Civil Society Perspectives on Business and Human Rights

Screen Shot 2014-11-05 at 11.11.59We are delighted to welcome the latest in a series of cross-posts by Dr Shane Darcy from the Business and Human Rights in Ireland Blog. The Business and Human Rights in Ireland Blog is dedicated to tracking and analysing developments relating to business and human rights in Ireland. It aims to address legal and policy issues, as well as highlighting human rights concerns raised by the activities of Irish companies or multinational corporations based in Ireland. The blog is run by Dr Shane Darcy who is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway.

The theme for this year’s Department of Foreign Affairs and Trade NGO human rights Forum is ‘Business and Human Rights: Implementing the United Nations Guiding Principles’. The event, which takes places this Friday, 7 November 2014, is seen by the Department as part of its consultative process towards the development of a national action plan for the implementation of the UN Guiding Principles:

The objective is to present the opportunity for business and civil society to set out their views on business and human rights, both in the broad sense and also with a view to helping to develop a national plan.

In the lead-up to the Forum, a series of guest posts have been running on the Business and Human Rights in Ireland blog, bringing together a variety of international and national civil society perspectives on the topic of national plans for business and human rights. In this post, I try to highlight some of the key points made by the contributors, which may be of interest to those attending Friday’s event.

Starting off the series, Shawan Jabarin, the Director General of Al-Haq, the Palestinian human rights organisation, underscores the role that business is playing in perpetuating the Israeli occupation of Palestine. He makes an interesting historical comparision with Ireland, and considers it:

both ironic and disappointing is that today one of Ireland’s largest corporations, Cement Roadstone Holdings, is profiting from the construction of settlements and walls in occupied Palestinian territory, both of which are violations of international law.

Al Haq, who will be represented at the Forum (as will Cement Roadstone Holdings), have expressed their hope that Ireland might use this opportunity to “raise the bar” in the area of business and human rights.

David Joyce from the Irish Congress of Trade Unions reflects in his piece on the contribution that the UN Guiding Principles on Business and Human Rights can make towards the attainment of the decent work agenda. He sees their importance in the clarification they bring regarding the different roles and responsibilities of business and Governments. He rightly observes that “businesses should not decide what their responsibilities to society are”. David also highlights the weakness of the OECD National Contact Point in Ireland and sees an opportunity in this process for its strengthening.

Karol Balfe, a policy adviser for Christian Aid Ireland focuses on the case of Colombia, in particular on issues relating to trade and human rights. She highlights the opposition of many unions and farmers to the EU Free Trade Agreement with Colombia and Peru, which is to be the subject of a forthcoming Dáil debate. Although there are some human rights aspects to the Agreement, she points to the absence of proper monitoring or compliance mechanisms. She calls on the Irish government, in line with the Guiding Principles, to “develop and set out clear and specific human rights guidelines for Irish companies doing business in Colombia in order to ensure they do not violate human rights”.

Selina Donnelly, Policy Officer for Trócaire, also contributed a post, drawing on the detailed policy position paper on business and human rights that the organisation has just published. Extraterritorial enforcement of human rights is particularly important, she writes, “given the increasing globalisation of business, and growth of corporate influence”. She highlights the significant risks that Irish businesses may become directly responsible or complicit in human rights violations, especially in countries with poor human rights records or weak regulatory environments. She outlines Trócaire’s recommendations regarding remedies, due diligence and the need for a gender focus.

On the subject of national action plans for business and human rights, Claire Methven O’Brien, Strategic Adviser to the Danish Institute for Human Rights, makes the compelling case as to why such plans can help advance the business and human rights agenda. She highlights five key reasons as to why States should adopt national implementation plans: stocktaking, increasing the visibility of particular rights issues, exposure of poor human rights practice, facilitating dialogue between Governments, business and civil society, and, finally, permitting home-grown responses to concerns over business impacts on human rights.

In the most recent contributions, Nicholas McGeehan, Middle East Researcher for Human Rights Watchexplains that the adoption of the Guiding Principles has “undoubtedly” helped NGOs address corporate violations of human rights, by providing a framework in which to put pressure on companies. He focuses on forced labour in the Gulf, particularly prominent in the context of the World Cup in Qatar in 2022, and provides some basic advice for construction companies that might be operating there. Hannah Grene, an independent researcher in human rights and development, also looks at issues of extraterritorial respect for human rights. She draws on Ireland’s poor record in relation to bribery overseas and advocates for significant changes to the way in which the OECD national contact point operates here.

 

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This post gives just a flavour of some of the business and human rights issues that civil society will be seeking to be addressed at the annual DFAT NGO human rights Forum this Friday. A recent post on the blog also included a summary of recommendations made by the Irish Centre for Human Rights in 2012 on the subject of business and human rights. Other NGOs in Ireland have also made submissions to the Department in the recent past relating to business and human rights, including Amnesty International, and no doubt they will also make their voices heard at the Forum.

Civil Society Perspectives on Business and Human Rights