Posts Tagged ‘Business and human rights’

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Human Rights Defenders – among the top 10 issues for Business and Human Rights in 2016

December 20, 2015

The Institute for Human Rights and Business has published: Human Rights Defenders and Business – Searching for Common Ground. This is the fourth in a series of Occasional Papers by IHRB to provide independent analysis and policy recommendations about timely subjects on the business and human rights agenda. In this instance, this paper is co-published with Civil Rights Defendersand Front Line Defenders, both organisations with practical research, campaigning, and advocacy experience of the issues raised in the paper.

As cases in this Paper show, journalists exposing corruption, Internet activists demanding accountability, and community activists campaigning for land rights have all faced pressure.

More than sixty governments have passed laws in the last three years to place restraints on the ability of human rights defenders to hold their governments to account. Among those targeted are individuals and organisations who challenge economic policies or business conduct. Human rights defenders’ activities are being criminalised and they face surveillance, intimidation, lawsuits, arrests, and torture – in some cases, even death.

Companies are engaging with civil society, but mutual suspicions remain. Companies share common goals with human rights defenders – accountability, transparency, the rule of law, and due process. Companies should build on these common interests and engage human rights defenders, and where possible, speak out in their defense. To download:

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Occasional Paper: Human Rights Defenders and Business – Searching for Common Ground
The same institution – to mark International Human Rights Day 2015 – published the seventh annual list of the Top 10 Business & Human Rights Issues for the 2016 (these issues are not ranked in order of importance). The one specific on human rights defenders reads:
Defending Defenders: A Role for Business in Championing Civil Society
Defending Defenders: A Role for Business in Championing Civil Society

More than sixty governments have passed laws in the past three years to place restraints on the ability of human rights defenders to hold their governments to account for actions that undermine respect for international standards. Among those targeted are individuals and organisations who champion alternate economic paradigms or challenge government policies or business conduct. Some have faced intimidation, surveillance, lawsuits, arrests, and torture.

Twenty years ago, after a trial that failed to meet international standards, the Nigerian Government executed Ken Saro-Wiwa and eight other Ogoni leaders who opposed the activities of Shell in the Niger Delta. The case sparked global awareness of business’ human rights responsibilities beyond the factory walls, leading to the development of standards, advocacy, initiatives, codes of conducts, and eventually a comprehensive UN framework and principles for business and human rights.

Despite some progress over the past two decades, suppression of activists too often continues. The UN has passed a resolution recognising the legitimate role of peaceful activists who call out abusive behaviours, including business actions that undermine respect for human rights. Yet a growing number of governments are also passing new laws to restrain civil society activities.

Human rights defenders are like canaries in a mine. When they campaign against abuses, they highlight society’s fundamental problems, such as lack of accountability, transparency, or the rule of law. Courts have jailed journalists exposing corruption, governments have tried Internet activists, authorities have prevented activists from travelling abroad, and states have cracked down on funding sources of non-governmental organisations. International financial institutionsare also under focus. The international community is increasingly paying attention to their cause. At the 2015 UN Forum on Business & Human Rights, there was special focus on human rights defenders and the role of business.  

In the year ahead, some governments, businesses, and NGOs will likely sharpen criticism of states that unjustifiably attack human rights defenders, as well as the companies that benefit from such crackdowns and choose to say nothing. With rising concerns over terrorism and the resulting tendency in many countries to emphasise security threats over protecting human freedoms, the road ahead for those who dissent will not be easy. The combined voice of global business will be critical in effectively promoting the legitimate role of individuals and organisations that champion human rights principles and standards in societies around the world. 

Sources:

Top 10 Business and Human Rights Issues for 2016 – Top 10 Emerging Issues

http://www.ihrb.org/publications/reports/human-rights-defenders.html?utm_source=IHRB+Subscribers&utm_campaign=0e75f77298-eNews_Update_Quarterly_Update_2&utm_medium=email&utm_term=0_94694639e6-0e75f77298-120645865

see also: https://thoolen.wordpress.com/tag/business-and-human-rights/

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Human Right Defender Jean-Pierre Okenda, Democratic Republic of Congo

November 29, 2015

On 26 October 2015, the ISHR published a profile of human rights defender Jean-Pierre Okenda, Democratic Republic of Congo. It was conducted on the margins of a meeting of the African Commission. ISHR-logo-colour-high

Jean-Pierre Okenda has taken his own route toward improving human rights impacts of extractives projects in his country. His role, as coordinator for a platform of civil society organisations in the mining sector, involves a great deal of immersion in books and texts, but also with people.

