HUMAN RIGHTS DUE DILIGENCE NEW REALITY OF HUMAN

HUMAN RIGHTS DUE DILIGENCE NEW REALITY OF HUMAN RIGHTS APPROCH

MAIN DOCUMENTS UN Guiding Principles on Business and Human Rights (2011) Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business (2016) EU Strategy for Corporate Social Responsibility Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of nonfinancial and diversity information by certain large undertakings and groups

Key Guidelines on non-financial reporting (methodology for reporting non-financial information) (2017/C 215/01) ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights (European Commission) Guidance for small and medium-sized enterprises on applying the UN Guiding Principles (European Commission) Human Rights Translated 2. 0: A Business Reference Guide (in collaboration with the Office of the United Nations High Commissioner for Human Rights and the United Nations Global Compact, 2016) The “State of Play” of Human Rights Due Diligence: Anticipating the next five years (Institute for Human Rights and Business, UK, 2011)

OECD Guidelines for Multinational Enterprises (originally created in 1976, updated in 2011 : Chapter IV: Human Rights) Principle 5: Due Diligence Corporations are recommended to carry out due diligence, assessing actual and potential human rights impacts of their operations and acting upon the findings by tracking human rights responses and addressing impacts. Human rights can be included within the broader risk assessment policies of the company, provided that this risk assessment goes beyond simply identifying and managing material risks to the enterprise and its shareholders. Any due diligence exercise must be considered an ongoing exercise, as human rights consideration change and evolve, just as the company’s operating context will change.

ICT INITIATIVES Global Network Initiative Telecommunications’ Industry Dialogue on Freedom of Expression and Privacy Electronic Industry Citizenship Coalition Global e-Sustainability Initiative Enhancing Internet Freedom and Human Rights Through Responsible Business Practices “Freedom Online” coalition

LEGALLY BINDING INSTRUMENT ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES WITH RESPECT TO HUMAN RIGHTS State Parties shall adopt legislative and other measures to require TNCs and OBEs to design, adopt and implement effective due diligence policies and processes, including codes of conduct, and to identify and address human rights impacts resulting from their activities.

… TNCs and OBEs, regardless of their size, sector, operational context, ownership and structure, shall comply with all applicable laws and respect internationally recognized human rights, wherever they operate, and throughout their supply chains. TNCs and OBEs shall prevent human rights impacts of their activities and provide redress when it has been so decided through legitimate judicial or non-judicial processes. TNCs and OBEs shall design, adopt and implement internal policies consistent with internationally recognized human rights standards (to allow risk identification and prevention of violations or abuses of human rights resulting directly or indirectly from their activity) and establish effective follow up and review mechanisms, to verify compliance throughout their operations. TNCs and OBEs shall further refrain from activities that would undermine the rule of law as well as governmental and other efforts to promote and ensure respect for human rights, and shall use their influence in order to help promote and ensure respect for human rights.

UN Working Group on Business and Human Rights, has decided to focus its 2018 report to the UN General Assembly on emerging practice and innovations of corporate human rights due diligence across sectors. ● All interested parties are invited to submit relevant material and information to the Working Group, including case studies/good practice examples. Contact: wg-business@ohchr. org. Deadline: 30 April.

UN Guiding Principles on Business and Human Rights The State duty to protect human rights against. . abuse by third parties, including business, through appropriate policies, legislation, regulations and adjudication The corporate responsibility to respect human rights, meaning to act with due diligence to avoid infringing on the rights of others and address adverse impacts with which they are involved The need for greater access to effective remedy, both judicial and non-judicial, for victims of businessrelated human rights abuse

Corporate Responsibility to Respect Human Rights Policy Commitment Adopt and implement a policy addressing human rights and committing the business to respect human rights Human Rights Due Diligence - Assess actual or potential human rights impacts - Integrate the fndings and take action to prevent or mitigate potential impacts - Track performance - Communicate performance to stakeholders Remediation Establish or cooperate in legitimate processes to provide or enable remedy to individuals harmed, if the company has caused or contributed to a negative impact

Human Rights Due Diligence Scale: gravity of the impact on human rights Scope: the number of individuals that are or could be affected Negative impacts on human rights: with a focus on risks to people’s rights, rather than risks to the business Remediability: ability to restore the right affected (to the same level as it was before the impact) Potential: impacts that have some likelihood of taking place in the future

Key steps of human rights due diligence Communicate how company is addressing human rights impacts Identify and assess risks and impacts Integrate and act on findings Track effectiveness of response