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PUTTING THE PROTECT, RESPECT, REMEDY FRAMEWORK INTO PRACTICE

29 April 2010


John Ruggie (In Memoriam) Author, UN Guiding Principles on Business & Human
Rights

--------------------------------------------------------------------------------

Commentary

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Last week, the latest report under my mandate as Special Representative of the
U.N. Secretary General on business and human rights was released in advance of
the June session of the U.N. Human Rights Council. This is my last interim
report before I submit my final recommendations next year.

In 2008, the Council extended the mandate until 2011, with two main tasks: to
“operationalize” the U.N. “Protect, Respect, Remedy” framework for business and
human rights through concrete guidance and recommendations to States, businesses
and other actors; and to “promote” the framework, coordinating with relevant
international and regional organizations and other stakeholders.

My new report describes how the U.N. “Protect, Respect, Remedy” framework has
already enjoyed considerable uptake, interacting with a range of processes well
beyond the United Nations itself. These include the ISO26000 standard on social
responsibility, the updating of the OECD guidelines for multinational
enterprises, the International Finance Corporation revision of their Performance
Standards, work with 19 leading law firms from around the world on how human
rights considerations are addressed in corporate law across 40 jurisdictions, as
well as road-testing of company-based grievance mechanisms by leading companies
in China, Colombia, Russia, South Africa and Vietnam.

A significant part of the new report focuses on states - both in terms of their
legal duties and policy rationales to protect against abuses committed by or
involving business, and their role in ensuring effective access to judicial and
non-judicial remedy. Current state practices exhibit substantial legal and
policy incoherence that often entail significant consequences for victims,
companies and for States themselves. Addressing these gaps will be a key to
operationalizing the framework, and several governments have already taken
concrete steps to adjust their policies in the past year. One principle seems
clear: the closer an entity is to the State, or the more it relies on statutory
authority or taxpayer support, the stronger is the State’s policy rationale for
ensuring that the entity promotes respect for human rights.

I have set out several priority areas for states to better fulfill their duty to
protect: (a) safeguarding their own ability to meet their human rights
obligations; (b) considering human rights when they do business with business;
(c) fostering corporate cultures respectful of rights at home and abroad; (d)
devising innovative policies to guide companies operating in conflict-affected
areas; and (e) examining the cross-cutting issue of extraterritorial
jurisdiction.

I look forward to further discussions with governments on these and other
related subjects in the weeks and months ahead.

At the same time, companies themselves have a responsibility to respect human
rights, which exists independently of states. It begins with legal compliance
even where the law is enforced poorly or not at all. And for a company to be
able to demonstrate that it respects rights beyond legal requirements requires a
human rights due diligence process. Human rights due diligence can be a
game-changer for companies: from “naming and shaming” to “knowing and showing.”
Naming and shaming is a response by external stakeholders to the failure of
companies to respect human rights. Knowing and showing is the internalization of
that respect by companies themselves through human rights due diligence.

Managing human rights risks requires meaningful engagement and dialogue with the
communities and stakeholders that companies impact. And because a main purpose
of human rights due diligence is enabling companies to demonstrate that they
respect rights, ensuring a measure of transparency and accessibility to
stakeholders will be required. My final recommendations in June 2011 will
include a set of guiding principles for the operationalization of the
framework’s distinct yet complementary and interactive elements and processes.
And they will also include options for what might follow the mandate.

Beyond the area of labor standards, I and my small team have become the de facto
global focal point for business and human rights; without strong government
support, there will be a vacuum in terms of the leadership and guidance that is
needed to bring the framework to life and prevent corporate-related human rights
abuses, unless an effective follow-up process is constituted.

I continue to be grateful for the wide array of stakeholders who have engaged
with and contributed to my mandate, and look forward to our continued
collaboration in its last year -- to ensure that my final recommendations
achieve their intended goals, and that we don’t lose the momentum and progress
that we’ve all worked so hard to achieve.


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