandatory due diligence legislation to tackle the lack of transparency in supply chain of transnational companies: the case of contemporary slave labour in coffee farms in Southern Brazil
  • National baseline assessment for the implementation of the UN Guiding Principles on Business and Human Rights in Mexico
  • Drafting a NAP on business and human rights in Peru and social participation: the case of indigenous peoples

Moderators
avatar for Jefferson Nascimento

Jefferson Nascimento

Program Officer, Conectas Direitos Humanos
Dr. Nascimento is an officer at Development and Socioenvironmental Rights program at Conectas Direitos Humanos, Brazil. He holds a PhD in International Law from the University of São Paulo. Dr. Nascimento is an international human rights lawyer and a researcher with expertise in... Read More →

Speakers
avatar for Ivette Gonzalez

Ivette Gonzalez

Strategic Engagement Senior Associate, PODER (México)
Ivette Gonzalez is an Strategic Engagement Senior Associate at the Project on Organizing, Development, Education and Research (PODER). She co-coordinates the Civil Society Focal Group on Business and Human Rights in Mexico. Currently, Ms. González coordinates at PODER a project on... Read More →
avatar for Claudia Zúñiga Carrillo

Claudia Zúñiga Carrillo

Rights and Amazonia Program Specialist, Derecho, Ambiente y Recursos Naturales (DAR)
Ingeniera forestal especialista en Manejo Forestal con conocimiento en prácticas de integración de empresas con comunidades indígenas en el marco de los estándares de certificación forestal y el Convenio 169 de la OIT. Actualmente, es especialista del programa Derechos y Amazonia... Read More →
avatar for Jorge Ferreira dos Santos Filho

Jorge Ferreira dos Santos Filho

Political Coordinator, ADERE – Articulação dos Empregados Rurais do Estado de Minas Gerais (Brazil)
Mr. Santos Filho is a Brazilian rural worker and political articulator of ADERE, an association of rural workers of Minas Gerais, the Brazilian state that leads coffee production in the country – Brazil is the world’s main producer of coffee. He works to combat the precariousness... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XXI

13:30

Strengthening regional “races to the top” on business and human rights – the role of regional organizations
Session organized by the European Union External Action Service and the Council of Europe

Brief Description of focus and objectives:
Regional organisations can play an important role to foster progress at national level on the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs), by facilitating the exchange of good practice, promoting peer learning, and harmonising regulation among others. This session will present recent efforts made by several regional organisations to encourage races to the top on business and human rights amongst their member states, alongside initiatives sharing experience with other regions in the world and supporting National Action Plans. It will also offer a discussion on how regional organisations can best work with their members and partners in the pursuit of a race to the top.

Format of the session:
The session will feature speakers from regional organisations and national governments in two rounds of discussion:
  1. Highlighting recent initiatives and the lessons learned in fostering regional and national developments;
  2. Exchanges on how best to mutually support one another in a regional race to the top.
The session will also call business and NGOs/trade unions representatives to share their perspective on achieving a “race to the top” and their relationship with regional organisations. It will also provide an opportunity for partners of EU-supported regional projects (OECD, ILO, OHCHR, UN Working Group, UNDP as well as countries in Latin America and Asia) to share their experience.

Speakers of the session:
  1. Developments at the Council of Europe and presentation of the online platform on human rights and business: Christophe Poirel, Director, Human Rights Directorate, Directorate General Human Rights and Rule of Law (DGI), Council of Europe
  2. Developing a Business and Human Rights Policy Framework at Regional level, Mr Ikubaje John Gbodi, Senior Political Officer, African Union Commission, Department for Political Affairs
  3. EU level initiatives promoting races to the top in Europe and supporting races to the top in other regions, EU supported projects in Asia and Latin America, Hilde Hardeman, Director - Head of Service, Service for Foreign Policy Instruments, European Commission
  4. Lessons learned from the European regional peer learning exercise on the implementation of the UNGPs, Jochen Anthierens, Ministry of Foreign Affairs of Belgium
  5. Perspective for future actions at regional level based on national experiences, Dr. Kent Wilska, Commercial Counsellor, Ministry for Foreign Affairs of Finland ( EU presidency)

