11th UN Forum on business and human rights

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
This session will consider access to remedies for victims of human rights impacts of business activities in the past few years. Much of the discussion on access to remedies has, understandably, focused on access to judicial and institutional remedies. This session will aim to consider some other remedies which have recently been sought.
The context for this discussion is the report by the Working Group on Access to Remedies, that remedies should be remedies to the victims and not only sanctions against businesses which do not benefit victims. It is also within the context of rights-holders being at the centre of access to remedies.

Key objectives of the session:

• Set out some of the recent approaches to access to remedies by rights-holders in line with the "all roads to remedy" approach to realising effective remedies identified in the Working Group’s report (e.g. access to effective remedy taken as an all-pervasive lens; individual and collective work of diverse actors towards the common goal of providing access to effective remedies; and the realisation of remedies in diverse settings);
• Compare these approaches to other forms of access to remedies in terms of the benefits to rights-holders, and
• Offer insights to all stakeholders on methods by which rights-holders may access remedies.

Key discussion questions:

• What are new approaches to access remedies for victims; and 
• What factors should all stakeholders consider when remediating rights-holders for adverse human rights impacts of business activities.

Additional background documents (pdf format) or relevant links:

• Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises:  "Access to effective remedies under the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework", A/72/162, 2017. 
• Role of national human rights institutions in facilitating access to remedy for business-related human rights abuses – Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, A/HRC/47/39/Add.3, 2021.

(Русская версия прилагается)

Interpretation available in English and Russian

Session organized by the UN Working Group on Business and Human Rights, in collaboration with Polish Institute for Human Rights and Business (PL) and Y. Mudryi National Law University (UA)

Brief description of the session:
In the Central and Eastern Europe (CEE) region, following the transition from centrally-planned economies to capitalism, legal frameworks are often designed to promote the private sector. In some cases, particularly where there is entrenched corruption, this can lead to business exemptions from their obligations to respect human rights. In addition, informal employment and unemployment are increasingly widespread problems in the region, while legislation is lagging behind, leaving those working in the gig economy vulnerable and unprotected. These issues are being exacerbated and perpetuated by toxic working culture, ‘feudal’ management styles and a lack of engagement with stakeholders in the region. In this context, the upcoming European Union framework on mandatory human rights due diligence – which will have a spillover effect on the broader region due to supply chain structures - has a chance to provide an opportunity to address some of these issues, but risks sending insufficiently strong signals about the importance of meaningful and safe stakeholder engagement.

Key objectives of the session:
The session aims to touch on:

• New forms of labour relationships, with a focus on flexibility and vulnerability
• Importance of stakeholder dialogue
• De-regulation and its impact on labour rights
• Gender discrimination in the workplace 
• Provision of essential goods and services during armed conflict while ensuring respect for the rights of their employees
• Voluntary and mandatory human rights due diligence (HRDD), including heightened HRDD

Key discussion questions:

• How should vulnerable labour relationships be challenged and corrected/improved?
• What characterizes a good and meaningful stakeholder dialogue with workers (employees, contracted workers, temporary workers, delegated workers, people employed on civil law contracts, people on involuntary self-employement on B2B contract, etc.)?
• How should effective remedies be designed and implemented, and how should access to them be secured and ensured?

Background to the discussion:
The region faces a multitude of issues, which range from unfruitful efforts to develop strategies on labour law protections, to challenges to uphold workers’ rights during crises, including the COVID-19 pandemic and Russia’s invasion of Ukraine. This general context makes the position of employees especially precarious and increases vulnerabilities of those who suffer from discrimination and don't have access to effective remedies. To address these issues, among others, requires efforts from States, business and CSOs to develop mechanisms to avoid the risk of silence on salient human rights abuses in labour relationships.

Additional background documents:

• Olena Uvarova, Responsible business conduct in time of war: Implications for essential goods and services providers in Ukraine

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in Arabic, Chinese, Russian, English, French and Spanish. 

The annual Forum on Business and Human Rights is the UN's platform for multi-stakeholder dialogue to assess the progress made by states and businesses in moving the three pillars to "Protect, Respect and Remedy" of the Guiding Principles on Business and Human Rights (UNGPs) from paper to practice, identify challenges and salient issues and discuss what’s needed to address them adequately.

The plenary of the UN Forum, titled "People and the planet at the centre of advancing business accountability in the next decade", will provide different stakeholders' perspectives on the main theme of the Forum: Strengthening accountability to advance business respect for people and the planet in the next decade.
Among other objectives, the opening plenary seeks to provide inspiration and help set the tone for constructive and solution-oriented dialogue over subsequent discussions. A key goal is to provide a global platform for stakeholders' dialogue on how to enhance accountability and remedy mechanisms for business-related human rights abuses, accelerate the pace of implementation by States and businesses, and incentivize the participation of other actors in alignment with the recommendations from the UNGPs 10+ roadmap.

The plenary aims to reinforce the message that rights holders must be at the centre of any meaningful initiative to secure accountability and access to remedy in order to focus on the effective implementation of the UNGPs.

Format:
The Plenary session will consist of a segment of opening remarks followed by a roundtable featuring reflections of stakeholders from different sectors and regions.

Key references: 

• Guiding Principles on Business and Human Rights at 10: taking stock of the first decade (The Working Group's official stocktaking report, available in all UN languages)
• UNGPs 10+ A roadmap for the next decade of Business and Human Rights developed by the UN Working Group on Business and Human Rights (UNWG)
• Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework

Documentary session organized by BBC News

About the movie:
BBC News Arabic’s new documentary investigation Under Poisoned Skies reveals how the oil industry’s toxic air pollution is putting Iraqi children at risk of cancer. Scientific tests carried out for the BBC indicate high levels of carcinogenic chemicals released in communities near oil fields where companies including BP, Eni and LUKOIL flare gas 24 hours per day. Gas flaring is the poisonous practice of burning excess gas during oil production.
The investigation also exposes how major oil companies including BP are using a loophole to avoid reporting their methane and CO2 emissions from flaring in Iraq. The Iraqi government and oil companies around the world have committed to end routine flaring by 2030. But the BBC has evidence that it has hugely increased in Iraq, fuelling climate change.
The Oil Minister of Iraq told the BBC he would investigate the findings and hold BP responsible for managing any problems related to environmental standards. BP have said they are “extremely concerned by the issues raised by the BBC” and added that they do not declare the gas flaring emissions from Rumaila oil field because they are lead contractors, rather than operators of the field and are not obligated to report those emissions.

(Version française ci-jointe)

Interpretation available in English, French, Spanish, Russian and Japanese.

For remote participants: interpretation for this session is available only via zoom for registered participants.

Session organized by the UN Working Group on Business and Human Rights

Brief description of the session:
To mark the 10th anniversary of the UN Guiding Principles on Business and Human Rights on 10th June 2021, the Working Group on Business and Human Rights coordinated a series of efforts to take stock of the progress made in the first decade of implementation. Following this stocktaking effort, the Working Group prepared the “UNGPs at 10+: A Roadmap for the Next Decade of Business and Human Rights” (‘Roadmap’), which was presented at the 10th UN Forum on Business and Human Rights. This session will discuss the progress made so far in tackling the action areas identified in the Roadmap.
The discussions in this high level session will draw upon the experience of the Working Group in engaging with various stakeholders during their consultations, including in the 2022 African Business and Human Rights Forum and the 2022 UN South Asia Forum on Business and Human Rights. Likewise, insights obtained from the Working Group through various submissions from States, international organisations, civil society organisations, and other stakeholders, provided in response to its various thematic calls for input, will also be engaged.

Key objectives of the session:

• Discuss progress made so far in tackling the action areas identified in the Roadmap;
• Discuss advances and challenges to progress on the Roadmap action areas, and the reasons for these;
• Foster dialogue about efforts that have been undertaken and those not acted upon; and
• Understand from some high-level speakers about some of the actions being taken.

Key discussion questions:

• What is the level of integration of the UNGPs in national strategies related to sustainable development in regions?
• What are the possible challenges and opportunities for relevant stakeholders to deliver on the priority areas?
• How can states, civil society and businesses be assisted  in their efforts to contribute to deliver on the priority areas?

