Latin america dialogue final program

Bogotรก, Colombia Hotel Grand House 17-18 March 2014

Latin America Dialogue on National Implementation of Business and Human Rights Frameworks INITIATED BY THE NATIONAL ACTION PLANS (NAPS) PROJECT OF THE INTERNATIONAL CORPORATE ACCOUNTABILITY ROUNDTABLE (ICAR) AND THE DANISH INSTITUTE FOR HUMAN RIGHTS (DIHR)

WITH SUPPORT FROM

Objectives of the Dialogue 1. Examine business and human rights (BHR) frameworks at the international, regional, and national levels; 2. Provide a platform for stakeholders in the Latin American region to share experiences on national and regional efforts to implement BHR frameworks to date; 3. Discuss best practices and major challenges in addressing key BHR issues within the Latin American region; 4. Discuss the concept of National Action Plans (NAPs) on business and human rights with regional stakeholders; 5. Share developments on NAPs globally and in regions outside Latin America with regional stakeholders; 6. Outline different approaches to developing NAPs and baseline studies, including desk-based and community-driven approaches; 7. Facilitate discussion with regional stakeholders regarding how relevant and valuable NAPs may be for the Latin American context; 8. Seek regional stakeholders’ views on how NAPs may be integrated into Latin American regional human rights processes and dialogues, as well as wider governance processes; 9. Seek views on what measures may be taken to support all actors in the region as they work for the development of NAPs, baseline studies, and other strategies for national implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) and other BHR frameworks; 10. Provide a launch pad for collaboration on national and regional efforts to implement the UNGPs and other BHR frameworks across the Latin American region.

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Participants Country Governments 1 Argentina 2 Chile 3 Colombia

Name

Affiliation

To be confirmed To be confirmed Marco Aguayo Chilean Embassy in Colombia Alma Bibiana Pérez Director, Presidential Program for Human Rights and International Humanitarian Rights 4 Colombia Katherine Herrera Deputy Director, Presidential Program for Human Rights and International Humanitarian Rights 5 Colombia Alma Viviana Pérez Director, Human Rights and IHL Program 6 Colombia Diana Prado Advisor, Human Rights and IHL Program 7 Colombia Alexander Riaño Advisor, Human Rights and IHL Program 8 Colombia Nicolas Durán Advisor, Human Rights and IHL Program 9 Colombia Tatiana Parra Office of the High Presidential Advisor for Public Safety 10 Colombia Ricardo Arias Office of the Vice-president 11 Ecuador Ricardo Chávez Embassy of Ecuador in Colombia Salazar 12 Mexico To be confirmed To be confirmed 13 Nicaragua To be confirmed To be confirmed 14 Peru To be confirmed To be confirmed 15 Spain Isabel Albaladejo Technical Cooperation Office in Colombia, Spanish Agency for International Development Cooperation (AECID) 16 Spain Carmelo Angulo Foreign Affairs Ministry 17 Switzerland Philipp First Secretary, Head of the Human Security Lustenberger Programme, Swiss Embassy in Colombia Civil Society / NGOs / Indigenous Organizations / Academia 18 International Sara Blackwell International Corporate Accountability Roundtable (ICAR) 19 International Amol Mehra International Corporate Accountability Roundtable (ICAR) 20 Regional Dominic Renfrey ESCR-Net 21 Regional Katya Salazar Due Process of Law Foundation (DPLF) 22 Bolivia Juan Carlos Núñez Fundación Jubileo 23 Brazil Alexandra Justicia Global Montgomery 24 Colombia César Rodríguez Dejusticia Garavito 25 Colombia Tatiana Andia Dejusticia 26 Colombia Diego Grueso Afrodes 27 Colombia To be confirmed Organización Nacional Indígena de Colombia (ONIC) 28 Colombia Israel Biel Centro de Estudios Interculturales CEI, Universidad Javeriana Cali 29 Colombia To be confirmed CAJAR 30 Colombia To be confirmed CINEP 31 Ecuador Mario Melo Coordinador del Centro de Derechos Humanos de la PUCE 32 Ecuador Dario Jaramillo Pueblo de Wuito 33 Peru David Velazco FEDEPAZ 34 Peru Juan Carlos Ruiz IDL

