Sep 5, 2017 | Events, News
Today the ICJ and the Graduate Institute of International and Development Studies co-organized a public conference: Elements of a treaty on Business and Human Rights.
In June 2014, the United Nations Human Rights Council established an inter-governmental working group to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”.
The third session of the working group will take place from 23-27 October 2017 at the Palais des Nations.
Today’s event took place at a critical moment to inform the process of elaboration by the working group.
It fosters the exchange of views among international actors, with the aim of creating the basis for consensus on possible contents of a legally binding instrument in the field of business and human rights.
The prospective treaty is expected to contribute to fill some accountability gaps in the international normative framework, in relation to the operations of business enterprises in terms of human rights.
The treaty should also enhance States’ action to ensure effective remedies and reparations for the victims of abuses.
This treaty will be the first in the international human rights law framework to address directly activities of business corporations.
The issue of human rights impacts by business enterprises has reached the top of the international agenda, and several non-treaty instruments have been developed, foremost among them the Guiding Principles on Business and Human Rights.
The process towards a treaty in this field is expected to build on the achievements so far, filling remaining gaps and enhancing rules for and action by states and businesses alike.
For additional information & registration click here
See also the photo of the week on Genève Internationale
Sep 1, 2017 | Feature articles, News
Today, an ICJ delegation concluded a learning and assessment mission to the North Mara region and the North Mara Gold Mine Ltd, a subsidiary of Acacia Mining plc located in north-west Tanzania in the Tarime district of the Mara region.
The visit took place between 27 August and 1 September.
The objective of the ICJ Mission was to learn about the operation with a view to assessing the effectiveness of the North Mara Gold Mine’s operational grievance mechanism (OGM) in addressing complaints over alleged human rights concerns and abuses committed in connection with the mine’s operations.
The members of the ICJ delegation were: ICJ Commissioners Justice Ian Binnie and Alejandro Salinas, accompanied by Mr Carlos Lopez, ICJ Senior Legal Adviser, and Mrs Antonella Angelini, researcher.
Read the full story here: Tanzania-BHR mission North Mara-News-Features article-2017-ENG (in PDF)
Jun 8, 2017 | Events, News
Today, the ICJ and FIDH are organizing a side event to to the 35th Regular session of the Human Rights Council on business and human rights.
Business responsibility to respect human rights
Challenges and opportunities six years after the adoption of UNGPs
A dialogue to move forward
Thursday 8 June 2017, 15.30-17.00
Meeting Room VIII
Palais des Nations, Geneva
After the adoption of the UNGP in 2011, standards on business responsibility to respect human rights and business human rights due diligence have gained prominence in the global debate on business accountability.
Many companies claim to comply with the UNGP by performing a human rights due diligence including across their global supply chain.
Several initiatives have emerged at regional and national level to promote companies’ due diligence processes, including the EU Directive on non-financial reporting, the UK Modern Slavery Act, the French law on company devoir de vigilance.
Despite the progress, serious human rights abuses still occur in both developing and developed countries.
The ability of companies to identify, monitor and prevent negative human rights impacts in their operations and relationships is still weak and the access to effective remedy remains difficult if not impossible.
This is an opportune moment to take stock of the progresses made to date and the challenges ahead in order to create a level playing field that will effectively promote the respect of human rights in business global operations.
Welcome speech
Saman Zia-Zarifi, ICJ Secretary General
Moderator
Carlos Lopez, ICJ
Panelists
Fernanda Hopenhaym, PODER/ESCR-net CAWG steering group
Maddalena Neglia, FIDH
Michael Addo, UN Working Group on BHR
Olivier De Schutter, UN Committee on ESCR/University of Louvain
May 30, 2017 | News
Representatives of large European business enterprises met today with State delegates and representatives of FIDH and the ICJ in Geneva to discuss their views on a prospective international treaty on business and human rights.
The meeting was organized by the FIDH and ICJ and took place under Chatham House rules.
The United Nations Human Rights Council started in 2014 an intergovernmental process towards an international treaty concerning business and the protection human rights.
The first draft elements of that treaty should be discussed in October 2017, after two years of preparatory consultations among the concerned stakeholders.
The meeting in Geneva took place in the context of growing involvement by key business leaders in international discussions, in dialogue with civil society and governments, around global human rights standards.
