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Business and Human Rights Dilemmas in the Midst of COVID-19 a Guide for Senior Executives

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Business and Human Rights Dilemmas in the Midst of COVID-19 a Guide for Senior Executives Business and human rights dilemmas in the midst of COVID-19 A guide for senior executives May 2020 Business and human rights dilemmas in the midst of COVID-19 | A guide for senior executives The COVID-19 crisis is emerging as a test of business’ commitment to upholding human rights. 02 Business and human rights dilemmas in the midst of COVID-19 | A guide for senior executives The COVID-19 pandemic has catapulted the world into an unprecedented crisis. At its heart, the pandemic is a human tragedy, sadly with loss of life. Many people have been living under a state of emergency. To protect human life, we are being asked to change the way we live, withdrawing many of our personal freedoms. The economic impact will be far-reaching, with the repercussions expected to last for years. During these uncertain times, governments and business leaders have had to make quick decisions for which there is no playbook. Leaders now need to navigate a ‘new normal’ with human rights implications. Leaders are being tested in their commitment to respect human rights. This paper will help businesses respect human rights and consider the dilemmas many leaders are facing while responding to the COVID-19 pandemic. This paper focuses on the short-term human rights dilemmas around how to respond to the crisis and discusses the implications for businesses recovering post-crisis over the medium-term. Finally, it considers the integration of human rights into businesses as they adapt to a ‘new normal’ and to heightened expectations from stakeholders of responsible and resilient human rights management. 03 Business and human rights dilemmas in the midst of COVID-19 | A guide for senior executives 1 Human rights at risk in a crisis Businesses have a responsibility to respect human rights. Especially in times of crisis. Human rights most impacted by business during COVID-19 COVID-19 is challenging businesses to keep A human rights-based approach is about people healthy and safe while maintaining WXUQLQJSULQFLSOHVLQWRH΍HFWLYHSROLFLHV Below we have provided a (non-exhaustive) continuity of operations globally. DQGSURFHVVHVIRUSUHYHQWLRQDQGH΍HFWLYH list of human rights that are at risk of being Synchronised lockdowns across the world action. The international Bill of Human adversely impacted by the COVID-19 crisis, have restricted freedom of movement Rights and the core International Labour in fact in most public health emergencies: ZKLFKKDVD΍HFWHGKRZEXVLQHVVHV Organisation (ILO) Conventions are operate, including their continuity plans the key international legal instruments Right to life iv and corporate relationships. Businesses and provide guidance on responsible have tried to keep pace with the rapid business practices. While the human Right to information xxiv developments of this emergency, applying rights-based approach will depend on the existing laws to uncertain information. The individual business, the PANEL principles Right to education vi continuously evolving situation has created – Participation, Accountability, Non- new dilemmas for businesses around how discrimination and equality, Empowerment, Right to equality and to handle human rights. Legality - are good places to start.ii While, non-discrimination viii business responsibility to human rights The United Nations Guiding Principles applies to all companies, the means (UNGPs) on Business and Human Rightsi Right not to be subjected to slavery, through which businesses can meet this x state that businesses should ‘avoid causing servitude or forced labour H[SHFWDWLRQPD\GL΍HUE\RSHUDWLRQDO or contributing to human rights impacts’ context. Right to health v but also ‘seek to prevent or mitigate [those impacts that are] directly linked to their (΍RUWVWRFRPEDWWKHVSUHDGRI&29Ζ' Right to freedom of movement operations, products or services by their have resulted in severe restrictions of many and liberty xxv business relationships, even if they have human rights. This creates a new and very not contributed to those impacts’ (emphasis GL΍HUHQWRSHUDWLQJFRQWH[WIRUEXVLQHVVHV Right to work and enjoy just and added). This responsibility applies to all Understanding this context is critical for favourable conditions of work vii businesses. leaders to determine which human rights Right to privacy and may be infringed, thereby requiring more FRQȴGHQWLDOLW\ix ‘systematised and regular attention’iii. Right to freedom of expression and association xi 04 Business and human rights dilemmas in the midst of COVID-19 | A guide for senior executives Protecting the right to life and right to Businesses have a responsibility to The crisis is also accelerating questions health has become a central