A Guide For Business - How To Develop A Human Rights Policy
A Guide For Business - How To Develop A Human Rights Policy
A Guide For Business - How To Develop A Human Rights Policy
How to
Develop a
Human Rights
Policy
Acknowledgements
Author: Lucy Amis
Research assistance: Anita Househam
Design: Tannaz Fassihi
Printing:
ISBN:
Guide in summary
Why respect human rights?
All companies have a responsibility to respect human rights, which means to avoid infringing on the human rights of others.
To gain commercial benefits associated with good human rights practice, e.g., attracting
investment, procurement, top-quality recruits and securing the social licence to operate.
To live up to the companys commitment to the United Nations Global Compact (if it is a
participant).
1. Global Compact Principle One asks companies to respect and support human rights.
2. For example, CNOOC included a statement on how it views human rights issues in its overseas operations in its 2009 Corporate Social
Responsibility report, available from www.cnoocltd.com/file/GetAttachment.pdf (accessed 15 April 2011).
SUMMARY
Commercial
Many firms believe that showing respect for human rights gives them a competitive advantage
over competitors that overlook the area. Exercising human rights due diligence can help companies attract investment. Investment that favours good environmental, social and corporate
governance is expanding5 and being mainstreamed, with asset managers like BlackRock, AXA
Investment Manager, Calvert and HSBC all now offering funds with such criteria, some covering human rights. Indices like the FTSE4Good and Dow Jones Sustainability Index have strict
human rights entry criteria.6 And some national State pension funds and major public sector
funds also screen on labour and human rights, e.g., the United States teachers and researchers
pension fund TIAA-CREF (US$ 314 billion) and the Norwegian Government Pension Fund (US$
380 billion).
3. According to the Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations
and other business enterprises, John Ruggie, Protect, respect and remedy: a framework for business and human rights, doing no harm is not
merely a passive responsibility for firms but may entail positive steps for example, a workplace anti-discrimination policy might require the
company to adopt specific recruitment and training programmes (A/HRC/8/5).
4. See A/HRC/17/31.
5. Over 500 institutional investors have also signed up to the United Nations-backed Principles for Responsible Investment and together account for more than US$ 20 trillion worth of assets under management in 36 countries.
6. FTSE4Good insists on companies in high-risk sectors having a human rights policy.
Good human rights practice can help attract new business, including public sector procurement. For example, suppliers of the Government of the Netherlands are expected to comply
with specific human rights criteria.7 Anecdotal evidence suggests that a growing number of
smaller companies in the value or supply chains of global firms are themselves developing an
explicit human rights position in order to attract business, because they know that some multinationals demand such standards of their suppliers and business partners.8 In recruitment, too,
surveys show that corporate ethics is an increasingly important area; many applicants now ask
hiring managers how company values, including on human rights, are translated into day-today activities.9 Securing and maintaining a social licence to operate is another incentive. Support for human rights can also be a source of innovation for the introduction of new product
lines or adjustment to existing ones.
Legal
The responsibility to respect human rights is not a legal duty imposed on companies by treaty,
but it is not a law-free zone either. The provisions of many international human rights treaties
are embedded in domestic law (e.g., safety, health, anti-discrimination), and many Governments have adopted the Rome Statute of the International Criminal Court, which depending on the provisions of their own criminal code may mean that they are empowered to
prosecute companies for certain international human rights violations. In addition, because
the responsibility to respect human rights has become an international standard of conduct
endorsed not only by the United Nations but also by business associations, NGOs and Governments, failure to live up to that standard and infringing human rights can lead to calls for legal
liability, or at least allegations that might be considered by non-judicial grievance mechanisms,
such as by a national contact point of the Organization for Economic Co-operation and Development (OECD).10
7 See www.senternovem.nl/sustainableprocurement/criteria_development/index.asp (accessed 15 April 2011).
8. GE, for example, expects its suppliers to respect human and labour rights, and works to implement and audit the practices in its supply
chain. While our experience is that most suppliers seek to meet GEs expectations, we terminated approximately 160 suppliers in 2006 for
poor performance in this programme. See www.ge.com/files_citizenship/pdf/GE_2007_citizen_07rep.pdf (accessed 15 April 2011).
9. A global survey by New York-based consulting firm DBM found that 82 per cent of human resources and career experts cite corporate
leadership ethics to be important to job seekers today. Globally, corporations are being held to the highest standards by current and future
employees. See http://findarticles.com/p/articles/mi_m3495/is_11_47/ai_94161915/?tag=content;col1 (accessed 15 April 2011).
