Human Rights and Business

Human Rights
Human rights are universal legal guarantees protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity. Some of the most important characteristics of human rights are 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

States assume obligations and duties under international law The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others.

A-Z Of Human Rights Issues

Rights, office of the High Commissioner for Human Rights

( UN Human

Adequate Housing Children Civil and Political Rights Climate change Communications Cultural rights Democracy Detention Development (Good Governance and Debt) Disability and Human Rights Disappearances

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

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

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

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

Standards , codes and Frameworks

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

Global compact

The Global Compact asks companies to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labor standards, the environment, and anti-corruption: Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and Principle 2: make sure that they are not complicit in human rights abuses.

Human Rights

Global compact

Labor Standards
Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining; Principle 4: the elimination of all forms of forced and compulsory labor; Principle 5: the effective abolition of child labor; and Principle 6: the elimination of discrimination in respect of employment and occupation.

Environment
Principle 7: Businesses should support a precautionary approach to 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 its forms, including extortion and bribery.

Universal Declaration on Human Rights

Civil & Political
Right to life, liberty & security Freedom from slavery & torture

Economic, Social & Cultural

Right to work Just & favourable conditions Rest & leisure Equal pay for equal work Right to join & form unions

Equality before the law

Protection against arbitrary arrest Right to a fair trial Freedom of thought & opinion Freedom of association

Right to education
Right to social security Adequate standard of living

Political participation

International Human Rights

Universal Declaration of Human Rights 1948

International Labour Organisation Core Conventions:

29: Forced labour 87: Freedom of association 98: Right to organise & collective bargaining 100: Equal remuneration 105: Abolition of forced labour 111: Discrimination (Employment / Occupation) 1930 1948 1949 1951 1957 1958

138: Minimum age

1973

UN Human Rights Norms for Business

Approved by the UN Sub-Commission on Human 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 with options and possible means of implementation

Implementation and enforcement mechanisms

adopt internal operational rules complying with the UN Norms (for example, a human rights policy); incorporate the UN Norms in contracts and dealings with others; train all concerned; deal only with suppliers and other businesses which follow the UN Norms; ensure monitoring throughout the supply chain; establish confidential hotlines and worker complaint mechanisms; and, periodically conduct self-evaluation, report compliance and implement remedial plans.

Implementation and enforcement mechanisms

Second, the Norms contemplate that their application could be assessed through external monitoring and verification. The third method of enforcement is through the state and individuals and organizations using state enforcement mechanisms.

UN Human Rights Norms for Business

Equal opportunity and non-discriminatory treatment Security of persons Adequate remuneration Freedom of association / collective bargaining National sovereignty and local communities

Forced or compulsory labour, child labour, safe and health environments Bribery and corruption Consumer protection Environmental protection

Human Rights Policy Checklist

Stated commitment to UDHR and related international protocols Scope

All company activities Sphere of influence

Clearly articulated responsibilities Implementation procedures Specific commitments on sector issues

Global Reporting Initiative (GRI)

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 as Sector Supplements, and Technical Protocols. Individuals or organizations can sign up as stakeholder and as such become an element 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

Millennium Development Goals(2015)

OECD Guidelines
for multinational companies

OECD ( Organization for Economic Cooperation and Development ) Guidelines for multinational companies
The OECD Guidelines for Multinational Enterprises (the Guidelines) are recommendations addressed by governments to multinational enterprises operating in or from adhering countries. They provide voluntary principles and standards for responsible business conduct in areas such as employment and industrial relations, human rights, environment, information disclosure, combating bribery, consumer interests, science and technology, competition, and taxation. The Guidelines are legally non-binding

1. General Policies : contains the first specific recommendations, including provisions on human rights, sustainable development, supply chain responsibility, and local capacity building, and more generally calls on enterprises to take full account of established policies in the countries in which they operate. 2. Employment and Industrial Relations : addresses major aspects of corporate behavior in this area including child and forced labour, non-discrimination and the right to bona fide employee representation and constructive negotiations. 3. Environment: encourages enterprises to raise their performance in protecting the environment, including performance with respect to health and safety impacts. 4 .Combating Bribery : covers both public and private bribery and addresses passive and active corruption.

