Human rights and business: Difference between revisions
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== Timeline == | |||
* In '''1839''' the '''[[w:Anti-Slavery International]]''' [https://www.antislavery.org/ (antislavery.org)] organization was founded | |||
* In '''1900''' the '''International Association for Labour Legislation''' (IALL), an [[w:Epistemic community (international relations)|epistemic community]] was fouded | |||
* In '''1919''' the '''[[w:International Labour Organization]]''' ('''ILO''') was founded by the [[w:League of Nations]], which was superseded by the [[UN]] | |||
* In '''1976''' the '''[[#International Covenant on Economic, Social and Cultural Rights|International Covenant on Economic, Social and Cultural Rights]]''' came into effect | |||
* In '''1976''' the '''[[w:OECD Guidelines for Multinational Enterprises]]''' were adopted by the [[w:OECD]]. The guidelines have been revised in 1979, 1982, 1984, 1991, 2000 and 2011. | |||
* In '''1998''' the '''[[w:Declaration on Fundamental Principles and Rights at Work]]''' was declared by ILO. | |||
* In '''1992''' the '''[[w:International Programme on the Elimination of Child Labour]]''' was created by the ILO. | |||
* In '''1999''' the '''[[w:United Nations Global Compact]]''', a non-binding United Nations pact to encourage businesses worldwide to adopt sustainable and socially responsible policies, and to report on their implementation was announced. | |||
* In '''2011''' the '''[[#United Nations Guiding Principles on Business and Human Rights|United Nations Guiding Principles on Business and Human Rights]]''' ('''UNGPs''') were adopted | |||
* In '''2015''' the '''[[w:Modern Slavery Act 2015]]''' was enacted in the UK. [[w:Modern Slavery_Act 2015#Supply chain|An amendment called 'Transparency in Supply Chain Provisions']] was added that requires UK companies whose turnover exceeds £36 to publicly submit a HRDD report or alternatively state that they haven't done HRDD. | |||
* In '''2016''' the '''[https://tiscreport.org/ TISCReport.org]''' was launched. It is the World's largest Open Data Register committed to ending Modern Slavery and supply chain labour abuses, by joining up Transparency In Supply Chains (TISC) reporting globally. | |||
* In '''2016''' the German '''[https://www.auswaertiges-amt.de/blob/610714/fb740510e8c2fa83dc507afad0b2d7ad/nap-wirtschaft-menschenrechte-engl-data.pdf National Action Plan for the implementation of the UNGPs]''' for 2016-2020 is published. The Green Party supports a motion calling for HRDD obligations and in 2017 the SPD includes HRDD in their electoral program.<ref name="BHRInLawGermany">http://www.bhrinlaw.org/key-developments/59-germany</ref> | |||
* In '''2017''' the lower house of the Dutch parliament adopted the '''Child Labour Due Diligence Bill''', but it is yet to pass in the Senate. When it passes it will become legally binding on January 1 2020.<ref name="bhrinlaw-org2017">http://www.bhrinlaw.org/key-developments/66-netherlands</ref><ref name="csrandthelaw-com2017">https://www.csrandthelaw.com/2017/08/24/proposed-dutch-legislation-on-child-labor-due-diligence-what-you-need-to-know/</ref><ref name="mvoplatform">https://www.mvoplatform.nl/en/frequently-asked-questions-about-the-new-dutch-child-labour-due-diligence-law/</ref> | |||
* In '''2019''' New government of Finland takes the task into its program to make a business responsibility law.from <ref name="IL2019">https://www.iltalehti.fi/politiikka/a/6acab288-15ca-4d51-b087-1e34ca4be30f</ref> | |||
== Sites to help avoid human rights risks == | |||
* [https://www.traffikanalysis.org/ '''TraffikAnalysis'''.org] anti-trafficking data hub by [https://www.stopthetraffik.org/ StopTheTraffik.org] and IBM | |||
* [https://www.frdm.co/ '''FRDM.co'''] offers for-a-fee services that find and fix risks in supply chains | |||
== Human rights due diligence == | |||
