icc working group on Business and Human Rights[1]
Draft Record of Decisions and Meeting Highlights
Amman, Jordan
8 November 2012
The ICC Working Group on Business and Human Rights (the Working Group)
met on the sidelines of the 11th International Biennial Conference
of National Human Rights Institutions held in November 2012 in Amman, Jordan.
Participating Member Institutions
Africa
· Mr. Marshal Chilenga, Commissioner, Malawi Human Rights Commission
Americas
· Mr. David Langtry, Acting Chief Commissioner, Canadian Human Rights Commission (Chair)
· Ms. Myriam Montrat, Director General, Discrimination Prevention Branch, Canadian Human Rights Commission (Chair)
· Mr. Larry Devoe, Director of Legal Services, Ombudsman of Venezuela
Asia-Pacific
· Commissioner José Manuel S. Mamauag, National Human Rights Commission of the Philippines
· Ms. Jacqueline Mejia, Executive Director, National Human Rights Commission of the Philippines
· Mr. Yunkul Jung, Chief International Human Rights Team, National Human Rights Commission of the Republic of Korea
Europe
· Mr. Michael Windfuhr, Deputy Director, German Institute of Human Rights
· Dr. Claire Methven O’Brien, Special Advisor, Human Rights and Business, Danish Institute for Human Rights
ICC Chair
· Dr. MousaBurayzat, Commissioner General, Jordan National Centre for Human Rights and ICC Chair
Regrets
Ghana Commission on Human Rights and Administrative Justice
1. Opening Remarks- Highlights
In opening the meeting the Chair conveyed that the informal Working Group meeting held on 5 September 2012 had allowed the Working Group to further advance its agenda and so accommodate the half day side event along with this day’s afternoon meeting.
The members who began two year terms effective 15 August 2012 were welcomed including the Danish Institute for Human Rights (DIHR), which replaced the Scottish Commission; the Malawi Commission, which replaced the Kenyan Commission; and the Ombudsman of Venezuela, re-appointed by the Americas for a renewed term.
2. Agenda Review and Adoption
The agenda was reviewed and adopted.
3. Review and Adoption of 23 March and 5 September 2012 Meeting Records
The draft meeting records were approved with one correction.
Action: The 23 March 2012 Meeting Record will be changed to read Under Section 8.1 “Denmark: to August 2012 as Past Chair”.
4. ICC Bureau Report
The Chair presented a verbal report on Working Group activities against the ICC Operational Plan to the ICC Bureau at its meeting on 5 November 2012. The Bureau received the report without amendment.
Action: The Bureau was advised that the Working Group will be seeking its endorsement of the Fact Sheets at the May 2013 meeting.
5. Debrief of BHR Side Event
It was noted that a Working Group discussion and feedback relating to the side event will be useful in planning future side events.
The roundtable discussion was positive and included such points as the importance to continue holding side events. It was noted that side events are an opportunity to engage NHRIs and organisations; valuable in maintaining a dialogue in relation to shared experiences; and a useful platform for disseminating information.
It was agreed that future side events should limit the number of speakers so as to optimise the time allotted for interactive discussion.
It was noted that there are expectations that the Working Group take on the role of capacity builders and trainers and that the Working Group should reintroduce themselves to new and developing NHRIs. It was proposed however that the Working Group act as catalysts and that accountability rest with regional coordinating committees and individual NHRIs.
It was also suggested that future Working Group meetings consist of two parts: (1) presentation of a NHRI case study for discussion, which could lead to a Proven Practice note, followed by (2) a business meeting of the Working Group.
OECD Memorandum of Understanding (MOU)
The importance of acting on the OECD MOU was raised. A brief review of the text was given and it was proposed to the Working Group that members begin to consider ideas for joint activities to pursue with the OECD, such as BHR training or BHR workshops to which government, labour, business, NHRIs, and others could be invited as a forum for dialogue.
Labour, business and non-governmental organizations (NGOs) have procedural rights associated with their formal participation in the OECD. Lack thereof for NHRIs was discussed. It was noted that participation enables access to resources and documents. Complaints made about companies from OECD countries in host countries can be referred to National Contact Points (NCPs) and NHRIs can play a role.
It was also noted that there is an absence of an explicit mention of indigenous peoples in the Guidelines and that the Working Group is well positioned to continue to advocate and push on this and other thematic issues, e.g. relating to international standards that OECD member states adhere to.
At the country level, the German Institute shared that it was planning a joint activity for next year that would incorporate the OECD Common Approaches (guidelines for export credit agencies). This is similar to what it did at the national level with the German UNGC Local Network given their cooperation agreement. It was suggested that the role of NHRIs within NCPs merits further reflection and attention.
Action: As the OECD MOU is on the agenda for the May 2013 Working Group meeting, Working Group members were asked to begin thinking about these issues and familiarising themselves with the OECD MOU in preparation for a detailed discussion.
Action: A signed copy of the agreement will be circulated by the Working Group Chair to all Working Group members.
6. NHRI-BHR Fact Sheets and Practical Follow-Up
Working Group members were invited to comment on the three completed Fact Sheets[2] and to update the group on the progress of the remaining Fact Sheets[3].
While not everyone had a chance to review each of the three completed Fact Sheets it was agreed that changes could be made anytime in advance of the seeking Bureau approval in May 2013.
It was also agreed to place the ICC Logo onto the fact sheet once the Bureau approves them. Individual NHRIs are being given credit at the end of each fact sheet.
It was decided that the package to NHRIs will convey that the Working Group is seeking ICC Bureau member comments rather that suggesting that every NHRI comment. It will be open to Bureau members/ Regional Chairs to seek comments from their member NHRIs should they wish.
