DIPLOMACY TRAINING PROGRAM
AFFILIATED WITH THE FACULTY OF LAW AT THE UNIVERSITY OF NEW SOUTH WALES
A training program for peoples of the Asia-Pacific region
March 26, 2012
Office of the United Nations
High Commissioner for Human Rights
c/o Lene Wendland
Research and Right to Development Division
OHCHR,
CH-1211 Geneva 10,
Switzerland
Subject: Submission on UN’s call for input on Business and Human Rights and the UN System – Human Rights Council Resolution 17/4
Dear Ms Wendland,
The Diplomacy Training Program (DTP) welcomes the call for input on “how the United Nations system as a whole, including programmes and funds and specialized agencies, can contribute to the advancement of the business and human rights agenda and the dissemination and implementation of the Guiding Principles, addressing in particular how capacity building of all relevant actors to this end can best be addressed within the United nations system…”
The Diplomacy Training Program is an independent NGO that builds the capacity of human rights defenders to advocate effectively for the application of international human rights standards. It was established in 1989 by Nobel peace prize winner Jose Ramos-Horta and is affiliated with the Faculty of Law at the University of New South Wales in Sydney. Since 1990, DTP has provided practical human rights advocacy training to over 2000 human rights defenders and community advocates across the Asia-Pacific region.
In 2006, the Diplomacy Training Program, responding to needs identified by its participants and human rights defenders in the region, introduced a new regional capacity building program on human rights and business. The DTP’s focus on capacity-building on the business and human rights theme coincided with Professor John Ruggie’s appointment as UN Special Representative of the Secretary General on Human Rights and Business. One aim of the program was to build the capacity of advocates and NGOs in the Asia-Pacific region to play a more active role in engaging with international policy dialogue on these issues.
The program has since been held in different locations across the Asia-Pacific region every year since 2006. In each year DTP’s course has included content on the emerging UN Human Rights Framework (The Guiding Principles) on Human Rights and Business and built collaboration with the UN and engaged business in these programs.
The Guiding Principles respond to a growing recognition of the relationship between human rights and business that has emerged in the context of economic globalization and the need for business to respect internationally agreed standards of human rights. The extent to which the UN Framework on Business and Human Rights will provide an effective response, will depend significantly on the extent to which the UN system is able to promote the application of the framework, in collaboration with government, business and civil society, The Diplomacy Training Programs recognizes that this represents a major challenge, including in determining the strategic use of limited resources.
Application of the Guiding Principles calls for capacity building within the UN system, governments and business. It also calls for effective collaboration between the UN and different parties and stakeholders, as well as national human rights institutions and regional human rights mechanisms so that the UN Guiding Principles can be incorporated in their strategies and work plans.
It is in this context that the Diplomacy Training Program makes the following suggestions and recommendations, based on its experience of capacity building, working with the UN system and with civil society, governments and business for the promotion and realization of human rights.
Capacity Building and Guidance on Application of the Guiding Principles in the UN Human Rights System:
· The Universal Periodic Review Process (UPR) provides largely unfulfilled potential for dialogue and review of the State’s duty to protect human rights in relation to the conduct of corporations, and policy cohesion of states in relation to trade and investment agreements, export credit agencies and regulation of corporations. Model guidance for States, OHCHR and stakeholders could usefully be prepared to help ensure these issues are addressed in the preparation of reports for the UPR process, and the review itself.
· UN Treaty Bodies. It is notable that in recent years some of the UN Human Rights Treaty Bodies have begun to raise issues connected with the conduct of corporations, focusing on the state duty to protect. If it is not already planning to do so, the UN Working Group on Business and Human Rights is encouraged to engage with the UN Treaty Bodies:
o through Annual Meetings with the Committees and/or through inclusion of the UN Guiding Principles on Business and Human Rights on the agenda of The Annual Meeting of Chairpersons of Human Rights Treaty Bodies
o Develop guidance from the Treaty Bodies on the responsibilities of states as outlined in the Guiding Principles for the preparation of state party initial and periodic reports reflecting the content of the Guiding Principles, including the need for policy coherence across government agencies. Such guidance should be incorporated into the UN Manual on Human Rights Reporting and include content on both process (consultation involving business and civil society) and content.
o Dialogue with the UN Treaty Bodies could raise the possible value of developing General Comments that could relate the Guiding Principles to the implementation of specific Treaties and to concluding observations. As an example the Diplomacy Training Program notes the need to engage with government and business on how the Guiding Principles might apply to international labour migration and migrant workers.
· UN Special Procedures. The UN Working Group is encouraged to explore the possibility of organising a day-long discussion with other UN Special Procedures focused on the UN Guiding Principles on Business and Human Rights with a view to exploring specific thematic and country issues relevant to application of the Guidelines. Consideration could be given to developing a set of model recommendations calling for application of the Guiding Principles that would/could be adapted by the Special Procedures. There may be particular country situations, such as Myanmar presently, where the UN Special Procedures could play a particularly strategic role in dissemination of, and dialogue on, application of the Guiding Principles.
