Since the endorsement of the UN Guiding Principles for Business and Human Rights in 2011 (A/HRC/RES/17/4), the Human Rights Council has attached to that project two related things. The first was the creation of the Working Group for Business and Human Rights to serve as a sort of publicly managed vanguard of sorts for shaping the narrative and objectives of the UNGP project going forward. The second was to establish an annual Forum on Business and Human Rights " 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" (A/HRC/RES/17/4, ¶12). The Forum has proven to be an excellent space where the masses might be brought together to both be guided by the vanguard leadership of the Working Group and to engage in an international sort of "Mass Line" effort at consultation (a sort of once a year formalized feedback loop), and participation in the UNGP project. None of this is bad or good; but it is a reminder that the project of business and human rights--at least in the construction and control of an orthodox narrative, now built around the text of the UNGP, remains very much a top down project.
Over the course of the last decade and more the Forum itsef has changed. In the spirit of vanguardism and for the more efficient guidance of the UNGP project in directions that suit those in the vanguard of human rights social forces, the Forum now serves two additional purposes. One is to spotlight those who have been selected for participation A legitimacy and influence leveraging objective). The business and human rights community reads participation the way that Soviet watchers used to read the pictures of who was "in" and "out" in politburo politics. The other is to clarify specific narrative positions (as they are modified) and to underline the principal themes that are to be carried forward between one Forum and the next. This corresponds to the way that any orthodoxy controls the connection between the current exposition of its ideological line and its translation into policy and operational objectives to move selected initiatives forward. The pandemic has also opened the door to a relational change in Forum culture--permitting an expansion of a larger group of more passive (and receptive) participants via the technologies of hybrid attendance.
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The Forum, then, remains the "most attend" event of the year for those committed to advancing regulatory and market approaches to managing the human rights and sustainability impacts of economic activity. It is also a "must attend" event for those who can extract from the proceedings those issues and trajectories against which an effective opposition can be mounted. Lots for all tastes, then.
For all these reasons, I would recommend attendance at the 2023 Forum for anyone with an interest in the project of business and human rights, whether tied to the original UNGP project, or for insights about where that project may be heading under the guidance of its formally constituted vanguard. To that end I am happy to pass along notice recently made available by the Working Group respecting both the preliminary Program and registration information for the Forum.
Conference Information (in English, Spanish and French) along with the 2023 Forum Concept Note follows. The 2023 Forum website may be accessed HERE.
(Abajo versión en español)
(Ci-dessous version française)
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Concept Note
12th United Nations Forum on Business and Human Rights
27 - 29 November 2023
Towards Effective Change in Implementing Obligations,
Responsibilities and Remedies
Overview
Since its first session in 2012, the annual UN Forum on Business and Human Rights has
brought together thousands of participants from governments, international
organizations, business, civil society, trade unions, communities, lawyers, and academia
from around the world. Centred on the UN Guiding Principles on Business and Human
Rights (UNGPs) – the authoritative global framework for States and businesses in relation
to preventing the adverse impacts on human rights arising from business activities – the
Forum provides a unique multi-stakeholder platform for discussing key trends and
challenges in implementing and advancing the UNGPs.
Established by the UN Human Rights Council, the Forum is guided and chaired by the
UN Working Group on Business and Human Rights. It is organized by the Office of the UN
High Commissioner for Human Rights (OHCHR).
Focus of 2023 Forum
After more than 12 years of normative development that has established business and
human rights standards in line with the UNGPs, this Forum will reflect on the actual
changes that have occurred in the implementation of these standards. These include
the actions that States have taken to incorporate these standards through regulation
and policies, the extent to which businesses have applied these standards in their
practices throughout their operations, and whether judicial and non-judicial remedies
in this area are more available and accessible to those negatively impacted by
business-related human rights abuses.
In considering these changes, the key questions which are likely to be considered at
the Forum include:
• What are the drivers for, and obstacles to, effecting positive change?
• How can progress be measured?
• To what extent are there observable changes at the regional and sub-regional
levels, and what are the remaining challenges at the different levels of
implementation (e.g., local and national)?
• What, if any, are the impacts of these changes on the lived experiences of those
affected by business activities?
• How can the ambitions of States and businesses be raised to make real change?
• What good practices can be found in the actions of States, businesses, and other
stakeholders?
• What judicial and non-judicial approaches have been implemented and what
are their outcomes?
• What are effective multi-stakeholder approaches for advancing the business
and human rights agenda?
This Forum provides an opportunity to reflect critically on the changes which have been
made since the UNGPs were adopted, with a particular focus on sharing examples and
stories of positive change. Participants will consider whether and to what extent these
changes have proved effective, especially for rights-holders, and what still needs to be
achieved.
The Forum will also provide an opportunity to address various issues in focus. These may
include “standing items” for the Forum agenda, such as:
• Regional focused sessions
• Human rights defenders, civic freedoms and the role of business
• Gender, business and human rights
• Indigenous Peoples rights and impacts of business activities
Discussions may also include emerging or systemic issues that confront the business and
human rights agenda.
A tentative Forum programme is expected in July 2023.
The full agenda will be posted on the Forum web page by the end of September 2023.
Participating in the Forum
This Forum will return to having an open call for session proposals and side events.
However, as renovations to the United Nations buildings in Geneva are ongoing, it is still
unclear at this stage as to how many sessions will be possible and whether the format
will be in-person only or hybrid.
Proposals for sessions are very welcome. These must include:
o An outline of the proposed topic, focus and key objectives – limited to 250 words;
o Proposed speakers, with a maximum of 5 speakers plus a moderator
o Please indicate name, organization, and envisaged contribution
o Emphasis will be given to identifying skilled moderators/facilitators with
expertise in the topics on the Forum agenda
o Proposed speakers must reflect diversity of gender, background and
region
o The organisers of the proposal – only one proposal per organization will be
considered
All proposals must be submitted to the Forum organisers by 21 April.
These proposals will be considered by the Working Group at their meeting in the first
week of May 2023. Successful proposals will be informed in June 2023.
Please be aware of the following:
• Given the growth in the number of submissions since 2012 and the limited
capacity due to ongoing building renovations, it will not be possible to
accommodate all proposals.
• The UN has a very limited budget for the Forum, including for travel of
participants. For the small number of UN-sponsored participants, priority is given
to stakeholders from the Global South.
• There is no space this year for accommodating externally organized “side event”
requests. Those wishing to organize “side events” in Geneva before or after the
Forum are encouraged to explore options outside of the UN premises and to
keep the Forum organizers informed via ohchr-forumbhr@un.org.
Information about the agenda, registration process and virtual participation will be
posted on the Forum’s dedicated webpage in due course. Stay also posted on updates
by following us on Twitter: @WGBizHR
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