‘In the context of the DRC, it was absolutely critical that I redirect my work to make clear the connection between human rights and the extractive sector, and that meant research. It means understanding the global stakes of the issue. It meant explaining how bilateral relations and investment treaties really impact ordinary citizens and their rights.” Research for research’s sake is not Mr Okenda’s goal. He aims to develop networks, training, and tools to empower affected communities and other organisations to better document, understand, and evaluate the human rights impacts of a project.  He also emphasises the role of research in strengthening peoples’ understanding of the links between human rights, extractives industries, and taxation, incomes, and other ‘technical’ issues. He also urged legal reforms to help protects human rights at the local level.

“Building relationships with the government and enterprises is a challenge – but it is possible, if one understands where they start from. I sent a questionnaire on human rights to local and national authorities, and you know what? There was, aside from a small amount of general familiarity at the central level, a total gap in terms of human rights knowledge. This made it clear that – sometimes – violations arise because of this lack of awareness or training. And yet, they are still responsible for protecting and realising these rights!” It is important,’ he added, ‘that they know what we are looking for when we come and ask for such and such a document’.

With corporations, it is the same. They limit themselves to two things: to the legal framework, and to the business’s internal priorities and policies. If they don’t have an internal policy, it’s likely that they don’t know a thing about human rights. To get them to think about human rights, it is critical to use another language they will understand, the language of professionalism.To further insist on empowering local communities and civil society to act, Mr Okenda noted the critical importance of having decentralized human rights institutions, so that even communities far from Kinshasa could seek resources and assistance to combat violations and abuses. ‘There is a growing global move toward more participation of civil society, in decisions related the politics and planning, in addition to the implementation. We need to see this apply in the area of extractives as well.’ The participation at the global level of local communities in the conversation about human rights and businesses is important. But the ability to participate is limited, says Mr Okenda, and so while human rights are central to the resolution of the issue, they will always be limited by governments’ hypocrisy, by neoliberalism, the financial crisis, and other geostrategic concerns.

Mr Okenda is clear: risks do exist, for all human rights defenders, including intimidation, violent attacks, denunciation, and abusive prosecutions. For those working on investment and extractives issues, the problem is that these might sometimes be the very same individuals or institutions (e.g., government agencies) that are meant to be protecting the people.So, according to Mr Okenda, defenders face every day a personal dilemma – to do what they think is right and defend a community’s interests, or to protect their property and the lives of themselves and their families.  In addition to overt risks, some defenders face pressure from their families themselves, who worry about the impact of rights defence work on safety and security. ‘When the family becomes vulnerable, you are really weakened, too.’ Nonetheless, concludes Mr Okenda: Even if there are risks, even if we human rights defenders face failure or lose patience, it is essential to keep speaking out. Silence is the biggest threat.Mr Okenda remains optimistic in his work. Efforts to encourage the government to recognize human rights defenders, and – along with corporate actors – see defenders as partners as opposed to adversaries, will be key.

Source: Defender Profile: Jean-Pierre Okenda, Democratic Republic of Congo | ISHR

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Alberto Solis Castro explains the unbalanced power of government and businesses in Mexico

November 24, 2015

On 2 November the ISHR carries an interview with Alberto Solis Castro, a human rights defender concerned with the indigenous communities in Mexico.

Read the rest of this entry »

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Environmental Human Rights Defender Muhammad Dairyman Indonesia

November 23, 2015

In the series Human Rights Defender Profiles [ISHR] this time: Muhammad Darisman, from West Java, Indonesia:

In the context of breakneck pace of economic development Muhammad Dairyman stands out. He currently partners with U.S.-based Worker Rights Consortium to monitor and improve working conditions in garment factories, but he is also the founder, since 2009, of a local NGO that raises awareness of occupational disease and victim’s rights. He has led campaigns to highlight the ongoing (and legal) use of asbestos in Indonesia and across the Asian region, and to raise awareness about the negative health impacts on workers and communities. Read the rest of this entry »

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Contrasting views of human rights in business: World Bank and IT companies

