The UN Forum for Business and Human Rights will take place this year at the Palais de Justice in Geneva 25-27 November 2019. The theme this year is "Time to act: Governments as catalysts for business respect for human rights." The Programme outline now available (tentative schedule only).
The UN Working Group on Business and Human Rights has organized a session that may be of interest to some readers. The Session, Building sustainable infrastructure: Lessons from the Belt and Road Initiative and other similar multi-state initiatives, will be chaired by Surya Deva, a Member, UN Working Group on Business and Human Rights. Session participants include Mohamed Athman (Save Lamu); Larry Catá Backer (Penn State University); Flora Sapio (Università degli Studi di Napoli “L'Orientale”); and Wawa Wang (Sustainable Energy). The Session will take place Tuesday, November 26 • 16:40 - 18:00. We hope to see many of you there.
The Session Concept Note follows below and may be accessed HERE. More information about the 2019 theme and the Forum also follows below.
Interpretation provided in English, French and Spanish
Session organized by the UN Working Group on Business and Human Rights
Session organized by the UN Working Group on Business and Human Rights
Background
Developing “quality, reliable, sustainable and resilient infrastructure … to support economic development and human well-being” is an integral component of the Sustainable Development Goals (SDGs). Building such an infrastructure requires trillion of dollars of public and private investment. However, as highlighted in a recent report co-published by OHCHR and the Heinrich Böll Foundation (The Other Infrastructure Gap: Sustainability: Human Rights and Environmental Dimensions), integrating human rights and environmental dimensions of sustainability into infrastructure projects could not only avoid social conflicts and costly delays, but also result in developing more humane, inclusive and sustainable infrastructure.
A number of actors are involved in the design, construction, finance and operation of multi-state mega infrastructure projects, e.g., governments, State-owned enterprises, multilateral development banks, public-private partnerships, financial institutions, and institutional investors.
The UN Guiding Principles on Business and Human Rights (UNGPs), which apply to all sectors, outline the duty of both home and host States to protect against business-related adverse human rights impacts. They also clarify the responsibility of all business enterprises to respect human rights throughout their operations, including by conducting human rights due diligence and by establishing effective operational-level grievance mechanisms. Pillar III of the UNGPs stresses the importance of access to remedy by a range of judicial and non-judicial mechanisms for people who are adversely affected by business activities.
Effective implementation of the UNGPs in the context of the infrastructure development underway across all regions has the potential to make a significant positive contribution to the realization of the SDGs. Conversely, if adverse human rights impacts are not adequately managed and addressed, such projects can potentially undermine enjoyment of human rights and the SDGs. The UNGPs provide a robust framework for both host and home States as well as all involved businesses enterprises to manage these concerns in consultation with affected stakeholders.
Infrastructure development is a key component of the Belt and Road Initiative (BRI). Other similar multi-state mega infrastructure development initiatives are emerging. The recently announced Blue Dot Network is a case in point. The session aims to explore lessons from – and for – these multi-state mega infrastructure development initiatives, and to identify what implementing the UNGPs would imply in practical terms for infrastructure projects under these initiatives.
The importance of the UNGPs and other relevant international standards in the context of infrastructure development has already been recognized. For example, in the 3rd cycle of the Universal Periodic Review, the Chinese government accepted Ecuador’s recommendation to “Promote measures that ensure that development and infrastructure projects inside and outside of its territory are fully consistent with human rights and respect the environment and natural resource sustainability, in line with national and international law and with the commitments from the 2030 Agenda for Sustainable Development.” The 2019 G20 Principles for Promoting Quality Infrastructure Investment stress the need to integrate environmental considerations in infrastructure investments (Principle 3) and respect human rights in design, delivery, and management of infrastructure (Principle 5.2).
The Joint Communique of the Leaders issued at the second Belt and Road Forum for International Cooperation (April 2019) also refers to the Green Investment Principles for Belt and Road. Financial institutions and corporations supporting the Green Investment Principles pledge to embed sustainability in corporate governance, incorporate environmental, social and governance risk factors into their decision-making processes, conduct in-depth environmental and social due diligence, improve communication with stakeholders including affected communities and civil society organizations, and set up conflict resolution mechanism to resolve disputes with communities.
Against this background, the session will consider how home and host States, businesses enterprises and investors could use the UNGPs and other relevant standards to integrate human rights and environmental dimensions of sustainability to prevent, mitigate and remediate risks in designing, constructing, financing and operating the BRI or other similar multi-state mega infrastructure development initiatives.
