Tag Archives: human rights

Human rights impact assessments are like a promising school band

By Désirée Abrahams

Last week, I attended the 31st International Association for Impact Assessment (IAIA) Conference, held in the stunning, colonial Méxican city of Puebla. I was honoured to be invited to this amazing conference; not only to listen and learn from those working at all levels in the impact assessment (IA) field but also because the session I spoke at was the first of its kind.

After 30 years of IAIA conferences, the 31st opened its doors to a small but rapidly growing field of human rights impact assessments (HRIA).  Thanks to the work of the UN Special Representative on Business and Human Rights, John Ruggie, HRIAs or assessments on a company’s human rights impact as a concept, are now largely accepted.

Although, acceptance hasn’t yet translated into extensive adoption. Human rights impact assessments are like a promising school band that has the potential to turn into a big overnight hit.

If a school band, the session on HRIAs at the Conference was its first concert outside of the school gates, and by all accounts, the audience loved the performance.  But I hear you question, is this because the audience was filled with the equivalent of the mums, dads and other family members of the school band musicians? Wasn’t the IAIA Conference filled with impact assessment practioners and other folk linked to the community?

Indeed it was, but don’t be fooled into thinking that the IA community or others will readily embrace HRIAs without careful scrutiny.  In fact, many in the CSR/ Sustainability community question the added-value of a specific ‘human rights’ impact assessment approach for companies, noting that a ‘good’ social impact assessment  (SIA) should be able to pick up most human rights risks and impacts.  At the session, I was directly asked for a list of the human rights issues that are not addressed in a SIA. Wouldn’t life be simple if there was such a list!  Alas, there is not, and there shouldn’t be, as no one impact assessment, whatever it is called, could ever be the same.

The essence of a human rights impact assessment rests not only on what you do, but how you do it. There are 30+ human rights, so conducting a comprehensive HRIA will require an assessment of all as per the International Bill of Human Rights. Yes, it will be a significant undertaking.

So those that believe that the exercise can be fast-tracked and some human rights can be overlooked in the interests of expediency or that certain human rights do not relate to their business so can be instantly ignored, are missing the point of the exercise.  Often, human rights issues are hidden – often they are nascent, so approaching an assessment of this kind will require an open mind.

The human rights issues associated with workers, communities and other stakeholders can be diverse, dynamic, and demanding; some of them may even conflict with each other.  Indeed, it is this combination of factors that will make a HRIA more challenging than any other assessment to complete, but all the more useful to the company in the long run.

Related link

Frank Seier, human rights specialist from Right2Respect writes a blog post in response to the above

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To divest or not to divest? – Doing business in high-risk zones

By Jessica Scholl

As events rapidly unfold in the Arab World, the plight of business has been woefully under-reported.

Companies with operations or investments in the region are finding themselves embroiled in morally, and often times legally, ambiguous situations.  Political uncertainty further complicates the scenario, often requiring different policies to address unique circumstances.

From the relatively peaceful to the more turbulent transitions of power in Tunisia and Egypt respectively, businesses must navigate an operating environment with an uncertain legislative future. Still absent of the formal power shifts in Tunisia and Egypt, and with widespread human rights abuses taking place, the ongoing and volatile demonstrations across the Middle East and North Africa (MENA) region pose a unique set of challenges.

What is the responsible path forward if national authorities start dictating one thing while international standards dictate another?  How does a company decide on appropriate actions when accounts of the situation are so highly contested?  Oddly, Libya’s devolution into civil war may pose the least challenge due to the relative clarity of the international community’s stance against Gaddafi’s actions.

Amidst of all this ambiguity, can a company still operate responsibly in these environments? How is a company to proceed without becoming a tacit party to the conflict or exacerbating the situation?

An immediate and common impulse of businesses concerned with their responsibility portfolio and investments in conflict-affected and high-risk areas is often to run – quite simply to divest.  The thinking is to suspend operations and protect the business from becoming unintentionally implicated in the situation.

Often in these situations, stakeholders begin applying the magnifying glass to company operations and divestment can become a popular rallying cry among some activist groups.

However, with the high level of investment in MENA for instance, mass divestment – be it temporary or permanent – could potentially have destructive consequences for business, local communities and the global economy.  Then again, as recent cases show, it is all too easy for a company to find itself aiding oppressive regimes or fuelling the fire if it maintains business as usual.

So, is divestment really the only responsible way forward for companies and investors?

No. A highly helpful tool here is the United Nations Global Compact’s ‘Guidance on Responsible Business in Conflict-Affected and High-Risk Areas’. It offers a “common reference point for constructive engagement in conflict-affected and high-risk areas, as opposed to divestment….” Problem solved?

No again.  The Guidance does not offer a prescriptive road map forward, but it does offer a framework for companies and investors to address the dilemmas confronting them.  Each company will face a unique set of circumstances that inform their decision, but two universal themes emerge from the Guidance and comparable literature on this topic:

  1. Do your due diligence – Companies and investors should identify the interaction between their operations/investments and conflict dynamics;
  2. Engage a broad range of stakeholders – Proactively engaging in dialogue with stakeholders to help determine a course of action. Then, maintain consistent discourse with all stakeholders. This will help ensure proper implementation of policies and enable companies to adapt policies to evolving circumstances.

All-in-all, there is no straightforward path for companies operating in high-risk and conflict affected areas. When business leaders and stakeholders alike recognise the complexity of a situation, communication and collaboration can drive creative and responsible solutions.

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Filed under Business standards, Conflict, Leadership

Where is the business and human rights arena headed?

By Désirée Abrahams

In December last year, IBLF advertised for a Programme Coordinator to work on business and human rights. Needing to get someone in quickly, we set a one-week deadline and an essay of 250 words, themed ‘In your opinion, what does the future hold for business and human rights over the next five years?’

We were inundated with very high calibre candidates – all with multiples degrees and varied work experience. Their essays were impressive too. While some focused on the ‘Protect, Respect and Remedy Framework’ advanced by John Ruggie, the UN Special Representative on Business and Human Rights, his recent Guiding Principles, and ruminated on 2011 and what is set to be an important year for business standards, others chose to focus on what specifically companies should do in next five years. Many stressed the need for business to undertake human rights due diligence; to develop human rights policies that signal their commitment, to assess potential human rights risks, and to critically address any adverse human rights impacts.

Credit: Sven Torfinn

The contrasting responses intrigued me, and in a way, are similar to the varying approaches adopted by different actors in the business and human rights field over recent years. While a huge generalisation, key actors can be seen to cluster into three different levels:

  • Those at 3,000 feet – actors lobbying for international standards, opining for more policies, and advocating for more legislation to regulate the conduct of businesses.
  • Those at 30 feet – actors in the thick of it, who are pulled in many directions, and who face competing challenges and objectives.
  • Lastly, there are those who feel they are three feet under – actors who feel paralyzed by what they view as insurmountable powerful structures – structures they feel they can neither influence nor affect.

While there have been significant advances over the years in the business and human rights field, real change will only come about through a change in attitude and behaviour by all stakeholders, and a commitment to put differences aside and work in partnership. Understanding the respective positions and challenges of each relevant actor, by all actors, will be necessary if the end goal – the eradication of corporate-related adverse human rights impacts on stakeholders – is to be achieved.

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