“Human Rights: Obligations and guidance for business and governments in conflict zones”
Statement by Ambassador Juerg Lauber
Federal Department of Foreign Affairs
at side event “Business’ human rights responsibilities in conflict zones:Standards, tools and perspectives”
Hosted by the Business & Human Rights Resource Centre
With the support of the Swiss Federal Department of Foreign Affairs
Genève, Palais des Nations: May 31, 2010
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The mandate of the Special Representative for business and human rights, is meant to identify ways and means for states and companies to prevent, mitigate and redress corporate related human rights harm.
John Ruggie’s 2008 report to the Human Rights Council is well known for its overall policy framework based on three pillars:
1)the state duty to protect against human rights abuse by third parties, including business, through appropriate policies, regulation, and adjudication;
2)the corporate responsibility to respect human rights, which in essence means to act with due diligence to avoid infringing on the rights of others; and
3)greater access for victims to effective remedies in case of human rights abuse by third parties, including business.
The most egregious business related human rights abuse takes place in conflict zones. Human rights abuse frequently sparks or heightens conflict, and conflict in turn often leads to further human rights abuse.
Yet, it is still unclear, if the general corporate responsibility to respect human rights goes beyond the mere negative duty to do no harm. Similarly, it is still not clear, if corporate human rights due diligence in conflict situations is higher.
Finally, the role of governments and its obligation to protect is still unclear in conflict contexts. What is the actual role and capabilities of a government engaged in conflict, hosting international business as means of foreign direct investment, and in the same time not able to properly regulate corporations, because the rule of law is compromised and governmental functions are almost absent? What are the roles and necessary policies of home governments to ensure respect for human rights by corporations having their headquarters in their jurisdiction but operating internationally, including investment and business in conflict zones?
These questions need to be addressed and discussed and answers are pressing.
Switzerland therefore engaged with the Special Representative John Ruggie in order to support his mandate, focusing on the questions I just mentioned. We believe that when addressing these questions it is very important to provide structured information, transparency and a platform for discussion. Building on our successful cooperation with the Business and Human Rights Resource Centre in London and the establishment of the “Ruggie Portal”, we encouraged and financed the development of a new “Conflict Portal”, which will provide a virtual discussion space and be officially launched today.
In addition, Switzerland would like to strengthen the discussions within the different pillars of the Ruggie framework. We therefore among others initiated and still support the work of the Governmental Conflict Group, discussing with Special Representative Ruggie and his team State obligations related to human rights violations by business entities in conflict zones.
Furthermore, Switzerland recently joint the Voluntary Principles on Security and Human Rights and developed together with NGOs, projects introducing human rights issues within the Kimberley Process and a regional certification scheme on natural resources in the Great Lakes Region. While Switzerland has almost no own extractive industries, some headquarters of such companies are registered in Switzerland. Moreover, Switzerland has become one of the leading markets for trading in commodities.
The example of the Voluntary Principles suggests that the further development of standards how to respect human rights by business is as dependent as ever on reporting, transparency and disclosure about human rights practices by corporations.Switzerland has worked with the International Finance Corporation, the World Bank, the Global Compact as well as banks and institutional investors to lay down principles for sustainable and human rights based investment in the framework of the “Who Cares Wins” project. Together with the Global Compact and the Principles on Responsible Investment, we are presently drawing up recommendations for sustainable and human rights based commodity trading.
When it comes to the corporate responsibility to respect human rights, we support the work of the Institute on Human Rights and Business. The Institute currently holds regional workshops with international and national corporations, developing due diligence standards out of their experience in pre conflict, conflict or post conflict situations.
Finally, the Swiss Initiative on Private Military and Security Corporations should be mentioned in this regard. Many governmental and non-governmental institutions in conflict zones depend on services of the private security industry.
Switzerland, together with a peer group of industries, NGOs and governments currently develops a Code of Conduct for private security providers. Based on human rights and international humanitarian law, this code of conduct will set up common human rights standards, to be respected by the security industry. In addition, after the adoption of the Code of Conduct it is planned to create a governance body, responsible for among others developing training and management manuals, including a sector specific human rights impact assessment. Most importantly, and this is based on John Reggie’s third pillar, the need of a grievance mechanism, the Code of Conduct aims to establish an International Accountability Mechanism.
I am looking forward to interesting presentations and discussion. Thank you very much!
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