Background to the discussion
The Working Group launched a project in July 2020 to take stock of the implementation of the UNGPs to date, as it marked its 10 anniversary in June 2021, and chart a course for action in the decade ahead (“UNGPs 10+” or “next decade BHR” project). In June 2021, the Working Group presented its findings to the HRC in June 2021 (A/HRC/47/39). The stocktaking report highlighted that the UNGPs have led to significant progress by providing a common framework for all stakeholders in managing business-related human rights risks and impacts. Yet, considerable challenges remain when it comes to coherent action and implementation by States and businesses. In other words, much work remains with respect to ensuring better protection and prevention of adverse human rights impacts, with particular attention to the most marginalised and discriminated against, and to ensuring access to remedy for harms that occur.
The Roadmap calls for a stronger embedding of the UNGPs in State and business efforts to address global challenges. Further, it places business respect for human rights at the heart of strategies to realise sustainable development and a just transition to a green economy that respects human rights. The Roadmap identifies a number of cross-cutting action areas and priority goals, such as meaningful stakeholder engagement that should be at the heart of any State’s legal and policy measures to foster responsible business and businesses’ human rights due diligence and grievance management. The Roadmap also calls on the need for both more systematic tracking of State performance and for better corporate human rights performance data, including better disclosure, alignment, and consistency with human rights standards across benchmarks, scaling the availability of data, and focusing on actual performance and outcomes for people.
The Roadmap builds upon the stocktaking effort undertaken by the Working Group by providing forward-looking recommendations for the next decade. It identifies eight action areas for future UNGPs integration and implementation, as well as priority goals for each area that provide guidance to the various stakeholders on how to act towards an effective and meaningful realisation of the UNGPs. The priority goals identified include enhancing collective action to tackle systemic challenges that underlie the various human rights risks linked to business activities, ensuring more systematic monitoring of progress in implementing the UNGPs, and enhancing capacity building and coordination to support faster and wider UNGPs uptake and implementation.

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Version en espanol en adjunto  / Version en francais en piece jointe 

Brief description of the session
As highlighted by the Working Group on Business and Human Rights, “one of the most remarkable developments of the last ten years is the growing understanding of the need for legal requirements based on the UNGPs. Going forward, it is essential to make emerging mandatory requirements effective and develop regulatory options that work in all markets, while complementing these efforts with a full “smart mix” of measures to foster responsible business that respect human rights”.  Whereas the momentum of mandatory human rights due diligence legislation is particularly growing in Western Europe, Australia and the US, some initiatives are also emerging in the Global South, including stemming from civil society organizations, national human rights institutions, governments, parliamentarians and businesses.
During this session, those initiatives will be discussed, reflecting on challenges and opportunities for their enactment and implementation. In addition, the impact of legal requirements of due diligence coming from Western countries on the Global South will be discussed to highlight opportunities and challenges for their due implementation in favor of rights holders.

Key objectives of the session 
The session aims to:

• Exchange about initiatives on mandatory human rights due diligence in Asia, Africa and Latin America
• Highlight the opportunities of mandatory human rights due diligence for rights holders
• Reflect on possible challenges and potential solutions of the adoption and implementation of legal requirements of human rights due diligence
• Discuss the implications of current and coming regulations from western countries on the Global South
• Reflect about the new alternatives to look for an effective remedy that this regulations may open for victims

Key discussion questions 

• What are the challenges and opportunities for emerging initiatives on mandatory human rights due diligence to be adopted?
• What aspects should mandatory human rights due diligence legislations enclose to ensure the centrality of rights holders and the planet?
• What are the expected outcomes of mandatory human rights due diligence on rights holders, including from other regions?
  

Additional background documents 

• Proyecto de Ley que regula la actividad empresarial y la debida diligencia en materia de derechos humanos y ambiente, elaborado por el Centro de Políticas Públicas y Derechos Humanos (Perú EQUIDAD) y la Plataforma de la sociedad civil sobre empresas y derechos humanos
• Projeto de Lei PL 572/2022 Cria a lei marco nacional sobre Direitos  Humanos e Empresas e estabelece diretrizes para a promoção de políticas públicas no tema.
• Video sesión sobre Regulación de la debida diligencia balance actual, desafíos y oportunidades para la región - VII Foro Regional sobre empresas y derechos humanos

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Brief Description of the Session:
 Our planet has reached a tipping point. From extreme storms and rising sea levels to rapid biodiversity loss and environmental pollution, these manifestations of the climate crisis and ecological decline are set to have lasting impacts on human rights and our planet. Cognizant of these trends, the UN Human Rights Council adopted in October 2021 a resolution recognizing the human right to a clean, healthy and sustainable environment—and with it, the need for environmental justice as well as access to effective remedies for those communities and environmental human rights defenders (EHRDs) working to stop climate change, environmental degradation, and business-related human rights abuse. This hybrid session brings together experts and practitioners to discuss the links between business activities, human rights, and the rights of nature. Speakers will also be asked to reflect on how business respect for human rights—along with the right to a healthy environment—is to be achieved, and the roles that EHRDs, Indigenous peoples and States, among other stakeholders, can play in enhancing corporate sustainability due diligence as concept and practice. 
 
Key Objectives of the Session:
 This session aims to:  

• Provide a safe space for dialogue on the role of businesses and States in respecting and protecting the right to a healthy environment; 
• Discuss challenges faced by EHRDs and positive cases of how stakeholders can work together to ensure climate and environmental justice for current and future generations;  
• Explore what the implications of ‘corporate sustainability due diligence’ should be and what opportunities exist for collaborative action among States, the private sector and EHRDs, among other stakeholders. 

Key Discussion Questions:

• How is climate change and environmental degradation affecting human rights at the local, national and regional levels? 
• How can States and businesses work to realize the right to a clean, healthy and sustainable environment? What steps need to be taken? 
• What has worked or not worked as tools to achieve climate and environmental justice?  
• What does ‘corporate sustainability due diligence’ mean and entail?  

 
Additional Background or Relevant Links:

• OHCHR, Human rights, climate change and business 
• UNEP and OHCHR, COVID-19 and Impacts on Environmental Human Rights Defenders and Environmental Protection in Southeast Asia (2022) 
• Global Witness, Decade of Defiance (2022) 

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
The worst forms of business-related human rights abuse tend to happen in conflict-affected contexts. The 2020 report by the Working Group on Business and Human Rights on conflict situations shows the need for heightened human rights due diligence in conflict situations, while tools and guidance developed by the Working Group, UNDP, and others have begun to elaborate on the specific steps business can take to manage the heightened human rights risks in these contexts. Using examples from recent conflict situations, this session will consider how business can respond, including discussion of the actions business can take to prevent and mitigate harm, the human rights dilemmas businesses must address, and the role of business in fostering an enabling environment for peace and stability.

Key objectives of the session:

• Discuss business actions in recent conflicts and the extent to which they undertook heightened human rights due diligence;
• Discuss dilemmas and challenges to conducting heightened human rights due diligence, and how these dilemmas can be overcome;
• Offer lessons learned from such business activity; and,
• Provide insights into how businesses can make a responsible exit which considers human rights impacts.

Key discussion questions:

• What are the human rights dilemmas faced by businesses operating in conflict-affected areas? What are some of the challenges businesses face in responding in a rights-respecting way? What are some of the internal and external obstacles that must be overcome?
• What are the appropriate policies, regulation, and adjudication to protect against corporate-related human rights abuses in conflict and post-conflict situations?
• How has heightened due diligence been implemented in these contexts? What specific measures did business take, and why, in recent conflict and post-conflict situations?
• What are key lessons learned from recent conflict situations, and how can these be applied going forward?
• How can business, civil society, and government partner to ensure respect for human rights during times of conflict?

Background to the discussion
Since the endorsement by the Human Rights Council of the Guiding Principles on Business and Human Rights in 2011, the number of civil wars has almost tripled, with a six-fold increase in battle-related deaths. For the first time in a decade, in 2021 high-intensity armed conflicts accounted for more than half of all cases of armed conflict worldwide.  According to the Secretary-General, by mid-2022, displacement due to conflict and violence had reached historic levels with over 100 million people, or more than 1 per cent of the global population, having been forcibly displaced. 
This means that very many human rights abuses take place in conflict-affected areas and other situations of widespread violence and that human rights abuses spark or intensify conflict. For businesses, this means that many face complex challenges in respecting human rights as they operate in such environments, either because their activities require them to be in or to re-enter conflict-affected areas, or because they become caught up in the outbreak of a conflict.