'''Human rights due diligence''' or '''HRDD''' means giving [[w:due diligence]] to the [[w:human rights]] aspects of your planned operation. | '''Human rights due diligence''' or '''HRDD''' means giving [[w:due diligence]] to the [[w:human rights]] aspects of your planned operation. | ||
{{Q|Due diligence is an investigation of a business or person prior to signing a contract, or an act with a certain [[w:standard of care]].|Wikipedia|[[w:due diligence]]}} | {{Q|Due diligence is an investigation of a business or person prior to signing a contract, or an act with a certain [[w:standard of care]].|Wikipedia|[[w:due diligence]]}} | ||
== International Covenant on Economic, Social and Cultural Rights == | |||
The [[w:International Covenant on Economic, Social and Cultural Rights]] is a multilateral treaty approved by the [[UN]] General Assembly. It came into force in 1976 and it commits its parties to work toward the granting of [[w:economic, social, and cultural rights]] (ESCR) to the [[w:United Nations list of Non-Self-Governing Territories|Non-Self-Governing and Trust Territories]] and individuals, including [[w:labour rights]] and the [[w:right to health]], the [[w:right to education]], and the [[w:right to an adequate standard of living]]. (Wikipedia) | |||
== United Nations Guiding Principles on Business and Human Rights == | |||
The [[w:United Nations Guiding Principles on Business and Human Rights]] (UNGPs) were presented in 2011 and are considered to be the first global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity, and continue to provide the internationally accepted framework for enhancing standards and practice regarding business and human rights. | The [[w:United Nations Guiding Principles on Business and Human Rights]] (UNGPs) were presented in 2011 and are considered to be the first global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity, and continue to provide the internationally accepted framework for enhancing standards and practice regarding business and human rights. | ||
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# Access to remedy for victims of business-related abuses | # Access to remedy for victims of business-related abuses | ||
== Human Rights Impact Assessment == | |||
{{Q|Human Rights Impact Assessment is a process for systematically identifying, predicting and responding to the potential human rights impacts of a business operation, capital project, government policy, or trade agreement. It is designed to complement a company or government’s other impact assessment and due diligence processes and to be framed by appropriate international human rights principles and conventions.|Wikipedia|[[w:Human Rights Impact Assessment]]}} | {{Q|Human Rights Impact Assessment is a process for systematically identifying, predicting and responding to the potential human rights impacts of a business operation, capital project, government policy, or trade agreement. It is designed to complement a company or government’s other impact assessment and due diligence processes and to be framed by appropriate international human rights principles and conventions.|Wikipedia|[[w:Human Rights Impact Assessment]]}} | ||
== Ykkösketjuun == | |||
In 2018 a Finnish due diligence law project, [https://ykkosketjuun.fi/ #Ykkösketjuun] was launched to drive forward the need for a due diligence law that makes makes companies liable for unsustainable business practices <font color="green">'''also abroad'''</font>. | |||
In 2019 the new Finnish government published their program that contained the 3 following instances of the Finnish word '''"<font color="green">yritysvastuu</font>"''', which is translated to "'''<font color="green">business responsibility</font>'''". One could translate it as "liability" and in fact it does bring new liabilities for some businesses, but if you are responsible, you'll never be held liable for anything. | |||
{| | |||
!Finnish / suomeksi | |||
!Translated to English from <ref name="IL2019"/> | |||
!Commentary | |||
|- | |||
| | |||