Moderators
avatar for Marc Giacomini

Marc Giacomini

Deputy Managing Director for Human Rights, Global and Multilateral Affairs, European External Action Service

Speakers
avatar for Hilde Hardeman

Hilde Hardeman

Director-Head of Service, European Commission Service for Foreign Policy Instruments (FPI)
Dr Hilde Hardeman, Head of the European Commission's Service for Foreign Policy Instruments (FPI).Hilde has spent twenty-five years working for the European Commission, covering external relations and economic and competitiveness issues. From 2014 to 2017, she served as Deputy Head... Read More →
avatar for Christophe Poirel

Christophe Poirel

Director, Human Rights Directorate, Directorate General Human Rights and Rule of Law (DGI), Council of Europe
Christophe Poirel, LL.M., has worked as the Director of Human Rights in the Council of Europe since his appointment in July 2018. During his long career path, he has gained solid expertise in the field of human rights.Prior to his current position, Mr Poirel has served in several... Read More →
avatar for Ikubaje John Gbodi

Ikubaje John Gbodi

Senior Political Officer (Democracy, Governance, Human Rights and Elections), African Union Commission
Ikubaje John Gbodi. Is a British Chevening Scholar. He holds M.Sc. in Political Science from the University of Ibadan, in Nigeria and MA in Governance and Development from the Institute of Development Studies (IDS), University of Sussex, Brighton, United Kingdom. Mr. Ikubaje was the... Read More →
avatar for Jochen Anthierens

Jochen Anthierens

Human Rights and Democracy Service, Ministry of Foreign Affairs of Belgium
Jochen Anthierens is currently the Deputy Director of the Human Rights Department of the Federal Public Service Foreign Affairs of Belgium. He previously served as Deputy Head of Mission at the Embassy of Belgium in Kuala Lumpur, Malaysia (2013-2017) and as First Secretary at the... Read More →
avatar for Kent Wilska

Kent Wilska

Commercial Counsellor, Ministry for Foreign Affairs of Finland
Works at Trade Policy Unit of the Department for External Economic Relations. Responsibilities i.a. trade and development, aid for trade, trade and labour rights, business and human rights, responsible business conduct, EU-Mercosur negotiations.Dr. in International Economics and Business... Read More →


Wednesday November 27, 2019 13:30 - 14:45
Room XIX

15:00

Mind the Gap research: sneak preview
Organized by SOMO's Mind the Gap project team

Sneak preview of Mind the Gap research on corporate strategies to avoid responsibility for corporate human rights violations

Details and sign-up are available here.

Wednesday November 27, 2019 15:00 - 16:00
Room XXV

15:00

Addressing climate change: the business and human rights connection
Interpretation provided in English, French and Spanish

Session organized by the Office of the High Commissioner for Human Rights (OHCHR) and the UN Working Group on Business and Human Rights in collaboration with the Business & Human Rights Resource Centre and the B Team

Background
Climate change and environmental degradation directly and indirectly interfere with the enjoyment of all human rights, including the rights to life, housing, water and sanitation, food, health, development, and an adequate standard of living. Ensuring sustainable development for all requires effectively addressing climate change through an internationally coordinated response based on common human rights and environmental principles such as solidarity, transparency, participation, access to information, accountability, remedies, the precautionary principle, equality, and equity.

The importance of rights-based climate action has been gaining momentum in various fora. The implementation of the Paris Agreement and the 2030 Agenda combined with the increasing engagement of the Human Rights Council, its special procedures mechanisms and the treaty-bodies with environmental issues presents a unique opportunity for integration of human rights in the development and implementation of environmental as well as climate change policies at the national and international level.