Additional background documents

• The Working Group report on Business, human rights and conflict-affected regions: towards heightened action: A/75/212. Read the executive summary.
• Implementing the third pillar: lessons from transitional justice guidance by the Working Group – Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises A/HRC/50/40/Add.4.
• Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts: A Guide
• What do the Guiding Principles on Business and Human Rights say about protecting and respecting human rights in conflict-affected contexts?
• Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, Business and human rights in conflict-affected regions: challenges and options towards State responses, A/HRC/17/32, 2011 (A companion report to the Guiding Principles focused on policy options for States)
• Report by the Working Group on gender dimensions of the Guiding Principles on Business and Human Rights (with policy recommendations on gender and conflict), A/HRC/41/43.
• Guidance for Business in Conflict-Affected and High-Risk Contexts
•  Business and Human Rights Resource Centre on business actions as a consequence of Russian armed conflict in Ukraine

(Versão em português anexa)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights in collaboration with the EU funded project on Responsible Business Conduct in  Latin America and the Carribbean

Version en espanol en adjunto  / Versão portuguesa anexa  

Brief description of the session 
Accountability for business-related human rights abuses remains one of the greatest challenges for the Latin American and Caribbean region to advance the business and human rights agenda. As identified by the OHCHR Accountability and Remedy Project (ARP), most of barriers in accessing both judicial and non-judicial mechanisms are yet to be addressed . In addition, corporate initiatives to provide for remediation to victims when they have caused or contributed to abuses are still scarce . On a positive note, national and regional courts and tribunals have dealt with business and human rights cases, including referring to UNGPs. In addition national human rights institutions and national contact points of RBC of the region are increasingly handling with cases of human rights impacts involving companies. Nevertheless , right holders, including human rights defenders, indigenous leaders and workers, are yet to be redressed and put at the core of the remedial processes in the region. Fighting Impunity, halting strategies to silence human rights defenders work and ensuring integral reparations should be the focus for all governments and businesses of the region to discharge their obligation and responsibility to protect and respect human rights and instill trust among stakeholders.
The session will discuss some of the main obstacles to access effective remedy in the region in order to help identify emerging practice and innovative opportunities to make justice and reparation a reality for the region . This session is organized in the context of the EU funded Responsible Business Conduct Project for Latin America and the Caribbean that the UN Working Group, OHCHR, ILO and OECD implement in the region.
Key objectives of the session :
The session aims to:

• Highlight some  obstacles to effectively access remedy, including for human rights defenders,  and  exchange emerging practice to address them, including through State and business actions. 
• Identify innovative strategies to facilitate victims' access to reparations, including remedy processes led  by businesses.
• Exchange initiatives to improve the effectivity of the remedial mechanisms 

Key discussion questions:

• What are the main barriers faced by victims in seeking remedy for harm caused by companies?
• Even if victims are able to formally access grievance mechanisms, which are the most common limitations?
• What strategies can be used in LAC to stop the criminalization and persecution of human rights defenders?
• How can businesses support innovative strategies to provide for the remediation of victims , including instilling trust among affected stakeholders?

Additional background documents :

• Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, Role of national human rights institutions in facilitating access to remedy for business-related human rights abuses
• Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, The Guiding Principles on Business and Human Rights: guidance on ensuring respect for human rights defenders 
• OHCHR, Accountability and Remedy Project
• Konrad Adenauer Stiftung, Experiencias latinoamericanas sobre reparacion en materia de empresas y derechos humanos
• Debevoise and Plimpton, UN Guiding Principles on Business and Human Rights at 10 The Impact of the UNGPs on Courts and Judicial Mechanisms

Interpretation provided in English, French and Spanish

Session organized by the Office of the UN High Commissioner for Human Rights (OHCHR)

Brief description of the session
This session will focus on the importance of meaningful engagement with rights holders in the development and operation of non-judicial remedial systems. Taking the Fair Food Program (FFP) as a case study, the session will explore the role of rights holders in the development of the FFP, the FFP’s model for addressing accountability and remedy, how the model has influenced developments in other sectors and countries, and how rights holders have been instrumental in this expansion. Panelists will discuss the benefits of this approach for rights holders and companies, as well as how to replicate this approach in other contexts.

Key objectives of the session

• Enhance rights holders´ ability to engage in the design and development of remedial mechanisms.
  
• Share good practices regarding the design of non-State-based grievance mechanisms.
• Explore the benefits of worker-driven grievance mechanisms, including for companies.
• Discuss how worker-driven models have been and can be adopted in different sectors and contexts.

Background to the discussion
Since 2014, the Office of the UN High Commissioner for Human Rights (OHCHR) has led the Accountability and Remedy Project (ARP) to strengthen implementation of the "Access to Remedy" pillar of the UNGPs. Through its work on non-State-based grievance mechanisms (ARP III), OHCHR found that such remedial systems tend to be most effective when those who will ultimately be using those systems have been meaningfully involved in the development of them. Thus, OHCHR has recommended that those developing and operating such mechanisms should give much greater emphasis to the needs, expectations and perspectives of the people for whose use these mechanisms are intended. Further, OHCHR has called for business enterprises to engage proactively with those seeking to develop and implement worker-driven grievance mechanisms.
Of the worker-driven models currently in existence, the Fair Food Program is one of the most long-standing, and is also widely regarded as being one of the most advanced. That program was built upon farmworker community organizing led by the Coalition of Immokalee Workers, who pioneered a worker-led, market-enforced approach to the protection of human rights in corporate supply chains. Over the past several years, this so-called Worker-driven Social Responsibility paradigm has begun being replicated in other countries and contexts. This session will examine the drivers behind the success of the FFP and the latest global developments in their remedial model.

Additional background documents

• Accountability and Remedy Project
• ARP III report/guidance and explanatory addendum
• Summary of ARP III guidance on meeting the effectiveness criteria
• Fair Food Program and Fair Food Standards Council
• Coalition of Immokalee Workers

•  Worker-driven Social Responsibility Network
• Antonella Angelini & Shauna Curphey, The Overlooked Advantages of the Independent Monitoring and Complaint Investigation System in the Worker-driven Social Responsibility Model in US Agriculture, 2022 Business and Human Rights Journal, 1-6.

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Brief Description of the Session:
 Across the Asia-Pacific region, trends related to business-related human rights abuse are not abating. These include, for instance, attacks against human rights defenders (HRDs), the criminalization of Indigenous communities speaking out against such abuses, as well as the use of strategic litigation against public participation (SLAPPs). In the spirit of the Forum’s theme of ‘putting rights holders at the center’, this hybrid session will explore and unpack the different principles, tools, and strategies that can be leveraged to protect rights holders—whether these be victims or individuals at heightened risk of business-related human rights abuses, workers, or HRDs—and ensure their ability to access effective remedies in the Asia-Pacific. The session is structured as a ‘fireside chat’, where speakers will candidly share their expertise, lived experiences, and lessons learnt in relation to the question of how to protect rights holders. Speakers will also be asked to reflect practically on how action by States, businesses, and rights holders themselves can be galvanised—from the bottom-up and top-down—to safeguard human rights at the local, national and regional levels.   
  
Key Objectives of the Session:
 This session aims to:  

• Discuss how the UN Guiding Principles on Business and Human Rights should be implemented and enforced to protect HRDs, Indigenous peoples, and other rights holders;  
• Share good-practice cases and practical lessons in relation to how rights holders can be supported to defend against business-related human rights harm, including from SLAPPs, criminalization, and other forms of persecution;  
• Appraise the opportunities and challenges faced by States, businesses, and civil society in preventing and remedying business-related human rights abuses within the Asia-Pacific region.  

Key Discussion Questions:

• Who are the rights-holders facing the greatest risk of business-related human rights abuse?   
• What are the key trends in the persecution of rights-holders in the Asia-Pacific region?  
• What are the priority action areas in the protection of rights-holders?  
• In practical terms, which tools or approaches have or have not worked when it comes to safeguarding rights-holders?  

Additional Background or Relevant Links:   

• UNWG, Background note: Human rights defenders and civic space – the business and human rights dimension 
• UNWG, The Guiding Principles on Business and Human Rights: guidance on ensuring respect for human rights defenders 

(Version française ci-jointe)
(Versión en español adjunta)

Brief Description of the Session:
 
This hybrid session focuses on exploring the critical role that States play as duty bearers in implementing and advancing the business and human rights (BHR) agenda. Bringing State representatives together with stakeholders from the private sector, human rights mechanisms and civil society, speakers will discuss notable actions that governments have taken to enforce business respect for human rights, and how such action—whether it be through receiving country visits, adopting national action plans on BHR, or initiating activities to sensitise businesses to human rights due diligence (HRDD)—can result in positive change for rights-holders in various parts of the world. In the spirit of ‘building forward better’, speakers will also be asked to reflect on future BHR action as well as how multi-stakeholder coalitions can be catalyzed to accelerate the uptake of the UN Guiding Principles on Business and Human Rights (UNGPs) over the next decade. 
 