It was confirmed that drafts of the remaining Fact Sheets would be forthcoming for Working Group consultation.
7. NHRI-BHR Training and Practical Follow-Up
At the September 2012 meeting, DIHR had agreed to see what they could present to Working Group members for review so that the Working Group could in turn speak to the NHRI-BHR training at the UN Forum in December.
The Working Group was updated on the draft training and told that it would be completed by the end of December 2012. The draft package will include a manual, and resource workbook and regional supplements appropriate for a week-long training session. To date the draft is currently 60 pages in length.
It was also noted that in addition to the general training being developed, the Working Group should consider how to increase peer support, and whether to develop issue and sector specific training.
The Philippines Commission shared an update of the sub region for South East Asia, noting that there is a need for capacity building training for the six NHRI-BHR focal points.
Action: It was suggested that the Working Group hold a session at ICC 26 to inform NHRIs of the training and to further discuss capacity building.
Action: NHRI training will be placed on the May 2013 Working Group meeting agenda.
Action: The development of a guide for the German UN Global Compact that assists businesses in complying with human rights was described. The German Institute offered to have the guide translated and to share it with Working Group members.
8. BHR Section of the ICC Website & Compendium of Proven Practices
Working Group members agreed at the 5 September meeting to prepare at least one, if not two, case studies for posting on the ICC Website. A template was circulated for Working Group input.
Action: Working Group members are to provide any additional comments to the Chair concerning the template by email. Working Group members are to submit their case studies for posting on the BHR section of the ICC website. In parallel, the Chair will be sending out the call through the Regional Chairs to all NHRIs to solicit case studies.
It was confirmed that the page may welcome proven practice material from other NHRIs, regardless of format – for instance the fact sheets from Mongolia and NHRI recommendations to Governments.
9. Practical Follow Up on the FAO Voluntary Guidelines
It was advised that money will be available from states to finance the application and use of the guidelines and that a meeting will take place in Berlin on 20 November 2012 to discuss the preparation of checklists for how to apply the guidelines. This meeting will also serve to explore options around supporting training at the regional levels. The German Institute will update the Working Group on the meeting outcomes.
10. December 2012 UN Annual Forum on Business and Human Rights
The first annual multi-stakeholder UN Forum is being held on 4-5 December 2012 in Geneva. The Working Group had last agreed to discuss a strategy as to its presence and contributions (including BHR fact sheets, for instance) at the Forum.
NHRIs are currently featured in three slots on the agenda:
1. NHRI European Regional Chair/ Scottish NHRI- Alan Miller is facilitating a session on 4 December on the State Duty to Protect, and has invited Claire Methven O’Brien to contribute as a panellist;
2. the Working Group Chair is participating in a session on 5 December entitled ‘Developing an Agenda for Comprehensive Capacity Building to Advance Implementation of the UN Guiding Principles’; and
3. the Working Group Chair has engaged on behalf of the Working Group with the Francophone Association of NHRIs to deliver a joint workshop from 15.30-18.00 on 3 December 2012 on NHRI practices in disseminating and implementing the UN Guiding Principles.
It was clarified that the AFCNDH was leading the organization of the side event and that the Working Group was co-developing the agenda with the AFCNDH.
Action: A draft Terms of Reference for the side event will be circulated to Working Group members for information and input.
The Working Group was invited to confirm whether their institutions or other NHRIs would be attending this Forum; what the most important messages would be for the Working Group to relay; and what else the Working Group could do to advance the profile of NHRIs at the Forum.
Discussion Highlights
It was agreed that the ICC Chair Dr. MousaBurayzat should attend the Forum and have a prominent role, in part to signal the ICC’s support to BHR and the UN Working Group.
Concern was expressed that no UN Working Group member had attended a BHR event and the need for this to happen.
Action: It was noted that the Working Group needs to engage relevant parties further to raise their awareness around the role of NHRIs, including in relation to domestic knowledge and expertise, and to impress upon the capacity building needs of NHRIs.
As to the 3 December side event, there was consensus that there would need to be strategic thinking and messaging. It was suggested to report on the international strategic action plan; focus on either pillar two or three of the Ruggie Framework; and/or highlight a specific issue such as recommendations for legislative change or another thematic issue.
It was agreed that Dr. Burayzat would speak to the regional action plans in his statement at the Forum.
Action: It was also agreed that a letter would be drafted and sent in advance of the UN Forum to the UN Working Group to convey NHRI attention and interest.
It was brought to the attention of the Working Group, that Mr. Pavel Sulyandziga, the Russian member and next Chair of the UN Working Group, is actively involved in indigenous rights and will be visiting the German Institute on 23 November 2012. He is seeking funds from the Government for a study on BHR and indigenous people.
A meeting in Copenhagen also recently drew on the UN Expert Mechanism on Indigenous Persons’ Rights.
Action: It was suggested that the Working Group could do something in 2013 to focus on NHRI work with indigenous rights. It was mentioned that the Working Group should achieve outcomes and seek ways to contribute on this issue and suggested that members think what the Group could do within the next six months. It was noted that none of the Working Group outputs have touched on this issue to date. It was also suggested that members could gather practices from NHRIs in order to develop possible tools.
Action: The Working Group Chair will circulate a strategy and key messaging for the UN Forum itself for consideration and input by members.
11. ICC26 in May 2013 and Next ICC Working Group on BHR Meeting
It is proposed that the next meeting be held on 9 May 2013, which is on the margins of ICC26, scheduled for 6-8 May 2013. The Working Group will hold a teleconference call In the meantime if deemed appropriate.