10. See John F. Sherman and Amy Lehr, Human rights due diligence: Is it too risky?, A Working Paper of the Corporate Social Responsibility
Institute, No. 55 (Cambridge, Massachusetts, Harvard University, February 2010). Available from www.hks.harvard.edu/m-rcbg/CSRI/pub_main.
html.
SUMMARY
To identify policy gaps and alert the company to new areas of risk
A company can both cause and contribute to adverse human rights impacts through its own
activities. Its existing policies may not address both dimensions.
A company may not realize its potential to impact particular human rights without first
identifying what human rights mean to the business. Developing a policy can be the catalyst.
More and more firms worldwide report that developing and implementing a human rights
policy has helped them see human rights risks and become better equipped to deal with
human rights issues that arise.
Existing policies may benefit from a human rights approach. For example, environmental
policies can focus solely on technical solutions to perceived technical problems and miss the
potential impact on communities and peoples rights. A human rights approach can also
strengthen the alignment of existing company policies by demonstrating their alignment
with universal values.
11. The Guiding principles on business and human rights: implementing the United Nations protect, respect and remedy framework
contain clear recommendations on the parameters of a companys human rights policy commitment (A/HRC/17/31, guiding principle 16).
KEY READINGS:
A Guide to Integrating Human Rights into Business Management, Business Leaders Initiative on
Human Rights, the UN Global Compact and the Office of the UN High Commissioner for
Human Rights, Second Edition 2010.
Human Rights - It is Your Business: A Business Case for Corporate Engagement, International
Business Leaders Forum, 2005.
Protect, Respect and Remedy: A Framework for Business and Human Rights, UN Special Representative
on Business and Human Rights, UN Document A/HRC/8/5 7 April 2008.
A Human Rights Management Framework (Poster), Business Leaders Initiative on Human Rights,
International Business Leaders Forum, the UN Global Compact and the Office of the UN High
Commissioner for Human Rights, 2010.
How to Do Business With Respect for Human Rights: A Guidance Tool for Companies, 2010,
Global Compact Network Netherlands, Business & Human Rights Initiative.
UN Global Compact Guidance: http://www.unglobalcompact.org/Issues/human_rights/Tools_
and_Guidance_Materials.html
SUMMARY
4. Getting started
Developing a human rights policy can be a dynamic, though not always a predictable process. Do not expect perfection at first. Many
firms update their policies as they gain experience.
Assign senior management the responsibility to drive the process.
Involve all business operations in policy development, implementation and reviews.
Map existing company policies to identify human rights coverage
and gaps.
Involve cross-functional personnel (human resources, legal,
procurement, security, etc.) in the process to build understanding,
know-how and a sense of common purpose.
Consult internal and relevant external stakeholders to identify and
respond to their expectations.
The development of a human rights policy can be a dynamic process. It may start with the
release of a short statement of intent sometimes only a few paragraphs that is revised and
becomes more sophisticated as the company gets to grips with the issues. When first developing a human rights policy, managers should not feel under pressure to achieve perfection.
Many best practice examples today took shape over several years and have undergone review.
Barclays developed its first human rights policy in 2004 under the sponsorship of the
Group Vice-Chairman. [It] was signed off by the companys Group Brand and Reputation
Committee.16 The policy was revised in 2006 and again in 2008. Policies and practices
are updated to take account of new issues raised and growing awareness and familiarity
within the business of the human rights impacts of our decisions. Policies are refreshed
to keep them alive and topical and ensure they are communicated regularly.17
Cadbury published its first Human Rights and Ethical Trade Policy in 2000, but to
ensure all of its corporate policies were aligned with its existing human rights related
policies, as well as increasing global expectations and a maturing understanding of
how business can contribute positively to the realization of human rights18 in 2008 it
released an overarching human rights policy document Cadburys Approach to Human
Rights.
Each of the steps in this section is important, but the precise order can vary. Some companies
report that they did not initially have senior management buy-in and that the impetus for a
policy came from below, with the mapping analysis and stakeholder feedback being instrumental in winning senior management support and having resources assigned for policy
implementation.