"Suomi kehittää yhteistyössä elinkeinoelämän kanssa yritysvastuuta koskevaa sitovaa sääntelyä osana YK:n ja OECD:n puitteissa tapahtuvaa uudistamistyötä." | |||
|| | |||
"Finland, in cooperation with the [domestic] business and livelyhood [organizations], develops the regulation regarding business responsibility partaking in the reformation work at the UN and the OECD." | |||
|| | |||
|- | |||
| | |||
"Selvitetään mahdollisuutta huolellisuusvelvoitteeseen perustuvaan EU-tasoiseen yritysvastuulakiin, joka huomioi eri kokoiset yritykset ja kansainväliset arvoketjut." | |||
|| | |||
"We explore the possibility for a due diligence based EU-level business responsibility law, which takes into account different sized businesses and the international value chains." | |||
|| | |||
|- | |||
| | |||
"Tehdään selvitys, tavoitteena säätää yritysvastuulaki, joka perustuu yrityksille asetettavaan niin kotimaista kuin ulkomaista toimintaa koskevaan huolellisuusvelvoitteeseen. Selvitys tehdään elinkeino-, yrittäjä- ja palkansaajajärjestöjen kanssa ottaen erityisesti huomioon pk-yritysten aseman. Vastaavaa tavoitetta edistetään EU:ssa." | |||
|| | |||
"An exploratory investigation will be made with the aim of legislating a business responsibility law, which is based on a requirement of due diligence in both domestic and foreign operations. The investigation will be conducted in conjunction with business and livelyhood, entrepreneurs' and workers' interest groups, paying special attention to the sitations SMEs. The same goal will be advanced in the EU." | |||
|| | |||
|} | |||
== See also in Wikipedia == | |||
* [[w:International labour law]] | |||
* [[w:Corporate accountability for human rights violations]] | |||
* [[w:Labour standards in the World Trade Organization]] | |||
* [[w:List of human rights organisations]] | |||
* [[w:List of human rights articles by country]] | |||
* [[w:List of International Labour Organization Conventions]] | |||
* [[w:List of organizations that combat human trafficking]] | |||
== External links to sites combating modern slavery and human trafficking == | |||
* [https://www.a21.org/ A21 (.org)] offers various services and resources against human trafficking e.g. [https://www.a21.org/content/report-now/grbqhs#page-13359 a form to report if you think somebody may be trafficked or exploited].<ref group="1st seen in">CNN Freedom Project promoted effort</ref> | |||
* [https://www.antislavery.org/ Anti-slavery (.org)] was founded in 1839 and is the oldest international human rights organisation in the world. | |||
* [http://www.endslaverynow.org/ End Slavery Now (.org)] is a US based anti-slavery organization. | |||
* [https://www.freetheslaves.net/ Free The Slaves (.net)] liberating slaves and changing the conditions that allow slavery to persist | |||
* [https://freedomfund.org/ The Freedom Fund (.org)] is a leader in the global movement to end modern slavery. | |||
* [https://www.freedomunited.org/ Freedom United (.org)] is the world’s largest community dedicated to ending human trafficking & modern slavery. | |||
* [https://itsapenalty.org/ It's a Penalty (.org)] provides the [https://itsapenalty.org/makeareport/ Make a Report contact info database] that contains contact information for relevant officials around the world. It's a Penalty mainly focuses [https://itsapenalty.org/advocacy/ its advocacy efforts] in the [[w:Commonwealth of Nations]].<ref group="1st seen in">https://www.a21.org/content/report-now/grbqhs#page-13359</ref> | |||
* [https://labourexploitation.org/ Focus on Labour EXploitation (FLEX) (.org)] works to reduce human trafficking and labour exploitation. | |||
* [https://www.voices4freedom.org/ Voices4Freedom (.org)] is a nonprofit organization dedicated to abolishing slavery in our lifetime and focuses on freeing villages in India<ref group="1st seen in">CNN International</ref> | |||
* [https://www.walkfreefoundation.org/ The Walk Free Foundation (.org)] is a global anti-slavery organization. | |||
