Embedding Human Rights Into Business Practice
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Embedding Human Rights into Business Practice A joint publication of the United Nations Global Compact and the Office of the High Commissioner of Human Rights Cover Photo: The Universal Declaration on Human Rights – Article 1 Article 2 3 Disclaimer Editor's Note: The views expressed in this publication are the authors' own and do not necessarily represent the views of the Global Compact or the Office of the High Commissioner for Human Rights. The Global Compact and the Office of the High Commissioner for Human Rights make no representation concerning, and do not guarantee, the source, originality, accuracy, completeness or reliability of any statement, information, data, finding, interpretation, advice or opinion contained within the publication. This report is intended strictly as a learning document and should not be interpreted to indicate either effective or ineffective practices. The inclusion of case studies on company experiences does not in any way constitute an endorsement of the individual companies nor their human rights policies by the Global Compact and/or the OHCHR. Article 3 Table of Contents Case Studies 02 Disclaimer 01 The BTC Pipeline Case Study: Following through on Global Compact Commitments Gare Smith, Foley Hoag LLC 01 Foreword 01 BHP Billiton South Africa: Mr. Dzidek Kedzia Standards as a Human Rights tool Chief, Research and Right to Development Branch Patricia B. Lawrence Office of the High Commissioner for Human Rights Unisa Foundation and Centre for Corporate Citizenship University of South Africa 01 Foreword 01 Human rights and supply chain management Mr. Georg Kell in the Pharmaceutical sector Executive Head, The United Nations Global Compact John Morrison, TwentyFifty Annette Stube, Novo Nordisk 01 Introduction 01 Business and Human Rights: Ursula Wynhoven, Global Compact Office The Case of Hewlett-Packard Lene Wendland, Office of the High Commissioner Kellie A. McElhaney and Natalie Hill for Human Rights University of California, Berkeley 01 OHCHR Briefing Paper The Global Compact and Human Rights: Policy Studies Understanding Sphere of Influence and Complicity 01 The Global Compact Policy Dialogue “The Role of the Private Sector in Zones of Conflict” 01 Understanding the Global Compact Denise O'Brien and Melissa Powell Human Rights Principles Global Compact Office Anthony P. Ewing Columbia University 01 Second Field Visit Report Yadana Gas Transportation Project 01 Corporate Fallout Detectors and Moattama Gas Transportation Company Operator: Fifth Amendment Capitalists: Total in Myanmar/Burma Corporate Complicity in Human Rights Abuse Doug Fraser, Independent Consultant Mark B. Taylor Luc Zandvliet, Project Director, Fafo Institute for Applied International Studies Corporate Engagement Project 01 Resources and Further Information 01 Business and Human Rights Universal Declaration on Human Rights Klaus M. Leisinger Business and Human Rights Resource Centre Novartis Foundation for Sustainable Development The Human Rights Compliance Assessment (HRCA) and University of Basel 01 Endnotes 01 Implementing the Global Compact Human Rights Principles Anthony P. Ewing Columbia University Article 4 When the Universal Declaration of Human The present book, published jointly by the Foreword Rights was adopted more than 50 years Global Compact Office and the Office of the ago, States were the principal actors in High Commissioner for Human Rights, aims the international arena. States continue to to provide information to companies to help Mr. Dzidek Kedzia have the primary responsibility for with the human rights challenges they face Chief, Research and Right to protecting the human rights of their and give informative and useful examples Development Branch citizens, but there are growing of how companies from different sectors expectations from the public and civil and in different political and geographic Office of the High Commissioner society organisations that corporations contexts have tried to address some of for Human Rights should do everything they can to promote these challenges. True to the Global and respect universally agreed standards. Compact's multi-stakeholder approach, the The parameters, however, are still being contributors to the book offer a broad range defined, and uncertainties remain about of perspectives on the issues at hand. what is expected from corporations with regards to human rights. While this book does not offer any easy solutions to the myriad of complex issues While discussions are underway in the facing companies in their efforts to United Nations human rights system to implement the human rights principles of address the role of the private sector with the Global Compact it is my hope that it regards to human rights, the Global may inspire practical actions in support of Compact offers an important vehicle for human rights. corporations to voluntarily engage in discussions about human rights and to develop practical solutions to address difficult human rights issues within their sphere of influence. In the words of the late High Commissioner for Human Rights, Sergio Vieira de Mello: “Business leaders don't have to wait — indeed, increasingly they can't afford to wait — for governments to pass and enforce legislation before they pursue “good practices” in support of international human rights standards within their own operations and in the societies of which they are part.” Without a doubt, the primary responsibility role of government and business in the Foreword for human rights promotion and support and protection of human rights. protection rests with governments. Most Voluntary initiatives are meant to provide of the dilemmas we face at the a means of engaging business in an effort Mr. Georg Kell intersection of business and human rights to support those that governmental Executive Head arise from governments' inability or failures hit hardest - the marginalized. unwillingness to meet their human rights The United Nations Global Compact obligations. One of the most visible, but When the Compact began its work, only a not the only, area where governments are handful of companies had human rights not living up to their human rights practice on their radar screen. Today the responsibilities is in the conflict zones of executive offices and board rooms of over the dozen or so countries across almost 1,700 companies have seen discussion of all regions of the world where armed human rights practice and policy for the conflicts are currently being waged. first time. Admittedly, this number is small compared to the over 60,000 multi-national Voluntary initiatives are not a panacea to companies working in the world today and this problem. They are primarily an effort far more companies need to get off the to fill the gap and therefore must be fence. However, it is an excellent start. formed and fashioned in such a way as to simulate improvement in public policy so When tackling corporate social that the root causes of the problem are responsibility issues we must remain tackled. Enhancing the contribution of mindful of the root causes. What can business to sustainable development is a business do given that most of the root complex goal that requires a range of problem lies in the hands of the states? The different methodologies. In this context, Global Compact calls on companies not to both regulatory and voluntary approaches wait for all governments to get it right. But play an important role. The Global rather to heed the call and focus their Compact is designed to complement, and societal impact in such a way as to create not substitute, regulatory frameworks by social innovation and higher standards. encouraging voluntary, innovative corporate practices. This course towards private and public policy improvement must be based on Through a growing web of trade and dialogue, constructive engagement in investment people are tied ever closer learning and the courage to experiment. together. However, while business and We hope this publication does just this and civil society have become global, politics that the lessons contained herein married has not. As power and responsibility walk with a commitment to action might help a parallel path there is now an urgent prompt the social innovation necessary to need to advance our understanding of the create a better tomorrow for all. Article 5 The Ten Principles Introduction Human Rights Ursula Wynhoven Global Compact Office1 Principle 1 | Businesses should support and respect the protection of Lene Wendland international human rights within Office of the High Commissioner for Human Rights their sphere of influence; and Principle 2 | make sure they are not complicit This publication grew out of the human rights in human rights abuses. sessions that formed part of the Third Annual International Global Compact Learning Forum Labour conference in Belo Horizonte, Brazil, in December Principle 3 | Businesses should uphold the freedom 2003. These sessions sought to shed light on the theoretical and practical meaning of the Global of association and the effective Compact's two human rights principles, as well as recognition of the right to collective to offer guidance to companies on how to bargaining; implement them. Principle 4 | the elimination of all forms of forced and compulsory labour; This publication has the same aim. In it, you will find five case studies of how companies in Principle 5 | the effective abolition of child labour; different sectors are trying to implement the and human rights principles. Also included are