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35 Peru / Regional Rodolfo Bejarano 36 Peru / Regional Luis Vittor 37 Peru Walter Vargas Business / Investment Community 38 Multinational / developed in Adriana Pedraza LATAM 39 Multinational / developed in Sandra Hernández LATAM 40 Multinational (Swiss) / Albert Tibavizco developed in LATAM 41 Multinational (ItalianAndres Esteban Colombian) / developed in Chaves Saenz LATAM 42 Regional Diana Chávez 43 Regional Andrea Lawson 44 Colombia (Public company) Gladys Esther Lopez Ramírez 45 Colombia (Business Diana Catalina association) Arciniegas National Human Rights Institutions (NHRIs) 46 Bolivia To be confirmed 47 Chile To be confirmed 48 Colombia Carlos Lozano 49 Denmark Cathrine PoulsenHansen 50 Denmark Paloma Munoz 51 Germany Christopher Schuller 52 Germany Deniz Utlu 53 Paraguay To be confirmed 54 Venezuela To be confirmed Other 55 International Alexandra Guáqueta 56 International Alessandro Preti 57 International Ana María Ospina 58 International Juliana Márquez 59 Regional Carmen Moreno 60 Regional Marcelo Ber 61 Regional Amanda Romero 62 Regional Marta Mauras 63 Spain 64 Switzerland

Vidal Martín Audrey OlivierMuralt

Latindadd CAOI Aprodeh EMGESA - ENDESA HOLCIM ABB EMGESA - ENDESA

Global Compact Regional Centre Alinae S.A.S. (on behalf of BSR) Empresa Pública de Medellín EPM Asociación Nacional de Empresarios de Colombia (ANDI) To be confirmed To be confirmed Defensoría del Pueblo Danish Institute for Human Rights Danish Institute for Human Rights German Institute for Human Rights German Institute for Human Rights To be confirmed To be confirmed Member of the UN Working Group on Business and Human Rights UNDP – Colombia Global Compact Colombia Global Compact Colombia ILO Director for the Andean Region UNICEF BHRRC UNICEF Senior Consultant and former Vice-President, Committee on the Rights of the Child Sustentia Innovación Social DCAF

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Agenda DAY 1: MONDAY, 17 MARCH 2014 Day 1 of the Latin America Dialogue on National Implementation of Business and Human Rights Frameworks will use the “roundtable” model for each of the substantive sessions included in the proposed agenda for Day 1 below. Under this model, a number of preselected “lead discussants” will begin each session with short presentations, followed by an open platform for questions and comments from the Dialogue group as a whole.

8:00 AM – 9:00 AM 

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Welcome & Introduction of Participants (35 minutes) o Alma Bibiana Pérez, Director, Presidential Program for Human Rights and International Humanitarian Rights, Government of Colombia (15 minutes) o Alexandra Guáqueta, Member of the UN Working Group on Business and Human Rights (15 minutes) o Isabel Albaladejo, Technical Cooperation Office in Colombia, Spanish Agency for International Development Cooperation (AECID), Government of Spain (5 minutes) Introduction to the ICAR-DIHR National Action Plans (NAPs) Project (15 minutes) o Amol Mehra, International Corporate Accountability Roundtable (ICAR) Presentation of Day 1 Objectives and Agenda (10 minutes) o Sara Blackwell, International Corporate Accountability Roundtable (ICAR)

9:00 AM – 10:30 AM 

The Landscape of Business and Human Rights at the International Level: Global Frameworks and Implementation Developments o Overview of key international frameworks and standards, including multistakeholder initiatives (10 minutes)  César Rodríguez Garavito, Dejusticia o Presentations on implementation of international frameworks by representatives from governments outside of Latin America (30 minutes)  Carmelo Angulo, Foreign Affairs Ministry, Government of Spain (15 minutes)  Philipp Lustenberger, First Secretary, Head of the Human Security Programme, Swiss Embassy in Colombia (15 minutes)

