6. Business and Human Rights
General Resources and Tools
- United Nations Guiding Principles on Business and Human Rights (UNGPs) 2011
- Office of the High Commissioner for Human Rights (OHCHR) – The Corporate Responsibility to Respect Human Rights, 2012
- UN – UN Guiding Principles Reporting Framework with Implementation Guidance, 2016
- OECD – OECD Guidelines for Multinational Enterprises, 2023
- OECD – OECD Due Diligence Guidance for Responsible Business Conduct, 2018
- OECD – OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, 2016
- OECD – OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas Supplement on Gold, 2012
- UNDP, Human Rights Working Group – Heightened Human Rights Due Diligence for Business in Conflict‑Affected Contexts
- Responsible Jewellery Council (RJC) – Human Rights Implementation Toolkit, 2022
- RJC – Code of Practice, 2019
- RJC – Code of Practice Self-Assessment
- RJC – Risk Assessment Toolkit
- RJC – Due Diligence for Diamonds and Coloured Gemstones Toolkit
- RJC – Due Diligence for Precious Metals Toolkit
- RJC – Small Business Sustainability toolkit
- RJC – Retailer Sustainability Toolkit
- United Nations Global Compact & Business and Human Rights Navigator
- Responsible Minerals Initiative (RMI) – Conflict Minerals Reporting Template (CMRT)
- Responsible Minerals Initiative (RMI) – Practical Guide to Minerals Due Diligence Implementation
- Responsible Minerals Initiative (RMI) – Responsible Minerals Initiative Training
- European Commission – Conflict Minerals Regulation Explained
- Responsible Minerals Initiative (RMI) – Due Diligence Playbook
- Responsible Business Alliance (RBA) – Practical Guide to Implementing Responsible Business Conduct Due Diligence in Supply Chains
- Ethical Trading Initiative (ETI) – Human rights due diligence framework
- Ethical Trading Initiative – Guide to buying responsibly
- Global Business Initiative on Human Rights (GBI) – Business Practice Portal
- Danish Institute for Human Rights (DIHR) – Human rights impact assessment guidance and toolbox
- Danish Institute for Human Rights (DIHR) – Driving change through public procurement
- UN Global Compact – The Global Compact Self-Assessment Tool
- Human Rights Watch – Is Our Jewelry Company Sourcing Responsibly? 20 Questions Company Officials Should Ask to Guide Action
- Human Level – Respecting Indigenous Rights: An Actionable Due Diligence Toolkit for Institutional Investors
- UN Global Compact – How to Develop a Human Rights Policy
- UN Global Compact, TwentyFifty – Stakeholder Engagement in Human Rights Due Diligence
- IOM UN Migration – Fair and Ethical Recruitment Due Diligence Toolkit
- ICMM – International Council on Mining and Metals
- BSR – Business in Conflict-Affected and High-Risk Contexts
- BSR – Rapid Human Rights Due Diligence During Political and Armed Conflict, BSR
- UNDP – Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts: A Guide, UNDP
- UN Working Group on Business and Human Rights – Business, human rights and conflict-affected regions: Towards heightened action, UN Working Group on Business and Human Rights
- DCAF – Security and Human Rights Toolkit, DCAF
- Australian Red cross & RMIT University – Doing Responsible Business in Armed Conflict, Australian Red Cross & RMIT University
- International Committee of the Red Cross (ICRC) – Business and international humanitarian law, International Committee of the Red Cross
Standards and Tools
- International Labour Organization (ILO) – R130 Examination of Grievances Recommendation
- CAO – Grievance Mechanism Toolkit
- IPIECA – http://www.ipieca.org/news/ipieca-launches-community-grievance-mechanism-toolbox/
- IFC – Good Practice Note on Addressing Grievances from Project-Affected Communities
Research reports and literature
- OHCHR, Accountability and Remedy Project III: Enhancing effectiveness of non-state-based grievance mechanisms in cases of business-related human rights abuse, (2020)
- Regulation & Governance 14, 840–860, Non-judicial business regulation and community access to remedy (2020)
- International Council on Mining and Metals (ICMM), Handling and Resolving Local-level Concerns and Grievances: Human rights in the mining and metals sector (2019)
- International Commission of Jurists (ICJ), Effective Operational-level Grievance Mechanisms, (2019)
- BSR, In Search of Justice: Pathways to Remedy at the Porgera Gold Mine, Jungk, Margaret, Chichester, Ouida, and Fletcher, Chris, (2018)
- Business and Human Rights Journal, Community-Driven Operational Grievance Mechanisms – Volume 1 Issue 1 – Jonathan KAUFMAN, Katherine McDONNELL (2016)
- Ludwig Boltzmann Institute of Human Rights, The Right to Remedy, Extrajudicial Complaint Mechanisms for Resolving Conflicts of Interest Between Business Actors and Those Affected by Their Operations, Linder, Lukas & Steinkellner, (2013)
- Dispute or Dialogue? Community perspectives on company-led grievance mechanisms, E. Wilson & E. Blackmore, (2013)
- Office of the Compliance Advisor/Ombudsman (CAO), A Guide to Designing and Implementing Grievance Mechanisms for Development Project: Advisory note (2008)
Human Rights:
The idea of human rights is simple and powerful: people have a right to be treated with respect and dignity. Human rights are inherent in all humans, no matter their nationality, residence, ethnicity, race, gender, sexual identity religion, language, or other status.
The ‘UNGPs’:
In 2011, the United Nations Guiding Principles on Business and Human Rights (UNGPs) were unanimously adopted by the United Nations Human Rights Council. Drafted in consultation with business, civil society groups, and governments, the UNGPs are the authoritative global standard on business and human rights.
State duty to respect:
First & foremost the UNGPs clearly state that governments have the responsibility to protect human rights.
Corporate responsibility to respect:
The UNGPs state that business has a ‘corporate responsibility to respect human rights’ and at a high-level, defines this as, “Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.”
Priority focus areas:
companies are expected to identify the most likely and severe human rights impacts that could occur in its own operations or business relationships in the value chain and take action.
Due diligence:
An ongoing risk management process companies should deploy to identify and assess human rights impacts: integrate and act on the findings; tack effectiveness and communicate results.
Rights-holders:
In general terms, all human beings are rights-holders, under the Universal Declaration of Human Rights. For companies, they are individuals or social groups that have particular entitlement in relation to a companies’ value chain, e.g., own employees, supply base workers, distribution base workers, patients, caregivers, local communities…
Vulnerable groups:
While all human beings are “rights-holders”, some groups or individuals face specific hurdles in relation to the enjoyment of rights – these are identified as potentially ‘vulnerable groups’, e.g., children, women, migrant workers, persons with disabilities, indigenous peoples.
Grievance Mechanism:
A process through which a human rights grievance can be raised (including anonymously), assessed, investigated, and responded to, without retaliation or fear of retaliation.
Remedy:
Remedy is both the process of providing remedy for a negative human rights impact and the substantive outcomes that can counteract, or make good, the negative impact. The role of the company in remedy is often defined by how connected it is to the human rights impact – did it cause, contribute or was it linked to the harm?