No single sequence will suit every company. The timing of the policys release is largely a
matter of choice. Some companies will release an initial short statement to raise in-house
16. The Committee was comprised of senior management from the different Barclays businesses and central functions.
17. Philippa Birtwell, Head of Public Policy Research, Barclays.
18. Gula and Jin, Cadbury and human rights: finding the best approach.
11
awareness or in response to stakeholder pressure, even before the other steps are complete;
they may then follow up the initial statement with a longer policy document. Others release
their human rights policy statement only when they are ready to integrate it into their management systems.
There can be overlap between the steps needed to draft a policy, to assess the companys
human rights impact and to integrate them both in the companys management systems. Even
during the first phase of developing a policy, some firms have found it helpful to do some
basic mapping of the companys key human rights risks and likely priorities; this will need
to be taken to another level during the phase of assessing impacts. Similarly, the stakeholder
consultation needed to inform a human rights policy will be specific to that task; stakeholder
consultation for an impact assessment will be of a different magnitude.
Key Steps
Assign Senior
Management Responsibility
Put in place a cross-functional team
Assign senior management responsibility. The decision to draft a policy is often made by the
chief executive or by one or more senior executives. Whoever instigates the project, a member
of senior management will typically need to be appointed to lead the process, sign off on the
final policy and assign resources needed for its implementation.
Involve all business operations. Many firms put in place a cross-functional team, committee
or task force to help steer the policy through the company. Whether driven by a team or not,
the company needs to capture in-house knowledge from across various business units and
functions, consider varying legal jurisdictions, draft the policy and later communicate it internally and oversee training and reporting needs. In many cases, a team or committee will retain
responsibility for the policy and any revisions in the medium to long term.
Making basic policy decisions within the overlapping frameworks of a companys existing
standards and commercial management systems, while bearing in mind varying stakeholder
expectations, can be demanding. There is a strong case to keep the process largely in-house
rather than outsourcing it, to ensure that any lessons learned stay within the company and
help build capacity over time.
Conduct a basic policy gap analysis/mapping exercise to determine which of the internationally recognized human rights are already covered by the companys existing policies and identify any relevant ones that are missing. This will help companies identify any priority issues.
Most companies find that longstanding corporate policies and codes of conduct already address
human rights but that they do not use human rights language, e.g., policies on diversity, nondiscrimination, bullying or harassment, health and safety, minimum-age provision or working
hours.
Drafting a human rights policy will not necessarily highlight entirely new issues for the business, but can help express and link together existing positions in a different way, or shine a
light on issues that might otherwise get overlooked.
The Guiding Principles state that companies have a responsibility to respect all human rights,
not just a select few, and a human rights policy needs to reflect this fact. Operationally, while
firms need to be alert to all potential human rights risks, in practice, some rights will be more
relevant than others in particular industries and circumstances and will be the focus of heightened company attention. However, situations may change, so broader periodic assessments
are necessary to ensure that no significant issue is overlooked.19 In addition, companies also
need to take into account the important principle of international human rights law that human rights are interdependent and indivisible, and that they cannot choose to ignore negative
impacts on some human rights, while respecting others.
Resource tip: When developing a policy, tools like Human Rights Translated: A Business Reference Guide can
help managers become familiar with the full spectrum of human rights and identify which may have to be prioritized given the companys unique geographical footprint, relationships, industry and operating context.
Consult with internal and external stakeholders. In addition to ensuring that the policy
is informed by relevant internal and/or external expertise, the company should identify key
stakeholders. This is to help ensure that the policy is fit for purpose and addresses expectations and concerns of potentially affected groups and other relevant stakeholders. For example,
workers and their representative organizations are important stakeholders for labour-related
human rights; and engagement with them is generally referred to as social dialogue. Relevant
stakeholders can also include industry peers that have already adopted a policy, those behind
sector-based multi-stakeholder initiatives who have experience of advising companies in a
similar position and business associations. Companies should also consider involving socially
responsible investors, clients, civil society experts, consumers, campaign groups, academics
and community groups. Involving potential critics in the process will give a reality check. Some
firms share an early draft of the policy with stakeholders to elicit feedback. Some of the stakeholders that provide input into the policy will become useful allies during later due diligence
phases.
Communicate the policy internally and externally and stipulate expectations. No policy
can be effective unless it is communicated to all relevant stakeholders. The policy should be
publicly available. It needs to be disseminated to all employees to raise awareness and coupled
with necessary training for relevant personnel. It should also be communicated actively to
other parties, in particular business partners and affected stakeholders. The policy should
simultaneously make clear what expectations the company has of its employees, business
units, suppliers, subcontractors, franchisees, vendors, business partners and other relevant
parties directly linked to its operations, products or services.
