This last week, biO3 had the opportunity to hold an event promoted by BonSucro: “Human Rights Training – UN Guiding Principles”. Our director André Araújo opened the event so that speakers Victoriana Gonzaga and Juliana Prado could present their work to the companies that were included in this current cycle of lectures.
In this article we will shed some light on the Guiding Principles (AFTER) and how they are helping workers, the government and especially organizations to build a value relationship between themselves and the environment. We will not detail here the 31 Guiding principles, but rather to provide a context that guides your conception: "Protect, respect and remedy”.
The United Nations Human Rights Council has endorsed, unanimously, the Guiding Principles on Business and Human Rights (UNGPs) in June of 2011. They constitute the only official guidance that the Council and its predecessor, the Human Rights Commission, issued to states and companies in relation to the challenges of companies and human rights.
The Guiding Principles are based on the recognition of the obligations of States and the role of companies in respecting human rights and have three fundamental principles:
- State duty: States must protect against human rights abuses by third parties, including companies, through effective policies and legislation.
- Business Expectation: Companies must respect human rights and avoid negative impacts on their operations and business relationships.
- Access to Remediation: There must be fundamental and operational principles to ensure that victims of human rights abuses have access to effective remedies.
The State's Duty to Protect Human Rights
At an international level, there is a need for greater consistency in policy guidelines, particularly within the framework of multilateral institutions that deal with issues relating to companies, such as international trade and financial institutions. States must persist in their efforts to achieve this coherence.
Playing a role in meeting its international human rights obligations, These institutions can provide training and raise awareness.
Let's detail what has been advocated as the state's role in the relationship with workers, the organizations, and the multilateral institutions that make up this framework.
We highlight the 10 fundamental principles:
- Principle 1: Protection Against Abuse: States must protect against human rights abuses by third parties, including companies, through effective policies and legislation.
- Principle 2: Expectation of Respect: States must clearly express the expectation that all companies respect human rights in their operations.
- Principle 3: Regulatory Functions: States must enforce laws that require companies to respect human rights and periodically evaluate the effectiveness of these laws.
- Principle 4: State-Business Nexus: States must take additional measures to protect against human rights abuses by companies that are owned or controlled by the State.
- Principle 5: Proper Supervision: States must exercise adequate supervision to ensure that companies contracted to provide services do not violate human rights.
- Principle 6: Commercial Transactions: States must promote respect for human rights by companies with which they carry out commercial transactions.
- Principle 7: Conflict Areas: States must help ensure that companies are not involved in serious human rights abuses in conflict areas.
- Principle 8: Political Coherence: States must ensure that government departments and agencies observe human rights obligations when shaping business practices.
- Principle 9: Domestic Political Space: States must maintain adequate political space to fulfill their human rights obligations in trade agreements.
- Principle 10: Multilateral Institutions: States must promote respect for human rights by companies in multilateral institutions that deal with business issues.
Multilateral institutions play a crucial role in enabling States to fulfill their duty to protect, facilitating the exchange of information on challenges and best practices. This promotes greater consistency in approaches and helps level the playing field through collective action.
When it comes to respect for human rights by companies in several states, it is imperative to focus on improving the performance of states that are lagging behind in addressing this issue.
The Role of Organizations
Companies take part in this determination, through a commitment and responsibility to respect human rights as a global standard of expectation of conduct wherever we operate. This exists independently of the capabilities and/or willingness of States to fulfill their own human rights obligations and does not diminish those obligations.. And it exists beyond compliance with national laws and regulations to protect human rights.
Addressing adverse impacts on human rights requires taking appropriate measures to prevent them, mitigation and, when appropriate, remediation. Companies may undertake other commitments or activities to support and promote human rights, what can contribute to the enjoyment of rights. But this is often not enough to compensate for the lack of respect for human rights in its operations globally..
Businesses must not undermine the ability of States to fulfill their own human rights obligations, including through actions that may weaken the integrity of judicial processes.
Here are some examples of mechanisms that support POs by organizations:
- Grievance Mechanisms: Refers to state or non-state processes, judicial or non-judicial, to address complaints of business-related human rights abuses and seek redress.
- State Mechanisms: They can be administered by the State or by an independent body, and should form the basis of a broader system of reparation.
- Barriers to Access: Identifies legal barriers, practices and others that may impede access to justice, such as high costs, lack of legal representation and discrimination against vulnerable groups.
- Effectiveness Criteria: To ensure the effectiveness of complaints mechanisms, must be legitimate, accessible, predictable, equitable, transparent, compatible with human rights and a source of continuous learning.
Organizations aligned with the ESG Agenda and the 2030 da him, know that these demands are part of the current market, and its operation can be impacted in several ways if the S of social is not concretely observed. The recommendations below aim to give an overview, but they are not exclusive, that is, can be expanded and innovated according to the particular case or specific company scenario.
- Leadership Commitment: Management and senior executives must demonstrate a clear commitment to human rights. This is essential to promote broad cultural change.
- Implementation of Internal Policies: Companies must create specific policies that address human rights. These policies must be communicated to all employees.
- Risk Assessment and Monitoring: Identifying areas at highest risk of breaches and monitoring them regularly is essential. This helps to quickly identify situations of disrespect.
- Engagement with Stakeholders: Maintaining an open and transparent culture with employees and consumers helps identify and resolve problems more effectively.
- Education and Training: Providing human rights training for employees is essential to creating ongoing awareness and ensuring compliance.
The Role of International Organizations and Remediation
International organizations play a crucial role in the context of human rights and business. Some of its functions include:
- Standardization and Monitoring: Organizations such as the United Nations (HIM-HER-IT), the International Labor Organization (ILO) and the Organization for Economic Co-operation and Development (OECD) develop standards and guidelines to guide business practices in relation to human rights. They also monitor compliance with these standards.
- Advocacy and Awareness: International organizations promote awareness of the importance of human rights in company operations. They advocate the adoption of responsible practices and encourage actions to prevent abuse.
- Mediation and Facilitation: In cases of conflicts between companies and communities or victims of abuse, international organizations can act as mediators and facilitators to seek fair and equitable solutions.
- Training and Education: These organizations offer training, workshops and resources for companies, governments and civil society, promoting a deeper understanding of human rights and how to apply them in the business context.
Most remediation mechanisms are under the control of the State, but it is important to note that Human Rights are increasingly reflected in the commitments made by Corporations and interested parties in the form of codes of conduct, performance standards, agreements with unions and other similar instruments.
In this final text, the document “Guiding Principles on Business and Human Rights” sets the conciliatory tone that reparation mechanisms should guide the relationship between the parties.
(h) Build on participation and dialogue: consult interested individuals and groups, for which these mechanisms are intended, about its design and performance, with special attention to dialogue as a means of dealing with complaints and resolving them.
Our Speakers:
Victoriana Leonora C. Gonzaga
Juliana Duran Almeida Prado
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