· Expert Mechanism on the Rights of Indigenous Peoples. The UN Working Group should seek dialogue with the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) to discuss the impact of businesses on Indigenous peoples. The UN Working Group should support EMRIP in producing studies on the theme of business and human rights and Indigenous peoples’ rights (in particular Indigenous peoples’ rightto free, prior and informed consent as it relates to business activities that will affect indigenous peoples' rights. EMRIP could be requested to provide advice to the Human Rights Council on how States and corporations can apply the UN Guiding Principles on Business and Human Rights to ensure businesses respect Indigenous peoples’ rights.
· Office of the High Commissioner for Human Rights. It is recommended that the UN Working Group explore with OHCHR the development of a training package on the Guiding Principles to be delivered to OHCHR staff, including OHCHR Field Offices.
Capacity Building and Guidance on Application of the Guiding Principles in the UN System:
· Given the impact of the extractive sectors on Indigenous peoples in particular it is suggested that the UN Working Group liaise with members of the UN Permanent Forum on Indigenous Issues (UNPFII) to explore further collaboration on promotion and application of the Guiding Principles to the way business engages with and impacts on Indigenous peoples. The UN Working Group could explore with UNPFII, EMRIP and OHCHR the value of having a specific focus on the Guiding Principles in regard to Indigenous peoples issues in the 2014 UN World Conference on Indigenous Peoples.
· Request the UN Institute of Training and Research (UNITAR) to develop training modules on the Guiding Principles and conduct training packages for UN staff and others. Initiate discussions with UNITAR on how best to include content on the Guiding Principles in existing training courses/modules.
· Request UN agencies to disseminate the UN Guiding Principles on Business and Human Rights to their contractors and service providers.
· Initiate dialogue with UNDP and UN Specialized Agencies on how the Guiding Principles can be incorporated into Common Country Assessments and the UN Development Assistance Frameworks (UNDAF), recognizing the role that the private sector plays in relation to human rights and development in many societies.
· The UN Working Group could develop specific advice on application of the Guiding Principles for UN Country Teams and Offices in post-conflict situations, given the heightened likelihood of negative human rights impacts in situations of weak governance
· The UN Working Group could build on dialogue with the International Labour Organisation (ILO) for effective dissemination of the Guiding Principles through its tri-partite processes.
· To the extent that resources allow the UN Working Group should progressively seek dialogue with each of the UN Specialized Agencies with a view to encouraging and enabling these agencies to develop targeted strategies of dissemination and capacity building on the Principles. For example the Food and Agriculture Organisation (FAO) should seek to apply the Guiding Principles in its work on global food security and for FAO to promote and disseminate and seek application of the Guiding Principles with corporations in the agriculture sector.
Capacity Building and Guidance of Application of the Guiding Principles to Stakeholders
· The UN Working Group should explore with key stakeholders the development of strategic partnerships for dissemination and capacity building on the Guiding Principles in relation to key sectors and regions.
· At the country level, UN Resident Representatives and Country Teams should be encouraged and enabled to engage with civil society and business organizations, and other bilateral and multilateral development agencies to disseminate the Guiding Principles and develop strategies for their application.
· Existing avenues of professional learning and communication such as the Human Rights Talk e-network that facilitates the sharing of experience, knowledge and best practice could be utilized for dissemination of the Guiding Principles and feedback and learning on their application.
· The UN Working Group and OHCHR should explore the possibility of engaging with key stakeholders for one or more pilot studies of applying the Guiding Principles at a country level with a view to developing practical guidance on application of the Guiding Principles.
· It is suggested that a Voluntary Fund be established that would enable funding of initiatives and activities at the country, regional and international level that could enable capacity building, and the development of practical guidance on application of the Guiding Principles. A number of existing UN Voluntary Funds provide possible models.
The Diplomacy Training Program recognizes the scale of the challenge facing the UN Working Group and the Office of the High Commissioner for Human Rights, and also the importance of this work for the realization of human rights, and acknowledges the limited resources available to the UN Working Group and OHCHR.
It is clear from our own work in this area that there is a need to build knowledge and skills and to continue to build opportunities for government, business and NGOs to develop familiarity with the Guiding Principles and how they can be applied.
The Diplomacy Training Program would be pleased to assist and work with OHCHR and the UN Working Group in meeting this challenge - through collaboration on capacity building programs, dissemination of the Guiding Principles and information from the UN Working Group and OHCHR to its alumni and networks in the region, and encouraging a dialogue with stakeholders in the region.
Thank you for the invitation to contribute to this process and we look forward to further opportunities to engage in this area.
Yours sincerely,
Patrick Earle
Executive Director
Diplomacy Training Program
Faculty of Law, UNSW Sydney 2052
Email:
DIPLOMACY TRAINING PROGRAM LTD
The University of New South Wales
UNSW SYDNEY NSW 2052
ABN 31 003 925 148
Tel: +61 (2) 9385 3549 Fax: +61 (2) 9385 1778
Email: http://www.dtp.unsw.edu.au/