November 19, 2015

Here two contrasting statements on the theme of business and human rights. One describes the hesitation of the World Bank to apply human rights criteria and even use the word human rights (posted in the Huffington post of 18 November 2015 by Nezir Sinani [www.twitter.com/NezirSinani] and Julia Radomski, and the other is a piece written by Owen Larter and Nicolas Patrick entitled “Microsoft & DLA Piper – Why Human Rights and Human Rights Defenders are Right for our Business” [published in the ISHR Monitor on 27 October 2015]. Read the rest of this entry »

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Business and Human Rights: where to go in the UN

November 19, 2015

from Special Issue on Business and Human Rights by the ISHR, October 2015

For human rights defenders interested to find their way in the myriad of procedures and soft law surrounding the issue of business and human rights:

The UN established in June 2011 a Working Group on the issue of human rights and transnational corporations and other business enterprises.
The key mandate of the Working Group is to promote the effective and comprehensive dissemination and implementation of the Guiding Principles on Business and Human Rights, using the usual range of tools available to Special Procedures of the Human Rights Council (country visits, thematic reports, and individual communications).In order to discuss the trends and challenges in the implementation of those Guiding Principles and to promote dialogue and cooperation on issues linked to business and human rights, a Forum on Business and Human Rights has been held every year since 2012 and is open to all relevant stakeholders, including in particular human rights defenders. There is an increasing focus on human rights defenders in the agenda of the Forum, with two specific panels dedicated to human rights defenders in 2015 focusing on women human rights defenders and on the role of business in protecting defenders respectively.

The Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the rights to freedom of peaceful assembly and of association have both expressed concern about human rights defenders working on these issues, with the previous Special Rapporteur on human rights defenders devoting a report to the issue of human rights defenders working on major development projects and the Special Rapporteur on the rights to freedom of peaceful assembly and of association devoting a report to the issue of freedom of association and the extractive industries.

In June 2014, the Human Rights Council mandated an Intergovernmental Working Group (IGWG), tasked with commencing work towards the drafting of an international legally binding treaty on business and human rights. In July 2015 the IGWG had their first session, more information and reports can be found here.

Finally, the UN Global Compact initiative, is intended as a practical framework for the development, implementation, and disclosure of sustainability policies and practices by businesses that are committed to aligning their operations and strategies with ten universally accepted principles.

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR, UN | 1 Comment »
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Defender Profile of Will McCallum, Greenpeace UK

November 16, 2015

On 28 October 2015, the Monitor of the International Service for Human Rights carried an interview with human rights defender Will McCallum who is a ‘Campaigner’ at Greenpeace in the United Kingdom.

‘I would say that it is the tactics we use are what provoke a backlash from the Government as much as the issues we work on. In the UK if you make full use of the freedom of information system or judicial reviews, then you are probably going to have speak out publicly about the failures of government policies. This is what puts you in the firing line’.

And as Greenpeace and other environmental groups have highlighted the risks to environmental rights implied by UK energy and climate policies, they have found themselves targets of derogatory statements from both authorities and the media, questioning the motives of their work. The previous Environment Secretary labelled them ‘self-serving’, ‘highly paid globe-trotters’ ‘focusing on the wrong issues and doing real harm while profiting handsomely’.

Yet Will says that this is actually emblematic of a broader governmental intolerance of civil society advocacy. ‘There is a general background noise from the government which is anti-NGO; there’s a sense of disrespect and there’s been a marked difference since 2012. It’s as if the government see questioning by civil society as a pain which ought to be kept in check. But dissent has its rightful place in a democracy and, in fact, we can help ensure the government makes policies which respect rights and protect the environment. There is a sense that in the UK the government would like to see the role of NGOs as one of simply service providers’.

This attitude has manifested itself not only in the governmental discourse, but also in legislation limiting NGO activities. Will points to the 2014 Lobbying Act, which put strong financial and administrative limitations on the advocacy work NGOs could do around election periods. A recent letter by 150 NGOs called for the law’s repeal, following a recent independent inquiry into its impact.‘At least as concerning for us, however, is the current review of the Freedom of Information Act. Over 140 organisations spoke out last month in concern at apparent attempts to weaken the Act. The government has mandated a Commission to carry out the review, but almost all of its members are politicians and all have a track record of questioning the Act. Where’s the balance? Where’s the view of those of us who rely upon the Act to hold the government accountable?’