== External links to sites dealing with human rights in business == | |||
* [https://www.asyousow.org/ As You Sow (.org)] works in advancing shareholder advocacy and runs the [https://www.sourcingnetwork.org/ Responsible Sourcing Network (.org)] with programs on cotton, minerals and anti-slavery. | |||
* [http://www.bhrinlaw.org/ Business & Human Rights in Law (.org)] | |||
* [https://www.business-humanrights.org/ Business & Human Rights Resource Centre (.org)] runs, among other things the [https://www.modernslaveryregistry.org/ Modern Slavery Registry (.org)]. | |||
* [https://www.corporatebenchmark.org/ Corporate Human Rights Benchmark (.org)] is an in-depth benchmark made by a not for profit company, CHRB Ltd., created in 2013. It is a multi-stakeholder initiative and draws on investor, business and human rights, and benchmarking expertise from its stakeholders. Research and data is provided by [http://www.vigeo-eiris.com Vigeo Eiris (.com)], [https://www.business-humanrights.org/ Business & Human Rights Resource Centre (.org)] and [https://www.reprisk.com/ RepRisk (.com)] | |||
* [https://www.csrandthelaw.com/ Corporate Social Responsibility and the Law (.com)] | |||
* [https://www.ethicaltrade.org/ The Ethical Trading Initiative (ETI) .org] is an alliance of companies, trade unions and NGOs that promotes respect for workers' rights around the globe. | |||
* [https://www.globallivingwage.org/ Global Living Wage coalition (.org)] | |||
* [https://knowthechain.org/ KnowTheChain (.org)] is a resource for companies and investors to understand and address forced labor risks within their global supply chains. | |||
* [http://www.iradvocates.org International Rights Advocates (.org)] promotes human rights and corporate accountability through legal advocacy and capacity building. | |||
* [https://www.sedexglobal.com/ Sedex Global (.com)] provides tools for both producers and buyers to improve the responsibility of their business operations and develops the [https://www.sedexglobal.com/smeta-audit/ SMETA audit methodology] (Sedex Members Ethical Trade Audit). | |||
* [https://www.verite.org/ Verité (.org)] provides knowledge and tools to eliminate the most serious labor and human rights abuses in global supply chains. | |||
== References == | |||
{{Reflist}} | |||
== 1st seen in == | |||
<references group="1st seen in" /> |
Latest revision as of 17:42, 23 March 2022
Timeline[edit | edit source]
- In 1839 the w:Anti-Slavery International (antislavery.org) organization was founded
- In 1900 the International Association for Labour Legislation (IALL), an epistemic community was fouded
- In 1919 the w:International Labour Organization (ILO) was founded by the w:League of Nations, which was superseded by the UN
- In 1976 the International Covenant on Economic, Social and Cultural Rights came into effect
- In 1976 the w:OECD Guidelines for Multinational Enterprises were adopted by the w:OECD. The guidelines have been revised in 1979, 1982, 1984, 1991, 2000 and 2011.
- In 1998 the w:Declaration on Fundamental Principles and Rights at Work was declared by ILO.
- In 1992 the w:International Programme on the Elimination of Child Labour was created by the ILO.
- In 1999 the w:United Nations Global Compact, a non-binding United Nations pact to encourage businesses worldwide to adopt sustainable and socially responsible policies, and to report on their implementation was announced.
- In 2011 the United Nations Guiding Principles on Business and Human Rights (UNGPs) were adopted
- In 2015 the w:Modern Slavery Act 2015 was enacted in the UK. An amendment called 'Transparency in Supply Chain Provisions' was added that requires UK companies whose turnover exceeds £36 to publicly submit a HRDD report or alternatively state that they haven't done HRDD.
- In 2016 the TISCReport.org was launched. It is the World's largest Open Data Register committed to ending Modern Slavery and supply chain labour abuses, by joining up Transparency In Supply Chains (TISC) reporting globally.
