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Corporate human rights reporting- why
and what’s needed?
The connection between business and
human rights
• Traditionally protection of human rights is
government’s responsibility
• John Ruggie appointed in 2008 as UN Special
Representative of the Secretary General on
Business and Human Rights
• UN Guiding Principles on Business and Human
Rights endorsed in 2011
What are the UN Guiding principles about?
• Companies have a responsibility to avoid
infringing human rights of individuals and
groups
• Not a passive responsibility
• Requires positive steps
• Sets out ‘ protect,respect, remedy’ framework
• Seen as best practice standard for ALL
businesses
Why bother?
• Landscape changing for companies. No longer
turn profit and move on
• Greater transparency and accountability
• Regulatory requirements
• Increased reporting requirements
• Improved performance
What does UK Law say?
• New regulation being introduced on human
rights reporting in UK in October 2013
• New section 414C of the Companies Act
2006(Strategic Report and Directors’ Report)
Regulations 2013
• Explicit requirement that human rights issues be
considered and reported on by listed companies
• Companies to use Key performance indicators to
report the information
So what, I don’t operate in the UK?
• Proposed EU Directive on non-financial
reporting to be introduced. Includes human
rights
• Companies to disclose their policies
• Companies can refer to the UN Guiding
principles in the development and
implementation of their policies
Does the regulation apply to small
companies?
• No. Small companies exemption applies
• BUT small companies should adhere to the UN
Guiding principles that apply to ALL
companies
Which rights should companies
understand?
• Companies can potentially impact on all
internationally human rights
• They must consider their responsibility to
respect all such rights
• For example the Universal Declaration of
Human Rights (UDHR)
How should an organisation determine
the scope of human rights reporting?
• They need to decide on the range of topics
covered in a report
• The topics reported should be significant to
reflect significant economic, environmental
and social impacts
• It should look at who is affected and in what
way by the companies activities and
operations
How organization's should address
impacts
• Companies affect human rights directly or
indirectly.
• They need to ensure that reports address
relationships and influence over other parties
(organisations, individuals, government or
private bodies)
• Reports that ignore these factors will be
incomplete
Role of litigation
• Growing number of lawsuits filed have alleged
companies complicity in human rights abuses
• Complicity has legal and non-legal dimensions
• Key is knowingly providing practical assistance
or encouragement that has a substantial effect
on the commission of a crime
Guidance on reporting
1. Determine the scope
2. Choose which stakeholders to include in
reporting
3. Prioritize rights for inclusion in reporting
4. Address the issue of complicity
5. Report on human rights due diligence
6. Ensure performance is tracked
www.clt-envirolaw.com

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Corporate human rights reporting- why and what's needed?

  • 1. Corporate human rights reporting- why and what’s needed?
  • 2. The connection between business and human rights • Traditionally protection of human rights is government’s responsibility • John Ruggie appointed in 2008 as UN Special Representative of the Secretary General on Business and Human Rights • UN Guiding Principles on Business and Human Rights endorsed in 2011
  • 3. What are the UN Guiding principles about? • Companies have a responsibility to avoid infringing human rights of individuals and groups • Not a passive responsibility • Requires positive steps • Sets out ‘ protect,respect, remedy’ framework • Seen as best practice standard for ALL businesses
  • 4. Why bother? • Landscape changing for companies. No longer turn profit and move on • Greater transparency and accountability • Regulatory requirements • Increased reporting requirements • Improved performance
  • 5. What does UK Law say? • New regulation being introduced on human rights reporting in UK in October 2013 • New section 414C of the Companies Act 2006(Strategic Report and Directors’ Report) Regulations 2013 • Explicit requirement that human rights issues be considered and reported on by listed companies • Companies to use Key performance indicators to report the information
  • 6. So what, I don’t operate in the UK? • Proposed EU Directive on non-financial reporting to be introduced. Includes human rights • Companies to disclose their policies • Companies can refer to the UN Guiding principles in the development and implementation of their policies
  • 7. Does the regulation apply to small companies? • No. Small companies exemption applies • BUT small companies should adhere to the UN Guiding principles that apply to ALL companies
  • 8. Which rights should companies understand? • Companies can potentially impact on all internationally human rights • They must consider their responsibility to respect all such rights • For example the Universal Declaration of Human Rights (UDHR)
  • 9. How should an organisation determine the scope of human rights reporting? • They need to decide on the range of topics covered in a report • The topics reported should be significant to reflect significant economic, environmental and social impacts • It should look at who is affected and in what way by the companies activities and operations
  • 10. How organization's should address impacts • Companies affect human rights directly or indirectly. • They need to ensure that reports address relationships and influence over other parties (organisations, individuals, government or private bodies) • Reports that ignore these factors will be incomplete
  • 11. Role of litigation • Growing number of lawsuits filed have alleged companies complicity in human rights abuses • Complicity has legal and non-legal dimensions • Key is knowingly providing practical assistance or encouragement that has a substantial effect on the commission of a crime
  • 12. Guidance on reporting 1. Determine the scope 2. Choose which stakeholders to include in reporting 3. Prioritize rights for inclusion in reporting 4. Address the issue of complicity 5. Report on human rights due diligence 6. Ensure performance is tracked