To avert future climate harms and ensure climate justice, the private sector must be part of the solution, as highlighted by the UNFCCC Adaptation Private Sector Initiative (PSI) and emphasized at the 2019 Climate Action Summit. Another example of corporate engagement with climate change is the Caring for Climate Initiative, which is hosted by the UN Global Compact and UN Environment and brings together more than 400 companies from around the world that have committed to taking action to address the climate crisis.

All business enterprises have a responsibility to prevent and address negative impact on the environment. Although neither the UN Guiding Principles on Business and Human Rights nor the OECD Guidelines for Multinational Enterprises explicitly mention climate change, it is widely accepted that the business responsibility to respect human rights and environmental rights includes the responsibility to identify, prevent, mitigate, and account for climate change. However, what this responsibility means in practice for corporate human rights due diligence as well as for state duty to protect against human rights abuses by businesses require further elaboration.

Against this backdrop, the session will explore what businesses should do to prevent climate harms and how states should support this goal by adopting appropriate policies and legal regulation. It will also review various judicial and non-judicial mechanisms employed in recent years to hold corporations accountable for climate change-related human rights harms, e.g., the RWE and Gloucester cases, the Dutch National Contact Point case concerning ING, and the climate change inquiry undertaken by the Philippines Commission on Human Rights. Moreover, it is hoped that the session will highlight the critical importance of integrating the human rights dimension in discussions at the UNFCCC COP 25 and beyond.

Objectives
This session aims to:
  1. Demonstrate the connection between climate change and the business and human rights agenda;
  2. Discuss the role of states in encouraging businesses to assist in achieving a just transition to low carbon economy;
  3. Articulate the responsibility of business enterprises to prevent, mitigate and address climate change as part of human rights due diligence by adopting a “risk-to-people” lens;
  4. Review recent judicial and non-judicial attempts aimed at corporate accountability for climate change; and
  5. Identify good business practices aimed at addressing the current climate crisis.

Format
The session with begin with panellists making brief introductory remarks about the responsibility of businesses to identify, prevent, mitigate and account for climate change (including by integrating climate considerations into their human rights due diligence processes) as well as recent attempts aimed at corporate accountability for climate change. This will be followed by a moderated discussion involving interventions from the floor, with special focus on drawing lessons from good practices and reflecting on what further actions are needed going forward.

Moderators
avatar for Emily Hickson

Emily Hickson

Cause Strategist, Net-Zero by 2050, The B Team
Emily helps run The B Team's 2020 climate campaign, focusing on getting key countries and sectors to step up their ambition and action. She also leads The B Team's just transition program, which works with businesses and their workers so as to ensure the decarbonization process maximizes... Read More →

Speakers
avatar for Cristina Tebar-Less

Cristina Tebar-Less

Acting Head of the OECD Centre for Responsible Business Conduct, OECD
Cristina Tébar Less is the Acting Head of the OECD Centre for Responsible Business Conduct. She manages a team of experts in corporate responsibility and oversees work related to the implementation of the OECD Guidelines for Multinational Enterprises, the development of due diligence... Read More →
avatar for Lalanath de Silva

Lalanath de Silva

Head of GCF's Independent Redres Mechanism, Green Climate Fund
Dr Lalanath de Silva is the Head of GCF's Independent Redress Mechanism. He has extensive experience in legal affairs, with more than 30 years of service as a practicing lawyer. In Sri Lanka, he supported the Ministry of Environment as a legal consultant, and was a member of his country's... Read More →
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
avatar for Brynn O’Brien

Brynn O’Brien

Executive Director, Australasian Centre for Corporate Responsibility
Brynn O’Brien is the Executive Director of the Australasian Centre for Corporate Responsibility (ACCR). ACCR promotes better performance of Australian listed companies on ESG issues. As an 'activist shareholder' organisation, ACCR engages with companies and their investors on these... Read More →
avatar for Lisa Osbäck