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o Presentation on implementation of international frameworks by nongovernmental stakeholders based outside of Latin America (10 minutes)  Vidal Martín, Sustentia Innovación Social o Open dialogue (40 minutes)  Facilitation to be confirmed 10:30 AM – 11:00 AM 

Tea / Coffee Break

11:00 AM – 12:30 PM 

The Landscape of Business and Human Rights at the Regional Level: Key Business and Human Rights Issues, Frameworks, and Implementation Developments in Latin America o Presentations on issues related to indigenous rights (20 minutes)  Luis Vittor, CAOI  Carmen Moreno, ILO Director for the Andean Region o Presentation on issues related to extractives (15 minutes)  Juan Carlos Núñez, Fundación Jubileo o Overview of key regional frameworks and standards, including multistakeholder initiatives (10 minutes)  Diana Chávez, Global Compact Regional Centre o Open dialogue (45 minutes)  Facilitation by Vidal Martín, Sustentia Innovación Social

12:30 PM – 2:00 PM 

Lunch Break

2:00 PM – 3:15 PM 

Existing Initiatives to Regulate the Private Security Industry: Challenges and Opportunities for Engagement Presentation (30 minutes) and facilitation of open dialogue (45 minutes) by Audrey Olivier-Muralt, Geneva Centre for the Democratic Control of Armed Forces (DCAF), and Philipp Lustenberger, First Secretary, Head of the Human Security Programme, Swiss Embassy in Colombia o Objectives:  Raising awareness on the existing initiatives related to regulation of public / private security – including the Voluntary Principles on 5

Security and Human Rights (VPs), the International Code of Conduct for Private Security Service Providers (ICoC), and the Montreux Document on Private Military and Security Companies (MD) – and their synergies  Identify main issues of interest / concerns in relation to privatization of security in Latin America  Encourage greater engagement and participation in the existing initiatives  Identify needs in relation to implementation of the ICoC and the VPs  Identify interested stakeholders for further engagement / potential expertise to rely on o Issues Covered:  VPs and ICoC as multi-stakeholder initiatives (MSIs) – challenges and benefits from an MSI perspective / how does the ICoC fit into a national legal framework and National Action Plan on business and human rights  Synergies between the two initiatives, with a specific emphasis on the ICoC Association (ICoCA)  Main issues of concerns from participants related to privatization of security in their different countries and potential for ICoC implementation 3:15 PM – 3:45 PM 

Tea / Coffee Break

3:45 PM – 5:00 PM  The Landscape of Business and Human Rights at the National Level: Domestic Frameworks and Implementation Developments o Examples of domestic models for implementation of business and human rights frameworks from governmental, non-governmental, and business bodies (30 minutes)  Katherine Herrera, Presidential Program for Human Rights and International Humanitarian Rights, Government of Colombia (10 minutes)  Marta Mauras, UNICEF Senior Consultant and former Vice-President, Committee on the Rights of the Child (10 minutes)  Alexandra Montgomery, Justicia Global (10 minutes)  Juan Carlos Ruiz, IDL (10 minutes) o Open dialogue (35 minutes)  Facilitation to be confirmed 6

DAY 2: TUESDAY, 18 MARCH 2014 Day 2 of the Latin America Dialogue on National Implementation of Business and Human Rights Frameworks will begin with “single-stakeholder dialogues” on National Action Plans (NAPs), where each stakeholder group will break out into parallel sessions in separate rooms for the morning of Day 2. See below for a breakdown of the separate stakeholder groups and their respective facilitators. Then, during the afternoon of Day 2, all stakeholder groups will reconvene for “multi-stakeholder dialogues” on NAPs. Guiding questions for all Day 2 sessions are included at the end of this program.