Reflect the human rights policy in operational policies and procedures. Companies should
carefully consider how other policies and practices they have in place relate to the expressed
commitment to respect human rights. Lack of coherence is a common risk; areas where
discrepancies may arise include procurement and lobbying. If the human rights policy is not
effectively disseminated, reflected in other policies and procedures, and embedded in management across all functions, neglect can quickly become reality even with all the best intentions
in place. This issue also relates to the broader question of how to implement the companys
commitment to human rights, which is addressed in the final section of this Guide.
19. Business and human rights: further steps toward the operationalization of the protect, respect and remedy framework Report of the
Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises,
John Ruggie (A/HRC/14/27).
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KEY READINGS
A Guide to Integrating Human Rights into Business Management, BLIHR, United Nations Global
Compact and OHCHR, 2nd ed., 2010.
Human Rights Translated: A Business Reference Guide, Castan Centre, International Business Leaders Forum, United Nations Global Compact and OHCHR, 2008.
How to Do Business with Respect for Human Rights: A Guidance Tool for Companies, Global Compact
Network Netherlands, Business & Human Rights Initiative, 2010.
Cadbury and human rights: finding the best approach, by Lauren Gula and Ye Jin in
Embedding Human Rights in Business Practices III, United Nations Global Compact, 2009.
Protect, Respect and Remedy: a Framework for Business and Human Rights Report of the
Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie (A/HRC/8/5).
Business and human rights: Towards operationalizing the protect, respect and remedy
framework Report of the Special Representative of the Secretary-General on the issue of
human rights and transnational corporations and other business enterprises (A/HRC/11/13).
Business and Human Rights: Further steps toward the operationalization of the protect,
respect and remedy framework Report of the Special Representative of the SecretaryGeneral on the issue of human rights and transnational corporations and other business
enterprises (A/HRC/14/27)
Social Dialogue at Enterprise Level: Successful Experiences, ILO, Geneva, 2004. Available
from www.ilo.org/public/libdoc/ilo/2005/105B09_252_engl.pdf (accessed 15 April 2011)
United Nations Global Compact Guidance: www.unglobalcompact.org/Issues/human_rights/
Tools_and_Guidance_Materials.html (accessed 15 April 2011)
SUMMARY
Few human rights policies are the same. In the absence of regulatory guidelines, many firms
simply do what fits best within the companys existing policy commitments and internal processes. Common conventions however do exist, many of which were identified by the Special
Representative on business and human rights and his team during the first mandate (2005-08),20
and many good practice policy examples can be found in the policy bank available via the Business & Human Rights Resource Centres website (www.business-humanrights.org).
15
A compromise option, which draws on both models, is to produce a readily accessible public
human rights statement that cross-references established codes and policies, highlighting
where the human rights-related elements can be found within existing management standards. This allows for effective communication and can sit well with current systems. It may,
however, require new policy elements to be drawn up to address human rights issues that had
previously gone unaddressed.
Language tip: to gain buy-in within the company it is important to use practical, clear and concise
language to explain the context and issues. Since much human rights language was originally designed for
States, it can initially seem alien to business readers, so a company may need to make a few adaptations;
stakeholder consultation can help ensure that both in-house and external stakeholders are comfortable with
the end product. Some firms find that the inspirational language associated with human rights can actually
be helpful in generating internal support.
Human rights refer to basic standards of treatment to which all people are entitled. It is a
broad concept, with economic, social, cultural, political and civil dimensions. For Ford, this
means ensuring that our products, no matter where they are made, are manufactured under
conditions that demonstrate respect for the people who make them. It also means respecting
the rights of people living in the communities around our facilities, and those of our suppliers,
who may be affected by these operations. Ford Motor Company
for instance:
The United Nations Global Compact;
OECD Guidelines for Multinational Enterprises;
ILO Tripartite Declaration of Principles concerning Multinational
Enterprises and Social Policy;26
The Ethical Trading Initiative;
The Fair Labour Association;
The Global Network Initiative;
The Kimberley Process;
The Voluntary Principles on Security and Human Rights (Extractive Sector).