Key Objectives of the Session:
 This session aims to:  

• Explore how States can engage with—and be engaged by—different stakeholders effectively to take action in the BHR domain;   
• Take stock of the progress made and challenges that remain in carrying out the BHR agenda in different country contexts;  
• Discuss what tools and/or approaches have worked to galvanise political will and action to adopt and implement the UNGPs.  

Key Discussion Questions:

• What are the major opportunities and/or barriers faced by States in tackling and preventing business-related human rights abuses?  
• What are some positive examples of transformative change that have resulted from government action in the BHR space?  
• How can multi-stakeholder coalitions be mobilised to facilitate the implementation of the BHR agenda, including HRDD, in different countries and/or regions?   
• Reflecting on the next decade of the UNGPs, what are the next critical steps that need to be taken by States in order to accelerate their uptake?  

Additional Background or Relevant Links:

• UNWG, Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises on its mission to Peru 
• UNWG, Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises: Visit to the United States of America 
• UNWG, Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises: Visit to Ghana 

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights in collaboration with BSR

Version en espanol en adjunto/ Version en francais en piece jointe

Brief description of the session:
The growth of sustainable investing and “ESG” signals progress in the financial industry as investors begin to appreciate how environmental, social, and governance (ESG) issues create risks and opportunities. Yet the ESG field has been criticized, for example, for inadequate “greenwashing” strategies or for ignoring the “S”. At the same time, there is often no account taken of the value of business and human rights in developing ESG approaches. As investors and stakeholders navigate these issues and seek to ensure the societal benefits of ESG, it important that a human rights-based approach to ESG investing is considered and that impacts on people are put at the centre of these approaches. This session will shed light on the content and scope of the human rights-based approach to investment and how it contributes to elevating the voice of rights-holders in investment contexts.

Key objectives of the session:
The session aims to:

• Clarify the key difference between ESG and human rights-based approaches to investment;
• Demonstrate the real-world impact of investment activities on human rights;
• Provide some  guidance on how investors can integrate a human rights approach into investment decision-making and stewardship, with a focus on meaningful stakeholder engagement as part of their human rights due diligence (HRDD)and enabling access to remedy;
• Promote stakeholders' understanding of the different types of leverage that could be used by institutional investors  to promote respect for human rights and enable access to remedy, as a way to strengthen their advocacy role; and
• Recommend appropriate actions to States in order to incorporate a human rights approach in finance through regulatory frameworks and public policies.

Key discussion questions:

• What is ESG investing and how is it similar or different from business and human rights?
• What are the benefits of a human rights-based approach to investment?
• Does implementing HRDD in investment decisions and stewardship involve integrating this process into ESG analysis or should it be a separate process?
• What does meaningful stakeholder engagement look like in the case of institutional investors?
•  What concrete measures can investors take to exercise leverage in portfolio companies and asset managers to promote respect for human rights?
• What is the role of institutional investors in driving access to remedy for affected rights-holders?
• What measures have States taken or should they take to ensure ESG investing is aligned with investors’ human rights responsibilities and ensure investors are held accountable?

Background to the discussion:
The Working Group on Business and Human Rights, together with the OHCHR, has on numerous occasions clarified on the applicability and extension of the obligation to respect the UNGPs to actors in the financial sector, reaffirming the obligation of institutional investors and banks to avoid causing or contributing to negative impacts on human rights in their activities or through their business relationships[1]. In its stocktaking on the first decade of the UNGPs, the Working Group has recognized that financial actors "have an unparalleled capacity to influence business and increase progress in the implementation of the Guiding Principles"[2] and acknowledged this issue as a central part of the agenda for the next decade.
Mainstream approaches to ESG follow a common formula: investors identify material risks to business based on a limited set of pre-determined criteria and limited and/or inaccurate data. Social issue assessments can often appear simplistic, “check the box,” and of limited value. Complex issues may be reduced to limited criteria (e.g., diversity statistics), missing the intersection of environmental and governance issues, business models, business relationships and, crucially, real-world impacts of business activities on people. Even when an investor seeks to address risks, the formula often focuses on reducing financial ESG risk rather than on the cause of risk to people. For society, the result of ESG is often that business appear to check the right ESG boxes but their activities still have an adverse effect on the rights of workers, communities, customers, and others.
 
Additional background documents or relevant links:

• “Taking stock of investor implementation of the UN Guiding Principles on Business and Human Rights” Addendum report of the Working Group on the issue of human rights and transnational corporations and other business enterprises. For more details on the work of the Working Group on this topic, see: Financial sector and human rights
• BSR, Human Rights Roadmap for Transforming Finance (2022). For more from BSR, see Human Rights and Financial Services
• Investor Alliance for Human Rights (2020), Investor Toolkit on Human Rights
• PRI, Why and how investors should act on human rights
• OECD (2017), Responsible business conduct for institutional investors. Key considerations for due diligence under the OECD Guidelines for Multinational Enterprises

[1] Consult the notes of the Working Group addressed to : Centre of Research on Multinational Corporations (SOMO), Grupo de Trabajo de la OCDE sobre Conducta Empresarial Responsable, Thun Group of Banks y BankTrack among others.
[2]  A/HRC/47/39, Guiding Principles on Business and Human Rights at 10: taking stock of the first decade, Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, p.17.

Interpretation in English, French and Spanish, provided by DOCIP for Indigenous Peoples

Organized by the Permanent Mission of Ecuador to the United Nations Office and Other International Organizations at Geneva
 (Chair-Rapporteur of the OEIGWG)
 
Brief description of the session:
The open-ended intergovernmental working group (OEIGWG) on transnational corporations and other business enterprises with respect to human rights was established by HRC Resolution 26/9 of June 2014, with the concrete mandate “to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”.
Since 2015, the Working Group has held eight sessions, with increasing participation by States and other relevant stakeholders taking part in the discussions and deliberations. In the last 5 years, the process has incorporated a pragmatic, balanced, inclusive, and progressive approach in complete synergy with other existing frameworks.
Significant progress has been achieved in this process. It is possible to improve victims' access to justice and effective remedy through binding regulations that complement and reinforce voluntary norms such as the Guiding Principles on Business and Human Rights (UNGPs) and other non-binding international standards proposed by the ILO and the OECD.
However, further work is still required to define the fundamental aspects to adopt an inclusive and balanced legally binding instrument. Broad and active participation of all the actors, particularly of States, is necessary to enrich the process with their vision and contributions and to build on and achieve consensus.
 
Key objectives of the session:

• Facilitate the stock-taking and lesson-sharing between governments and other relevant actors, on how binding and non-binding measures could complement and reinforce each other, in light of the conclusions of the 8th session of the Working Group and the recommendations of the Chair-Rapporteur, and the concrete recent legal developments, trends, and good practices in preventing and addressing business-related human rights abuses.
• Explore the opportunities provided by the LBI to make concrete progress towards the protection of human rights in the context of business activities, improve accountability, provide justice and effective remedies for victims, and strengthen the complementary implementation of the UNGPs.

 
Key questions:

• Which are the main elements that the future LBI should include in its provisions to promote and facilitate respect and protection of human rights in the context of business activities?
• In terms of the process, how States and all relevant stakeholders could contribute constructively to build consensus around the draft text of the LBI?

Background to the discussion:
Ecuador, in its capacity of Chair-Rapporteur of the OEIGWG, submitted the Zero Draft of the LBI in 2018, the Revised Draft (Rev.1) in 2019, the Second Revised Draft (Rev.2) in 2020, and the Third Revised Draft (Rev.3) in 2021. The Rev.3 sought to further align its provisions with existing instruments and frameworks, such as the UN Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration on Multinational Enterprises and Social Policy, and other relevant ILO instruments, as well as the OECD Guidelines for Multinational Enterprises, among others, under a pragmatic and progressive approach.
The 3rd revised draft of the legally binding instrument presented to the 7th session, with the addition of the compilation of the concrete textual proposals submitted by States in that session, was the basis for the discussions during the 8th session, held in October 2022. Additionally, the Chair-Rapporteur presented an informal contribution on some specific articles of the text to help advance discussions and facilitate negotiations. The Chair-Rapporteur outlined the inter-sessional steps to advance the work on the elaboration of the LBI in the Recommendations of the 8th session.
The report and documents of the 8th and previous sessions can be found at https://bit.ly/3GjWUCW

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights

Brief description of the session:
States, businesses and multi-lateral organizations, in collaboration with other stakeholders, need to give higher priority to urgently confronting the rising threats faced by human rights and environmental defenders (including representatives of indigenous peoples and trade unions) and civil society organizations who raise concerns about business-related human rights impacts. In November 2021, the Working Group launched a Roadmap for the next decade of implementing the UNGPs, outlining the need to raise the ambition and increase the pace of the implementation of the UNGPs to improve coherence and create greater impact. The Roadmap observed that a collaborative platform is needed to effectively respond to threats faced by human rights and environmental defenders. It called on civil society organizations, trade unions and organizations working with human rights defenders and affected stakeholders to engage constructively in processes to develop effective mandatory measures and evaluate State performance. It also called on them to evaluate business performance against the UNGPs, e.g. through benchmarking and rankings and to engage directly with business to help build their capacity, including local smaller businesses. However, it is difficult, to say the least, for human rights defenders to do this when they face such extreme threats to their life and livelihoods.

