Category Archives: U.N. Guiding Principles on Business and Human Rights

Transparency and Human Trafficking: Is Your Company Prepared?

iStock_000030023406SmallCompanies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on issues ranging from conflict minerals to investments in Burma reflect this trend.

With respect to human trafficking, existing statutes such as the California Transparency in Supply Chains Act and proposed statutes such as the Business Supply Chain Transparency on Trafficking and Slavery Act require companies to report on their efforts to conduct due diligence on their supply… More

H.R. 4842: New Bill Calls for Transparency on Trafficking and Slavery in Corporate Supply Chains

SlaveryOn June 11, Representative Carolyn Maloney (D-NY) introduced H.R. 4842, the Business Supply Chain Transparency on Trafficking and Slavery Act of 2014. The bill, if passed, would require companies to file annual reports with the Securities and Exchange Commission (“SEC”) disclosing their efforts to identify and address specific human rights risks in their supply chains.

The proposed federal legislation, co-sponsored by Representative Chris Smith (R-NJ), would only apply to companies with annual worldwide gross receipts exceeding one hundred million dollars. If enacted, the legislation would require the… More

European Union Moves Closer to Mandatory Social and Environmental Reporting

Flag_of_Europe.svgThe European Union took another step toward requiring large companies to publish social and environmental performance reports when the European Parliament approved amendments to a draft directive by a 599-55 majority last week. All that now remains for the measure to come into force is for the leaders of the 28 EU member states to approve the directive by a qualified majority at their next meeting, currently scheduled for late June.

Now that the European Parliament has essentially finalized the text of the non-financial reporting directive, the scope of its requirements… More

Mandatory Social and Financial Reporting: Coming Soon to the European Union

Flag_of_Europe.svgCorporate social responsibility (“CSR”) may have its roots in voluntary efforts by businesses to address their broader impacts on society, but the trend towards CSR becoming mandatory advanced significantly this week under a deal that will soon require all large European companies to begin issuing annual social and environmental performance reports.

On February 26, the European Council and the European Commission reached an agreement that all but guarantees that the forthcoming European directive on corporate social responsibility will require all publicly traded companies with more than 500 employees to… More

Q & A on Trends in Corporate Social Responsibility

Questions & AnswersIn November, Gwen Jaramillo and I published a piece in Practical Law that looked at trends relevant to CSR. The piece covered a range of topics, including new legislative and regulatory requirements, the role of the board of directors, and key concerns for corporate general counsel.

In noting the key role of the board in overseeing a company’s approach to CSR, we observed:

A key function of the board is to oversee management’s approach to: risk management; legal and regulatory compliance; and strategic planning. The board… More

Q & A with Gare Smith, Chair of the Corporate Social Responsibility Practice

gare-smith-03-630Barrick Gold Corporation (“Barrick”) recently published an interview with Gare Smith, Chair of Foley Hoag’s CSR practice and a member of Barrick’s CSR Advisory Board.

Gare founded the CSR practice in 2000 after serving as Senior Foreign Policy Advisor and Counsel to U.S. Senator Edward M. Kennedy and Principal Deputy Assistant Secretary in the U.S. State Department’s Bureau of Democracy, Human Rights and Labor. Gare also previously served as Vice President of Levi Strauss & Co.

The interview, which was published in the Barrick’s Beyond Borders magazine covered a range of topics relevant to extractive sector… More

“Hardening” Soft Law and Human Rights Expectations for Financial Institutions

global moneyEarlier this month, a group of global banks known as the Thun Group released a discussion paper exploring the ways in which financial institutions might seek to integrate the U.N. Guiding Principles on Business and Human Rights into their core business activities.

Current members of the Thun Group include Barclays, BBVA, Credit Suisse AG, ING Bank N.V., RBS Group, UBS AG, and UniCredit.

Notably, one of the identified drivers for the Thun Group’s work includes “acting instead of waiting for legal requirements.” The authors observe that the Guiding Principles represent “hardening”… More

Responding to Investor Concerns Regarding Human Rights Impacts

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Increasingly, companies will face explicit demands from investors, especially members of the socially responsible investor community, that they provide detailed disclosures regarding internal processes and procedures to assess and manage the human rights impacts of their operations. For many companies, responding to these requests will require careful review of the nature of the impacts of their operations and the development of internal capacity to understand and communicate those impacts through a human rights lens.

Following up on the release of the U.N. Protect, Respect, Remedy Framework and the U.N…. More

Taking Stock of Business and Human Rights in the United States

iStock_000019288608XSmallThis post was originally published by the Institute for Human Rights and Business.  It is reposted here with permission.  