Objectives
The session aims to:
- discuss the role of sustainable infrastructure in realising the SDGs;
- understand better the potential adverse impacts of multi-state mega infrastructure projects on individuals and communities;
- discuss the role of States and financial institutions involved in the BRI and other similar multi-state mega infrastructure development initiatives to promote responsible businesses conduct on the part of business enterprises to achieve inclusive, sustainable development; and
- underline the importance of conducting human rights due diligence and establishing operational-level grievance mechanisms in line with the UNGPs to mitigate, prevent and remedy adverse impacts on individuals and communities.
Format
The session will involve a moderated discussion with panellists with adequate time for questions and comments from the floor. The panellists will respond to specific questions posed by the moderator. The questions will relate to the role of infrastructure projects (part of the BRI or other similar initiatives) in promoting the SDGs, potential adverse human rights impacts of mega infrastructure projects, and the relevance of the UNGPs (especially human rights due diligence) and the Green Investment Principles in promoting responsible business conduct in relation to such infrastructure projects.
Panellists may draw on selected case studies to draw lessons about opportunities, challenges and potential solutions concerning multi-state mega infrastructure projects. All panellists and participants are expected to participate in discussion in a constructive and solution-oriented spirit.
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About the Forum
The UN annual Forum on Business and Human Rights is the global platform for stock-taking and lesson-sharing on efforts to move the UN Guiding Principles on Business and Human Rights from paper to practice. As the world’s foremost gathering in this area, it provides a unique space for dialogue between governments, business, civil society, affected groups and international organizations on trends, challenges and good practices in preventing and addressing business-related human rights impacts. The first Forum was held in 2012. It attracts more than 2,000 experts, practitioners and leaders for three days of an action- and solution-oriented dialogue.
The Forum was established by the UN Human Rights Council in 2011 “to discuss trends and challenges in the implementation of the Guiding Principles and promote dialogue and cooperation on issues linked to business and human rights, including challenges faced in particular sectors, operational environments or in relation to specific rights or groups, as well as identifying good practices” (resolution 17/4, paragraph 12).
The Forum addresses all three pillars of the Guiding Principles:
- The State duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation and adjudication;
- The corporate responsibility to respect human rights, which means to avoid infringing on the rights of others and to address adverse impacts with which a business is involved; and
- The need for access to effective remedy for rights-holders when abuse has occurred, through both judicial and non-judicial grievance mechanisms.
The Forum is guided and chaired by the UN Working Group on Business and Human Rights and organized by its Secretariat at the Office of the UN High Commissioner for Human Rights (OHCHR).
2019 theme: background
Time to act: Governments as catalysts for business respect for human rights
A key message from the 2018 UN Forum on Business and Human Rights was that governments must step up their action and leadership. Currently, they are not doing enough to meet their duty to protect against business-related human rights abuse. While important legal developments are evolving in some jurisdictions, and the number of countries developing national action plans on business and human rights continues to grow, the effectiveness of current efforts and the lack of wider action are being called into question.
The lack of government leadership, reflected in governance gaps and a lack of policy coherence at all levels – national, regional and global – remains a fundamental challenge to ensuring that the human rights and dignity of all are upheld in the context of business activities. These gaps have been a recurrent theme at all Forums since the first edition in 2012, and a key reason for the development of the UN Guiding Principles on Business and Human Rights, which provide the main reference for Forum discussions.
At the Forum, civil society organizations, affected stakeholders and business alike have called on States to step up action, through strengthened regulation, improved policy coherence, and through leading by example in the various roles States have as economic actors.
The 2019 Forum will focus on the need for all governments to demonstrate progress, commitments and plans in implementing the State duty to protect and strengthening accountability. As the Guiding Principles clarify, ensuring access to effective remedy is also a part of the State duty to protect against business-related human rights abuse, and discussions on government action need to address the full spectrum of measures from prevention to remediation.
The Forum agenda will look at what governments need to do to foster business respect for human rights, including by getting their own house in order and by setting clear expectations and creating incentives for responsible business conduct. In doing so, the agenda will consider the Guiding Principles’ call for “a smart mix of measures – national and international, mandatory and voluntary – to foster business respect for human rights” and what this can mean in practice.
Contribute to informing the 2019 Forum discussions: Submit information on government implementation of the UN Guiding Principles
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