Stakeholder groups and facilitators:  Governments: Representative from the Presidential Program for Human Rights and International Humanitarian Rights, Government of Colombia  Civil society / NGOs / indigenous organizations / academia: César Rodríguez Garavito, Dejusticia; Sara Blackwell, International Corporate Accountability Roundtable (ICAR)  Business/investment community: Vidal Martín, Sustentia Innovación Social; Diana Catalina Arciniegas, Asociación Nacional de Empresarios de Colombia (ANDI)  National Human Rights Institutions (NHRIs): Christopher Schuller and Deniz Utlu, German Institute for Human Rights; Cathrine Poulsen-Hansen, Danish Institute for Human Rights NOTE FOR NHRI STAKEHOLDER GROUP ONLY: The German Institute for Human Rights (DIMR) will lead a workshop on transnational NHRI cooperation in business and human rights cases with the NHRI stakeholder group ONLY from 9:00 am to 10:30 am during the morning of Day 2. This workshop will then be followed by a shortened version of the below single-stakeholder dialogues, from 11:00 am to 12:30 pm.

8:00 AM – 9:00 AM  

Summary of Day 1 Events and Outcomes (30 minutes) o To be confirmed Presentation of Day 2 Objectives and Agenda (30 minutes) o Cathrine Poulsen-Hansen, Danish Institute for Human Rights

9:00 AM – 10:30 AM 

Single-Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights o Supporting implementation of the UNGPs in Latin America through the development of NAPs: challenges and opportunities (45 minutes) 7

o Processes for developing and following-up on NAPs: perspectives and recommendations from Dialogue participants (45 minutes) 10:30 AM – 11:00 AM 

Tea / Coffee Break

11:00 AM – 12:30 PM 

Continuation of Single-Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights o Scope, content, and priorities for NAPs: perspectives and recommendations from Dialogue participants (45 minutes) o Recommendations for initiatives beyond NAPs and strategies for putting initiatives into practice (45 minutes)

12:30 PM – 2:00 PM 

Lunch Break

OPTIONAL SIDE SESSION DURING LUNCH BREAK (1:15 PM – 2:00 PM) 

Protecting Child Rights from the Impacts of Companies (45 minutes) Facilitated by Marcelo Ber, Child Rights and Business at UNICEF LAC Regional Office, with the participation of Marta Mauras, UNICEF Senior Consultant and former VicePresident, Committee on the Rights of the Child o Objectives:  Discuss how business activities impact child rights – for example, through innovations in product development, through advertising, or in relationships with local communities  Present tools developed by UNICEF to integrate child rights into sustainability strategies and reporting  Share experiences on the integration of child rights in National Action Plans in Spain and the UK o Issues Covered:  The impact of specific sectors (extractives, travel, and tourism) on children and potential solutions  Main issues of interest / concerns in the region – for example, child labor, marketing to children, and interested stakeholders for further engagement

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2:00 PM – 3:15 PM 

Multi-Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights o Presentations to Dialogue plenary by representatives from each stakeholder group on outcomes of single-stakeholder dialogues: key recommendations, concerns, and future initiatives (15 minutes per stakeholder group = 60 minutes total)  Representative from governments  Representative from civil society / NGOs / indigenous organizations / academia  Representative from business/investment community  Representative from National Human Rights Institutions (NHRIs) o Open dialogue (15 minutes)

3:15 PM – 3:45 PM 

Tea / Coffee Break

3:45 PM – 5:00 PM 

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Continuation of Multi-Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights o Next steps: opportunities and challenges in multi-stakeholder collaboration for the advancement of the business and human rights agenda (60 minutes)  Facilitation to be confirmed Closing Remarks (15 minutes) o Alexandra Guáqueta, Member of the UN Working Group on Business and Human Rights

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NAPs Project: Concept & Outline In 2005, the UN Secretary General appointed a Special Representative on Business and Human Rights to address the widespread lack of clarity on the roles and obligations of States and businesses with regard to human rights. This three-year mandate resulted in the UN’s “Protect, Respect, and Remedy” Framework for Business and Human Rights and was subsequently extended by a further three years to ‘operationalize’ the Framework with the aim of providing practical guidance on steps that can be taken by States, businesses, and other actors to implement the Framework. This mandate resulted in the UN Guiding Principles on Business and Human Rights (UNGPs).

