Yangon Conference on Human Rights and Agribusiness

Large-scale agribusiness (particularly monoculture plantations such as oil palm and sugarcane) causes widespread human rights violations and environmental degradation in Southeast Asia. This pervasive industry was the focus of a workshop held from 4-6 November 2014 in Yangon, Myanmar, which was convened by the Myanmar National Human Rights Commission, with the support of the Forest Peoples Programme, RECOFTC-The Center for People and Forests, and the Rights and Resources Initiative.

With 65 participants from the South East Asian National Human Rights Institutions Forum (SEANF) and supporting civil society organisations, including from Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, and Thailand, the workshop addressed interlinked issues such as extraterritorial investments, migrant labour and human trafficking, and food security, and illustrated the range of experiences and modalities of each National Human Rights Institution. In addition to series of panel presentations, the workshop featured engaging break-out groups on transitioning from voluntary to binding standards for transnational and other companies, and on improving, scaling up and innovating upon conflict resolution mechanisms at various levels. On the final day, participants adopted by consensus the Yangon Statement on Human Rights and Agribusiness in Southeast Asia, which calls for (among other things) strengthened regional cooperation with the Association of South Eas Asian Nations (ASEAN) Inter-governmental Commission on Human Rights, establishment of an ASEAN Human Rights Court and effective national-level complaints and redress mechanisms, and active coordination with certification bodies such as the Roundtable on Sustainable Palm Oil.

Natural Justice at the African Regional Forum on Business and Human Rights

From the 16th - 18th of September 2014, Natural Justice’s Shalom Ndiku attended the African Regional Forum on Business and Human Rights. The Conference was held in Addis Ababa, Ethiopia and hosted by the United Nations Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises (the Working Group) at the United Nations Economic Commission for Africa.

The Forum was held with the objective of promoting multi-stakeholder dialogue and cooperation on business and human rights (B&HR). Moreover, the Forum was an opportune moment for these diverse parties to discuss the implementation of the UN Guiding Principles on Business and Human Rights (the GPs) within Africa.  The Forum’s goals included advancing the B&HR agenda in Africa; identifying regional implementation practices, challenges and opportunities; and promoting capacity building initiatives on the GPs.

Reviewing RSPO's Complaints System

The Roundtable on Sustainable Palm Oil (RSPO) has had a complaints or grievance mechanism for the past several years to allow for social and environmental issues and concerns with the RSPO system itself to be raised and resolved through an institutionalised procedure. This complaints mechanism has been adapted alongside the organisation's Principles and Criteria, but it faces a growing number of critiques from communities, NGOs and companies alike and calls for widespread improvement. Since April 2014, Natural Justice has been undertaking a review of RSPO's complaints system along with BC Initiative Sdn. Bhd. in light of the UN Guiding Principles on Business and Human Rights and other relevant international law and policy, experiences from complaints mechanisms in other sectors, and civil society critiques, among other things. The first interim report was submitted in May 2014 and the research will continue until November.

As part of this review, Natural Justice and the RSPO Secretariat held a workshop from 18-19 August in Bandung, Indonesia, with a range of stakeholders. The purpose of the workshop was to seek their feedback on the first interim report and to further develop the recommendations therein, which are divided into four categories, namely: governance, management, procedural, and substantive issues. The recommendations will continue to be developed and refined in the run-up to the 12th Roundtable in November, where a penultimate version of the review will be presented.

ICMM Human Rights and Indigenous Peoples Workshop

From 29 to 30 January 2014, Stephanie Booker of Natural Justice participated in a multi-stakeholder workshop hosted by the International Council on Mining and Metals in Johannesburg. Participants included Indigenous representatives, representatives from local and regional non-government and civil society organisations, academia and representatives from ICMM member companies throughout the continent. The event was co-facilitated by the Institute of Business and Human Rights.

