icc working group on Business and Human Rights
Minutes of Meeting/Telecon, 2 November 2009
Rabat, Morocco
1.Attendance
A list of participants in the meeting / telecon is attached in Annex I. Participation of those attending by telecon was disrupted throughout by technological problems and lack of simultaneous interpretation.
2.Agenda
The draft agenda for the meeting was approved by those present. It was registered that the Agenda and papers for the meeting were not delivered in advance according to the schedule agreed in Copenhagen at the Working Group’s first meeting. The Working Group Chair apologized for this and undertook best efforts to ensure this would not recur.
3. Working Group Chair’s report
Dr. Christoffersen confirmed that he would hold the office of Chair of the Working Group on behalf of the Danish Institute for Human Rights, and Dr. Methven O’Brien would act as Coordinator of the Working Group with responsibility for the Secretariat function of the Chair.
The Working Group Chair indicated that in his view the Working Group should have two main focus points in the months running up to the 2010 ICC Conference on Business and Human Rights to be held in Edinburgh in October next year. These were i) the issue of NHRI mandate – and the need to ensure that all NHRIs enjoy a mandate adequate to ensuring the effectiveness of all human rights in the corporate sphere; and ii) securing a proper and adequate input from NHRIs collectively with regard to the mandate of the UN Special Representative on Business and Human Rights.
The Working Group Chair noted that, following the requirements of the ICC Bureau’s March 2009 decision, an Interim Report had been delivered on behalf of the Working Group to the ICC Bureau meeting on 1 November by Dr. Methven O’Brien. The Interim Report would be posted on NHRI.net following the current Working Group meeting.
Translation of Working Group documents
On the outstanding issue of translation of Working Group materials into ICC working languages, the Chair of the Working Group further indicated that, in accordance with ICC Bureau practice, and as a result of resource constraints, the Working GroupChair would undertake to provide emails to Working Group members in French and Spanish, but the task of providing translations into French and Spanish of the text of Working Group documents would fall to ICC Regional Network Chairs / Secretariats.It was confirmed, later in the meeting, that Regional Network Chairs / Secretariats should be provided with Working Group documents for translation 2 weeks before their due date.
4.ICC Chair’s Report
The ICC Chair expressed thanks to Dr. Christoffersen for assuming the role of Chair of the Working Group. The ICC Chair emphasized the importance of the Working Group to the ICC as the first thematic Working Group of the ICC, as well as her own strong personal commitment to the business and human rights area. At the ICC Bureau meeting that had just concluded in Rabat, the ICC had confirmed that its thematic work remains a high priority, and that current commitments to thematic initiatives would continue through 2010. However, there were various thematic initiatives in play and continued priority for Business and Human Rights as a thematic area would depend on the Working Group’s achieving concrete outputs. Further, it had been confirmed at the Bureau meeting that the theme of the 2010 ICC International Conference in Edinburgh would be business and human rights. The ICC Chair expressed her support for the Working Group Chair’s comment that the Working Group should focus from now through 2010 on activities to be integrated with the 2010 ICC International Conference.
5.Draft minutes of Working Group meeting, 12-13 August 2009; follow up actions and task allocation
The Working Group Chair noted that a revised draft of the minutes of the Working Group’s first meeting, in August 2009, taking into account comments received on the first draft, had been circulated.
It was decided that any comments on the second draft of the minutes should be sent to the Coordinator by Thursday 26 November [Note: the originally agreed date was Monday 16 November]. Minutes of the August meeting could then be formally approved at the Working Group’s next full meeting.
5.1Membership of the Working Group, participation at Working Group meetings, first-named member and alternate representatives
It was confirmed, as indicated in the revised draft of the minutes of the Working Group’s August meeting that:
5.1.1With the aim of achieving continuity, efficiency and effectiveness in the activities of the Working Group, each participating institution in the Working Group should identify a first-named representative as its voting member of the Working Group, and one second-named representative as an alternate, to act as its voting member in the event the first.-named member is not in attendance
5.1.2Membership of the Working Group is institutional, not personal (so that, for example, in the event that a first-named representative left her office within the relevant NHRI, membership of the Working Group would remain with that NHRI, and the NHRI would be required to name a new first-named representative)
5.1.3Each Working Group member may send more than one representative to meetings of the Working Groupand,in the interests of flexibility, efficiency and effectiveness, all such representatives may participate fully in discussions and proceedings at Working Group meetings, except that, in the event more than one individual from a member institution is in attendance, only one representative may exercise the right to vote on behalf of that institution, being the first-named representative, and second-named representative of the member, in that order of precedence.
6.Baseline Assessment Survey draft Questionnaire
There was discussion concerning the first draft Baseline Survey Questionnaire which the Scottish Human Rights Commission had produced and which had been distributed to the Working Group shortly before the present meeting. One issue to consider, raised by the Working Group Chair, was whether the Questionnaire could include more questions concerning NHRIs’ views on the proposed “protect, respect, remedy” framework of the UN Special Representative on Business and Human Rights.