The UN Human Rights Council (UNHRC) unanimously endorsed the UNGPs in 2011. Both the Framework and the UNGPs rest on three complementary and interrelated pillars: 

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Pillar 1: The State duty to protect against human rights abuses by third parties, including businesses, by taking appropriate steps to prevent, investigate, punish, and redress such abuses through effective policies, legislation, regulations, and adjudication.

Pillar 2: The corporate responsibility to respect human rights, which means that companies are expected to avoid infringing on the human rights of others and to address adverse human rights impacts with which they are involved.

Pillar 3: Access to remedy, which requires both States and businesses to ensure that victims of business-related human rights abuses have greater access to effective remedy, both judicial and non-judicial.

The aim of the UNGPs is to guide governments, corporations, and other relevant stakeholders in ensuring that business operations around the world do not negatively impact and abuse human rights. Since the adoption of the UNGPs, States from a variety of regions around the globe have committed in principle to the UNGPs and other business and human rights (BHR) frameworks, yet significant work remains to be done on the part of governments to formulate actual implementation strategies—such as National Action Plans (NAPs)—to carry out these commitments.

In August 2013, the International Corporate Accountability Roundtable (ICAR) and the Danish Institute for Human Rights (DIHR) launched a joint project, entitled National Action Plans: State Strategies for the Implementation of the UN Guiding Principles on Business and Human Rights. The goal of the Project is to produce a robust Toolkit to support the development and evaluation of NAPs and other State-level measures for the implementation of international and regional BHR frameworks, including the UNGPs. The NAPs Toolkit will comprise three parts:

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1. A model National Baseline Assessment (NBA)  Organized systematically with reference to each of the UNGPs and the subcomponents of individual UNGPs under Pillars I and III, which most directly require State action  Reflecting bottom-up (community-led) and top-down (desk-based) methodologies in assessing a State’s point-of-entry in implementing the UNGPs  Providing a framework for assessing State progress in UNGPs implementation over time 2. A model National Action Plan (NAP)  Building on the model CBA  Addressing both minimum content and a human rights-based consultation process for developing NAPs  Addressing issues both within and beyond the State’s territorial jurisdiction  Addressing all relevant aspects of State regulation, including law, policy, procurement, investigation, monitoring, auditing, reporting, incentives and penalties regimes, and public information 3. Proposals for reporting and reviewing States’ implementation of the UNGPs  At sub-regional, regional, and/or global levels  On a periodic basis  Addressing alternative modalities, such as peer and expert review

The NAPs Toolkit will draw on internationally and regionally recognized standards addressing responsible business conduct outside of the UNGPs in order to give specific content to the UNGPs framework. Such standards include:    

International human rights instruments, including the International Bill of Rights and the ILO Core Labor Standards, as well as other standards, such as the CRC, CEDAW, CERD, and UNDRIP; Regional human rights instruments; Other relevant international legal standards or policies; Other voluntary or private sector-based and thematic standards.

Combining research and consultations with stakeholders across Europe, Africa, Latin America, and the Asia-Pacific region, the NAPs Project aims to support progress by States toward effective implementation of the duty to protect human rights. The Project will actively seek to inform and complement actions and initiatives in this area by all relevant actors, including individual States and the UN Working Group on Business and Human Rights (UNWG), which was established by the UNHRC in 2011 to promote the effective and comprehensive dissemination and implementation of the UNGPs. The NAPs Project’s final Toolkit and Report are scheduled for release in June 2014. See below for the full NAPs Project timeline.