The two-day workshop included:

• An overview and introduction to the international policy landscape and ICMM's guidance policies on human rights and indigenous peoples;
• A discussion of the challenges around human rights and indigenous peoples in the African context;
• An examination of case studies from the region;
• Prioritisation of challenges that were to be addressed.

Some of the central themes discussed included inclusive and representative engagement; grievance mechanisms; compensation; free prior and informed consent; corporate transparency; and benefit sharing.

The workshop was a unique opportunity to share ideas and experiences with a range of different stakeholders.

UN Global Compact Launches Business Guide on Rights of Indigenous Peoples

On 2 December 2013, the UN Global Compact launched A Business Reference Guide to the UN Declaration on the Rights of Indigenous Peoples as part of the UN's Forum on Business and Human Rights. The aim of the guide is to help business "understand, respect and support the rights of indigenous peoples by illustrating how these rights are relevant to business activities". 

The Business Reference Guide was developed over a period of 18 months, involving the inputs of a number of Global Compact LEAD companies, as well as indigenous peoples, companies, business and industry associations, academia, international organisations, NGOs and individuals. 

The Global Compact is a call to companies to voluntarily align their operations and strategies with ten universally-accepted principles with respect to human rights, labour, environment and anti-corruption. 

You can download A Business Reference Guide to the UN Declaration on the Rights of Indigenous Peoples, as well as the Practical Supplement and Further Resources.

African Regional Civil Society Convening on Human Rights and Business

From 25 to 27 November 2013, Stephanie Booker of Natural Justice attended the African Regional Civil Society Convening on Human Rights and Business in Accra, Ghana. With at least 20 participants from central, eastern, southern and western Ghana, the objectives of the meeting included: 

• Sharing of learning and skills on practical strategies for influencing state and company practices and polices to realize human rights, and the complex system of mechanisms, both judicial and non-judicial, for effective remedy; 
• Build understanding and relationships among African CSOs working to protect human rights where business activities occur;
• Design an agenda for an African regional coalition on human rights and business and engage with the 9th Biennial Conference of the Network of African National Human Rights Institutions; 

The establishment of the African Coalition on Corporate Accountability (ACCA) emerged from this meeting and ACCA's first declaration was presented at the UN's second Forum on Business and Human Rights from 2 to 4 December in Geneva. You may find the declaration in English and French here.

Advanced Training on Business and Human Rights and Grievance Mechanisms

From 30 September to 3 October 2013, Stephanie Booker of Natural Justice supported, and participated in Advanced Training on Business and Human Rights and Grievance Mechanisms in Naivasha, Kenya, hosted by the Centre for Research on Multinational Corporations (SOMO). Attended by over 20 participants from around Africa, the training included: 

• An introduction to grievance mechanisms, including discussions on judicial and non-judicial grievance mechanisms, the role of National Human Rights Institutions and the African Human Rights System; 
• Preparing complaints, with experts from SOMO and Accountability Counsel presenting on the OECD Guidelines and international financial institutions;
• Writing and filing complaints; and,
• Examination of particular case studies. 

This training complemented similar training sessions in Indonesia and Mexico. To find out more information on SOMO's training on human rights and grievance mechanisms, see here.

Call for Comments on Lamu Port EIA by 16 April

The Business and Human Rights Resource Centre produces "On the Horizon", a practical bulletin on what is ahead in the field of business and human rights, five times a year. In the April 2013 issue, Save Lamu and Natural Justice made a contribution on the port element of the Lamu Port-South Sudan-Ethiopia Transport and Economic Development Corridor.

It reads: "Save Lamu would like to announce that on 19 March, the National Environmental Management Authority (NEMA) of Kenya called on members of the public to comment on the "Environmental and social impact assessment study report for construction of the first three berths of the proposed Lamu port and associated infrastructure" (EIA). Save Lamu urges human rights and environmental law practitioners and EIA experts around the world to read and comment on the EIA with respect to the proposed construction of the first three berths of the Lamu Port and transport corridor in Lamu District. Deleterious impacts on water quality, fisheries, mangroves, coral reefs, archaeological, historical and cultural sites, land ownership, induced risks (such as health and safety, influx of disease) are set out in the EIA. Construction has already commenced.