This week, members of the United Nations (“U.N.”) Working Group on Human Rights and Transnational Corporations are making an official visit to the United States as part of the Group’s mandate to promote the effective implementation of the U.N. Guiding Principles on Business and Human Rights. The visit, only the second by the Working Group since its establishment in 2011, provides an important opportunity to engage all stakeholders on efforts… More

Reflections on the Evolving Business and Human Rights Agenda

As mentioned in last week’s post, participants in the Voluntary Principles Initiative recently held their Annual Plenary Meeting. The discussions began with opening addresses from Professor John Ruggie, the former U.N. Special Representative on Business and Human Rights and author of the U.N. Guiding Principles, and Dr. Margaret Jungk, from the U.N. Working Group on Business and Human Rights.

In their remarks, both Professor Ruggie and Dr. Jungk noted the tremendous evolution that has taken place in the business and human rights agenda since the… More

Participants in the Voluntary Principles Initiative Gather for 2013 Annual Plenary Meeting

On March 13-14, participants in the Voluntary Principles Initiative gathered in The Hague for the 2013 Annual Plenary Meeting. Foley Hoag’s Corporate Social Responsibility (“CSR”) practice has served as the Secretariat for the Voluntary Principles Initiative since June 2010.

Established in 2000, the Voluntary Principles Initiative is a tri-partite multistakeholder initiative that provides guidance to companies in extractive industries on maintaining the safety and security of their operations within a framework that ensures respect for human rights and fundamental freedoms.

Outreach and implementation efforts were… More

Telecommunications Companies Release Guiding Principles on Freedom of Expression and Privacy

The Telecommunications Industry Dialogue, a group of eight telecommunications companies, recently published a set of Guiding Principles on freedom of expression and privacy. Originally formed in 2011, the Industry Dialogue also announced a two-year partnership with the Global Network Initiative.

Current participants in the Industry Dialogue include: Alcatel-Lucent, France Telecom-Orange, Millicom, Nokia Siemens Networks, Telefonica, Telenor, TeliaSonera, and Vodafone.

Through a commitment to the Guiding Principles, these companies have agreed to

  • Create and maintain policies establishing… More

Looking Ahead: Five Developments We’ll be Watching in 2013

As memories of New Year’s Eve fade, and another Inauguration Day winds down in Washington, D.C., it’s time to look ahead and identify key events and emerging trends that we think will help shape the business and human rights agenda in 2013.

Here are five developments that we’ll be watching closely:

Further integration of human rights considerations into business management systems. Eighteen months after the release of the U.N. Guiding Principles, companies are working to determine how best to incorporate human rights considerations into the management of their… More

John Ruggie Gives Opening Address at U.N. Forum on Business and Human Rights

On December 4 and 5, more than 1,000 participants from 85 countries gathered for the first U.N. Forum on Business and Human Rights in Geneva, Switzerland. The Forum focused on “trends and challenges” in the implementation of the U.N. Guiding Principles on Business and Human Rights (the “Guiding Principles”), which were formally endorsed by the U.N. Human Rights Council in June 2011. The Forum includes discussions of a broad set of key issues in the business and human rights space, ranging from access to remedies to… More

Social Risk Assessment: China Raises Its Game

Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this:

Western companies are more accountable than Chinese companies – via tort suits, civil society pressure, government regulation, and non-judicial accountability mechanisms such as the OECD Guidelines, to name a few.  Although Western companies’ operations do create negative social, environmental and human rights impacts, it could be worse. Be thankful that they are operating in difficult environments such as Sudan, because in their absence, Chinese companies will fill… More

Human Rights Due Diligence – An Emerging Requirement in State and Federal Legislation

Two years ago, in October 2010, I published a post, Human Rights Due Diligence and the Corporate Lawyer, that addressed the need for corporate counsel to assess stakeholder expectations that companies should be accountable for identifying, and taking action to mitigate, the adverse human rights impacts of their operations. At the time, the expectation that companies should conduct human right due diligence had been put forward as a fundamental component of the “Protect, Respect, Remedy” framework released by the… More

Newly Released Draft Equator Principles Reflect Greater Focus on Human Rights

The proposed draft of the revised Equator Principles, released on August 13, reflects a greater focus on human rights, with explicit mention of the expectation of human rights due diligence as set forth in the U.N. Guiding Principles on Business and Human Rights. The revised Principles also cover a wider range of project financing structures in recognition of the fact that the project finance market has diversified significantly since the Principles were first released in 2003.

The Equator Principles are a voluntary set of standards for determining, assessing, and managing social and environmental risk in project financing. To… More

Responsible Investment in Burma (Myanmar): An Experiment that Cannot Afford to Fail

Amy Lehr, the author of this post, will be presenting during a webinar on “Responsible Business in Myanmar: Operating Context, Sanctions, and International CSR Standards,” this Thursday, August 16, at 11:00 a.m. She will be joined by John Ruggie and Gare Smith. Information on registration can be found here.