Examples of corporate policy statements:
General statements of human rights commitment
ABB is committed to developing an organizational culture which implements a policy of support for internationally recognized human rights and seeks to avoid complicity in human rights abuses. We support the principles
contained within the Universal Declaration of Human Rights, the OECD Guidelines for Multinational Enterprises
and the ILO Core Conventions on Labour Standards. ABB
Respect and protect the fundamental human rights, as stated in the Universal Declaration [of] Human Rights of
the UN, as well as the dignity of the individuals working in its operations. Codelco
[The Mitsubishi Corporation] embraces and complies with international conventions on human rights. These
conventions include the Universal Declaration of Human Rights, Fundamental ILO Conventions and Voluntary
Principles on Security and Human Rights. Mitsubishi
[.] We respect international human rights principles aimed at promoting and protecting human rights,
including the United Nations Declaration of Human Rights and the International Labo[u]r Organizations
Declaration on Fundamental Principles and Rights at Work, and we actively participate in the United Nations
Global Compact. The Coca-Cola Company
17
countries must ensure that they comply with such requirements while having regard to the content of
this Statement. Barclays
We are committed to comply with effective law. This also applies if, in some countries, the resources or the
political will to implement and enforce applicable law are lacking...
As a responsible employer, we in the BASF Group strictly uphold the ILO core labo[u]r standards as long
as this is not explicitly prohibited by applicable law.
If the implementation of international conventions is restricted by national law, we develop innovative
approaches to adhere in our actions to the principles underlying the internationally recognized standards.
For example, we have developed suitable solutions for a dialogue in locations where the employees right
to elect employee representatives is restricted. In these cases we discuss with employee representatives topics
of common interest at the regional level []. BASF
Applying the policy:
[W]e recogni[z]e that achieving these standards presents unique challenges in different parts of the world. Going
forward together with our suppliers, our intention is to drive towards the adoption of these, or comparable
standards by our suppliers for their own operations, and those of their suppliers in turn. Diageo
With Our Direct Business Partners: Incorporating appropriate principles of The Spirit & The Letter into contracts with suppliers, business partners and distributors. Monitoring adherence by key suppliers in emerging
markets to environmental, health and safety standards, prohibitions against forced and child labo[u]r, and local
wage and hour laws. Evaluating human rights issues involving our direct business partnersparticularly in
emerging marketsand considering practical responses within the relevant context. Advancing application of
the ILO Declaration through engagement and collaboration. GE
[] We seek to establish relationships with entities that share the same principles and values as Vale. We also
promote human rights awareness and respect along our value chain, including the adoption of legal contractual
clauses. In the event of disrespect to human rights, duly proven by government authorities and mechanisms
provided by legislation, we notify the supplier/partner or the customer so they may adopt corrective measures
and, in cases in which such measures are not taken, we then are entitled to rescind the respective commercial
relationship. Vale
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Forced/bonded labour
Freely chosen employment: Ensure no forced, bonded or involuntary prison labo[u]r is used in the production
of HP products or services. Ensure that the overall terms of employment are voluntary. HP
Business partners must not use forced labour, whether in the form of prison labour, indentured labour, bonded labour or otherwise. No employee may be compelled to work through force or intimidation of any form, or
as a means of political coercion or as punishment for holding or expressing political views. Adidas
Freedom of association/collective bargaining
The Company respects our employees right to join, form or not to join a labour union without fear of
reprisal, intimidation or harassment. Where employees are represented by a legally recognized union, we are
committed to establishing a constructive dialogue with their freely chosen representatives. The Company is
committed to bargaining in good faith with such representatives. Coca-Cola Company
We are committed to an open and constructive dialogue with our employees and, if applicable, with their representatives. Our employees are free to join organizations of their choice that represent them consistent with
local organizing laws. These organizations may if recognized as the appropriate agent engage in collective
bargaining according to the applicable legal regulations. Employees who act as representatives are neither
disadvantaged nor favoured in any way. In locations where employees have decided not to appoint representatives, we promote direct and open communication between employees and management. Adidas
All workers shall have the right to form and join trade unions. (ILO Convention 87) Where UNI affiliates
represent the workers employed in companies owned by Telefnica and its subsidiaries the company shall
recogni[z]e the right of unions to represent said workers in:
(a) Collective bargaining. (ILO Convention 98) On their part unions will agree to negotiate in good faith, are
aware of the necessity to find the best practices which guarantee the development of the companies and
their viability, which eventually is the best guarantee of the employment of the workers.
(b) Any procedures settlement of disputes.
(c) Negotiations and consultations in all matters affecting jobs and training.