The environmental and social impact assessment is located here and comments can be directed to NEMA until 16 April. They should be sent to the Director General of NEMA at dgnema (at) nema.go.ke, and copied to Edward Menza, NEMA-Lamu at menzae (at) yahoo.com, and the Chair of the Public Complaints Committee at pcc.environment (at) gmail.com."

ECCHR Workshop on Transnational Accountability

From 19-21 March in Manila, Holly Shrumm (Natural Justice) attended a workshop on judicial and quasi-judicial instruments for holding transnational corporations accountable for human rights violations. The workshop was organised by the European Centre for Constitutional and Human Rights (ECCHR) with the Philippine-Misereor Partnership and generously supported by Misereor and Brot fur die Welt (Bread for the World).

As the final of a series of regional workshops held over the past 3 years, it aimed to address the problem of accountability of transnational corporations involved in grave human rights violations by jointly developing strategies for litigation for cases from the the mining, palm oil, and manufacturing sectors. It included practical considerations such as uncovering internal corporate structures, collecting evidence for proving cases in court, and dealing with power dynamics between lawyers and communities. Soft-law mechanisms such as the Roundtable on Sustainable Palm Oil Dispute Settlement Facility and the Organisation for Economic Cooperation and Development Guidelines for Multinational Enterprises, and community instruments such as biocultural community protocols were also discussed. Participants were primarily lawyers and non-profit organisations and networks from South East Asia, as well as legal experts from Europe, the U.S., and Latin America.

Holly would like to thank Jerbert, Clod, and Claudia for their meticulous organisation of the workshop and all of the participants and supporters for making it such a memorable experience.

Submission to UN Working Group on Human Rights and Transnational Corporations and Other Business Enterprises

On 1 March 2013, Natural Justice with the Centre for Indigenous Knowledge and Organisational Development (CIKOD) made a further submission to the United Nations Working Group on Human Rights and Transnational Corporations and Other Business Enterprises regarding indigenous peoples, business and human rights.

The submission was in response to a concept and discussion note prepared by the Working Group, given its decision to submit a thematic report to the 68th session of the General Assembly that will focus on the situation of indigenous peoples with regard to the prevention of negative impacts of business activities on the rights of indigenous peoples.

Public consultations were held on 14 February 2013 in Geneva and these, and other, submissions addressed the following focus questions:

1. Focus: What specific issues and challenges should the Working Group take into account in drafting this report? 
2. Existing guidance and standards: What existing standards and documents should the Working Group take into account in drafting this report? 
3. Existing practices and initiatives: What existing practices and initiatives should the Working Group take into account in drafting this report?
4. What focused insight can the Working Group bring to the issue of business impacts on indigenous peoples, given the role and thematic scope of other UN bodies on the rights of indigenous peoples? 
5. The submissions included case studies on gold mining in Tanchara, Ghana and Lamu, Kenya. 

This, and other submissions, are available here.

Using UN Guiding Principles on Business & Human Rights

The Centre for Research on Multinational Corporations (SOMO), the Centre for Human Rights and Environment (CEDHA) and Cividep-India have released a guide for civil society organisations entitled ‘How to use the UN Guiding Principles on Business and Human Rights in company research and advocacy.’ The guide details the contents of the Guiding Principles and offers concrete guidance on how civil society organisations can  use them to ensure businesses are respecting human rights. 

From the description, “these Guiding Principles can be utilised to address the responsibility of business to respect human rights and thereby support local communities, workers and other rights holders to ensure fulfilment of their human rights. The guide provides a method for CSOs to use the Guiding Principles in company research and advocacy, and helps them to hold companies accountable for their corporate responsibility to respect internationally recognised human rights.” 

The guide can be found online here or downloaded here. The guide is the second of a series of guides produced by SOMO. The first guide, on Multi Stakeholder Initiatives, can be accessed here.