Will is concerned at suggestions that the Commission will recommend the implementation of fees for tribunal appeals against freedom of information decisions, currently free. ‘At Greenpeace we have a certain amount of resources we could invest in such appeals. But what’s the impact for smaller organisations and grass-roots human rights defenders? They rely on this Act to demand better from the State’. A lack of transparency and of proper consultation are two obstacles which make it difficult for organisations and communities to question the environmental impact of business projects, says Will. ‘On the one hand, there is a failure by the government to be transparent regarding who they are being lobbied by and how; there is no effective lobbying register. Yet on the other hand there is a reluctance on the part of the State to listen to those communities and activists who are asking for an environmental perspective to be taken into account. The government wants to expedite business projects at all costs, as shown by a recent change to planning guidance which will allow central government to circumvent local authorities in the approval of fracking projects if the latter has taken more than 16 weeks to evaluate a project proposal’.

In an echo of a disturbing global trend, another fear amongst environmental rights organisations in the UK, is the possible use of counter-terror and surveillance legislation to limit their activism… ‘The government has said that the Extremism Bill is to tackle what falls below the legal threshold for terrorist proscription. There needs to be a clear articulation of what this means to ensure the law cannot be abused. Meanwhile, the Policing and Criminal Justice Bill provides for 90-day pre-trail detention. Any law which gives authorities who are relatively intolerant to dissent the power to lock people up before they’ve been judged must be subject to proper consultation of local civil society and international human rights experts before it is passed’. It will also fall upon this government to make guarantees of no-repetition in the cases of police spying and surveillance of environmental groups which have led to a public inquiry into undercover policing…

Source: Defender Profile: Will McCallum, United Kingdom | ISHR

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No more ‘business as usual’ when it comes to business and HRDs

November 11, 2015

On 19 October Michel Forst, UN Special Rapporteur on Human Rights Defenders, wrote a piece for the Monitor of the ISHR under the title “No more ‘business as usual’ when it comes to business and human rights defenders”.  Read the rest of this entry »

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Alejandro González, corporate accountability human rights defender from Mexico

September 21, 2015

A bit belatedly, I refer to the interview (19 June 2015) with Alejandro González in the Newsletter of the ISHR. Alejandro is a human rights specialist who works for PODER, an award winning and multi-faceted civil society organisation based in Mexico that helps build the capacities of communities, workers, NGOs, and other civil society groups affected by corporate malfeasance and accompanies their accountability campaigns.

‘We help communities participate in the consultative process. In the end, it is about what communities want. We are not in favour or against the project. We make sure communities know their rights and are aware of the potential positive and negative impacts of the project.’ Free, prior and informed consent of the local communities is needed to pass development projects in indigenous regions of Mexico. Recent reforms, however, have opened the energy sector to both national and international investment. Mexico is currently in a maelstrom of speculation. ‘This is a dangerous situation. Many powerful companies in Mexico have a poor track record in human rights and we are concerned that local communities will lose their power to defend their land rights. Communities affected by gas speculation can either be obliged to sell their land or be forcibly dispossessed. It is vital that we observe, facilitate and publicise these negotiations.’

PODER, together with rural communities, is currently conducting an ex ante human rights impact assessment on extractive projects in Puebla, Mexico. In other states, such as Hidalgo, Oaxaca, and Sonora, PODER conducts participatory research with communities and accompanies their advocacy efforts. In Oaxaca it is part of an international mission to monitor the Free, Prior and Informed Consent process regarding the construction of wind farms by Australian, Dutch, Japanese and Mexican corporations.

‘The government wants to use this case as a model – to set a precedent for all future negotiations. If it goes poorly, the consequences could be devastating … We have met frequently with the Dutch, European Union and other embassies to amplify the voices of local people. We have also conducted extensive research into the companies and provided this information to the community, to help them make informed decisions.’

Standing up to powerful economic actors is dangerous work. In 2013, Héctor Regalado Jiménez, member of the Popular Assembly of the Juchiteco People, was shot and killed after opposing the wind farms. ‘Another activist we were working with died in a suspicious car accident. We still don’t know what happened, but this is a common modus operandi in Mexico. The killers make it look like an accident. Community leaders are frequently subject to death threats and assaults.‘

Since PODER does not directly advocate on land rights issues, Alejandro is not in as much risk as the human rights defenders it supports, though he and his colleagues face increasing surveillance. He believes that a powerful political and corporate élite pose a major challenge to the work of business and human rights defenders across Mexico. ‘There is a small group of families who control most of the market. It is a secretive group who meet with the president and cabinet members behind closed doors. Together they decide the laws and regulations. That’s how they pushed through the reforms that opened up the energy sector.’

