NAPs Consultation Packet for NANHRI

28 November 2013 2:00 pm – 6:00 pm Accra, Ghana

Consultation with NANHRI Members on the National Action Plans (NAPs) Project A JOINT PROJECT OF THE INTERNATIONAL CORPORATE ACCOUNTABILITY ROUNDTABLE (ICAR) AND THE DANISH INSTITUTE FOR HUMAN RIGHTS (DIHR)

Introduction The International Corporate Accountability Roundtable (ICAR) and the Danish Institute for Human Rights (DIHR) would like to thank the Network of African National Human Rights Institutions (NANHRI) for the opportunity to host this Consultation during NANHRI’s 9th Biennial Conference, held in Accra, Ghana on 27-29 November 2013 and centered on the theme of “Business and Human Rights: Challenges, Opportunities, and the Role of National Human Rights Institutions (NHRIs).”

This Consultation Packet outlines the details of the Consultation and provides a description of the National Action Plans (NAPs) Project, which is a joint project of ICAR and DIHR. This Consultation with NANHRI members is a significant component of the Project, and participants’ inputs will feed into the final results of the Project, which will be released in June 2014. The Consultation will be jointly facilitated by NANHRI, ICAR, and DIHR. A short summary report of the Consultation will be produced for NANHRI following the event.

ICAR and DIHR would like to thank all participants for their involvement in the Consultation and for their valuable inputs on the NAPs Project.

Sincerely, Amol Mehra Director International Corporate Accountability Roundtable (ICAR) amol@accountabilityroundtable.org Claire Methven O’Brien Special Adviser Human Rights and Business Danish Institute for Human Rights (DIHR) cob@humanrights.dk Sara Blackwell Legal and Policy Fellow International Corporate Accountability Roundtable (ICAR) sara@accountabilityroundtable.org Cathrine Bloch Poulsen-Hansen Adviser Human Rights and Business Danish Institute for Human Rights (DIHR) cph@humanrights.dk 1

Objectives of the NAPs Consultation with NANHRI Members The objectives of the Consultation are to: 1. Discuss the UN Guiding Principles on Business and Human Rights and the concept of National Action Plans (NAPs) on business and human rights with NANHRI members; 2. Share developments on NAPs globally and in regions outside Africa with NANHRI members; 3. Provide a platform for NANHRI members to share experiences on national efforts to implement the UNGPs in Africa to date; 4. Outline different approaches to developing NAPs and baseline studies, including desk-based and community-driven approaches; 5. Facilitate discussion with NANHRI members regarding how relevant and valuable NAPs may be for the African context, particularly from the NHRI perspective; 6. Seek NANHRI members’ views on how NAPs may be integrated into African regional human rights processes and dialogues, as well as wider governance processes; 7. Seek NANHRI members’ views on what measures may be taken to support NHRIs or other actors in the region as they develop NAPs, baseline studies, and other strategies for national implementation of the UNGPs; 8. Provide a launch pad for collaboration on national and regional efforts to implement the UNGPs amongst NANHRI members.

2

Agenda 2:00 pm – 2:15 pm

Welcome and Introductory Remarks Introduction of the National Action Plans (NAPs) Project

2:15 pm – 3:30 pm

DISCUSSION 1 Setting the Stage: Presentation on and Discussion of the UN Guiding Principles on Business and Human Rights (UNGPs), National Action Plans (NAPs), and Global Developments

3:30 pm – 3:45 pm

Coffee Break

3:45 pm – 4:45 pm

DISCUSSION 2 Scope, Content, and Priorities for National Action Plans (NAPs) on Business and Human Rights: Perspectives and Recommendations from NANHRI Members

4:45 pm – 5:45 pm

DISCUSSION 3 Supporting National Implementation of the UNGPs in Africa: Challenges and Opportunities

5:45 pm – 6:00 pm

Summing Up and Closing Remarks

3

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: 





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, 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 for National Action Plans (NAPs) to support the development and evaluation of State-level measures to implement the UNGPs. The NAPs Toolkit will comprise three parts:

4

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 recognized standards addressing responsible business conduct 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 Labour 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 consultation, the Project aims to support progress by States toward effective implementation of the duty to protect human rights under the UNGPs. 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.

5

NAPs Project Timeline Mid-August 2013

Project Team established and Project launched

Mid-September 2013

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

Early October 2013 (until April 2014)

Phone/online/in-person consultations with government, civil society, and business stakeholders

Mid-October 2013

European Civil Society Dialogue, Brussels, Belgium

Late November 2013

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

Early December 2013

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

February 2014

Consultation on draft Toolkit materials (Latin America)

March 2014

Consultation on draft Toolkit materials (Asia)

June 2014

Project Toolkit and Report finalized and publicly disseminated

6

Annex: Scoping Questions DISCUSSION 1 Setting the Stage: Presentation on and Discussion of the UN Guiding Principles on Business and Human Rights (UNGPs), National Action Plans (NAPs), and Global Developments 1. Is your government generally aware of and/or familiar with: a. The UN Guiding Principles on Business and Human Rights (UNGPs)? b. The concept of National Action Plans (NAPs) on business and human rights? c. National Baseline Assessments (NBAs)? d. Developments on NAPs globally and in regions outside Africa?

2. Do you think NAPs may be relevant and valuable for the African context, particularly from the NHRI perspective? Why or why not?

DISCUSSION 2 Scope, Content, and Priorities for National Action Plans (NAPs) on Business and Human Rights: Perspectives and Recommendations from NANHRI Members 1. Is there a specific agency, ministry, or department within your government that oversees and/or leads on business and human rights issues? If so, which?

