human rights unit 4

7/31/2019 Human Rights Unit 4

1/48

Human Rights and

Business


2/48

Human Rights

Human rights are universal legal guarantees protectingindividuals and groups against actions that interferewith fundamental freedoms and human dignity. Someof the most important characteristics of human rightsare that they are:

guaranteed by international standards;

are legally protected;

focus on the dignity of the human being;

oblige states and state actors;

cannot be waived or taken away;

are interdependent and interrelated; and are universal.Source: The United Nations system and human rights: guidelines and information for the Resident

Coordinator System, March 2000


3/48

States assume obligations and duties underinternational law

The obligationtorespect means that Statesmust refrain from interfering with or curtailing the

enjoyment of human rights. The obligation to protect requires States to

protect individuals and groups against humanrights abuses.

The obligation to fulfil means that States musttake positive action to facilitate the enjoyment ofbasic human rights. At the individual level, whilewe are entitled our human rights, we should alsorespect the human rights of others.


4/48

A-Z Of Human Rights Issues( UN HumanRights, office of the High Commissioner for Human Rights

Adequate Housing

Children

Civil and Political Rights

Climate change Communications Cultural rights

Democracy

Detention

Development (Good Governance and Debt) Disability and Human Rights

Disappearances


5/48

Economic, Social and Cultural Rights

Education

Environment

Executions Food Freedom of Opinion and Expression

Freedom of Religion and Belief

Gender

Globalization (Business, Trade and Investment) Health

HIV/AIDS


6/48

Human Rights and International Solidarity

Human Rights Defenders

Human Rights Education and Training

Human Rights Indicators Impunity Independence of Judiciary

Indigenous Peoples

Internal Displacement

Mercenaries Migration

Millenium Development Goals and Human Rights


7/48

Minorities

Plans of Action for the Promotion and Protection of Human Rights

Poverty

Racism

Rule of Law

Situations

Slavery

Terrorism

Torture

Trafficking in Persons Transnational Corporations

Water and sanitation

Women


8/48

H U M A N R I G H T S W A T C H, WORLD REPORT 2010


9/48

Standards , codes andFrameworks Global Compact UN Human Rights Norms for Business OECD Guidelines for Multinational Enterprises

GRI Sustainability Reporting Guidelines AA1000 Assurance Standard SA8000 IS014001

ISO 26000 (CSR Guidance) Dow Jones Sustainability Indexes Sarbanes-Oxley Act


10/48

Global compact

The Global Compact asks companies to embrace,support and enact, within their sphere ofinfluence, a set of core values in the areas of

human rights, labor standards, the environment,and anti-corruption:

Human Rights

Principle 1: Businesses should support and

respect the protection of internationallyproclaimed human rights; and

Principle 2: make sure that they are not complicitin human rights abuses.
http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/humanRights.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle1.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/Principle2.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/Principle2.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle1.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/humanRights.html


11/48

Global compact

Labor Standards

Principle 3: Businesses should uphold the freedom of associationand the effective recognition of the right to collective bargaining;

Principle 4: the elimination of all forms of forced and compulsorylabor;

Principle 5: the effective abolition of child labor; and

Principle 6: the elimination of discrimination in respect ofemployment and occupation.
http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/labour.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle3.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/Principle4.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle5.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle6.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle6.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle5.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/Principle4.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle3.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/labour.html


12/48

Environment

Principle 7: Businesses should support a precautionary approachto environmental challenges;

Principle 8: undertake initiatives to promote greater environmental

responsibility; and Principle 9: encourage the development and diffusion of

environmentally friendly technologies.

Anti-Corruption

Principle 10: Businesses should work against corruption in all itsforms, including extortion and bribery.
http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/environment.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle7.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle8.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle9.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/anti-corruption.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle10.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle10.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/anti-corruption.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/anti-corruption.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/anti-corruption.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle9.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle8.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle7.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle7.htmlhttp://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/environment.html


13/48

Universal Declaration on Human Rights

Equality before the law

Protection against arbitrary arrest

Right to a fair trial

Freedom of thought & opinion

Freedom of association

Political participation

Right to life, liberty & security

Freedom from slavery & torture

Civil & Political

Rest & leisure

Equal pay for equal work

Right to join & form unions

Right to education

Right to social security

Adequate standard of living

Right to work

Just & favourable conditions

Economic, Social & Cultural


14/48

International Human Rights

Universal Declaration of Human Rights 1948

International Labour Organisation Core Conventions:

29: Forced labour 1930

87: Freedom of association 1948

98: Right to organise & collective bargaining 1949

100: Equal remuneration 1951

105: Abolition of forced labour 1957

111: Discrimination (Employment / Occupation) 1958

138: Minimum age 1973


15/48

UN Human Rights Normsfor Business

Approved by the UN Sub-Commission onHuman Rights in August 2003

Draw together many other international

standards Challenge CSR paradigms of no one size fits

all and voluntary

UN role in monitoring and verifying corporate

performance contentious April 2004: UN Human Rights Commissioner

Louise Arbour asked to compile report withoptions and possible means of implementation


16/48

Implementation and

enforcement mechanisms

adopt internal operational rules complying with the UNNorms (for example, ahuman rights policy);

incorporate the UN Norms in contracts and dealings withothers;

train all concerned;

deal only with suppliers and other businesses which followthe UN

Norms;

ensure monitoring throughout the supply chain;

establish confidential hotlines and worker complaintmechanisms; and,

periodically conduct self-evaluation, report compliance andimplement remedial plans.


17/48

Implementation and

enforcement mechanisms

Second, the Norms contemplate that theirapplication could be assessed throughexternal

monitoring and verification. The third method of enforcement is through

the state and individuals and organizations

using state enforcement mechanisms.


18/48

UN Human Rights Normsfor Business

Equal opportunity andnon-discriminatorytreatment

Security of persons Adequate

remuneration

Freedom ofassociation / collectivebargaining

National sovereigntyand local communities

Forced or compulsorylabour, child labour,safe and health

environments Bribery and corruption

Consumer protection

Environmentalprotection


19/48

Human Rights Policy Checklist

Stated commitment to UDHR and relatedinternational protocols

Scope

All company activities Sphere of influence

Clearly articulated responsibilities

Implementation procedures

Specific commitments on sector issues


20/48

Global Reporting Initiative (GRI)


21/48

Operationalization

Purely a voluntary initiative.

Freely available on a non-proprietary basis.

The Guidelines provide principles, reporting elements and performance indicators for

report content and recommend general information for all sector-specific data to be

disclosed and propose a uniform format for report presentation.

To assist users a suite of associated generic support tools are available such asSector

Supplements, and Technical Protocols.

Individuals or organizations can sign up as stakeholder and as such become anelement

in GRIs governance structure and the foundation for sustaining the GRI as an open,

democratic and global institution. As such an organizational stakeholder agrees to:

Actively promote GRIs mission.

Participation in the GRI process both governance and ad-hoc activities.

Undertake GRI-based reporting within 3 years after registration for business

organizations and 5 years for others


22/48

Millennium DevelopmentGoals(2015)


23/48

OECD Guidelinesfor multinational companies


24/48

The OECD Guidelines for Multinational Enterprises (the Guidelines) arerecommendations addressed by governments to multinational enterprises operatingin or from adhering countries.

They provide and for responsible business conductin areas such as employment and industrial relations, human rights, environment,information disclosure, combating bribery, consumer interests, science andtechnology, competition, and taxation.

OECD (Organization for Economic Cooperation and Development )

Guidelines for multinational companies

The Guidelines are legally non-binding


25/48

1 : contains the first specific recommendations, includingprovisions on human rights, sustainable development, supply chainresponsibility, and local capacity building, and more generally calls on

enterprises to take full account of established policies in the countries in whichthey operate.

2. addresses major aspects of corporatebehavior in this area including child and forced labour, non-discrimination

and the right to bona fide employee representation and constructivenegotiations.

3. : encourages enterprises to raise their performance inprotecting the environment, including performance with respect to health andsafety impacts.

4 . : covers both public and private bribery and addressespassive and active corruption.


26/48

5 : recommends that enterprises, when dealing withconsumers, act in accordance with fair business, marketing and advertising

practices, respect consumer privacy, and take all reasonable steps to ensure thesafety and quality of goods or services provided

6. : aims to promote the diffusion by multinationalenterprises of the fruits of research and development activities among thecountries where they operate, thereby contributing to the innovativecapacities of host countries.

7. : emphasizes the importance of an open and competitive businessclimate.

8. : calls on enterprises to respect both the letter and spirit of tax laws andto co-operate with tax authorities


27/48

Implementationof the OECD Guidelines for Multinational Enterprise

According to the OECD Council decision each adhering country has to set up a(NCP). The National Contact Point is an entity responsible for the promotion

of the Guidelines on a national level. An NCP handles all enquiries and matters related tothe Guidelines in that specific country, including investigating complaints about acompany operating in, or headquartered in that country.