priority, and respect the right to work including just around the right to privacy and new restrictions have been introduced by and favourable conditions of work. FRQȴGHQWLDOLW\ with the increase of governments to ensure this. The dilemma COVID-19 has forced many leaders to face personal surveillance and the collection for businesses is how to strike the right dilemmas of maintaining employment of personal and biometric data. Most balance between keeping people healthy VHFXULW\ZKLOHDOVRPDQDJLQJFDVKȵRZ people who have COVID-19 are asked to and safe while maintaining operations. adapting to remote working while also share information with the government, Another dilemma arises in continuing ensuring productivity, asking people to their employer and personal network. It is or reopening economic activity that adapt to increased business pressures important that these mechanisms are not potentially exposes people to COVID-19. To while also respecting wellbeing. extended in time and beyond necessity.xvi mitigate risk, governments and businesses Furthermore, with businesses being forced Approaching these rights in a non- have had to extend remote working to rapidly increase their use of digital discriminatory manner is critical to arrangements and reorganise warehouses, capabilities, this brings another set of HQVXUHWKDWLQHTXDOLWLHVDUHQRWPDJQLȴHG factories and places of service to allow challenges in relation to online privacy and by the crisis. Business decisions to support physical distancing with enhanced health cyberattacks. employment, protect workers’ health and safety protocols. Besides physical and ensure business continuity may have Workers have the right to seek health, experts fear that mental health GL΍HUHQWDQGGLVSURSRUWLRQDWHLPSDFWVRQ information that is relevant and and well-being are also at risk from the certain vulnerable groups, thus resulting necessary to protect their health, multifaceted uncertainties surrounding in unintended discrimination. Vulnerable income and privacy, as well as the right people’s lives and livelihoodsxii. workers - including women, workers with to express freely and publicly their A further dilemma facing business leaders disability, migrant workers, unskilled opinions on business decisions. In such is how to abide by the lockdown regulations workers, gig workersxiii and workers in the exceptional circumstances trade unions while ensuring employees are not left informal economy - are more likely to may be bypassed and workers may behind, particularly those for whom be employed in situations where home feel discouraged to engage for fear of the workplace is a safe haven. There is working is not possible. retaliation, workers retain the right to a ‘crisis within a crisis’ for vulnerable peaceful assembly and association. Looking beyond direct employees, adults and children isolated in coercive business leaders are facing dilemmas or violent households, unable or afraid surrounding the impact of decisions on to access services due to scaled down workers throughout the supply chain. xiv service delivery or fear of infection. For Contractual ruptures for ‘force majeure’, vulnerable people, restrictions on the right delays in order payments and new demand to freedom of movement can have grave can have enormous repercussions for consequences for their personal safety, suppliers and livelihoods of workers. mental health and well-being. Supply chains producing personal The lockdown has prompted many protective equipment are being challenged business leaders to consider the personal to uphold international labour standards situation of their employees. In education, due to increased demand. Conversely, children and adults moving to digital others are experiencing a stop to platforms presupposes digital literacy production and sales. The supply chain in and access to hardware and internet. demand will likely require forced overtime, This exacerbates the ‘digital divide’ and whereas those with stoppages will likely may threaten children and adults’ right face unpaid wages. The disruption and to education. For businesses, some economic uncertainty facing workers may employees may have had to pause lead to an increase in labour exploitation learning that could stall their professional and conditions of slavery, servitude or development, while employees with forced labour.xv children may have to take on the role of full-time carer and educator. 05 Business and human rights dilemmas in the midst of COVID-19 | A guide for senior executives 2 Prioritising human rights in a crisis For most businesses, a typical crisis plays out over three timeframes: Respond, where a business deals with the present situation and manages to continue; Recover, in which a business learns and emerges stronger; and Thrive, during which a business prepares for and VKDSHVDȆQHZQRUPDOȇ(DFKSKDVHSUHVHQWVGL΍HUHQW types of human rights
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