To: The UN Working Group on the Issue of Human Rights, Transnational Corporations
and Other Business Enterprises
Re: Concept and Discussion Note for Consultation with Stakeholders on 10 May 2012
The UN ‘Protect, Respect and Remedy’ Framework and the Guiding Principles on Business and Human Rights set out global standards for addressing the adverse impacts of business activities on human rights. They aim to enhance practice on the part of private sector actors, states and other governance bodies, contribute to the protection of human rights and further social sustainability. Both the Framework and the Guiding Principles have been widely accepted as authoritative formulations of obligations and expectations in the field of business and human rights.
Despite the broad consensus behind their adoption and the initial successes in their uptake, it is important to note that the Framework and its accompanying principles are part of a process that is only at a nascent stage. Both standards and guidance leave scope for much needed elaboration and efforts must be geared towards addressing existing gaps and ambiguities. Tackling outstanding questions is likely to contribute to the effective implementation of the Framework and the Guiding Principles.
The Forum presents the Working Group with a key opportunity to pursue multi-stakeholder dialogue, identify effective modalities for ensuring the comprehensive uptake of the Framework and adjust its working programme in line with needs and realities on the ground. The first annual forum, in particular, is essential for demonstrating to the international community, affected groups and their representatives that the Working Group is aware of and receptive to existing concerns as well as committed to pursuing a strategy that would meaningfully build on previous SRSG work.
Against this backdrop, International Alert would like to propose that the convening in December 2012 revolve around the concrete theme of business and human rights in zones of conflict. The focus on conflict is dictated by the unique difficulties of human rights protection in areas of volatility. Weak or repressive structures in host states can impede the effective realisation of both individual and collective rights, as well as hinder good corporate practice. Conflict zones thus pose a range of implementation challenges, which place an exceptional burden on business and necessitate highly creative approaches to solution.
Bearing the above in mind, we suggest that the first annual forum be geared towards:
1)Discussing the distinctive challenges of implementation that arise in conflict-affected
environments with regard to both states and companies;
2)Developing more detailed guidance for company operations in conflict zones, particularly in circumstances where states are either unable or unwilling to protect human rights;
3)Identifying modalities through which home states can support host states in effectuating their duty to protect human rights from business-related activities.[1]
Given the methodological constraints of the forum, we propose that the two-day event incorporate three sessions, each revolving around one of the objectives identified above. The fourth session can subsequently take stock of discussions and chart the way forward. It is imperative that discussions effectively reflect community perspectives, so as to ensure that any strategies and activities that may emerge from the forum correspond to realities on the ground. Break-out sessions can provide interested stakeholders with an opportunity to develop and jointly put forward ideas for collaborative action with regard to particular sectors or in relation to specific rights.
To facilitate the participation of a broad spectrum of stakeholders, we suggest that the Working Group coordinate with relevant bodies within the broader UN system, such as country missions and Global Compact local networks, to publicise the convening. We also urge the Working Group to consider establishing a funding mechanism, drawing upon UN resources (if available)or soliciting donations from companies and governments to assist with the participation costs of rights-holders as well as representatives of grass-roots and community organisations.
International Alert, 26 April 2012
1
[1]As an extension of the SRSG’s earlier initiative aimed at discussing and identifying options for state responses to the risk of corporate human rights violations in conflict contexts. A/HRC/17/32, 27 May 2011.