The session will focus on the current threats to human rights defenders working on corporate accountability and seeking justice. The session will start with an introduction by Fernanda Hopenhaym, Chairperson of the Working Group on Business and Human Rights, including the announcement of the recipient of the 2022 Human Rights and Business Award, an annual award "for outstanding work by human rights defenders in the Global South or former Soviet Union addressing the human rights impacts of business in those regions". The recipient will briefly accept the award. Further information about the award and the 2022 recipient will be posted on the session webpage as the award is announced.

Fernanda Hopenhaym will then briefly reflect on the present threats to human rights defenders, including the increasing use of legal measures to intimidate and criminalize defenders through strategic lawsuits against public participation (SLAPPs). She will also consider the ways in which the Working Group’s guidance, presented to the Human Rights Council in June 2021, can offer a framework for those trying to ensure respect for human rights defenders.

The panelists will then discuss the threats they face and the available support mechanisms, including under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention) and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (the Escazú Agreement).

Key objectives of the session:
● Increase the number of business enterprises that recognize that the responsibility to respect human rights is inextricably linked to respect for human rights and environmental defenders.
● Highlight the need for an increasing number of business enterprises to commit to challenge business partners who use SLAPPs against human rights and environmental defenders and
civil society organizations
● Highlight the obligations of States to set clear expectations in relevant legal and policy areas that the business responsibility to respect human rights includes respecting trade union rights and human rights and environmental defenders.
● Hear from human rights defenders on the challenges they face and their expectations regarding the obligations of States and the responsibilities of business to respect the right to defend human rights and participate in public affairs.
● Raise awareness of the incompatibility between a commitment to respecting human rights and engaging in practices or relationships that undermine human rights and environmental defenders, civil society and trade unions.

Key discussion questions:
● What are the major threats to human rights defenders working on corporate accountability and seeking justice?
● What should States and businesses be doing to address these threats?

Additional background documents or relevant links:

A/HRC/50/40/Add.3 “Tenth anniversary of the Guiding Principles on Business and Human Rights: a roadmap for the next decade of business and human rights – raising the ambition, increasing the pace” https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F50%2F40%2FAdd.3&Language=E&DeviceType=Desktop&LangRequested=False

https://www.ohchr.org/en/special-procedures/wg-business/guiding-principles-business-and-human-rights-guidance-ensuring-respect-human-rights-defenders

https://www.ohchr.org/en/documents/thematic-reports/ahrc4739add2-guiding-principles-business-and-human-rights-guidance

https://unece.org/environment/press/worlds-first-special-rapporteur-environmental-defenders-elected-under-aarhus

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish
 
Session organized by the UN Working Group on Business and Human Rights

Brief description of the session: 

In 2011, the United Nations Human Rights Council (HRC) unanimously endorsed the UN Guiding Principles on Business and Human Rights (UNGPs). They articulate the obligations of States and the responsibilities of companies to prevent and address adverse human rights impacts of business activities.
In recent years, the UNGPs have increasingly become better known in the Africa region and various African governments, businesses, national human rights institutions (NHRIs), civil society actors, academia and the legal community have increased their action to promote responsible business conduct and corporate accountability. The recent legislative and regulatory developments in this regard prove how fast the business and human rights agenda has been picking up in the region. However, significant gaps remain to translate the UNGPs into effective protection and remedy frameworks for rights holders on the ground. A significant increase in capacity-building and awareness of the UNGPs, political will and opportunities for peer learning and allocation of financial resources to support implementation efforts are key aspects for the road ahead to develop a more sustainable path towards responsible business and sustainable development for the continent. For the UNGPs to engender change in Africa, as envisioned in the Roadmap for the next decade of business and human rights developed by the Working Group, there is a need to focus on how the implementation of the UNGPs can be accelerated from a rights holder’s perspective.
 
Key objectives of the session:

• To present ways in which the UNGPs have been used to strengthen human rights and environmental protection in Africa with tangible results for rights holders.
• To discuss what is required to advance greater awareness on, and the implementation of the UNGPs across Africa, and build the capacity of all stakeholders to use the UNGPs as an effective tool for States and business to discharge their respective duties and responsibilities to protect and respect human rights and the environment.
• To identify obstacles, drivers, and priorities that need to be addressed to achieve fuller realization of the UNGPs in Africa.

Key discussion questions:

• What challenges remain in the region to operationalize the UNGPs? What has worked and what has not worked to date?
• What are the key drivers and priorities that need to be addressed to achieve the full realisation of the UNGPs in Africa?
• What needs to happen to ensure that rights holders are central to efforts made by African States when implementing their duty to protect, and  businesses when implementing their responsibility to respect human rights?
• What can be learned from the progress made, in order to find sustainable and shared solutions for advancing implementation of the UNGPs in Africa over the next 10 years?

Interpretation provided in English, French and Spanish

Session organized by the Office of the UN High Commissioner for Human Rights (OHCHR) in collaboration with the UN Working Group on Business and Human Rights 

Over the past years there has been an increasing focus on the interrelationship between human rights and technology. The Human Rights Council, OHCHR and UN human rights mechanisms, including the Working Group on business and human rights, have highlighted that the promise of digital technologies for transformational change to the benefit of humanity can only be realised when effectively guarding against the risk of harm to people. Government responses to the challenges have been – or risk being – reactive and ad hoc, overlooking at times the existing frameworks and standards that provide principled and rights-based responses. For their part, technology companies have called for more clarity and guidance on how to meet expectations for responsible business conduct. Civil society actors and particularly rights holders have also been strong in exposing the risks and demanding effective prevention and remedy.. l

The authoritative global standard for preventing and addressing human rights harms connected to business activity, including in the tech sector, is the UN Guiding Principles on Business and Human Rights (UNGPs), endorsed by the Human Rights Council in its resolution 17/4 of 16 June 2011. Taking stock of the first decade of the implementation of the Guiding Principles, the Working Group on business and human rights further stressed that the UNGPs provided a compelling starting point for companies and States seeking to address the potential harms of digital technologies by effectively managing associated risks to people, as they precisely sought to manage the gap between rapid change and the capacity of society to manage its consequences. Participation of rights holders in building the much needed solutions.

An increasing number of States are elaborating policy frameworks at the national and multilateral level regarding the development and use of digital technologies such as those based on Big Data, Machine Learning and Artificial Intelligence. Other regulatory developments, such as those related to Mandatory Human Rights Due Diligence requirements for companies, may also have implications for how technology companies design, develop, and sell products and services, for example by mandating greater transparency over the decisions they make, and putting in place safeguards and oversight.

In order to provide enhanced clarity for policymakers and other key stakeholders working on regulatory proposals regarding business conduct in the technology sector, the B-Tech Project is developing a “UNGPs compass” tool that would allow policy makers and other stakeholders to assess whether regulatory or incentive-based initiatives directed at tech align with the UNGPs.

The purpose of the “UNGPs compass” will be to inform the choice of design and policy options/instruments for draft legislation and incentive-based initiatives aiming at rights-respecting conduct of tech companies. The aim is to offer a set of core elements that can serve as the analytical grid for rights-respecting tech regulation and policy incentives and that is useful and meaningful for all stakeholders.

The “UNGPs compass” will provide States with a roadmap to check that their efforts across different policy domains relevant to tech/tech companies’ operations, products and services are aligned with the UNGPs. The key messages and features of the “UNGPs compass” will aim to foster a Business & Human Rights angle in tech and advocate for it.

