Oct 23, 2018 | Events, News
This side event will be held on October 25th, 2018, from 13:00 until 14:30 at Room XXVII, Palais des Nations, United Nations, in Geneva.
Organized jointly by the ICJ, the International Institute for Sustainable Development (IISD) and the Friedrich Ebert Stiftung (FES), this session’s goal is to provide a platform for discussion about the benefits and shortcomings of the current model of dispute settlement on investment matters and the needs and directions of future reform.
The debate will assist all participants in the World Investment Forum in understanding the current issues regarding investment dispute settlement and the needs and options for reform with a view to foster a strategy where investment-related dispute settlement and rule of law principles contribute to the sustainable development objectives.
The objectives of the event:
- Provide a platform for informed discussion among practitioners and interested stakeholders in the area of investment-related dispute settlement
- Contribute to an improved understanding of the issues at stake and the options for future reform
- Contribute to the efforts of the international community to achieve common ground in various issues related to investment-related dispute settlement
Issues for debate:
- What should governments expect from the ongoing UNCITRAL process in reforming investor-State dispute settlement (ISDS)?
- Should substantive and procedural issues relating to the current model of dispute settlement on investment matters be addressed in a comprehensive way?
- What are the elements to be considered when discussing the possible creation of an investment court?
- Would people impacted by investment projects have a role and standing in investment-related dispute settlement?
Speakers:
Vu Thi Chau Quynh, Deputy Director General, Department of Legislation, The Ministry of Planning and Investment, Viet Nam
Kekeletso Mashigo, Director, Legal – International Trade, Investment, Tax Trade Negotiations Unit, International Trade and Economic Development Division, Department of Trade and Industry, South Africa
Colin Brown, Deputy Head of Unit – Dispute Settlement and Legal Aspects of Trade Policy – DG TRADE – European Commission
Samira Sulejmanovic, Head, Unit for Bilateral Trade Relations, Ministry of Foreign Trade and Economic Relations, Bosnia and Herzegovina
Jane Kelsey, Professor, Faculty of Law, The University of Auckland, New Zealand
Moderator:
Sam Zarifi, Secretary-General of the ICJ.
Oct 12, 2018 | Events, News
First side event: Multi-stakeholder dialogue on the scope and content of a treaty on business and human rights, Monday 15 October 2018, from 13.00-15.00, Room XXVII, Palais des nations.
Second side event: What kind of international monitoring and/or adjudicating mechanism do we need? Tuesday 16 October 2018, from 13.00-15.00 Room XXI, Palais des nations.
On 26 June 2014, the United Nations Human Rights Council (HRC) adopted Resolution 26/9 establishing an “open ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights” with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”.
The first two sessions were dedicated to open deliberations about the format, scope and content of the future instrument, and a document with «elements» of the treaty was presented to the third session in 2017.
The fourth session of the OEIWG opens on 15 October with a «zero draft» of a treaty prepared by the Working Group Chairperson on the table for discussion.
The draft has so far met a mixed reception.
While much of the debate on a treaty has focussed on substantive questions around the scope and nature of substantive rights and responsibilities, the international monitoring and adjudicating mechanism has so far received far less attention.
Both side events organized on October 15-16 by the ICJ will be a space of discussion where stakeholders will be invited to share their views on key sections of the «zero draft» on business and human rights as well as on the best way to proceed in the negotiations in the next period.
Multi-stakeholder dialogue on the scope and content of a treaty on business and human rights (flyer in PDF)
What kind of international monitoring and/or adjudicating mechanism do we need? (flyer in PDF)
Contact:
Carlos Lopez, ICJ Senior Legal Adviser, t: 022 979 3816; e: carlos.lopez(a)icj.org
Aug 23, 2018 | News
On 22 August, the ICJ co-organized a preparatory discussion in Bangkok for civil society organizations on Thailand’s National Action Plan on Business and Human Rights (NAP).
This event was organized one day in preparation for a formal NGO consultation event on the NAP held today.
The formal NGO consultation event was organized by the National Human Rights Commission of Thailand (NHRCT) to consider the draft NAP released by Thailand’s Ministry of Justice’s Rights and Liberties Protection Department (RLPD) in August 2018.
The ICJ hosted the preparatory discussion jointly with Community Resource Centre Foundation (CRC), Amnesty International Thailand (AI Thailand), Protection International (PI), Fortify Rights and the United Nations’ Office of the High Commissioner for Human Rights (OHCHR).
Thirty members of civil society organizations from all across Thailand attended the preparatory discussion.
Of these participants, four persons from the North of Thailand were supported by the ICJ to attend the discussion, including Ms. Arisara Lekkam, Lecturer of Law at Mae Fah Luang University in Chiang Rai, who was also a speaker at the event.
The event began with a presentation about the NAP and business and human rights issues in Thailand, during which Arisara Lekkam provided an overview of the business and human rights situation in Thailand.
Following the presentation, participants divided into groups to discuss four prioritized areas covered by the NAP: Labour, Land and Natural Resources, Human Rights Defenders and Cross-Border Investment.
At the end of the discussion, each group presented a set of recommendations on the draft NAP pertaining to each prioritized area. These recommendations will be provided to the Ministry of Justice’s RLPD.
