
United Nations Special Representative of the Secretary-General on business & human rights
Updated 26 April 2010: The Special Representative has been collecting views and feedback; here he aims to test some of the propositions that are emerging.
In order to meet their responsibility to respect human rights, companies should clearly set and communicate their responsibilities, expectations, and commitments. Broad aspirational language may be used to describe respect for human rights, but more detailed guidance in specific functional areas is necessary to give those commitments meaning. This is often done through a statement of policy, but the format and label may differ from company to company.
Questions for discussion:
Propositions:
Re: In your experience, what is most challenging about developing a corporate statement of policy on human rights?
Three things come to mind. First, understanding that many existing policies covering various functions have a human rights component or relevance.But once this is done, the second is how to assess the quality of what the commitment vis-à-vis international human rights norms. This is why the Business Leaders Initiative on Human Rights created the Essential Steps. These are the result of BLIHR companies and human rights experts translating the international bill of rights and ILO core conventions into practical and clear language for business to review their own commitments against. See http://www.humanrights-matrix.net/assets/ES%20final.pdf or www.humanrights-matrix.net. Before all of this, the benefits and business case for action and drawing out a human rights statement is still a very tough conversation.
I think it's useful for a company to have some sort of company-wide 'policy statement' (or value or commitment or code of conduct or similar) on respecting the rights of those with whom they interact. Why? Because it means that employees are clear on what is expected of them. You can use the high-level statement as a 'hook' on which to hang several things:
a) external commitments (eg VPs, Global Compact etc) that will help your company to deliver its policy and also enable you to demonstrate to the outside world that you are doing so (eg through reports to the VPs plenary, properly verified sustainability reports; reports of independent advisory panels;
b) more detailed internal processes requirements that your businesses must follow (eg on community engagement, impact assessment, interactions with indigenous peoples, procedures to follow if you implement involuntary resettlement, use or and emissions to fresh water etc etc);
c) requirements on your contractors.
Stakeholder engagement, external accountability, and transparency are key elements in creating a human rights policy. A human rights policy should be publicly available and provide a mechanism to receive and investigate complaints by shareholders, impacted communities, workers, etc. in cases where national/local management is perceived as not complying with the policy, local complainants should be able to bring the facts to a central global body. A global framework agreement with a global union is one example of a policy that is negotiated with the impacted population (workers) and should provide a clear dispute resolution mechanism.