Lisa Osbäck

Social Sustainability Manager, Scania
Lisa Osbäck is Social Sustainability Manager at Scania, a world-leading provider of transport solutions, including trucks and buses for heavy transport, with 52 000 employees in 100 countries. Scania is committed to drive the shift to a sustainable transport system and has responded... Read More →
avatar for Tessa Khan

Tessa Khan

Co-Director, Climate Litigation Network
Tessa Khan is an international human rights and climate change lawyer and Co-Director of the Climate Litigation Network (CLN), a project of the Urgenda Foundation. In 2015, Urgenda won a groundbreaking lawsuit against the Dutch government requiring the government to significantly... Read More →


Wednesday November 27, 2019 15:00 - 16:45
Room XX

15:00

Advancing the business and human rights agenda in the Middle East

Session organized by MENA/FOTCD, OHCHR and the UN Working Group on Business and Human Rights

Webcast of the session:
Meeting link
Meeting number: 840 368 810
Password: 7KAXPwtJ

Context
Business and human rights is an important emerging issue for countries in the Middle East. Countries in the Middle East experience different levels of economic growth and development, and this in turn affects the volume and type of business activities and their impact in different societies. Countries and business enterprises in the region face a variety of human rights challenges, such as those related to inequalities, discrimination, technological advancements, migration, gender and workforce, as well as other specific local or regional situations. At the same time, there are many opportunities for engagement, interaction and progress with States, businesses, civil society organisations and other stakeholders working together to advance human rights in the region. The session is therefore aimed at enabling a dialogue amongst a wide range of actors who could benefit from a platform to explore emerging issues around business and human rights in the Middle East.
Regional and sub-regional dialogues on business and human rights are already underway in several other world regions, including in Latin America, South Asia and East Asia. Although there have been some recent positive developments in promoting the business and human rights agenda in some countries in the Middle East region, much remains to be done. Development of national action plans on business and human rights, collaboration among national human rights institutions, and implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) could be critical measures in this regard. Building on existing experiences and good practices in facilitating regional dialogues on business and human rights, this session will promote a multi-stakeholder dialogue on a broad range of issues to advance the business and human rights agenda in the Middle East.

Objective
This session aims to facilitate an initial multi-stakeholder dialogue on business and human rights in the Middle East region, with a focus on (i) identifying unique regional challenges as well as similarities and differences with other world regions, and (ii) exploring opportunities for governments and businesses to implement the UNGPs in order to prevent, mitigate and remediate business-related adverse human rights impacts.

Format of the session
The session will be conducted as an interactive dialogue, supported by a panel of experts with active and direct audience participation.

Key themes
The session will look at the following themes:
  • Unique characteristics of the Middle East region in relation to business and human rights, including highlighting similarities and differences with other regions;
  • Key thematic business and human rights challenges in the region, including related to culture, workforce, migration and environment, as well as potential ways to overcome those challenges.
  • Implementing the respective obligations and responsibilities of States and businesses enterprises under the UNGPs.

Moderators
avatar for Anna Triponel

Anna Triponel

Triponel Consulting

Speakers
avatar for Mustafa Qadri

Mustafa Qadri

Executive Director, Equidem Research and Consulting
Mustafa Qadri is the Founder and Executive Director of Equidem Research and Consulting, managing all our projects and partner relationships. He is a human rights research and advocacy expert with over 15 years of interdisciplinary experience in government and public international... Read More →
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights
avatar for Alia Hindawi

Alia Hindawi

Jordan & Lebanon Programme Manager, Business and Human Rights Resource Centre
Alia Hindawi has been working in the field of migration for over a decade, with experience covering emergency, transit, and development contexts. She worked for the International Labour Organization as a project manager, handling the migration profile in Jordan and sat on the local... Read More →
avatar for Mohammad Ali Alnsour