2. Has your government endorsed the UNGPs? If so: a. Has a baseline analysis of your government’s implementation of the UNGPs been set (e.g., through a National Baseline Assessment or gap analysis)? b. Has your government prepared a NAP or other national strategy on business and human rights? If so, what are the major strengths and weakness of the plan or strategy?

3. If a NAP or other national strategy on business and human rights is not yet in place, is your government in the process of preparing one? If so: a. At what stage is the development process, and has a deadline been set for having the plan or strategy in place?

7

b. Have stakeholders been consulted throughout the development process? If so, which stakeholders, and what has the consultation process looked like?

4. What are your recommendations, both in terms of content and process, for National Baseline Assessments of States’ current performances on business and human rights?

5. What would you like to see included in a model NAP, both in terms of minimum content and a human rights-based consultation process for the development of a NAP? 6. What monitoring and reporting modalities, at regional and international levels, would be most helpful for follow-up and evaluation of NAPs and other national implementation measures?

DISCUSSION 3 Supporting National Implementation of the UNGPs in Africa: Challenges and Opportunities 1. How can your government’s national UNGPs implementation process be improved?

2. How might NAPs be integrated into African regional human rights processes and dialogues, as well as wider governance processes?

3. What measures may be taken to support and/or encourage collaboration amongst NHRIs or other actors in the region as they develop NAPs, baseline studies, and other strategies for national implementation of the UNGPs? 4. What further measures do you recommend for supporting national implementation of the UNGPs? 5. What strategies do you recommend for promoting implementation of the Project Toolkit’s recommendations by all stakeholders?

8

NAPs Project Team Biographies Amol Mehra, Esq. Director, International Corporate Accountability Roundtable (ICAR) amol@accountabilityroundtable.org Amol Mehra, Esq. is the Director of the International Corporate Accountability Roundtable (ICAR), a coalition of leading human rights, development, labor, and environmental organizations working to ensure businesses respect human rights in their global operations.

Amol is an international human rights lawyer by training, focusing on business and human rights and corporate social responsibility (CSR).

Amol received his Juris Doctor Degree with an Honors Certificate in International and Comparative Law from the University of San Francisco School of Law and also holds a Bachelor of Commerce with a concentration in Global Strategic Management and the Social Context of Business from McGill University. In addition to his work as Director of ICAR, Amol serves on the Advisory Council for the American Bar Association’s Center for Human Rights, is a Coordinating Member and Thematic Specialist for Amnesty International USA, is an Advisory Board Member of Lawyers for Better Business (L4BB), and serves on the Advisory Council for the Ranking Digital Rights Project. Amol writes for the Huffington Post, Forbes Corporate Social Responsibility and Leadership, CSRWire, and the Guardian Sustainable Business Section. He is fluent in French and conversant in Hindi.

Dr. Claire Methven O'Brien Chief Consultant, Danish Institute for Human Rights (DIHR) cob@humanrights.dk Claire Methven O'Brien is Chief Consultant at the Danish Institute for Human Rights. Claire holds a BA in Natural Sciences and Philosophy from the University of Cambridge, an LLM in Public Law from the London School of Economics, and a PhD in Law from the European University Institute, Florence. She has been called to the London Bar. Claire has extensive experience in the area of business and human rights, including working with multinational enterprises, national governments, international financial institutions, civil society organizations, international organizations, and other national human rights institutions. Claire publishes, speaks, and teaches across a wide range of human rights topics. She is a member of the Board of the International Work Group for Indigenous Affairs. Claire's experience of business and human rights issues in the African region includes leading human rights assessments for companies in the oil and gas sector in Algeria, Angola, and Uganda and working with NHRIs and CSOs from Algeria, Sierra Leone, Cameroon, the Democratic Republic of Congo, Niger, Rwanda, Burundi, South Africa, and Uganda.

9

Sara Blackwell, Esq. Legal and Policy Fellow, International Corporate Accountability Roundtable (ICAR) sara@accountabilityroundtable.org Sara Blackwell is an international human rights lawyer and recent graduate of Georgetown University Law Center. She currently serves as Legal and Policy Fellow at the International Corporate Accountability Roundtable (ICAR), where she contributes to ICAR’s work examining National Action Plans for implementing the UN Guiding Principles on Business and Human Rights. While at Georgetown, Sara worked as a Student Attorney with the law school’s International Women’s Human Rights Clinic, advocating for women’s reproductive rights in Uganda. Sara has previously worked with the Fair Labor Association; EarthRights International; the Center for International Environmental Law; and Green Advocates International in Liberia. Prior to attending law school, Sara served as a Peace Corps Volunteer in Zambia, where she lived and worked with rural agrarian communities to enhance food security and improve natural resource management. She holds a B.A., summa cum laude, from Barnard College of Columbia University. She is proficient in Bemba, a Bantu language spoken primarily in northern Zambia, and conversant in Swahili.

Cathrine Bloch Poulsen-Hansen Advisor, Danish Institute for Human Rights (DIHR) cph@humanrights.dk Cathrine Bloch Poulsen-Hansen joined the Human Rights and Business Department in 2010. Cathrine manages and advises on the Corporate Engagement projects of the department and acts as the manager of the Human Rights Compliance Assessment tools of the department. Further to this, Cathrine leads the national work of DIHR on human rights and business, including engagement with the Danish Government, as well as business and civil society actors. Cathrine further supports the work of DIHR in the Working Group on Business and Human Rights of the International Coordinating Committee of National Human Rights Institutions. Cathrine holds a BSc. in Public Administration with a specialization in European Union Studies and a MSocSc in Political Communication and Management with a specialization in corporate social responsibility and sociology of law.

10