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The U.S. decision to ease financial and investment sanctions on Burma for the first time since 1997 is a landmark – and controversial – moment. It presents Western businesses with an opportunity to enter… More

Leverage and the Management of Adverse Human Rights Impacts

iStock_000012791010XSmallOne of the challenges for companies seeking to manage the adverse human rights impacts of their operations is how to deal with impacts that are most directly tied to business partners, suppliers, and even governments. Companies have varying degrees of control over the actions of third parties, and yet the activities of third parties have the potential to expose companies to a range of reputational – and legal – risks.

In the U.N. Guiding Principles on Business and Human Rights, Guiding Principle 19 states that appropriate actions to prevent… More

Human Rights Due Diligence and Operations in Burma (Myanmar)

I recently published an op-ed in The Christian Science Monitor cautioning companies seeking to make investments in Burma (Myanmar) to make sure that the inflow of new investments does not end up harming the country’s long-suffering citizens. 

The op-ed recommends that such companies undertake human rights due diligence, consistent with United Nations Guiding Principles on Business and Human Rights, “to ensure that their activities do not cause or contribute to harm, regardless of the conduct of the state.” When the European Union suspended sanctions on Burma in April, it… More

Advocates Seek Human Rights Commitments from Telecommunications Companies

Access, an advocacy organization that promotes open and secure access to the Internet, recently released its Telco Action Plan, a document that sets forth ten steps and implementation objectives for telecommunications companies (“telcos”) seeking to operate with respect for human rights.  

Access launched the plan at last month’s Stockholm Internet Forum and intends to use the document as a platform for dialogue with telcos that seek to operate in political and legal contents that may post threats to freedom of expression, access to information, and/or privacy… More

U.S. Supreme Court Review of Corporate Liability Under the Alien Tort Statute — An Overview of the Oral Arguments in Kiobel v. Royal Dutch Petroleum

On February 28, in proceedings that were both closely watched and anxiously anticipated, the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum. For the first time, the question of whether corporations are proper defendants in Alien Tort Statute ("ATS") cases is squarely before the Court.  Petitioners had sought Supreme Court review of a decision by the Second Circuit Court of Appeals finding that corporations are not proper defendants under the ATS.  

Corporate Liability: Defined by International Law or a Question of Domestic Enforcement?

A preliminary transcript of the… More

Investors Urge Congress to Prioritize Proposed Transparency in Supply Chains Legislation

A coalition of 80 institutional investors sent a letter to Congress last week in support of the Business Transparency on Trafficking and Slavery Act (HR 2759).  As discussed previously, the proposed legislation would require companies to disclose efforts to identify and address the risks of human trafficking, forced labor, slavery, and the worst forms of child labor in their supply chains.

Modeled after the California Transparency in Supply Chains Act, which went into effect on January 1, 2012, the proposed federal legislation, unlike the California statute, is not… More

Business and Human Rights: A Convergence of Expectations

Former UN Special Representative on Business and Human Rights John Ruggie, now a senior advisor to our CSR practice, recently authored an article in Corporate Secretary magazine in which he observed that there has been a "convergence of expectations" with regard to business responsibilities in the area of human rights.  

These expectations are set forth in the UN Guiding Principles on Business and Human Rights, authored by Professor Ruggie and his team.  As discussed previously, these Principles were endorsed by… More

Business Ethics Magazine: An Interview with John Ruggie

Business Ethics magazine recently published an interview with John Ruggie, the former U.N. Special Representative on Business and Human Rights who recently joined Foley Hoag’s CSR practice as a senior advisor. Michael Connor, Editor and Publisher of Business Ethics, conducted the interview.  The conversation focused on the Guiding Principles on Business and Human Rights, the business drivers for respecting human rights, and the ways in which the Principles have been adopted by both public and private stakeholders.  

Speaking about the corporate responsibility to respect human rights, Professor… More

Respecting the Human Right to Water

More than a Resource: Water, Business, and Human Rights, a recent report by the Institute for Human Rights and Business (“IHRB”) calls on companies to take action to respect the human right to water.

The report references the emerging consensus among international institutions that businesses have a responsibility to respect human rights, and highlights the Guiding Principles on Business and Human Rights, drafted by the former U.N. Special Representative on Business and Human Rights, John Ruggie, as providing the most authoritative guidance on how to implement this… More

Author of UN Guiding Principles on Business and Human Rights Joins Foley Hoag

Press Release

September 7, 2011 – John G. Ruggie, the former U.N. Secretary-General’s Special Representative for Business and Human Rights and current Harvard professor, has joined Foley Hoag LLP’s Corporate Social Responsibility Practice as a senior advisor.

Ruggie authored the Guiding Principles on Business and Human Rights, which the U.N. Human Rights Council unanimously endorsed in June after six years of development. The Guiding Principles set a standard of practice that is now expected of companies with regard to human rights. They also make recommendations to governments and are likely to affect legal and policy developments at national and international levels.

Key… More