Mohammad Ali Alnsour

Chief, MENA Section, OHCHR
Mohammad Ali ALNSOUR is currently the Chief of the Middle East and North Africa Section at the Office of the United Nations High Commissioner for Human Rights.He has also served as adviser to the High Commissioner for Human Rights (2014- 15). Prior to that, he held the posts of Director... Read More →
avatar for Nomsa Fulbrook-Kagwe

Nomsa Fulbrook-Kagwe

Executive, CDC Group plc
Nomsa's expertise is as a social practitioner, where she works with Fund Managers and companies in the private sector, across emerging markets to effectively manage risk, realise opportunity and drive holistic impact. Sectors of expertise include agribusiness, infrastructure and renewables... Read More →




Wednesday November 27, 2019 15:00 - 16:45
Room XXIV

15:00

Claiming accountability through peer review of national action plans: a simulation
Session organized by the Danish Institute for Human Rights

Webcast of the session:
Meeting link
Meeting number: 841 119 422
Password: Fy2ggiUD

Interpretation provided by Spanish and English by DOCIP

This session will explore opportunities and options of strengthening implementation of the UN Guiding Principles by states through establishing a peer review mechanism of National Action Plans on Business and Human Rights. This will be done through simulating what a peer review exercise could resemble.

Session objectives
This session aims at generating reflections on the value of peer review of NAPs. It will also stimulate debate on potential models and setting for such peer reviews at regional and/or international levels.

Key discussion questions
  • What criteria could a NAP be reviewed against in relation to process, content and efficiency?
  • Which stakeholders should be involved in a peer review exercise of NAPs and how?
  • What are good peer review models to build from?
  • Within what institutional framework could a NAP peer review mechanism be established?
  • How do we get it off the ground?

Format of the session
The session will consist of a facilitated interactive dialogue between a state and a review panel comprised of other states’ representatives as well as other stakeholders. It will be followed by an engaged discussion between the audience and BHR as well as peer review experts.

Background to the discussion
Since 2011 states have been encouraged by various actors including inter-governmental organisations to develop national action plans on business and human rights (NAPs) to articulate their priorities and actions to implement the UN Guiding Principles on Business and Human Rights (UNGPs). To date, 23 states have developed NAPs while 13 more are officially in the process of developing NAPs. NAPs have generated much needed dialogues at national level on business-related human rights issues and potential solutions to these issues and have triggered a number of policy initiatives, NAPs however have also been criticised for failing to address critical issues or for lacking teeth [1][2]. This makes it important to review NAPs and to identify the strengths and weaknesses of current NAPs in implementing the UNGPs and enhancing protections for rights-holders against business-related human rights abuses.

An institutionalised review of NAPs could be instrumental in advancing the quality of NAPs measured against criteria set forth by existing guidance on NAPs and increase their efficiency in addressing business-related human rights issues. Peer review systems have been developed in various policy areas to assess practices and improve policy making.

Moderators
avatar for Kent Wilska

Kent Wilska

Commercial Counsellor, Ministry for Foreign Affairs of Finland
Works at Trade Policy Unit of the Department for External Economic Relations. Responsibilities i.a. trade and development, aid for trade, trade and labour rights, business and human rights, responsible business conduct, EU-Mercosur negotiations.Dr. in International Economics and Business... Read More →
EW

Elin Wronzcki

Chief Adviser, Human Rights and Business, Danish Institute for Human Rights

Speakers
MM

Mona M’Bikay

Director, UPR info
MN

Maryann Njau

Senior Deputy Solicitor General, Office of the Attorney General and Department of Justice, Kenya
avatar for Denisse Cufré

Denisse Cufré

Coordinadora de Políticas Públicas de Empresas y Derechos Humanos, Human Rights Secretariat, Argentina
Abogada, investigadora tesista en Derechos Humanos y auxiliar docente en la Universidad de Buenos Aires. Miembro de la Global Business and Human Rights Scholars Association y de la Red de Profesoras de la Facultad de Derecho de la Universidad de Buenos Aires. Como Coordinadora de... Read More →
avatar for Christopher Patz

