And the View From the Other Side of the Human Rights Fence--Conference; Business and Human Rights: From National Practice to International Binding Standards

 

PIX Margarito d'Arezzo The Virgin and Child Enthroned with narrative scenes (1263)

I have just considered the rise of an increasingly more sophisticated  theory of Chinese Socialist Human Rights, now built  into the more comprehensive effort by Chinese Marxist-Leninist theorists, and the Chinese vanguard, to put forward a very different conceptual basis for the project of internationalism within the apparatus of the institutions of international law and norm making (The Rise of Socialist Human Rights--Larry Cata Backer Remarks: "Brief Reflections on the Building of a Theory and Practice of Community with a Shared Future for Mankind and Global Human Rights Governance " [建立具有人类共同未来的社区理论和实践以及全球人权治理的简要思考] (English and Chines Versions)).

At the same time, self styled leading elements within the orbit of liberal democratic theory have also been busy seeking to manage, and perhaps divert into new and potentially interesting directions, the locus and forms of international law and norm making.  These are being constructed on ways that ghost oppositional elements. And they are undertaken in a world in which the ideological drivers of developing states and of Marxist Leninist states are marginalized--to the extent they are conceded any legitimating space at all. 

This is politics, of course.  And fair in the now heated contest for control of ideological and meaning making narratives within Marxist-Leninist, development, and liberal democratic factions.

Pix Paolo Veronese, Scorn c 1575

And so it is that even as the Chinese host a side event at the 51st Human Rights Council,  leading elements of the liberal democratic camp announced a parallel event--with an equally competing vision. Hosted by Carlos López for the influential International Commission of Jurists (Geneva) and Ira Gibson for the Geneva office of Friedrich-Ebert-Stiftung (FES), the Conference--Business and Human Rights: From National Practice to International Binding Standards will be held 12 October 2022 in hybrid form but originating in Geneva. Like its Chinese counterpart, it is meant to develop and privilege a specific way of imposing meaning on the project of human rights and internationalism.  In the case of the ICJ-FES event, one that advances the sensibilities and principles of liberal democracy as it has been manifested in what Mr. Biden has called euphemistically a "rules based international order" grounded in a specific way of understanding the content and application of human rights. In this case that embeds these groups--and that Conference--deeply in the current debate within liberal democratic elements about the form, content, and utility of centering the production of traditional international law instruments as the driving force (public, rigid and subject to the vagaries of international law transposed within domestic legal orders) for the continued development of human rights as applied, in this case, to economic activity. 

In their words, 

Since 2014 a UN Intergovernmental Working Group is discussing a draft legally binding instrument to regulate business activities under human rights law. The next session at the end of October 2022 should consider drafting proposals. At the ILO, since 2016 there have been important discussions about the pertinence and need of normative action by the organization in particular in relation to decent work in businesses’ global supply chain. These developments have engendered a growing interest among the most industrialized economies for global binding standards in this field. A recent meeting of labour ministries of the G7 made a call for joint work towards those global standards. In this context, this conference organized by ICJ and FES will bring together national and international leaders and practitioners to share the developments and evidence from national practice and discuss ways in which international binding standards can draw from that practice and provide a key impetus for the effective development and operation of other national initiatives across the globe.

A worthy effort, no doubt, but one the current form and process toward which I have been highly critical (see HERE including links). 

Still debate--assuming there is debate (and the conference suggests the amplification of a particular partisan and orthodox view) is always useful for refining and advancing ideas within collective society. To that end I pass along the conference information, including Program, concept note, and registration links.

BUSINESS AND HUMAN RIGHTS: FROM NATIONAL PRACTICE TO INTERNATIONAL BINDING STANDARDS Wednesday, 12 October 2022 , 1:30 pm-6:30 pm CEST In Geneva, Switzerland & Online

INVITATION    States bear the primary responsibility for the protection of human rights also in the context of business enterprises’. In application of those obligations, several countries have stepped up their regulatory activity, including legislation, to require from business enterprises behaviour that is human rights, socially and environmentally responsible. This growing activity is compounded by increasing awareness among the public on the need and urgency to act in this domain. Some of the State legislation establish obligations of disclosure, while others establish reporting obligations on non-financial matters. More recently, some States have adopted legislation establishing requirements to business enterprises to carry out human rights due diligence processes and provide for remedial action in that context. Currently, the European Union and countries outside Europe are considering such laws. However, it is becoming clearer that national or regional initiatives need corresponding international legal and policy frameworks to be fully effective. Since 2014 a UN Intergovernmental Working Group is discussing a draft legally binding instrument to regulate business activities under human rights law. The next session at the end of October 2022 should consider drafting proposals. At the ILO, since 2016 there have been important discussions about the pertinence and need of normative action by the organization in particular in relation to decent work in businesses’ global supply chain. These developments have engendered a growing interest among the most industrialized economies for global binding standards in this field. A recent meeting of labour ministries of the G7 made a call for joint work towards those global standards.   In this context, this conference organized by ICJ and FES will bring together national and international leaders and practitioners to share the developments and evidence from national practice and discuss ways in which international binding standards can draw from that practice and provide a key impetus for the effective development and operation of other national initiatives across the globe.   PROVISIONAL PROGRAM 13:30 – 13:45 Welcome                             Hajo Lanz, Director, Friedrich-Ebert-Stiftung, Geneva Office Sam Zarifi, Secretary General, International Commission of Jurists 13:45 - 14:00 Keynote Speech Anousheh Karvar, Representative of France to the International Labour Organization (ILO) 14:00 – 14:55 Panel 1: National developments François Gave, Special representative for Corporate Social Responsibility and Social Dimension of Globalisation, Ministry of Europe and Foreign Affairs, France Carsten Stender, Director-General, European and International Employment and Social Policy, Federal Ministry of Labour and Social Affairs, Germany Nareeluc Pairchaiyapoom, Director of International Human Rights Division, Department of Rights and Liberties Protection, Ministry of Justice, Thailand Comments and discussion 14:55 – 15:10 Break 15:10 - 16:05 Panel 2: Development of Regional Initiatives Bernd Lange, Member of the European Parliament African Commission on Human Rights, tbc Soledad García Muñoz, Special rapporteur on Economic, Social and Cultural Right, and Environment, Inter-American Commission on Human Rights Comments and discussion 16:05 – 17:00 Panel 3: Access to Remedies and reparations in global supply chains Miriam Saage-Maaß, Vice Legal Director at the European Centre for Constitutional and Human Rights (ECCHR), Germany Richard Meeran, Head of the International department, Leigh & Day, United Kingdom Thales Coelho, Federal Prosecutor, Head of the BHR WG at Brazilian Federal Prosecution Service, Brazil 17:00 - 17:15 Break 17:15 - 18:10 Panel 4: The building of an international instrument Sharan Burrow, General Secretary, International Trade Union Confederation (ITUC) Matthias Thorns, Deputy Secretary-General, International Organization of Employers (IOE) State representative, tbc Comments and discussion 18:10 - 18:30 Concluding remarks Fernanda Hopenhaym, Chair of the UN Working Group on Business and Human Rights 18:30 – 19:00 Reception   Event Details: Format: Hybrid. In person at Varembé Conference Centre (CCV), Rue de Varembé 9, 1202 Genève & online via Zoom. Seats for in person participation are limited and will be assigned on a first come first served basis. Please register accordingly.   Conference language:  English with simultaneous interpretation in French. You can find this inviation and the provisional program as PDF here.   We welcome your participation. Please register by October 9, 2022 for your participation in person or online by clicking on the button below.   Register