The session builds on:

• The B-Tech foundational paper on Bridging Governance Gaps in the Age of Technology – Key Characteristics of the State Duty to Protect
• Research Brief by the B-Tech and the Geneva Academy on “Regulating Business Conduct in the Technology Sector: Gaps and Ways Forward in Applying the UNGPs”
• Human Rights Council Report on the practical application of the UNGPs to the activities of technology companies (A/HRC/50/56) and its Addendum (A/HRC/50/56/Add.1)

The purpose of the session is three-fold:

• First, to discuss the human rights risks associated to the tech sector and how they are currently being addressed
•    Second, to discuss implications from existing tech as well as business & human rights regulation and identify lessons learnt
•    Third, to present and discuss the proposed building blocks of a “UNGPs compass” guidance tool for policy makers

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
This session will consider the recent legislation on business and human rights across WEOG States, especially in relation to mandatory human rights due diligence. This has included legislation in France, Germany, the Netherlands and Norway, as well as the proposed EU Corporate Sustainability Due Diligence Directive. There have also been proposals for legislation across other States, and existing legislation has been reviewed in some States, such as the Australian Modern Slavery Act. At the same time, there has been legislation about the imports of goods by businesses.

There are many governments in the WEOG region (and in other regions) that are considering whether to introduce legislation on this area or are aware of the possible effects on businesses of legislation in other States. There is also a concern by businesses that a diversity of legislative measures can create difficulties for them in compliance, and a lack of legal certainty, so coherence and consistency would be important. In addition, many civil society actors are seeking to ensure that the legislation created serves the purpose of increasing both the accountability of businesses for their adverse human rights and environmental impacts, and access to remedies by victims.

A particular focus of the session will be the processes by which these pieces of legislation came about, and how they reached the final stages. This will help all stakeholders to share the lessons learned from efforts by governments and regional entities to drive greater policy coherence on business and human rights issues through regulation, and to scale up the implementation by business enterprises of the corporate responsibility to respect human rights. It will also facilitate multi-stakeholder dialogue around the way forward in WEOG States.

Key objectives of the session:

• Clarify the key provisions of the draft EU Corporate Sustainability Due Diligence Directive;
• Compare the draft EU Directive with other broad-based mandatory human rights due diligence legislation;
• Discuss the processes about how these types of legislation were crafted; and
• Offer insights for all stakeholders when considering their own legislation.

Key discussion questions:

• What were the processes which led to the draft EU Corporate Sustainability Due Diligence Directive? What can be learned from those processes and what is the way forward?
• What factors should all stakeholders consider when contemplating drafting legislation on mandatory human rights due diligence and other regulation relevant to the business and human rights agenda?

Additional background documents

• https://ec.europa.eu/info/publications/proposal-directive-corporate-sustainable-due-diligence-and-annex_en
• https://media.business-humanrights.org/media/documents/EU_Business_Statement_February2022.pdf

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
Many women, including transgender, gender diverse and intersex women, face intersecting forms of discrimination—due to multiple factors including their age, race, ethnicity, disability, or socio-economic status—in addition to gender-based discrimination.
In the context of business operations, women, girls and LGBTI persons, may experience negative impacts differently and disproportionately because of intersecting and multiple forms of discrimination. They may also face additional barriers in seeking access to effective remedies.
In line with its mandate to integrate a gender perspective throughout its work (A/HRC/RES/17/4), the Working Group aims to address the many challenges women and LGBTI people face in the context of business activities, as well as discuss measures taken by States and businesses to implement the UN Guiding Principles on Business and Human Rights (UNGPs) in a way that is responsive to the various gender-differentiated impacts of business activities.
Companies have multiple opportunities to contribute positively to social change wherever they do business in a rights respecting manner, and this includes incorporating a gender and intersectional perspective.
The WG has provided clear guidance on how to conduct gender-sensitive human rights due diligence and develop gender-responsive solutions in its report from 2019 on the Gender dimensions of the Guiding Principles on Business and Human Rights.
The UN Standards of Conduct for Business Tackling Discrimination Against Lesbian, Gay, Bi, Trans, & Intersex People articulates what role the private sector can play in respecting the rights of LGBTI persons. The Standards lay out specific steps that companies should take to tackle discrimination within their workplaces, and those of their suppliers and business partners. It also calls on the private sector to stand up for the human rights of LGBTI communities in the places where they do business.
However, businesses may face challenges in the implementation of the Standards, especially in countries that prohibit marriage equality, or worse, criminalize same sex relationships. This raises the question of the role of that companies can play when operating in environments where governments either fail to protect the human rights of women and of LGBTI persons, or restrict or violate those rights. Addressing these challenges requires first a comprehensive understanding of the social structures, social norms and stereotyping that expose women and LGBTI persons at heightened risk of business-related human rights abuses. In addition, the power relations that frame not only laws and policies but also the economy, social dynamics, family life and community life need to be taken into consideration when implementing the UNGPs using an intersectional lens.

Objectives:

• To discuss what it means to "protect, respect and remedy" the rights of women and LGBTI persons in a business context in line with the UNGPs.
• To discuss measures to prevent intersecting forms of discrimination against women and LGBTI persons.
• To discuss how the UN Standards of Conduct for Business Tackling Discrimination Against Lesbian, Gay, Bi, Trans, & Intersex People can be operationalized to help companies move from respecting the rights of their LBGTI employees in countries where the rights of LGBTI people are generally protected by law, to advancing and standing up for those rights in places where they do business in which those rights are restricted or non-existent.
• To identify regulatory initiatives at the corporate, national, regional or international level that have proven to be successful in preventing abuse against LGBTI persons and advance gender equality.
• To foster collaboration among different stakeholders to promote substantive gender equality in the business and human rights field.

Background to the discussion:
Following up on previous sessions at the annual Forum and based on the 2019 report of the Working Group A/HRC/41/43 to the Human Rights Council on the Gender dimensions of the Guiding Principles on Business and Human Rights, this session will seek to expand the scope of the understanding of gender previously analysed by the Working Group, in order to include and discuss how women, including transgender, gender diverse and intersex women, face intersecting forms of discrimination in addition to gender-based discrimination.

Background materials:

• Mind the corporate gap, OHCHR.

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights 

Brief Description of the Session:
What are the responsibilities of development finance institutions (DFIs) to human rights under the UN Guiding Principles on Business and Human Rights (UNGPs)? Multilateral DFIs have long been scrutinised for their impacts on communities and workers, such that many have developed their own environmental and social safeguard policies, guidelines, and grievance mechanisms—with some even predating the UNGPs. Even so, major concerns persist with respect to, for instance, the effectiveness of these efforts on the ground; the persecution of human rights defenders speaking out against large-scale development projects; and ongoing challenges faced by communities in accessing remedy. Moreover, considering the growing role played by national, sub-regional and regional DFIs, this raises additional questions about how and to what extent these actors are applying a human rights-centered approach to their financing, and whether the potential and actual adverse impacts of their financed projects are being adequately addressed.

This hybrid session will explore new and emerging issues, actors and trends in the development finance landscape. Attention will also be directed to discussing the opportunities and challenges that rights holders as well as DFIs face in implementing and enforcing the UNGPs. Structured as a consultation that will feed into the UN Working Group’s report to the Human Rights Council in 2023, this session features two speakers from OHCHR and the Organisation for Economic Co-operation and Development (OECD), who will provide ‘trigger’ remarks based on their new guidance on DFIs, to jumpstart constructive dialogue on these questions. Interventions from the floor—both in person and online—in response to these remarks and the key discussion questions contained in this concept note are welcomed and encouraged.

Key Objectives of the Session:
This session aims to:
- Identify key issues, actors, and trends that should be covered in the UN Working Group’s report to the Human Rights Council;
- Highlight the specific challenges that rights holders (e.g., communities affected by development projects, workers, and human rights defenders) face in holding DFIs accountable, as well as the key human rights issues that they would like DFIs to address;
- Discuss the opportunities and challenges for DFIs in integrating human rights into their policies and practices;
- Share ‘good practice’ examples of DFI policies and financed projects that are human rights-responsive.

Key Discussion Questions:
- What are the responsibilities of DFIs to respect human rights under the UNGPs? And how should these responsibilities be discharged?
- What principles, frameworks and policies exist to govern how DFIs implement human rights due diligence in their project financing?
- What are the key challenges faced by rights holders in holding DFIs accountable for the negative human rights impacts of their project financing, and in gaining access to effective remedy?
- What are the key challenges faced by DFIs in incorporating human rights considerations, specifically the UNGPs, human rights due diligence and access to remedy, into their policies, risk management systems, and practices?
- What role should States play in ensuring that DFIs abide by their responsibility to respect human rights?
- How can rights holders, DFIs, and States work collaboratively to ensure the monitoring, implementation and enforcement of the UNGPs in development finance?