(d) Where no trade union exists, the company shall adopt a neutral view and shall not prevent workers
from organi[z]ing. It shall also respect the right of trade unions to organi[z]e employees.
UNI-Telefnica Code of conduct
Health and safety
Balfour Beatty regards high standards of safety and health as a cornerstone of a successful business. You have
a clear duty to take every reasonable precaution to maintain a safe and healthy working environment in
order to avoid the possibility of injuring yourself or putting at risk those with whom you work and members
of the public. Strict adherence to the Groups Health & Safety Policy is expected of every employee. Balfour
Beatty
We believe that all injuries and occupational illnesses, as well as safety and environmental incidents are
preventable, and our goal for all of them is zero. We will promote off-the-job safety for our employees. Our
commitment is set forth in the DuPont Safety, Health, and Environmental Commitment. DuPont
Working conditions, including hours
We will treat all employees fairly and honestly regardless of where they work. All staff will have a written
contract of employment, with agreed terms and conditions, including notice periods on both sides. All staff are
entitled to reasonable rest breaks, access to toilets, rest facilities and portable water at their place of work, and
holiday leave in accordance with the legislation of the country where they work. All employees are provided
with appropriate job skills training. Tesco
21
Based on the Ethical Trading Initiative Base Code [] working hours comply with national laws and benchmark industry standards, whichever affords greater protection; in any event, workers are not on a regular
basis required to work in excess of 48 hours per week and are provided with at least one day off for every
7-day period on average. Overtime is voluntary, does not exceed 12 hours per week, is not [to] be demanded
on a regular basis and is always being compensated at a premium rate. Monsoon Accessorize
Fair wages/compensation
To give workers remuneration which satisfies their basic needs and those of the members of their family who
are directly dependent on them. Carrefour
We will only do business with vendors who pay employees, as a floor, at least the minimum wage required by
local law or the prevailing industry wage - when available, whichever is higher, and who provide all legally
mandated benefits. Employees shall be compensated for overtime hours at the rate established by law in the
country of manufacture or, in those countries where such laws do not exist, at a rate at least equal to their
regular hourly compensation rate. Phillips-Van Heusen
No harsh or inhuman treatment/Harassment
The IKEA supplier shall not engage in or support the use of corporal punishment, threats of violence or other
forms of mental or physical coercion. The IKEA supplier shall not make use of public warning and punishment systems. [] The IKEA supplier shall not engage, support or allow any form of harassment or abuse in
the workplace. [] Harassment can be any offensive act, comment or display that humiliates, insults or causes
embarrassment, or any act of intimidation or threat []. IKEA
Employees of a Tata company shall be treated with dignity and in accordance with the Tata policy of maintaining a work environment free of all forms of harassment, whether physical, verbal or psychological.
Tata Group
[The Company is] opposed to violent behavio[u]r, sexual harassment or power harassment. CNOOC Ltd
KEY READINGS
The ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social
Policy
The Labour Principles of the United Nations Global Compact: A Guide for Business, ILO-United Nations
Global Compact, 2008 (reprint 2010)
Rules of the Game. A brief introduction to International Labour Standards, ILO, Department
of International Labour Standards, Geneva, 2009 (rev. ed.)
ILO Helpdesk for Business on international labour standards (www.ilo.org/business)
Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework (A/HRC/17/31)
Companies do not always use human rights language to describe policy provisions that address
non-labour rights issues, for example company security arrangements may impact on the rights
to life and security of persons, but will normally be listed by the company as a policy on security arrangements, rather than a policy on the right to life.
Resource tip: The publication Human Rights Translated: A Business Reference Guide is also a
recommended resource.