This is the third event the ICJ has held on business and human rights in collaboration with partners from the North of Thailand.
On 22 November 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a roundtable discussion on human rights litigation concerning special economic zones in Myanmar and Thailand.
Between 29 and 31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on ‘Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.
Background
During the second Universal Periodic Review of Thailand in May 2016, the Royal Thai Government accepted a recommendation to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights.
In August 2018, Thailand’s Ministry of Justice’s RLPD, which is currently leading the development of the NAP, released a revised ‘zero draft’ of the NAP.
In line with the release of the revised ‘zero draft’, the NHRCT led the organization of a formal NGO consultation event on 23 August 2018, jointly with Thailand’s Ministry of Justice, Thailand’s Ministry of Foreign Affairs, United Nations Development Programme (UNDP) and OHCHR.
The Royal Thai Government reportedly plans to launch the NAP in September 2018.
Jul 24, 2018 | Events, News
On 22 and 23 July the ICJ convened a workshop on Business, the Environment and Human Rights Law in Taunggyi, the capital of Myanmar’s Shan State.
This followed meetings between the ICJ’s legal advisers and the Shan State High Court and also with the State Advocate General on 13 July, to discuss rule of law developments.
The workshop aimed to identify ways to address the impacts of business activities on human rights and the environment, through legal advocacy including strategic litigation, and to provide a forum for cooperation and experience sharing among participants.
More than 50 lawyers, parliamentarians, human rights defenders and civil society representatives attended from Shan, Kayah and Mon states – provinces that together border Thailand, Laos and China.
An overview of the investment context was provided by Dr Myint Zaw of Paung Ku Myanmar, who also shared lessons from environmental activism in Myanmar.
As well as highlighting weaknesses in domestic law and policy, he presented concerns around lack of transparency and information sharing between the legislature and executive branches of government.
Australian lawyer and ICJ consultant Mae Tanner gave an overview of international human rights law and standards relevant to business activities and environmental protection, particularly emphasizing the obligations assumed by Myanmar in ratifying the International Covenant on Economic, Social and Cultural Rights.
She offered insights as to how UN mechanisms can be used by civil society to advance their advocacy on business and human rights in Myanmar.
Senior Advocate U Myint Thwin drew on his extensive litigation experience to share perspectives on the complex and confusing array of land laws in Myanmar and emphasized the importance of legal knowledge and training to combat corruption and achieve accountability.
The ICJ’s legal adviser Mr Sean Bain outlined the domestic laws relevant to investment and environmental protection in Myanmar and highlighted some key provisions that offer protection against human rights violations and abuses.
He noted the government’s stated aim of promoting the rule of law in Myanmar and emphasized the importance of demanding accountability, transparency and justice in this context.
Amarin Saichan, lawyer with Thai NGO EnLAW, shared experiences of pursuing strategic litigation to address unlawful and harmful business activities in Thailand, stressing the need for creativity in using the law to seek justice and accountability.
He also raised concerns around the use by government of strategic litigation against public participation in Thailand and explained how Thai lawyers are using the courts to guarantee the right protest against harmful development projects.
Participants had the opportunity to discuss how the strategies they shared could be used in the context of issues faced by their communities.
These included human rights and environmental concerns raised by energy and extractive projects, restrictions on shifting agriculture, and violations of the right to freedom of expression and assembly faced by communities who oppose state-backed developments.
They considered advocacy strategies for four case studies selected by participants from across Shan, Kayah and Mon states.
Throughout the workshop speakers and participants highlighted the importance of cooperation between civil society and lawyers, and the need to use Myanmar’s legal system more proactively as part of their broader advocacy strategies.
This workshop is part of the ICJ’s ongoing support to lawyers and civil society in Myanmar.
Jun 25, 2018 | Advocacy, Non-legal submissions
The statement on behalf of four groups was delivered in the context of the General Debate on Item 3 during the 38th Session of the UN Human Rights Council.
The groups called all States to take up the opportunity to strengthen a multilateral approach the issue of business and human rights by joining the intergovernmental process to establish a legally binding instrument in this field.
The statement is as follows:
The current intergovernmental process to establish a legally binding instrument in the field of business and human rights offers States the opportunity to work through international cooperation and multilateral engagement to effectively address the human rights impact of business activities.
We thus urge all States –including those that have been so far reluctant to engage- to actively participate in this process.
Only constructive dialogue among all States and other stakeholders, especially the affected communities, can lead to sustainable solutions to the existing normative and protection gaps.
This 38th session of the Human Rights Council marks the 10th anniversary of its adoption of the Framework Report “Protect, Respect and Remedy”.
As we celebrate the contribution of this Framework, which led to the creation of the Guiding Principles on Business and Human Rights, we must emphasize the need to increase the international community’s response.
In the past ten years, although important work has been done in some areas and by some countries, little systemic positive change has been felt on the ground, where many individuals, especially indigenous and peasant workers and communities, continue to endure the violation of their rights without recourse to real remedy avenues.
The creation of an international legally binding framework for States to maximize action and cooperation regarding rights abuses in the context of business operations remains a compelling necessity of our times.
I thank you.
Full statement in English (PDF): Universal-HRC38-BHR-treaty-Advocacy-non-legal-submission-June-2018-ENG