Business representatives present in the meeting expressed their views regarding the content of a future international treaty founded on their need to have level playing field regarding human rights responsibilities to operate in global markets.
They pointed out that the new treaty should apply to all businesses, go beyond the existing frameworks and create a framework for a fair human rights based competition among businesses towards higher standards.
State delegates and NGOs representatives also shared their perspectives noting that the current circumstances call for bolder collective action as a matter of urgency.
Most participants underlined the key role that State agencies should play in enforcing the rules at the local level and in protecting their people.
Finally, a call was made for businesses, civil society and governments to take their responsibility to promote global human rights binding rules for business operations, including in the global marketplace.
Feb 27, 2017 | News, Publications, Reports, Thematic reports
The Government of Myanmar should impose a moratorium on the development of Special Economic Zones (SEZs) until it can ensure SEZs can be developed inline with international human rights laws and standards, said the ICJ at a report launch held today in Yangon.
The 88-page report, entitled Special Economic Zones in Myanmar and the State Duty to Protect Human rights, assesses the laws governing Myanmar’s SEZs and finds that the legal framework is not consistent with the State’s duty to protect human rights.
For example, a case study examining the Kyauk Phyu SEZ in Rakhine State shows that the land acquisition process initiated in early 2016 lacks transparency, does not comply with national laws on land acquisition, and risks violating the rights of 20,000 residents facing displacement.
“The SEZ Law undermines the protection of human rights, and critical legal procedures are often poorly implemented, so the Kyauk Phyu project risks repeating the rights violations that have been associated with SEZs in the past,” said Sam Zarifi, the ICJ’s Asia Director.
“The NLD-led Government can make a break from the past by ensuring economic development projects benefit Myanmar’s people, rather than rushing to facilitate projects which result in human rights violations and ultimately undermine sustainable development,” he added.
Myanmar’s legal framework for SEZs is based on the 2014 SEZ Law and incorporating national laws governing land, labour and the environment.
The report shows that while national laws require Environmental Impact Assessments and the application of international standards on involuntary resettlement, the SEZ Law does not establish clear accountabilities for the implementation of these procedures.
This has contributed to human rights violations and abuses in each of Myanmar’s three SEZs, the report says.
“It has been encouraging that government officials have emphasized their commitment to protecting human rights in SEZs in line with the rule of law,” said Sean Bain, the ICJ’s Legal Consultant in Myanmar and lead author of the report.
“The legal reforms recommended in this report will be critical to meet these commitments while fulfilling the State’s duty to protect human rights in SEZs. We also suggest that investors take heightened due diligence measures to ensure they are not complicit in rights violations,” he added.
The report was based on extensive legal research as well as interviews with over 100 people, from affected communities to investors and government officials, during 2016.
Key recommendations to the Government of Myanmar
- Protect human rights in Myanmar’s SEZs by amending the SEZ Law, through meaningful public consultation in accordance with international standards.
- Order a moratorium on the development of SEZs, and on entering related investment agreements, until the SEZ Law has been amended to ensure conformity with international human rights law and standards.
- Commission a Strategic Environmental Assessment for the Kyauk Phyu SEZ, in line with Myanmar’s environmental conservation laws. This would involve consultation to inform decision-making on the Kyauk Phyu SEZ and related projects, by identifying cumulative environmental and social impacts of all the developments in Kyauk Phyu, while considering conflict dynamics and economic development in Rakhine State.
- Suspend land acquisition in Kyauk Phyu until after the completion of a resettlement plan that is in line with international standards, as required in the EIA Procedure.
Contact
Sean Bain, ICJ Legal Consultant in Myanmar, t: +95 9263533230 ; e: sean.bain(a)icj.org
Myanmar-SEZ assessment-Publications-Reports-Thematic reports-2017-ENG (full report, in PDF)
Myanmar-SEZ assessment SUMMARY-Publications-Reports-Thematic reports-2017-ENG (executive summary of the report, in PDF)
Myanmar-SEZ assessment full-Publications-Reports-Thematic reports-2017-BUR (Burmese version of full report, in PDF)
Myanmar-SEZ assessment-Publications-Reports-Thematic reports-2017-BUR (Burmese version of the executive summary, in PDF)