Examples of corporate policy statements:
Security
It is the policy of Cerrejn to maintain its relationship with Private Security Companies and the legally
constituted State Security Forces, within the highest standards or practices and with the greatest transparency
possible, thus developing corporate behaviour in accordance with the Voluntary Principles; for this reason it
trains them and keeps them abreast of matters of Human Rights [...] . Cerrejn
We only allow armed security when required by law or when considered that there is no other way to manage
security risks. All armed guards must meet our standards, based on UN guidelines and conventions on the use
of force and the Voluntary Principles on Security and Human Rights. Armed guards must first try to resolve
a security incident without using force. If this fails then they should only use the minimum force needed and
offer help to anyone including offenders injured as a result. Shell
Indigenous Peoples/Traditional/Land rights
[We] have regard to the principles of ILO Convention No. 169 on Indigenous and Tribal Peoples, wherever
our operations may impact the human rights of indigenous peoples. BG Group
The Company recogni[z]es and respects the importance of indigenous peoples culture, heritage and traditional rights and supports the identification, recording, management and protection of indigenous cultural
heritage sites. BHP Billiton
Clinical trials
We put safeguards in place to ensure that the human rights of people taking part in our clinical research
are protected. This includes the informed consent process and procedures to protect patient privacy. We are
especially careful to protect the rights of any children involved in our clinical trials. GSK
Engaging with Government Officials/Advocacy
Yahoo! has been and will continue working to secure the release of certain political dissidents through
ongoing discussions with high-ranking [United States] and Chinese officials, congressional leaders, human
rights groups, and the State Department. Yahoo!
We reserve the right to express to Governments our position concerning our operations, employees and
shareholders and our belief in the importance of respecting human rights. Total
Migrant workers
23
Migrant workers shall have exactly the same entitlements as local employees. Any commissions and other fees
in connection with employment of migrant workers must be covered by the employer. The employer must not
require the employee to submit his/her identification documents. Deposits are not allowed. Workers employed
through an agent or contractor are the responsibility of H&Ms supplier and other business partners, and are
thus covered by this Code. H&M
Sexual exploitation of children
Marriott condemns all forms of exploitation of children. The Company does not recruit child labo[u]r, and
supports the elimination of exploitative child labo[u]r. Marriott also supports laws duly enacted to prevent
and punish the crime of sexual exploitation of children. Marriott will work to raise awareness concerning
such exploitation, and will cooperate with law enforcement authorities to address any such instances of
exploitation of which the Company becomes aware.
Marriott has a long history of supporting program[me]s and partnerships that help at-risk young people and
their families prepare for and find meaningful employment [and] program[me]s that help children break out
of the cycle of poverty that makes them and their families vulnerable. Marriott
KEY READINGS
Guiding Principles on Business and Human Rights: Implementing the United Nations
Protect, Respect and Remedy Framework (A/HRC/17/31)
Business & Human Rights Resource Centre website: www.business-humanrights.org/
Documents/Policies
25
Intranet or Web 2.0 systems, to ensure relevant stakeholders understand the policy and
business implications of not adhering to it or failing to act on impact assessment findings.
Tracking performance
Identifying indicators for measuring human rights performance, developing and implementing systems for acquiring qualitative and quantitative data, drawing on both internal and
external feedback, including from affected stakeholders, and reviewing the findings to inform future strategy.
Communicating on how impacts are addressed
Communicating on commitments, targets and performance (through the Global Compact
Communication on Progress for United Nations Global Compact participants). The communication should be of a form and frequency that reflect the enterprises human rights impacts
and that are accessible to its intended audiences.
The communication should provide information that is sufficient to evaluate the adequacy
of an enterprises response to the particular human rights impact.
Remediation
If a company finds that it has caused or contributed to negative human rights impacts, it is
expected that it engages actively in remediation.
The company should provide for or cooperate in the remediation of such impacts through
legitimate mechanisms.
Establishing or participating in operational-level grievance mechanisms can be an effective
means of providing access to remedy for individuals and communities that may be adversely
impacted by the companys activities if these mechanisms meet certain criteria.29
KEY READINGS
Guiding Principles on Business and Human rights: Implementing the United Nations
Protect, Respect and Remedy Framework (A/HRC/17/31).
A Guide to Integrating Human Rights into Business Management, BLIHR, United Nations
Global Compact and OHCHR, 2nd ed., 2010.
A Human Rights Management Framework (Poster), BLIHR, International Business Leaders Forum,
United Nations Global Compact and OHCHR, 2010.
Human Rights Compliance Assessment, Danish Institute for Human Rights (online).
Guide to Human Rights Impact Assessment and Management, International Business Leaders Forum,
International Finance Corporation and United Nations Global Compact, http://guidetohria.
org/guide.
Human Rights and Business Dilemmas Forum: http://human-rights.unglobalcompact.org.
United Nations Global Compact Guidance: www.unglobalcompact.org/Issues/human_rights/
Tools_and_Guidance_Materials.html.
29. See A/HRC/17/31, guiding principles 29-31.
Principle 3
Principle 4
Principle 5
Principle 6
Principle 7
Principle 8
Principle 9
Principle 10