Annual Business and Human Rights Forum: ICJ experts talk about issues linked to access to remedies, local communities and the rights of the child

Dec 3, 2014 | News

Vani Sathisan, ICJ’s International Legal Adviser in Myanmar, and Carlos Lopez, ICJ Senior Legal Adviser on Business and Human Rights made presentations at the annual Business and Human Rights Forum.

Vani Sathisan’s statement highlighted the State duty to protect human rights and provide access to remedies; the need for greater cooperation between businesses and local communities; and possibilities for home governments to cooperate on business and human rights issues.

She underscored that the State duty to protect, respect and fulfil human rights is one that is already grounded in international human rights law and accordingly, Myanmar must adopt and enforce laws – including policies, legislation, and regulations – that are preventative and remedial, and to regulate business conduct and protect the economic, social and cultural rights of its people.

Without proper investment, land and environmental laws, as well as an effective judiciary to enforce these laws and provide appropriate judicial remedies, development projects risk being counterproductive for sustainable development and the protection of human rights in Myanmar.

This panel discussion can be viewed on the UN’s Web TV.

Carlos Lopez Carlos Lopez focused on the work of the Committee on the rights of the child on business and human rights through the adoption of General Comment 16 on States obligations regarding the impact of business on the rights of the child.

The Guiding Principles on Business and Human Rights do not establish legal obligations, but elaborate on the practical implications of those obligations. The legal obligations for States to protect, respect and fulfil human rights are contained in international human rights treaties. One of them is the Convention on the Rights of the Child.

Besides examining State reports and providing conclusions and recommendations, the Committee elaborates General Comments to assist States in their implementation of their legal obligations under the Convention. In February 2013 the Committee adopted General Comment 16 on States obligations regarding the business impacts on the rights of the child. This General Comment was necessary:

· First, because in the Committee’s examination of State reports the issue of impacts of economic actors had arisen repeatedly. The General Comment is a more organized response to these practical and recurrent issues.

· Second, the Committee considered that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. GC16 aims at fulfilling that gap in relation with States while the UNICEF Child Rights and Business Principles does so in relation to business enterprises.

The Committee, with the support of a core group comprising UNICEF, ICJ, Save the Children and OHCHR started a process of reflection, research and global and regional consultations (these took place in Kenya, India and Argentina and an international seminar was held in Sion, Switzerland.

This panel discussion can be viewed on the UN’s Web TV.

Carlos Lopez also moderated a Panel on the rights of the child and business enterprises, under the title Measures for implementing the Convention on the Rights of the Child in the context of business operations.