ICC Working Groupon Business and Human Rights

Statement to the United Nations Working Group on Transnational Corporations and Other Business Enterprises regarding the Annual Forum on Business and Human Rights 4-5 December 2012

10 May 2012

Introduction

I am pleased to participate in this consultation on behalf of the Working Group on Business and Human Rights of the ICC- the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. The ICC has been an active contributor to the work of the UN Working Group and its predecessor, Special Representative to the UN Secretary General on business and human rights – Professor John Ruggie.

According to the UN Paris Principles, national institutions are required to have a broad mandate to protect and promote human rights. This mandate encompasses the public and private sectors, and all three pillars of the UN Protect, Respect, Remedy Framework.

Today I wish to present recommendations relating to the themes and modalities of the December 2012 Forum on Business and Human Rights.

Recommendations

As noted in the ICC’s December 2011 submission to the UN Working Group, the Forum can be the gathering place for engagement and dialogue among key stakeholders to advance collective action in support of the dissemination and implementation of the Guiding Principles.

Iwill now share the following points for consideration in response to the Working Group’s April 2012 call for input on Forum-related issues:

  1. Aims and Objectives
  • Opening the Forum with a strong interactive keynote address or panel, using known thought leaders and/or a rights holder who has been affected by a case that has carried a positive outcome, will attract the attention of participants as well as the media – an additional consideration in promoting dissemination of the Guiding Principles.
  • Plenary sessions could be structured around the core issues identified in the Forum Concept Note, namely trends, challenges, good practices. Depending on the shape the Forum takes, outcomes could translate into a collective basis for practical action.
  • Plenary sessions could consist of multi-stakeholder, cross-regional panels to present thematic case studies, followed by interactive dialogues to maximize participation and engagement.
  • Plenary sessions could be supported not only by the break-out sessions and side events, but also the opportunity for stakeholders to set up kiosks or to meet in a common area to share publications and informal dialogue.
  • The Working Group may consider a ‘"meet the expert/thought leader/guest speaker” over the lunch hours or at other times. During the lunch hour, UN Working Group members or other experts could alternatively facilitate sessionsto deepen dialogue on specific issues and their related challenges and solutions.
  • To promote accessibility to all stakeholders, Forum organizers or sponsors (if applicable) could assist with travel costs for a select number of participants to attend (e.g. Human Rights Defenders, rights holders), and provide alternate forms of participation of the plenary sessions (see below for examples).
  • Clarification regarding any specific role or procedure for NHRIs to participate in the Forum will be appreciated.
  • The ICC Working Group on BHR and individual NHRIs are going to be interested in participating and would like to stay in close contact as they elaborate the programme to see whether representatives of the ICC or individual NHRIs may be included as panelists where appropriate. Depending on the themes selected, the ICC may wish to organize a break out or side event.
  • Given that the mandate of the Working Group includes integrating a gender perspective throughout its work, the Forum itself could be set up as a practical demonstration of what a gender perspective translates into in practice.
  • Perhaps most importantly, it is recommended that the Forum be considered not as a stand-alone event but rather as part of a series of activities and events that are connected to advance the Working Group’s mandate.It would therefore be useful for the UNWG to have a session at the Forum on next steps where they can identify priorities, activities, country visits, conferences, and help define the calendar for the community of practice.
  1. Themes and Topics
  • At this early stage, given the UN Working Group’s mandate “to give special attention to persons living in vulnerable situations, in particular children”, and the ICC Working Group’s parallel exploration of the rights of vulnerable populations in relation to business activity, the Forum may wish to consider focusing on the rights of women, children, and indigenous persons in relation to business activity. Indeed, the evolution of thematic guidance around these rights would provide a strong contribution to the implementation of the Guiding Principles.
  • Building from this platform, case studies from different regions and industry sectors could be selected to illustrate the intersection of different human rights issues, multiple levels of discrimination and/or cumulative impacts. For instance, the different levels of potential impact of a company's land acquisition practices on indigenous girls can be viewed from an indigenous peoples’ rights, a child rights and a women's rights perspective.
  1. Participants
  • NHRIs are quite evidently potential ‘multipliers’ at the national level, and ready to assist in communicating and facilitating participation by a wide range of stakeholders. Early confirmation of Forum themes will enable the ICC and NHRIs to help facilitate participation that may strategically support the aims and objectives of the Forum.
  • The Working Group could make use of social media to optimize information sharing and/or participation for the annual Forum as with other events such as today’s consultation. The Working Group could, for instance:
  • encourage national television and radio stations to disseminate recordings of proceedings, interviews, and Forum highlights (for those who may not have the ability or access to use computers);
  • have a dial-in number for the proceedings;
  • have a web cast of the proceedings (including a professional providing sign language on the screen);
  • operate a Twitter account, given its interactivity, during the Forum;
  • create a Facebook account for the Forum and/or other events;
  • create podcasts;
  • create a wiki for pre- and post forum engagement;
  • create YouTube posting; and
  • have on site computers with braille support such as the ‘JAWS for Windows Screen Reading Software’.
  1. Rights- holders
  • NHRIs are available to assist in identifying stakeholders at national levels and in disseminating knowledge of the Forum itself. As a general principle, if the Working Group, through existing mechanisms, can facilitate the participation of civil society organizations and human rights defenders; grass roots and community organizations; and use technological solutions such as webcasts and other tools to allow people to observe the Forum, these will make for cost effective ways of achieving Forum goals.

5. Synergies

  • The advance edited version of the UN Working Group’s first report to the Human Rights Council speaks to ways in which the Working Group will strengthen synergies among relevant initiatives and actors in BHR. The Forum, should it focus on the rights of vulnerable populations, will provide the opportunity to deepen linkages among the current work being carried out such as by theCommittee on the Rights of the Child, the UN Global Compact, and others on the rights of women, children, and indigenous peoples in relation to business.

Concluding Remarks

We look forward to actively engaging in the Forum and ongoing work of the UN Working Group.

Thank you.

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