OECD Investment Committee is the OECD body responsible for overseeing thefunctioning of the Guidelines and implementation of all OECD investment instruments.The Committee consists member states' senior officials from treasuries, economics, tradeand industry, and foreign affairs ministries and central banks. All OECD member statesare members of the Investment Committee.


28/48

Launched in September 1999

Managed cooperatively by Dow Jones Indexesand Sustainable Asset Management(SAM)

Identified as the most credible sustainable ratingapproach amongst 100+ rating organizationssurveyed by Sustainability.


29/48

The Evaluation is based on an analysis of the

Corporates

Economic

Environmental

Social performance

Assessing issues such as corporate governance,

risk management, branding, climate changemitigation, supply chain standards and labor

practices.


30/48


31/48


32/48

2010 WORLD Dow Jones Sustainability


33/48

2010 WORLD Dow Jones SustainabilityIndex

Source: Dow JonesSustainalbilty index Guidebook


34/48

What is Sarbanes Oxley Act?

Senator Paul Sarbanes and RepresentativeMichael Oxley, who drafted the Sarbanes-Oxley

Act of 2002.

It was made to protect investors by improving theaccuracy and reliability of corporate disclosuresmade pursuant to the securities laws, and forother purposes.


35/48

What is it about?

Financial statements filed with the SEC byany public company must be certified byCEOs and CFOs; all financials must fairly

present the true condition of the issuer andcomply with SEC regulation.Violations will result in fines less than or equal to

$5 million and /or a maximum of 20 years

imprisonment.Anyone convicted of securities fraud maybe banned by SEC from holdingofficer/director positions in public companies

Mail fraud/wire fraud convictions carr 20


36/48

Contd..

The SEC has the authority to freeze

payments to any individual involved inan investigation of a possible securityviolation

Any retaliatory act againstwhistleblowers or other informants issubject to fine and/or 10 yearimprisonment


37/48

Why this Act was needed?

After the cases of Enron, WorldCom ,Tyco andother corporate scandals there was a need toenhance corporate governance and strengthen

corporate accountability.It does that by:

Formalizing and strengthening internal checks

and balances within corporationsInstituting various new levels of control andsign-off designed to

Ensure that financial reporting exercises fulldisclosure .


38/48

Who the Act applies to?

All public companies in the U.S. andinternational companies who areregistered with the Securities and

Exchange Commission.


39/48


40/48

Freedom of Association and Protection of the Right to Organise Convention, 1948(No. 87)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)Forced Labour Convention, 1930 (No. 29)

Abolition of Forced Labour Convention, 1957 (No. 105)

Minimum Age Convention, 1973 (No. 138)

Worst Forms of Child Labour Convention, 1999 (No. 182)

Equal Remuneration Convention, 1951 (No. 100)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111)


41/48

This convention is fundamental to the exercise of collective labour rights by tradeunions and unionists. It was adopted on the Nigeria is a signatoryto the convention.

.

This is similar to the right guaranteed by section 40 of the constitution on the rightto associate freely and form trade union


42/48

The convention seeks to protect the rights ofstakeholders in industrial relations to bargainvoluntarily.

It prohibits anti-union discrimination againstworkers.


43/48

The convention defines forced labour as all

and for which the saidperson


44/48

This convention is aimed at the abolishment of certain forms of forced labour stillallowed under the Forced Labour Convention of 1930

In order to implement of the Forced Labour Convention, 1930 and the Abolition ofForced Labour Convention, 1957, the Special Action Programme to Combat Forced

Labour hasbeen set up.


45/48

This convention requires ratifying states to pursue a national policy designed toensure the

.

Countries are free to specify a minimum age for labour, with a minimum of 15years. Laws may also permit light work for children aged 1315 (not harmingtheir health or school work). The minimum age of 18 years is specified for workwhich "is likely to jeopardise the health, safety or morals of young persons"


46/48

Through this convention, a country commits itself to

.

The ILO's is

responsible for assisting countries in this regard as well as monitoring compliance. It recommends that programmes of action should attend specifically to

, andother groups of children with special vulnerabilities or needs.

It also includes the that should be considered to be

a country-based


47/48

It is the aimed at

States parties may accomplish this through legislation, introduction of a system forwage determination and/or collective bargaining agreements


48/48

The convention requires states to enable legislation which

and repeal legislation that is not based on .

human rights unit 4

Documents