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navigating a new era of business and human rights I Navigating a New Era of Business and Human Rights is a collaboration between faculty and researchers at the Institute of Human Rights and Peace Studies, Mahidol University and Article 30. Article 30 solely commissioned the project and carried out or arranged all editing and design work. i About Article 30 Article 30 promotes innovation and best practices in the field of business and human rights. We do this by producing cutting-edge content and offering expertise on both the letter and spirit of human rights in commercial contexts. Our team combines legal, political, and social practitioners with widely varied backgrounds and experiences. Technical compliance with the UN Guiding Principles is important, but it is only a starting point for Article 30. Article 30 is about the deeper purpose of human rights: meaningful change, reckoning with tough chal- lenges, mobilizing innovative ideas, enabling people to take action on their own behalf, and realizing new levels of buy-in, resiliency and sustainability. For more information, please visit www.article30.org/ About the Institute of Human Rights and Peace Studies, Mahidol University (IHRP) The Institute of Human Rights and Peace Studies (IHRP) is the result of a recent merger between Mahidol University’s Center for Human Rights Studies and Social Development (est. 1998) and the Research Center for Peacebuilding (est. 2004). IHRP combines the experience and perspective both centers have to offer. IHRP is uniquely interdisciplinary and is redefining the fields of peace, conflict, justice and human rights studies, in the Asian Pacific region and beyond. The IHRP is committed to the advancement of human rights and peace by educating human rights and peace practitioners, promoting outreach programs to community and inter- national organizations and conducting cutting edge research on important issues. For more information, please visit www.ihrp.mahidol.ac.th/ ii Navigating a New Era in Business and Human Rights Dr. Matthew Mullen Daniel Polomski Teresa Soares Joana Cassinerio Michelle D’Cruz Vanessa Hongsathavij Merin Waite and Brian Wadman (Copyediting) Images appearing in this collection have been obtained through Creative Commons CC0 1.0 Universal (CC0 1.0) Public Domain Dedication. The original Images have been colourized and cropped for use. For more information on Creative Commons and the CC0 1.0, go to: https://creativecommons.org/publicdomain/zero/1.0/ 2019 ISBN - 978-0-578-52117-6 iii Acknowledgment This collection was made possible by the many scholars, researchers, and practitioners who contributed their time, perspectives, and experiences. The project team worked tirelessly to develop the New Era collection and make it a reality. Article 30 commissioned this New Era project as our flagship publication. A New Era Contents in Context Contributors to this collection took on a challenge. The purpose of this project was to provide stakeholders with a concise and poignant resource with real-world resonance. Contributors bought into the idea of an uncon- ventional publication that spoke to some of the most challenging and sen- sitive topics of the day. The purpose of the project was to push the issue and add value. Put another way, A New Era was not a safe or conventional undertaking. The insights and language that contributors offer should be seen against this larger backdrop. Chapters should be read as stand-alone personal reflections. Contribution to or promotion of this project should not be understood as a personal or organizational endorsement of any or all content. To reiterate the above, big thanks go out to all contributors for their time and efforts in the spirit of collective learning and advancing the field of business and human rights. iv Table of Contents 4 Preface I 6 Preface 2 9 A Compass for an Evolving BHR Landscape 15 Mapping the Field 16 Chapter Synopses 18 When Business met Human Rights: A Brief History of Making Business Accountable, Dr. Mike Hayes 27 Building Allies in the Corporate Social Responsibility Space, Emily Klukas, MPH 33 Human Rights and Transparency Politics in Global Production Networks, Dr. Christian Scheper and Dr. Sabrina Zajak 40 An Interview with Dr. Neil Howard 43 Recognizing Pitfalls 44 Chapter Synopses 46 Not so “win-win”: Unpacking the discursive politics of business, human rights, and sustainable development, Vanessa Hongsathavij , Cannelle Gueguen-Teil and Rajesh Daniel 57 Seizen-setsu and the inadequacy of voluntary frameworks, Prof. Saul J. Takahashi 63 Managerialism in Business and Rights: Lessons on the social impacts of a collaborative Human Rights Impact Assessment of a contested mine in Chile, Dr. Rajiv Maher 1 70 Invigorating State Champions 71 Chapter Synopses 73 