Additional Background or Relevant Links:
- UNWG, Financial sector and human rights
- OHCHR, Remedy in Development Finance: Guidance and Practice (2022)
- OHCHR, Consultation Draft - OHCHR Benchmarking Study of Development Finance Institutions' Safeguards Policies (to be finalised in 2022)
- OECD, Responsible business conduct in the financial sector

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on Business and Human Rights 

Brief description of the session:
In 2020, the wake of high-profile cases of abuse relating to racial discrimination called for the need of States and business enterprises to take racial justice into consideration as part of their human rights obligations and responsibilities, as outlined in the UN Guiding Principles on Business and Human Rights (UNGPs). However, to date, accountability and redress for racial discrimination and abuses remain to be a blind spot in the business and human rights agenda. Building on the discussions held during the 2021 UN Forum on Business and Human Rights in the session “Confronting racism: using the Guiding Principles on Business and Human Rights to support transformative action”, this session aims to highlight and explore what actions States, businesses, as well as other relevant stakeholders can take to advance accountability in tackling racism and discrimination, and in doing so, catalyze the business and human rights agenda.


Key objectives of the session:
The session aims to:

• Analyze current initiatives in the context of confronting racism in the business and human rights context.
• Identify good practices and challenges in providing accountability in the context of business and human rights when confronting racism.
• Discuss concrete steps and actions that governments, businesses, civil society organizations, and other stakeholders can and should take to implement the UNGPs and provide affected individuals and groups, particularly women and racial, ethnic, and indigenous communities, with effective access to remedy.

Key discussion questions:

• Why is confronting racism central to catalyzing the business and human rights agenda?
• What roles do States, businesses, and civil society organizations play in enhancing accountability and remedy mechanisms to address the root causes of racial discrimination?
• What constitutes a “smart mix” of legal and policy measures which various stakeholders can utilize to ensure accountability for harms caused as a result of racial discrimination?

Background to the discussion:
In the 2021 session on racism at the 2021 Annual Forum on Business and Human, representatives of civil society organizations, academia, the private sector and special procedure mandate holders examined the expectations from business of the UNGPs with regard to meaningful action to prevent and address racism and how the Guiding Principles could be used as a tool for initiatives and processes that could lead to a transformative change that would eradicate racism.

In the session, the need was noted for decision makers to become race-literate, race-competent, race-educated and ultimately race-responsible, in order to achieve a transformative change that would addresses the root causes of systemic racism at all levels of society and institutions.

Speakers discussed key challenges and ways forward for companies to better prevent and address racial discrimination and xenophobia as part of their human rights due diligence and what other stakeholders should do to support this objective. That included accountability and redress of historical injustices, including through reparations. There was a discussion of the need to analyse how discrimination was reflected in unequal access to opportunities, land ownership and business models, which, in turn, contributed to discrimination. It was also noted that affected communities who were disproportionately impacted should be meaningfully involved in the process and empowered, particularly when addressing issues of intersectionality.


Additional background documents or relevant links

• Global extractivism and racial equality : report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance
• Racism as a Human Rights Risk: Reconsidering the Corporate ‘Responsibility to Respect’ Rights
• Reckoning: A Dialogue about Racism, AntiRacists, and Business & Human Rights

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
In 2011, the United Nations Human Rights Council (HRC) unanimously endorsed the UN Guiding Principles on Business and Human Rights (UNGPs). They articulate the obligations of States and the responsibilities of companies to prevent and address adverse human rights impacts of business activities.

While the UNGPs have increasingly become better known by governments, businesses, national human rights institutions (NHRIs), civil society actors, academia and the legal community across the Middle East and North Africa (MENA) region, significant gaps remain to translate the UNGPs into effective protection and remedy frameworks that advance corporate responsibility for human rights and the environment across the region.

The Roadmap for the next decade of business and human rights developed by the Working Group offers the MENA region a framework to further implement the UNGPs from a rights holder’s perspective, and an opportunity for private sector actors to leverage their positions to advance responsible business practices in all economic sectors. The MENA region faces a number of human rights challenges and includes a number of countries with varying economic and social levels. The region is still facing ongoing conflicts in Yemen, and Syria and has experienced diverse levels of economic growth and social change. A number of the counties in the region are heavily reliant on the fossil fuel industry and are currently in the process of grappling with the global pressure of moving from brown to green economies. This change offers the region an opportunity to further implement the UN guiding principles on business and human rights and an opportunity for the private sector to leverage its position to see positive human rights changes. Challenges in relation to inequalities, discrimination, technological advancements, migration, gender, corruption still remain, however there are opportunities for multistakeholder dialogue between States, businesses, civil society organizations and other stakeholders to word together to advance human rights and protect the environment.

This session will explore amongst a spectrum of actors the progress that has been made on the business and human rights agenda and will aim to identify areas that can be further advanced and which protection gaps still remain. The session will also look at the implementation of the UNGPs, in particular, highlighting government action and the development of Business and Human Rights National Action Plans (NAPs).

Key objectives of the session:

• Examine ways in which the UNGPs have been used to strengthen human rights and environmental protection in the MENA region and emerging tangible impacts for rights holders.
• Encourage open and constructive multi-stakeholder dialogue on the challenges involved in protecting and promoting human rights in a business setting in the MENA region;
• Provide an opportunity for States and businesses to discuss ways in which the UNGPs can be translated into clear and comprehensive laws, National Action Plans, policies and programmes;
• Discuss practical steps to advance greater awareness on, and the implementation of the UNGPs across the MENA region and build the capacity of all stakeholders to use the UNGPs as an effective tool for all stakeholders to discharge their respective duties and responsibilities to protect and respect human rights and the environment.

Key discussion questions:

• How can the MENA region harness the potential of its youth to develop sustainable, inclusive and rights-based economic and social framework?
• How can the private sector use its leverage to protect and promote human rights in the MENA region?

Documentary session organised and co-hosted by Protection International and ISHR with the support of  Ville de Genève.



About the movie
In 2021, 200 human rights defenders were killed across the world. Latin America accounts for 75% of these killings. ‘The Illusion of Abundance was made to honour the memory of these environmental land defenders who lost their lives to protect nature,’ affirmed the directors of this documentary film that narrates the story of three women human rights defenders fighting for dignity and justice.
In their film, Erika Gonzalez Ramirez and Matthieu Lietaert introduce us to Berta Cáceres, Carolina de Moura and Maxima Acuña, three women from Latin America defending their communities from transnational corporations - the modern day conquistadors - who aim to reduce their land and livelihood to a pile of profit-feeding raw materials.
The filmmakers wanted to make a road movie that travels today's Latin American landscapes of extractivism. To illustrate the current reality, they decided to focus on the resistance of these women, all showing the consequences of globalisation and what "development" means in their region.
Their quest for corporate accountability brought them to Geneva, where ISHR accompanied them during the negotiations at the United Nations Palais des Nations on the elaboration of an international legally binding treaty that seeks to regulate, in international human rights law, the activities of transnational corporations. 

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Brief description of the session:
The extractive industry consists of a wide range of business enterprises, institutions and peoples involved in the extraction of oil, gas, solid minerals, and rare metals needed to generate energy. Extractive and energy industries therefore have the potential to create both positive and negative impact upon human rights and the lives of communities. The industry can provide significant contributions toward much needed economic growth that in turn can provide the funds required to build infrastructure, provide better social services and meet international targets such as the United Nations Sustainable Development Goals. Similarly, if the world is to transition from brown to green energy, then extractive industries are vital to meet the Paris Agreement and provide the metals and minerals needed to create green technology that moves countries away from brown to green economies. A human rights-based approach in the just transition towards greener, resilient and climate-neutral economies will ensure this process is fair and inclusive.
Despite the potential for positive change, extractive and energy industries also have, and are currently having, a negative impact upon individuals and communities who have seen their human rights and environments adversely impacted from large scale energy projects. These projects can cause great harm, as they can damage ecosystems, which many communities, particularly indigenous and minorities, rely on for their right to food, water and sanitation, health, and cultural rights amongst others. A human rights approach is therefore key to advance a more sustainable path towards responsible business conduct in extractive and energy investments and operations.  For the UNGPs to engender change in the extractive and energy sectors, as envisioned in the Roadmap for the next decade of business and human rights developed by the Working Group, there is a need to focus on how decision-making and planning by stakeholders in the sectorcan be accelerated from a rights holder’s perspective.
 