5. Consumer Interests: recommends that enterprises, when dealing with consumers, act in accordance with fair business, marketing and advertising practices, respect consumer privacy, and take all reasonable steps to ensure the safety and quality of goods or services provided 6. Science and Technology: aims to promote the diffusion by multinational enterprises of the fruits of research and development activities among the countries where they operate, thereby contributing to the innovative capacities of host countries. 7. Competition: emphasizes the importance of an open and competitive business climate. 8. Taxation: calls on enterprises to respect both the letter and spirit of tax laws and to co-operate with tax authorities

Implementation
of the OECD Guidelines for Multinational Enterprise
National Contact Point According to the OECD Council decision each adhering country has to set up a National Contact Point (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 to the Guidelines in that specific country, including investigating complaints about a company operating in, or headquartered in that country. OECD Investment Committee OECD Investment Committee is the OECD body responsible for overseeing the functioning of the Guidelines and implementation of all OECD investment instruments. The Committee consists member states' senior officials from treasuries, economics, trade and industry, and foreign affairs ministries and central banks. All OECD member states are members of the Investment Committee.

Launched in September 1999 Managed cooperatively by Dow Jones Indexes and Sustainable Asset Management(SAM)

Identified as the most credible sustainable rating approach amongst 100+ rating organizations surveyed by Sustainability.

The Evaluation is based on an analysis of the Corporates Economic Environmental Social performance Assessing issues such as corporate governance, risk management, branding, climate change mitigation, supply chain standards and labor practices.

2010 WORLD Dow Jones Sustainability Index

Source: Dow JonesSustainalbilty index Guidebook

What is Sarbanes Oxley Act?

Senator Paul Sarbanes and Representative Michael Oxley, who drafted the Sarbanes-Oxley Act of 2002.

It was made to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes.

What is it about?
Financial statements filed with the SEC by any public company must be certified by CEOs and CFOs; all financials must fairly present the true condition of the issuer and comply 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 may be banned by SEC from holding officer/director positions in public companies Mail fraud/wire fraud convictions carry 20

Contd..

The SEC has the authority to freeze payments to any individual involved in an investigation of a possible security violation Any retaliatory act against whistleblowers or other informants is subject to fine and/or 10 year imprisonment

Why this Act was needed?

After the cases of Enron, WorldCom ,Tyco and other corporate scandals there was a need to enhance corporate governance and strengthen corporate accountability. It does that by: Formalizing and strengthening internal checks and balances within corporations Instituting various new levels of control and sign-off designed to
Ensure

that financial reporting exercises full disclosure .

Who the Act applies to?

All public companies in the U.S. and international companies who are registered with the Securities and Exchange Commission.

Fundamental conventions
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)

Freedom of Association & Protection of the Right to Organize Convention,1948

This convention is fundamental to the exercise of collective labour rights by trade unions and unionists. It was adopted on the 9th of July 1948. Nigeria is a signatory to the convention. It provides that workers and employers have the right to establish or join organizations of their own choice without previous authorization . This is similar to the right guaranteed by section 40 of the constitution on the right to associate freely and form trade union

Right to Organise and Collective Bargaining Convention, 1949

The convention seeks to protect the rights of stakeholders in industrial relations to bargain voluntarily.
It prohibits anti-union discrimination against workers.

Forced Labour Convention, 1930

The convention defines forced labour as all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

Abolition of Forced Labour Convention, 1957

This convention is aimed at the abolishment of certain forms of forced labour still allowed under the Forced Labour Convention of 1930 like punishment for strikes and as a punishment for holding certain political views.

In order to implement of the Forced Labour Convention, 1930 and the Abolition of Forced Labour Convention, 1957, the Special Action Programme to Combat Forced
Labour has been set up.

Minimum Age Convention

This convention requires ratifying states to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. Countries are free to specify a minimum age for labour, with a minimum of 15 years. Laws may also permit light work for children aged 1315 (not harming their health or school work). The minimum age of 18 years is specified for work which "is likely to jeopardise the health, safety or morals of young persons"

Worst Forms of Child Labour Convention, 1999

Through this convention, a country commits itself to taking immediate action to prohibit and eliminate the worst forms of child labour. The ILO's International Programme on the Elimination of Child Labour (IPEC) is responsible for assisting countries in this regard as well as monitoring compliance. It recommends that programmes of action should attend specifically to younger children, the girl child, hidden work situation in which girls are at special risk, and other groups of children with special vulnerabilities or needs. It also includes the types of hazards that should be considered to be included within a country-based definition of worst form hazards.

Equal Remuneration Convention, 1951

It is the 100th International Labour Organization Convention aimed at equal remuneration for work of equal value for men and women. States parties may accomplish this through legislation, introduction of a system for wage determination and/or collective bargaining agreements

Discrimination (Employment and Occupation) Convention, 1958

The convention requires states to enable legislation which prohibits all discrimination and exclusion on any basis including of race, colour, sex religion, political opinion, national or social origin in employment and repeal legislation that is not based on equal opportunities.