Global Compact International Yearbook Ausgabe 2011

Agenda
Blueprint
The human rights and business framework
The Human Rights and Business Dilemmas Forum has been
developed in alignment with Principles 1 and 2 of the UN Global
Compact and the UN “Protect, Respect and Remedy” framework.
The Forum aims to enhance the collective understanding of
how the Principles and framework can be understood and
implemented in practical terms. A set of Guiding Principles on
business and human rights elaborates the UN “Protect, Respect
and Remedy” framework. The Principles provide guidance on
the duty of the state to protect against human rights abuses by
third parties including business; on the corporate responsibility
to respect human rights; and on the provision of greater access
to effective remedies for victims of human rights violations.
UNGC Principle 1: Respecting and supporting human
rights
The responsibility to respect human rights means not to infringe
human rights. Operating context as well as company
activities and relationships can pose risks that the company
might negatively impact human rights, but they also present
opportunities to support or promote the enjoyment of human
rights while also advancing one’s business.
Supporting human rights involves making a positive contribution
by promoting or advancing human rights. Socially responsible
organizations will typically have a broader capability and often
desire to support the promotion of human rights, especially
in ways that link strategically to their core business activities.
UNGC Principle 2: Complicity
Businesses shall not be implicated in human rights abuses
that another company, government, individual, group, etc., is
causing. Complicity is generally made up of two elements: 1) an
act or omission (failure to act) by a company – or individual
representing a company – that “helps” (facilitates, legitimizes,
assists, encourages, etc.) another, in some way, to carry out a
human rights abuse; 2) the knowledge by the company that
its act or omission could provide such help. Allegations of
complicity are not confined to situations in which a company
could be held legally liable for its involvement in the human
rights abuse committed by another. The media, civil society
organizations, trade unions, and others may allege complicity
in a far broader range of circumstances. Accusations of
complicity can arise in a number of contexts:
• Direct complicity – when a company provides goods or services
that it knows will be used to carry out the abuse.
• Beneficial complicity – when a company benefits from human
rights abuses, even if it did not positively assist or cause them.
• Silent complicity – when the company is silent or inactive in
the face of systematic or continuous human rights abuse.
Features of the Human Rights and Business Dilemmas
Forum
The Forum offers the opportunity for businesses to assess human
rights risks and adopt suggested solutions for tackling
a dilemma. It provides in-depth dilemma analysis on a wide
range of topics and real-world case studies as well as all necessary
background materials. In addition, users are offered an
interactive platform to share, explore, and discuss dilemmas,
case studies, and best practices with business professionals,
human rights experts, and other relevant stakeholders.
In-depth analysis of dilemma themes
The themes cover real-world dilemmas that businesses encounter
when operating in, sourcing from, or distributing
to markets that may present higher risks of business being
implicated in human rights abuses.
Current dilemma themes
include:
Child Labor
Forced Labor
Freedom of Association
Migrant Workers
Housing
Human Trafficking
Living Wage
Working Hours
Security Forces
Corruption
Product Misuse
Stabilization Clauses
Freedom of Religion
Ethnic Minorities
Freedom of Speech
Gender Equality
HIV/AIDS
Privacy
Forthcoming themes include:
Indigenous Peoples
Health and Safety
Access to Water
Community Relocation
Conflict Minerals
Working with State-owned
Enterprises
All dilemma themes – which are prepared by Maplecroft human
rights analysts in collaboration with the UNGC Office, the
Office of the United Nations High Commissioner for Human
Rights, and the GE Foundation – include the following sections:
• What is the dilemma: nature and scope of the dilemma
• Common dilemma scenarios: prevalence of the dilemma in business
sectors, operations, and supply chains
• Examples of emerging economy scenarios: examples of the dilemma
in the Next 11 and BRICs countries
• Risks to business: this includes legal, reputational, financial,
operational, and other risks that companies may face when
they do not have adequate mechanisms in place to address
the dilemma
• Suggestions to business: suggestions as to how business can
adequately deal with the dilemma
• Background to the dilemma: users are provided with information
on which human rights are implicated as well as necessary
definitions
Case studies
Each dilemma is illustrated by good-practice case studies. Case
studies have been developed in close collaboration with a
range of multinational companies and relevant government,
intergovernmental, and civil society stakeholders. We also
draw on public domain sources, including the UN Global
Compact’s own Communications on Progress.
The case studies explore specific dilemmas and challenges
faced by each organization, good practice actions they have
taken to resolve them, and the results of such action. We
reference challenges as well as achievements. Featured organizations
include: The Responsible Cotton Network, HP,
Chiquita, Adidas-Salomon, the Open Net Initiative, Timberland,
Standard Chartered, Cisco Systems, the Nike Foundation, De
Beers, Gap, the International Cocoa Initiative, Manpower, and
Talisman Energy.
Resources
The Human Rights and Business Dilemmas Forum also sets
forth an extensive range of materials, providing the background
to each dilemma issue. Each dilemma is complemented by
a list of general and specific resources. This includes the relevant
international legal and regulatory framework as well as
standards and further guidance materials, particularly from
the UN and the International Labour Organization as well as
relevant international organizations and NGOs.
Interactive forum
An interactive forum provides an opportunity for users to share,
explore, and discuss a wide range of dilemmas, case studies,
and good practice with business professionals, human rights
experts, and other relevant stakeholders. The suggestions for
responsible business are designed to stimulate commentary
and further insight into the applications of the UNGC Principles
and the operationalization of the UN’s “Protect, Respect and
Remedy” policy framework by business. Users are invited to
comment on the approaches taken and to provide their own
viewpoint on what works and what does not.
Human rights and business – A collaborative effort
The Human Rights and Business Dilemmas Forum provides
businesses with a comprehensive overview of the different
implications of dilemmas that businesses may face when operating
in, sourcing from, and distributing to environments
that may present higher risks of business being implicated in
human rights abuse. It is a unique and important tool for businesses
and other stakeholders to assess those risks and explore
solutions for complying with the corporate responsibility to
respect human rights as prescribed in the UNGC Principles
and the UN “Protect, Respect and Remedy” framework.
The role of the private sector in the protection and promotion
of human rights is crucial to the enjoyment of human rights
for everyone worldwide. Respecting human rights adds value
to the business, but on the flipside, businesses face immense
legal, reputational, operational, and financial risks when they
fail to fulfill their responsibility to respect human rights. In
the media age of the 21st century, allegations of corporate human
rights abuses are quickly distributed worldwide through
news services, blogs, and social networking sites.
With the Human Rights and Business Dilemmas Forum, the
UNGC, Maplecroft, and the GE Foundation have made it their
mission to inform businesses of the practical implications of
their responsibility to respect human rights. The Forum brings
together businesses and their stakeholders to engage in constructive
dialog to explore solutions as part of the joint and
collaborative undertaking of all organs in society to efficiently
protect human rights and guarantee their enjoyment for all.
26 Global Compact International Yearbook 2011 Global Compact International Yearbook 2011
27