- In 2016 the German National Action Plan for the implementation of the UNGPs for 2016-2020 is published. The Green Party supports a motion calling for HRDD obligations and in 2017 the SPD includes HRDD in their electoral program.[1]
- In 2017 the lower house of the Dutch parliament adopted the Child Labour Due Diligence Bill, but it is yet to pass in the Senate. When it passes it will become legally binding on January 1 2020.[2][3][4]
- In 2019 New government of Finland takes the task into its program to make a business responsibility law.from [5]
Sites to help avoid human rights risks[edit | edit source]
- TraffikAnalysis.org anti-trafficking data hub by StopTheTraffik.org and IBM
- FRDM.co offers for-a-fee services that find and fix risks in supply chains
Human rights due diligence[edit | edit source]
Human rights due diligence or HRDD means giving w:due diligence to the w:human rights aspects of your planned operation.
“Due diligence is an investigation of a business or person prior to signing a contract, or an act with a certain w:standard of care.”
International Covenant on Economic, Social and Cultural Rights[edit | edit source]
The w:International Covenant on Economic, Social and Cultural Rights is a multilateral treaty approved by the UN General Assembly. It came into force in 1976 and it commits its parties to work toward the granting of w:economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including w:labour rights and the w:right to health, the w:right to education, and the w:right to an adequate standard of living. (Wikipedia)
United Nations Guiding Principles on Business and Human Rights[edit | edit source]
The w:United Nations Guiding Principles on Business and Human Rights (UNGPs) were presented in 2011 and are considered to be the first global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity, and continue to provide the internationally accepted framework for enhancing standards and practice regarding business and human rights.
The UNGPs encompass three pillars outlining how states and businesses should implement the framework:
- The state duty to protect human rights
- The corporate responsibility to respect human rights
- Access to remedy for victims of business-related abuses
Human Rights Impact Assessment[edit | edit source]
“Human Rights Impact Assessment is a process for systematically identifying, predicting and responding to the potential human rights impacts of a business operation, capital project, government policy, or trade agreement. It is designed to complement a company or government’s other impact assessment and due diligence processes and to be framed by appropriate international human rights principles and conventions.”
Ykkösketjuun[edit | edit source]
In 2018 a Finnish due diligence law project, #Ykkösketjuun was launched to drive forward the need for a due diligence law that makes makes companies liable for unsustainable business practices also abroad.
In 2019 the new Finnish government published their program that contained the 3 following instances of the Finnish word "yritysvastuu", which is translated to "business responsibility". One could translate it as "liability" and in fact it does bring new liabilities for some businesses, but if you are responsible, you'll never be held liable for anything.
Finnish / suomeksi | Translated to English from [5] | Commentary |
---|---|---|
"Suomi kehittää yhteistyössä elinkeinoelämän kanssa yritysvastuuta koskevaa sitovaa sääntelyä osana YK:n ja OECD:n puitteissa tapahtuvaa uudistamistyötä." |
"Finland, in cooperation with the [domestic] business and livelyhood [organizations], develops the regulation regarding business responsibility partaking in the reformation work at the UN and the OECD." |
|
"Selvitetään mahdollisuutta huolellisuusvelvoitteeseen perustuvaan EU-tasoiseen yritysvastuulakiin, joka huomioi eri kokoiset yritykset ja kansainväliset arvoketjut." |
"We explore the possibility for a due diligence based EU-level business responsibility law, which takes into account different sized businesses and the international value chains." |
|
"Tehdään selvitys, tavoitteena säätää yritysvastuulaki, joka perustuu yrityksille asetettavaan niin kotimaista kuin ulkomaista toimintaa koskevaan huolellisuusvelvoitteeseen. Selvitys tehdään elinkeino-, yrittäjä- ja palkansaajajärjestöjen kanssa ottaen erityisesti huomioon pk-yritysten aseman. Vastaavaa tavoitetta edistetään EU:ssa." |
"An exploratory investigation will be made with the aim of legislating a business responsibility law, which is based on a requirement of due diligence in both domestic and foreign operations. The investigation will be conducted in conjunction with business and livelyhood, entrepreneurs' and workers' interest groups, paying special attention to the sitations SMEs. The same goal will be advanced in the EU." |
See also in Wikipedia[edit | edit source]
- w:International labour law
- w:Corporate accountability for human rights violations
- w:Labour standards in the World Trade Organization
- w:List of human rights organisations
- w:List of human rights articles by country
- w:List of International Labour Organization Conventions
- w:List of organizations that combat human trafficking
External links to sites combating modern slavery and human trafficking[edit | edit source]
- A21 (.org) offers various services and resources against human trafficking e.g. a form to report if you think somebody may be trafficked or exploited.[1st seen in 1]
- Anti-slavery (.org) was founded in 1839 and is the oldest international human rights organisation in the world.