To address this lack of transparency in the government and private sector, PODER is involved in online platform  such as “Who’s Who Wiki” (rindeucentas.org) and ‘MéxicoLeaks’ – a whistleblowing tool that allows people to send information of public interest through secure technologies that protect the identity of the source. The information received through MéxicoLeaks is then verified, analyzed and published by the partners of the alliance, made up of civil organizations and media outlets. “The investigations that follow allegations communicated via ‘MéxicoLeaks’ are dangerous. In a two-year period, 10 journalists were murdered and 326 attacked. We have seen an increasing use of cyber attacks – as hackers force outlets offline or bombard them with viruses. Any journalist who exposes government corruption can expect to lose his job.”

Despite these adverse conditions, Alejandro is positive that good business practice is in the best interests of businesses. ‘We make corporations aware that human rights violations are a material risk. For example, if a company pollutes a river, there will be mobilisation and litigation against the company as well as a huge attack on their reputation – all of which costs money. Making corporations aware of the cost of violating human rights puts pressure on them to improve their due diligence.‘

‘In Mexico we would like to see a civil society powerful enough to be on equal footing with both the authorities and the private sector. For this you need information, complete transparency in everything the government does and strong accountability mechanisms. The private sector must prioritise human rights with due diligence, and not merely refrain from doing harm, but actively to do good.’

 

Alejandro González: Mexican corporate accountability human rights defender | ISHR.

see also: https://thoolen.wordpress.com/tag/mexico/

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Soraya Aziz Souleymane: a ‘business and human rights defender’ from the DRC

September 3, 2015

On 1 September 2015, the ISHR carried an interview with Soraya Aziz Souleymane, a business and human rights defender from the Democratic Republic of Congo (DRC).

Soraya holds the role of Deputy Field Office Director in charge of The Carter Center’s Mining Governance Program in the DRC, part of a new generation of young activists and NGO workers dedicated to seeing their country reach its potential.

Soraya started managing grants to affected communities at a large mining company’s foundation. She described her frustrations with the limitations of working within the foundation; she had discovered that many of the decisions about where and how to disburse the funds had already been made as part of the initial negotiations with affected communities. She soon decided to move into the corporate structure itself.

[When I joined the corporation,] it was an exceptional time, because the company was just beginning work in a new area and there was a need for many people… so much so that I was able to create a whole community relations department from the ground up. 

Despite the positive experience of getting the first community relations department off the ground, Soraya said she still wasn’t satisfied. She described the realization of the limitations of working with projects, saying: My impact was limited just to this one small community. I couldn’t take those impacts and apply them to others. Also, all the policies had to be linked to production, to the generation of profit for stakeholders and investors. That’s how companies have always worked, and this was no different.

Feeling sidelined after production began at the mine, she joined The Carter Center’s office in 2014.

Soraya described her transition from private sector to civil society, highlighting both challenges and opportunities:

At the company, it was good – we had resources, support, the voice, we had almost immediate access to the ministries, no problem. A big challenge at The Carter Center is that we don’t have the same financial resources or the same level of influence. But other things are better, at least for me. My primary goal now at work is to change the situation of communities –  all communities – not simply to increase production or placate one group. 

Soraya also uses her new role to engage in direct advocacy with the DRC government.  As she said, the chance to influence the policies of the state is ultimately a great opportunity. She also emphasized the value of gaining perspective through exposure to different sectors, and dismissed the idea that working for a company was ‘treason’. Instead, she noted that this kind of movement back and forth, especially within a sector, can lead to a lot of evolution and changing perspectives. It can also lead to more cooperation. We’ve seen many times when civil society and companies have joined forced against the government to say, “No, that will not fly.” It’s a strategic alliance.

…….

And despite the challenges, Soraya has a passion to do this work, and an optimism about civil society. I think my background, the fact that I am Congolese and that I have worked in the sector means I have real interest in and capacity to influence what my country becomes – my children will grow up here. 

I am very optimistic because there are many young people who are innovators, who are open to new ideas, who are willing to sit down with a range of stakeholders. They are also willing to say to the international community, “No, we don’t need x, we need y.” 

And as for the government, the emphasis is also on frank discussion, even when there is a disagreement. As Soraya says, We must work with them for change – and we must be clear that this is not the same as working for them, as accepting the problem.

-See more at: Soraya Aziz Souleymane: Business and human rights defender from the DRC | ISHR

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