Human Rights, Business, and the Reliance on Elusive State Champions, Dr. Charlie Thame 80 National Human Rights Institutions and Business and Human Rights: Challenges, Opportunities and Next Steps, Sarah McGrath 90 Business and Human Rights in China: An Overview of Policies and Laws on Chinese Overseas Investment, Zhong Huang and Professor Wanhong Zhang 97 The Art of Respecting Human Rights: Guiding Business Enterprises 98 Chapter Synopses 100 Making Human Rights Reporting Meaningful, Mairead Keigher and Michelle Langlois 104 The Spirit of Human Rights and the UNGPs, Dr. Matthew Mullen 110 The Abolishment Paradox and Big Tobacco, Joana Cassinerio 117 An interview with twentyfifty limited, Luke Wilde , Carolin Seeger and Hannah Temple 122 Refined Approaches to Cross-Cutting Issues 123 Chapter Synopses 125 Our River, Our Rights: Extraterritorial accountability in the Mekong, Maureen Harris 133 Refining the Role of Business Enterprises with regards to the Protection of Migrants and Refugees, Giorgio Algeri 138 Child Rights: Rising up the Business Agenda, Dr. Mark P. Capaldi 145 Perspectives of Disability-Inclusive Business and Human Rights, Dr. Ryuhei Sano 2 151 Securing Freedom in Global Supply Chains, Chloé Bailey and Amol Mehra 157 The UN Guiding Principles and the Informal Economy: A Focus on Homeworkers in Global Supply Chains, Marlese von Broembsen & Laura Alfers 164 An Interview with Fair and Sustainable Consulting, Marjoleine Motz 167 New (and Old) Challenges and Opportunities 168 Chapter Synopses 170 An Interview with Sara Blackwell 172 The Gig Economy: How Freeland Works is Redefining the 21st Century Workplace in the United States, Dr. Chaz Austin 179 An Interview with Ussarin Kaewpradap 181 The Need for a RIoT (Responsible Internet of Things): A Human Rights Perspective on IoT Systems, Prof. Luca Belli 191 Ethical Investment, Akiko Sato 195 Debating Ethical Consumption, Dr. Elisabeth Valiente-Riedl 201 A New Era of Accountability: Towards a BHR Treaty? 202 Chapter Synopses 204 Experimentalist Global Governance and the case for a Framework Convention based on the UN Guiding Principles on Business and Human Rights, Dr. Claire Methven O’Brien 214 Extraterritorial Obligations of States in the Business and Human Rights Context, Dr. Humberto Cantú Rivera 221 An Interview with Prof. Surya Deva 224 Endnotes 3 Preface I Vanessa Hongsathavij Institute of Human Rights and Peace Studies, Mahidol University, Nakhon Pathom, Thailand A year ago, a group of researchers specializing in Amidst this free reigning power, the voices that business and human rights gathered at the Institute of emerge in this volume point to a common need in Human Rights and Peace Studies at Mahidol University this “new era” on business and human rights, namely to discuss the preparatory stages of a book project. Our the necessity of distinguishing the substance from purpose was simple and direct: we sought to identify the smoke and mirrors. Undoubtedly, this remains the most salient and pressing issues in the current a formidable challenge given the existence of what field of business and human rights, nearly eight years John Ruggie (2017) refers to the “polycentric gover- since the United Nations Human Rights Council’s nance”, or sets of systems involving different actors, endorsement of the Guiding Principles for Business roles, rules and mechanisms that underlie the UNGPs. and Human Rights (UNGPs). As the book title suggests, This polycentrism provides the dynamism within the we aimed not only to critically assess the challenges UNGPs, itself an evolving document that enables a and opportunities, but also to examine the extent to pragmatic approach in its application. Current debates which these represented a continuum of past debates, in the field—including the persistent questions of the discourses, and ideas, or (potential) breakthrough—in- desirability and viability of a legally binding treaty on deed, whether these developments signal a “new era” business and human rights and the role of civil society of business and human rights. We set out to under- in the UNGPs— reveal the multidimensional challeng- stand what was new about this era. And in the process, es in governance. Ruggie’s imagery of a “regulatory we sought to capture and convey a schema for protect- ecosystem”, as opposed to a hierarchy, reinforces that ing and promoting the essence of human rights in a meaningful change will be driven in no small part by field inundated with powerful forces. non-judicial actions, and will require different types of interventions—legal, political, discursive, among others The book came together in a unique manner, perhaps – to enable greater alignment of business conduct a testament to the possibilities and impacts of applying to international
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