Key objectives of the session:

• Highlight some of the key human rights issues related to extractives and energy projects globally;
• Encourage open and constructive dialogue on the challenges involved in ensuring responsible business practices in the extractives sector;
• Highlight good practices and provide examples where extractive and energy companies have worked with local communities to ensure human rights are protected and the environmental impact is kept to a minimum; and
• Provide key recommendations for the different actors involved in the extractive and energy industries and further identify ways in which collaborative dialogue can lead to a just, inclusive, and rights-based transition to a zero-carbon economy.

Key discussion questions:

• What key environmental, social, and governance (ESG) challenges remain as extractive and energy industries worldwide seek to operationalize the UNGPs? What has worked and what has not worked to date?
• How can extractive and energy companies work toward the least economic and social disruption to communities and where problems do arise, how can they provide access to effective remedies?
• How can extractive and energy companies work with indigenous and minority communities to ensure that consultation is based upon the Free, Prior, and Informed Consent (FPIC) principles and, especially in relation to land acquisition, and not just a box ticking exercise?

Background to the discussion:
Both the General Assembly and the Human Rights Council have recognized the human right to a clean, healthy and sustainable environment. These resolutions recognize the unsustainable management and use of natural resources result in environmental damage which has negative implications for the effective enjoyment of all human rights. The extractive and energy industries play a key role in ensuring the right to a healthy environment is fulfilled. A rights-based, inclusive and sustainable governance of extractive and mineral resources is needed in order for the industry to contribute to the achievement of the Sustainable Development Goals. Governments, businesses, non-governmental organizations, academia and international institutions are encouraged to promote due diligence best practice along the supply chain, addressing broad-based environmental, human rights, labour and conflict-related risks in mining. The Extractive Industries Transparency Initiative and the United Nations Guiding Principles on Business and Human Rights provide guidance towards better practices that lead towards a human rights-based approach in the extractive and energy industries.
 
Additional background documents (pdf format) or relevant links: 

• A Guide for Governments and Partners to Integrate Environment and Human Rights into the Governance of the Mining Sector: https://www.undp.org/publications/guide-governments-and-partners-integrate-environment-and-human-rights-governance-mining-sector
• Key Messages on renewable energy and the right to development: realizing human rights for sustainable development: https://www.ohchr.org/sites/default/files/2022-05/KMEnergy-EN.pdf
• Key Messages on human rights and hazardous substances: https://www.ohchr.org/sites/default/files/Documents/Issues/ClimateChange/materials/KMHazardousSubstances25febLight.pdf

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights in collaboration with IPRI, IWGIA, Forest Peoples, CAOI, Foro Abaya Yala, IPACC, AIPP and DOCIP.

Version en francais en piece jointe/ Version en espanol en adjunto


Brief Description of the Session

‘I could tell you that, around the world, three people are killed every week while trying to protect their land, their environment, from extractive forces. I could tell you that this has been going on for decades, with the numbers killed in recent years hitting over 200 each year […] Each killed defending not only their own treasured places, but the health of the planet which we all share. […] It's important to picture these victims as the real people they are.’
- Dr Vandana Shiva (quoted in Decade of Defiance, 2022)

According to Global Witness, among the 200 defenders killed in 2021 for peacefully defending their lands and the natural environment from large-scale industrial development, more than 40% were Indigenous leaders and activists. Similarly, back in 2020, Front Line Defenders reported at least 331 killings of human rights defenders (HRDs) in 32 countries and territories, which marked an 18 percent increase from the previous year, along with 19 enforced disappearances in 14 countries and territories. Of these 331 defenders killed, approximately 30% were Indigenous activists. Developed in consultation with Indigenous groups and organizations, this session will spotlight the ongoing attacks, criminalization, and widespread persecution faced by Indigenous defenders involved in opposing and raising awareness about business-related human rights abuses. Crucially, Indigenous representatives—alongside State and business speakers—will discuss the way forward: that is, what needs to change and the ways in which meaningful change can happen to protect Indigenous voices and duly acknowledge their collective contribution to advancing the UN Guiding Principles on Business and Human Rights (UNGPs), as well as the business and human rights movement.

Key Objectives of the Session:
This session aims to:

• Highlight the challenges faced by Indigenous peoples when defending their rights against business-related abuses;
• Share emerging good practices for preventing and eradicating the attacks, criminalization, and other threats faced by Indigenous peoples in the context of business activities;
• Identify opportunities for cooperation among Indigenous human rights defenders, States, and businesses to facilitate the adoption and implementation of the UNGPs.

Key Discussion Questions:

• What are the key trends and patterns with regard to attacks, criminalization, and other forms of persecution against Indigenous peoples in the context of business activities? And to what extent does this vary from sector-to-sector and/or country-to-country?Brief Description of the Session: 
•  What measures have States taken to address this situation, including through policies, laws and regulations, and dispute resolution mechanisms?
• What measures have businesses taken to respect Indigenous peoples’ rights, including through policies, due diligence processes, and remediation?
• How can the Guiding Principles and their implementation in practice be more sensitised to the lived experiences of Indigenous peoples?
• How can States and businesses work more collaboratively with Indigenous peoples to uphold the spirit of the UNGPs?

Additional Background or Relevant Links:

•  IWIAG and IPRI, The UN Guiding Principles on Business & Human Rights and Indigenous Peoples – Progress achieved, the implementation gap and challenges for the next Decade 
• UNWG, Report of the UN Working Group on Business and Human Rights on Addressing the human rights impacts of agro-industrial operations on indigenous and local communities: State duties and responsibilities of business enterprises
• UNWG, Guidance of the UN Working Group on Business and Human Rights on ensuring respect for human rights defenders
• Special Rapporteur on Indigenous Peoples, Report of the Special Rapporteur on Indigenous Peoples on attacks against and criminalization of indigenous peoples defending their rights
•  Global Witness, Decade of Defiance (2022)
• Front Line Defenders, Global Analysis 2020
• Danish Institute of Human Rights, Respecting the rights of indigenous peoples: Respecting the rights of indigenous peoples: a due diligence checklist for companies

(Version française ci-jointe)
(Versión en español adjunta)

Interpretation available in English, French and Spanish

Session organized by the UN Working Group on business and human rights

Version en francais en piece jointe/ Version en espanol en adjunto 

Brief description of the session:
The corporate responsibility to respect human rights entails that when businesses participate in, and attempt to influence political, regulatory and judicial processes, they should conduct this participation transparently, responsibly and in a rights-respecting manner. In turn, where States permit corporate political engagement, they have an obligation to ensure that engagement is adequately regulated to avoid impairing the State’s ability to safeguard against resulting human rights harms. It has been documented in every corner of the world that business engagement with political and judicial processes have led to or enabled business-related human rights abuses. This phenomena has been studied by the UN Working Group on business and human rights, in its recent report on Corporate influence in the political and regulatory sphere: ensuring business practice in line with the Guiding Principles on Business and Human Rights that sheds light on some prominent patterns of corporate political engagement and their implications on human rights, formulating recommendations to respond to identified challenges. .
The session will feature existing challenges and current endeavors to ensure responsible corporate engagement in policy and judicial processes from different stakeholders perspective and discuss innovative ideas , practices and solutions to prevent “corporate capture” and its impact on rights holders.
Key objectives of the session:
The session aims to:

• Highlight how corporate engagement in policy, regulatory and judicial processes can negatively affect human rights  rights-holders and the planet. 
• Discuss emerging measures and practices companies and States  implement  to ensure that corporate political engagement does not lead to human rights harms 
• Exchange practice of  regulatory mechanisms or frameworks that seek to regulate private sector lobbying and avoid corporate capture. 

Key discussion questions :

• What are the main patterns of  corporate engagement in policy and judicial processes that lead to or enable  human rights abuses?
• How can rights holders have access to remedy in case of human rights abuses due to irresponsible corporate engagement into policy and judicial processes. 
• How UNGPs can guide States to regulate corporate political engagement ?
• How can transparency and anti-corruption policies and regulations contribute to avoiding corporate capture?
• How does corporate human rights due diligence help prevent  potential impacts on human rights of corporate political engagement?

Additional background documents or relevant links

• Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, Corporate influence in the political and regulatory sphere: Ensuring business practice in line with the Guiding Principles on Business and Human Rights
• "Ensuring business respect for human rights in the political and regulatory sphere and preventing "corporate capture"-10th Annual Forum on Business and Human Rights 
• Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises “Connecting the business and human rights and the anticorruption agendas” 
• OECD/PRI (2022), Regulating Corporate Political Engagement: Trends, Challenges and the Role for Investors
• OECD (2021), Lobbying in the 21th st Century: Transparency, Integrity and Access