- End Slavery Now (.org) is a US based anti-slavery organization.
- Free The Slaves (.net) liberating slaves and changing the conditions that allow slavery to persist
- The Freedom Fund (.org) is a leader in the global movement to end modern slavery.
- Freedom United (.org) is the world’s largest community dedicated to ending human trafficking & modern slavery.
- It's a Penalty (.org) provides the Make a Report contact info database that contains contact information for relevant officials around the world. It's a Penalty mainly focuses its advocacy efforts in the w:Commonwealth of Nations.[1st seen in 2]
- Focus on Labour EXploitation (FLEX) (.org) works to reduce human trafficking and labour exploitation.
- Voices4Freedom (.org) is a nonprofit organization dedicated to abolishing slavery in our lifetime and focuses on freeing villages in India[1st seen in 3]
- The Walk Free Foundation (.org) is a global anti-slavery organization.
External links to sites dealing with human rights in business[edit | edit source]
- As You Sow (.org) works in advancing shareholder advocacy and runs the Responsible Sourcing Network (.org) with programs on cotton, minerals and anti-slavery.
- Business & Human Rights in Law (.org)
- Business & Human Rights Resource Centre (.org) runs, among other things the Modern Slavery Registry (.org).
- Corporate Human Rights Benchmark (.org) is an in-depth benchmark made by a not for profit company, CHRB Ltd., created in 2013. It is a multi-stakeholder initiative and draws on investor, business and human rights, and benchmarking expertise from its stakeholders. Research and data is provided by Vigeo Eiris (.com), Business & Human Rights Resource Centre (.org) and RepRisk (.com)
- Corporate Social Responsibility and the Law (.com)
- The Ethical Trading Initiative (ETI) .org is an alliance of companies, trade unions and NGOs that promotes respect for workers' rights around the globe.
- Global Living Wage coalition (.org)
- KnowTheChain (.org) is a resource for companies and investors to understand and address forced labor risks within their global supply chains.
- International Rights Advocates (.org) promotes human rights and corporate accountability through legal advocacy and capacity building.
- Sedex Global (.com) provides tools for both producers and buyers to improve the responsibility of their business operations and develops the SMETA audit methodology (Sedex Members Ethical Trade Audit).
- Verité (.org) provides knowledge and tools to eliminate the most serious labor and human rights abuses in global supply chains.
References[edit | edit source]
- ↑ http://www.bhrinlaw.org/key-developments/59-germany
- ↑ http://www.bhrinlaw.org/key-developments/66-netherlands
- ↑ https://www.csrandthelaw.com/2017/08/24/proposed-dutch-legislation-on-child-labor-due-diligence-what-you-need-to-know/
- ↑ https://www.mvoplatform.nl/en/frequently-asked-questions-about-the-new-dutch-child-labour-due-diligence-law/
- ↑ 5.0 5.1 https://www.iltalehti.fi/politiikka/a/6acab288-15ca-4d51-b087-1e34ca4be30f
1st seen in[edit | edit source]
- ↑ CNN Freedom Project promoted effort
- ↑ https://www.a21.org/content/report-now/grbqhs#page-13359
- ↑ CNN International