It was agreed that Working Group members required more time to deliver feedback on the draft Baseline Survey Questionnaire and, accordingly, that Working Group members would send feedback on the draft Questionnaire to Kavita Chetty of the Scottish Human Rights Commission. by Thursday 26 November [Note: the originally agreed date was Monday 16 November].
Following receipt of feedback from Working Group members, the Scottish Human Rights Commission and DIHR would produce a revised draft of the Questionnaire to circulate to all NHRIs, via Regional Network Chairs / Secretariats, by 1 December 2009, with a deadline of 31 January 2010 for receipt of completed questionnaires. Questionnaire responses would then be processed by DIHR during February 2010, and a report documenting preliminary results of the Baseline Survey would be produced by DIHR in time to be tabled at ICC 23 in March 2010.
7.ICC International Conference 2010, Edinburgh
Gianni Magazzeni, OHCHR National Institutions Unit, conveyed to the meeting that, according to the Rules of Procedure relating to the ICC International Conference under the ICC Statute, a Preparatory Committee is required to be formed to address logistical issues. The Preparatory Committee must comprise, at minimum, the ICC Chair, the Host Institution, and OHCHR, but can also include additional NHRI members. It would therefore be possible for the Working Group to be represented on the 2010 Conference Preparatory Committee. Further, according to the ICC Statute, the International Conference Programme must be prepared through collaboration between the ICC Chair, OHCHR, and Host Institution, and other ICC members may also be included in this process. Mr Magazzeni further noted that it was advisable, for the success of the international conference, that the Draft Conference Programme be widely shared amongst NHRIs and other key stakeholders well in advance. Likewise, while a Drafting Committee at the International Conference would deliver theFinal Declaration of the Conference, it would be advisable to commence the process of producing a draft text at an early stage. In addition, given the scale of the task in organizing the International Conference, and in light of past experiences, Mr Magazzeni urged that planning and organization of the Conference should be commenced as quickly as possible.
The ICC Chair noted that past experience in organizing the International Conference also indicated the value of including a second NHRI from the same region as the Host Institution on the Preparatory Committee for the International Conference, as a support to the Host Institution.
The Working Group Chair proposed, and it was agreed that, if invited, the Working Group be represented on the 2010 Conference Preparatory Committee through the participation of the Working Group Chair. The Working Group Chair further indicated his intention to include the Working Group in the preparatory process as far as relevant and practically possible.
8.Outstanding procedural issues
The Working Group Chair confirmed that in line with the March 2009 decision of the ICC Bureau and minutes of the Working Group’s August 2009 meeting, the Co-ordinator would produce draft Action Plan and
Funding Strategy for the Working Group, for consultation by the Working Group, as well as a note on the Working Group’s working method, before end 2009.
9.Date and location of next Working Group meeting
The next Working Group meeting would be held around the ICC 23, during the week 22-26 March 2010, with the exact date to be fixed in the coming period. The suggestion was made that the Working Group meet in advance of the start of ICC 23 on 22 March 2010 in order to enrich the content of the Working Group’s presentation and report to the ICC Bureau during ICC 23. Gianni Magazzeni kindly undertook to support the Working Group in identifying a meeting venue if one was needed during the weekend before Monday 22 March.
Annex I: List of participants and observers
1. Participants
Country / Institution / Participant(s) / E-mailDenmark / Danish Institute for Human Rights / Dr. Jonas Christoffersen
Director
Dr. Claire Methven O’Brien, Adviser, Human Rights & Business Department /
Jordan / Jordan National Commission for Human Rights / Dr. Muhyieddeen Touq, Commisioner General /
Scotland / Scottish Human Rights Commission / Kavita Chetty
Legal Officer /
South Korea / National Human Rights Commission of Korea / Seong-Taek Lee /
Togo / Commission Nationale des Droits de l'Homme du Togo / Koffi Kounte
Chairperson /
Venezuela / Defensoría del Pueblo de Venezuela / Maria Claudia Guarnieri, Director of Legislative Affairs
Larry Devoe
Director of Doctrine of the Institution /
ICC Chair / Canadian Human Rights Commission / Ms. Jennifer Lynch QC
Chair, ICC and Chief Commissioner
Myriam Montrat
Director-General, Discrimination Prevention Branch /
2. Observers
Name / Affiliation / E-MAILGianni Magazzeni / Office of the High Commissioner of Human Rights, National Institutions Unit /
Lisa Sekaggya / Office of the High Commissioner of Human Rights, National Institutions Unit /
Ross Strick / International Liaison Officer
Canadian Human Rights Commission /
Karen Mosher / Canadian Human Rights Commission /
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