Christopher Patz

Film Co-director and Policy Officer, European Coalition for Corporate Justice (ECCJ)
AS

Anaïs Schill

Adviser, Business and Human Rights, Commission nationale consultative des droits de l’Homme, France
avatar for Froukje Boele

Froukje Boele

Manager Latin America and the Caribbean, OECD Centre for Responsible Business Conduct
Froukje Boele is Manager on Responsible Business Conduct for Latin America and the Caribbean at the Organisation for Economic Co-operation and Development (OECD). In this capacity she works with governments, business and civil society to implement the OECD Guidelines for Multinational... Read More →


Wednesday November 27, 2019 15:00 - 16:45
Room XXI

15:00

Preventing and addressing dam failures - what needs to be done?
Session organized by the Responsible Mining Foundation, the Kenya Human Rights Commission, the UN Global Compact Brazil, Hivos, PODER, the FGV DIREITO SP Law School of São Paulo, the Swedish Council on Ethics for the AP Funds and the Korean CSO Task Force team on XPXN dam failure.

Interpretation provided in French and Spanish

Webcast of the session:
Meeting link
Meeting number: 846 511 945
Password: nSk4CUJH

Session description:
The failure of dams (be they tailings dams from mining operations, or dams built for hydroelectricity or irrigation) poses huge threats to local communities, workers, and the environment. Recent dam failures have led to catastrophic impacts on human rights, with large numbers of lives lost, livelihoods destroyed and water and land resources severely polluted. This session will examine how dam failures can be better prevented and addressed to avoid, minimise and mitigate these human rights risks. The session will draw lessons from recent dam failures in Latin America, Africa and Asia. Discussions will consider the role of different stakeholders, including companies, governments, civil society and investors in improving how failures are prevented and addressed, and will look towards recommendations targeted to these stakeholder groups.


Session objectives:
  1. to highlight the common and repeated issues that arise from major dam failures;
  2. to explore the role of companies, governments, civil society and investors in preventing and addressing dam failures; 
  3. and to propose recommendations for these key stakeholder groups.


Key discussion questions:
The session will explore questions such as the following:
  • How can companies be held accountable for compromising on the safety of construction and maintenance of dams?
  • How can governments be encouraged to provide stronger oversight in case of irresponsible corporate behaviour with regards to dams?
  • How can companies and governments be made more responsive to the concerns of local communities regarding the location, construction and safety of dams?
  • What can companies, governments and investors do to improve transparency on the safety of dams and the consequences of failure?
  • How can the provision of remedy for the victims of dam failure be improved?


Format of the session:
The session will start with brief interventions by the Panelists to summarise the key issues they are working on regarding dam failures, followed by a plenary discussion of these cases and issues. The session will then focus on recommendations and the roles to be played by different stakeholders in preventing dam failures and providing effective remedy in the case of failure. This will include a brief intervention by the moderator, representing an investor that is responsible for driving greater transparency in tailings dam management, followed by a round of Panelist interventions and a plenary discussion.


Background to the discussions:
Recent major dam failures have again brought worldwide attention to the huge human rights impacts of such events, and the need to improve how dams are planned, constructed and maintained. Yet a number of systemic issues persist (the most common being lack of transparency, lack of accountability on the part of companies, and lack of government oversight on corporate behaviour), making repeat disasters more likely to occur.

This session will bring together different groups from around the world working on the issue of dam failures.

The cases to be mentioned in the session include:
  • The Xe-Pian Xe-Namnoy (XPXN) hydro dam failure in Lao PDR in 2018 that killed approximately 70 people and displaced about 5000 people;
  • The Solai dam disaster in Kenya in 2018, in which an irrigation dam on a private coffee estate overtopped, killing 47 people and displacing around 5000 people;
  • The Sonora tailings dam being constructed in Mexico by Grupo Mexico subsidiary, responsible for the worst mining spill in the history of Mexico in that same area in 2014;
  • The Mariana (Samarco) tailings dam failure in Brazil in 2015, which killed 19 people and resulted in the country's worst environmental disaster; and
  • The Brumadinho dam collapse in Brazil in 2018, which killed about 270 people and destroyed an entire village.