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NAPs Project: Timeline August 2013

Project Team established and Project launched

September 2013

Informal consultations with stakeholder groups at Third Annual ICAR Meeting in Washington, DC

October 2013 to April 2014

Phone/online/in-person consultations with governments, civil society, businesses, the investment community, academia, and national human rights institutions (NHRIs)

October 2013

European Civil Society Dialogue, Brussels, Belgium

November 2013

African Civil Society Dialogue, Accra, Ghana Consultation with NANHRI Members, Accra, Ghana

December 2013

Global Consultation at the UN Forum on Business and Human Rights, Geneva, Switzerland

March 2014

Consultation with regional stakeholders during Latin America Dialogue on National Implementation of Business and Human Rights Frameworks, Bogotรก, Colombia Online consultations on draft Toolkit materials begin

April 2014

Dialogue with Members of the Global Business Initiative on Human Rights, London, United Kingdom Consultation with regional stakeholders during Asia-Pacific Dialogue on National Implementation of Business and Human Rights Frameworks, Delhi, India

June 2014

Project Toolkit and Report finalized and publicly disseminated

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Latin America Dialogue on National Implementation of Business and Human Rights Frameworks 17-18 March 2014 – Bogotá, Colombia Single-Stakeholder Dialogues: Guiding Questions Discussion 1 – 45 minutes – Supporting implementation of the UNGPs in Latin America through the development of NAPs: challenges and opportunities 1. Are NAPs relevant and valuable for the Latin America context, particularly from your stakeholder group’s perspective? Why or why not?

2. What measures would you recommend for supporting the development of NAPs in the Latin American context, specifically?

3. What are the key opportunities and challenges for developing NAPs in Latin America?

Discussion 2 – 45 minutes – Processes for developing and following up on NAPs: perspectives and recommendations from Dialogue participants 1. What process would you like to see as governments develop NAPs? Which stakeholders should be included? What should the consultation process look like?

2. What are your recommendations, both in terms of content and process, for National Baseline Assessments on business and human rights in Latin America?

3. What would be your recommended process for following up on NAPs? What existing monitoring and reporting modalities, at regional and international levels, would be most helpful for follow-up and evaluation of NAPs? Discussion 3 – 45 minutes – Scope, content, and priorities for NAPs: perspectives and recommendations from Dialogue participants 1. Has the government prepared, or is it in the process of preparing, a NAP or other national strategy on business and human rights? If so, what are the major strengths and weaknesses of the plan or strategy?

2. What minimum content would you like to see included in a model NAP? 3. What issue areas or sectors should be prioritized in the content of NAPs?

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Discussion 4 – 45 minutes – Recommendations for initiatives beyond NAPs and strategies for putting initiatives into practice 1. What measures, beyond NAPs, should be taken to support the national implementation of business and human rights frameworks?

2. What are your recommended strategies for implementing measures that either include or go beyond NAPs? 3. What measures may be taken to support and/or encourage collaboration within and/or across stakeholder groups as they develop and work to implement such measures?

Multi-Stakeholder Dialogues: Guiding Questions Discussion 1 – 15 minutes per stakeholder group = 60 minutes total – Presentations to Dialogue plenary by representatives from each stakeholder group on outcomes of singlestakeholder dialogues: key recommendations, concerns, and future initiatives 1. What key opportunities, challenges, and/or concerns did the stakeholder group identify in supporting the development of NAPs in Latin America, including in terms of collaboration within and across stakeholder groups?

2. What key recommendations did the stakeholder group have in terms of the processes for developing and following up on NAPs in Latin America?

3. What key recommendations did the stakeholder group have in terms of the scope, content, and priorities for NAPs in Latin America?

Discussion 2 – 60 minutes – Next steps: opportunities and challenges in multi-stakeholder collaboration for the advancement of the business and human rights agenda 1. What are the various roles that stakeholder groups should play in the development of NAPs and/or other strategies for the national implementation of business and human rights frameworks?

2. What are the major opportunities and challenges for collaboration within and across stakeholder groups with the goal of ensuring that governments engage in their duty to protect human rights? For ensuring that corporations respect human rights in their business practices?

3. What strategies do you recommend for promoting implementation of the NAPs Project’s recommendations within Latin America and across all stakeholder groups?

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