ICC Working Group on Business and Human Rights

ICC Working Group on Business and Human Rights Provisional Report to the ICC Bureau November 2013

November 2013 Draft for ICC Working Group on BHR Consultation

INTRODUCTION

This report of the ICC Working Group on Business and Human Rights (ICCWG) covers the period June 2013 to November 2013 during the then Chairmanship of the Canadian Human Rights Commission (June 2013 to 15 August 2013) and the assumption as Chair of the Commission on Human Rights of the Philippines from mid-August 2013 up to the present.

At the last meeting of the ICCWG in May 2013, the following developments were emphasized:

 The Bureau approved the use of the ICC logo on the four fact sheets: 1. BHR 101: A Primer for NHRIs; 2. Business, Women’s and Children’s Rights; 3. NHRIs and UN Global Compact Local Networks; and 4. NHRIs and the OECD Guidelines for Multinational Enterprises.  The Bureau likewise approved the use of the ICC logo on the NHRI-BHR training guidebook developed and piloted by the Danish Institute on behalf of the ICCWG/ICC.  The Bureau was also presented with three options on the future of the ICC WG on BHR and it agreed to a ‘combined option 1 and 3’approach, meaning that the WG continue with its current focus and develop a new mandate/strategic action/work plan for future devolution of responsibility to the four regions.

In the light of these developments, the ICCWG is presenting, for consideration and/or approval by the Bureau, the proposed 2013-2015 strategic action plan. The plan is guided by the reports and assessment of the 2011 to 2013 ICCWG Strategic Action Plan and highlights two major thrusts:

 To sustain action necessary to consolidate positions of NHRIs at the international level, to build upon collaboration with institutional partners, strengthen the regional and national capacity of NHRIs in relation to the Edinburgh Declaration and the UN Guiding Principles, and share strategies and good practices in relation to focused issues; and  To devolve specific functions to the regions with the ICCWG providing strategic direction and coordination. (Please see attached draft 2013-2015 Strategic Action Plan of the ICC WG on BHR) ACTIVITY REPORT AND DELIVERABLES – June 2013 to November 2013 Reporting Period

ICC Working Group Membership

As of November 2013, the changes in the Working Group Membership are as follows:

 Americas – Bolivia Human Rights Commission succeeded the Canadian Human Rights InstitutionCommission  Europe – The membership of the German Institute for Human Rights has been renewed

Activities and Deliverables

As of the reporting period, the ICCWG has undertaken the following activities:

 Strategic Action Plan (SAP 2013 -2015) has been finalized for presentation and approval by the Bureau. It combined the two options on maintaining the status quo1 and devolution2. The plan is guided by the reports and assessment of the 2011 to 2013 ICCWG SAP. August 2013 was the deadline set for the comments on the SAP.  BHR- NHRI Training Guidebook developed and piloted by the Danish Institute was approved by the Bureau with the new ICC logo on it. The guidebook is designed as a resource for human rights practitioners within NHRIs. It introduces the subject of BHR including the role of NHRI in identifying and addressing the impacts of business and human rights enjoyment. The guidebook is currently being has already been published, in English, French and Spanish language versions by DIHR for distribution to NHRIs participating at the UN Forum on Business and Human Rights in Geneva, 2-5 December 2013, and subsequently via regional networks. It is hoped to be translated into Arabic in 2014.  The E-Learning Learning course for NHRIs on Business and Human Rights, also developed and piloted by DIHR, has also been forwarded to the ICC WG members for review. Further comments and suggestions are being awaited from the members.  The fact sheets on Child Rights and Business and on the NHRIs and the ILO have been disseminated to the members for consultation and finalization of the translation and graphic design.  The fact sheet on IP Rights is in the process of being translated to French and Arabic.

1 Status quo – The ICCWG continues with its current focus on Business and Human Rights, with the incoming ICCWG Chair leading development of the next Strategic Action Plan

2 Devolution – The ICCWG completes its current Strategic Action Plan by August 2013 and devolves responsibility to the four regions  The fact sheets on BHR in the second cycle of the Universal Periodic Review and on NHRIs and the Voluntary Guideline on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security are still in the development stage.  Endorsement to the ICC Chair that the DIHR serve as the focal point on behalf of the ICC for the November 2012 MoU signed with the Organization for Economic Cooperation and Development (OECD).  Participation in the Inaugural Global Forum on Responsible Business Conduct hosted by the OECD on June 2013, undertaken by Korea National Commission on Human Rights on behalf of ICC.  Participation in the ICC Bureau Meeting in Accra Ghana on November 25-26, 2013.  Concept Note on Strengthening Rights, Responsibilities and Remedies, Bridging Accountability: NHRI Caucus for the Annual UN Forum on BHR 2013, was developed  Participation in the 2013 UN Forum on Business and Human Rights.

Future Directions and Next Steps

Once the 2013-2015 ICCWG SAP is approved and adopted by the Bureau, there is a need to make an indicative plan for the next two years which will outline and define the key activities in order to implement the SAP for the next two years. As suggested in the ICC WG meeting held in Geneva last May 2013, we should be able to “think even more concretely about what activities and deliverables that an ICCWG member can take and lead.” 3This requires prioritization of activities on the basis of what the ICCWG can deliver in reality.

Sustainability of the proposed plans and activities through adequate financial resource is another concern that should be deliberated upon in identifying key activities to implement the SAP.

Another key milestones for planning is finalization of the new suite of ICCWG fact sheets4 for presentation to the ICC Bureau for its endorsement5 and this should include its translation.6

3 Draft Record of Decisions and Meeting Highlights, ICC Working Group on Business and Human Rights, Geneva, Switzerland, 7-8 May 2013, p. 7

4 Final draft text for three facts sheets have yet to be finalized these are: 1) NHRIs and the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security with the German NHRI as the lead; 2) NHRI and ILO- being jointly developed with ILO officials and the DHRI as lead; and 3) NHRIs and Child Rights with UNICEF and Danish NHRI as lead.

5 Ibid 6 Facts sheets should be in English, Spanish, French and Arabic