The session will also highlight the Investor Mining and Tailings Safety Initiative, led by the Church of England Pensions Board and the Swedish Council of Ethics of the AP Funds.
Finally, the session will also draw on the results of the Responsible Mining Index (RMI) Report 2018 on tailings management and the expanded focus on transparent and responsible tailings management in the framework of the RMI Report 2020.

Moderators
avatar for John Howchin

John Howchin

Secretary General, Swedish Council on Ethics for the AP Funds
I have worked with socially responsible investments and corporate social responsibility for over 20 years, cross all sectors and all around the world. Happy to talk about everything relevant.

Speakers
avatar for Miguel Soto

Miguel Soto

director of strategic engagement and advocacy campaigns, Project on Organization, Development, Education and Research (PODER)
Miguel Ángel Soto is director of strategic engagement and advocacy campaigns in Project on Organization, Development, Education and Research (PODER), a regional civil society organization, based in Mexico. PODER’s aim is to end corporate capture of the State and demands transparency... Read More →
avatar for Mary Kambo

Mary Kambo

Programme Advisor on Labour & Business and Human Rights, Kenya Human Rights Commission
With specialist knowledge on labour rights at the national, regional and international levels; having engaged in labour rights work for more than 10 years now.
avatar for Tamara Brezighello Hojaij

Tamara Brezighello Hojaij

Researcher in the Business and Human Rights Centre, FGV DIREITO SP Law School of São Paulo
Tamara Brezighello Hojaij is the Coordinator for Strategic Development at the Business and Human Rights Centre of Fundação Getulio Vargas (FGV CeDHE) and currently a post graduate student at the University of São Paulo (USP). She is a lawyer and has expertise in business liability... Read More →
avatar for Pierre De Pasquale

Pierre De Pasquale

Head of Stakeholder Engagement, Responsible Mining Foundation
His past field experience as a mining engineer and his broad knowledge of the EESG issues related to the mining sector help him contribute to develop the RMF wide network of stakeholders, to raise awareness and disseminate tools and research that can enable change in the minerals... Read More →
avatar for Jiyoung Yun

Jiyoung Yun

Representative Coordinator / Policy & Advocacy Manager, Korean CSO Task Force team on XPXN dam failure / PEACEMOMO
YUN Jiyoung is the Policy & Advocacy Manager of PEACEMOMO which is a civil organization based in Seoul working on peace education. She is in charge of peace & development policy analysis. She has been working on monitoring development projects supported by the ODA & private sector... Read More →


Wednesday November 27, 2019 15:00 - 16:45
Room XXII

17:00

Closing plenary
Interpretation provided in English, French and Spanish

In the closing plenary session, participants from different backgrounds will share their key takeaways from the 2019 Forum and reflections on the road ahead. Members of the Working Group on Businesss and Human Rights will sum up and close the event.

Speakers
avatar for Anita Ramasastry

Anita Ramasastry

Member, UN Working Group on Business and Human Rights
avatar for Dante Pesce

Dante Pesce

Member, UN Working Group on Business and Human Rights
avatar for Githu Muigai

Githu Muigai

Vice-Chairperson, UN Working Group on Business and Human Rights
avatar for Surya Deva

Surya Deva

Member, UN Working Group on Business and Human Rights
Mr. Surya Deva is a WG Member and Associate Professor at the School of Law of City University of Hong Kong.  He holds BA (Hons), LLB and LLM from the University of Delhi and a PhD from Sydney Law School, and has taught previously at the University of Delhi and at the National Law... Read More →
avatar for Elżbieta Karska

Elżbieta Karska

Chairperson, UN Working Group on Business and Human Rights


Wednesday November 27, 2019 17:00 - 18:00
Room XX