European Group of National Human Rights Institutions. European Group of National Human Rights Institutions 2012 Regional Workshop

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1 European Group of National Human Rights Institutions 2012 Regional Workshop Business and Human Rights Mandate and potential role of National Human Rights Institutions Executive Summary At a time of immense economic and social challenges within the European region, the potential for business activity to contribute, both positively and negatively, to the realisation of human rights economic, social, civil and political - for all has been put more clearly in focus than ever. National human rights institutions (NHRIs), established in line with the UN Paris Principles, are independent institutions which exist to promote respect for human rights at national level, through activities including advice, monitoring, education, research and advocacy. The Council of Europe, UN General Assembly, UN Human Rights Council, EU and other key international organisations in the European region, such as the OSCE and OECD, all recognize NHRIs as key actors in protecting and promoting human rights and the rule of law. In its Resolution 17/4 of June 2011, the UN Human Rights Council affirmed the mandate and role of national human rights institutions (NHRIs) under the UN Paris Principles to work and build their capacity to address human rights and business issues. The UN Guiding Principles on Business and Human Rights, endorsed by the UN Human Rights Council in Resolution 17/4, likewise recognise the mandate and role of NHRIs to support implementation of all three pillars of the UN Protect, Respect, Remedy framework on human rights and business, through engagement with states, business and victims of human rights abuses in the corporate sector. The EU Council, in its Strategic Framework and Action Plan on Human Rights and Democracy 1 enjoins EU States to develop in 2013 national plans for the implementation of the UN Guiding Principles on Business and Human Rights, in line with the EU Commission s 2011 Communication on CSR. 2 The ICC s 2010 Edinburgh Declaration, affirms the commitment of NHRIs worldwide to integrate business and human rights into NHRI strategies and activities, at international, regional and national level including through the holding of follow-up workshops on human rights and business for ICC Regional Networks. In 2011, workshops were held by the Network of African National Human Rights Institutions, Asia Pacific Forum of NHRIs and Red de Instituciones Nacionales Para la Promocion y Protection de los Derechos 1 25 June 2012, 11855/12. 2 European Commission, Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions: A renewed strategy for Corporate Social Responsibility, (Brussels, 25 October 2011) COM(2011) 681final. 1

2 Humanos en le Continente Americano. Each such workshop concluded in a Regional Action Plan on human rights and business, identifying concrete actions to be taken by NHRIs, individually and collectively and, to build their engagement and effectiveness in addressing business human rights impacts. Such action will include methods for monitoring in the area of business and human rights. Monitoring can be organized by NHRIs present in many countries around the world in collaboration across borders. By building knowledge and supporting integration of business and human rights into NHRI policy and activities, the European Region 2012 Workshop will contribute to fulfillment of the UN Paris Principles and national mandates of European NHRIs. In this way, it will promote greater enjoyment of human rights by rights-holders affected by European markets and market actors, both inside the region and beyond. 1. Objectives of the European Regional Workshop on Business and Human Rights General objective The ICC European Regional Workshop on business and human rights will contribute to building capacity of NHRIs in the European region to fulfill their Paris Principles mandates to advance respect for human rights in the corporate sector, including through supporting implementation of the UN Framework and UN Human Rights Council s Guiding Principles on Business and Human Rights. Specific objectives I. Build knowledge of NHRIs in the European Region regarding: a. the application of the UN Paris Principles NHRI mandate to business and human rights issues; b. the UN Framework and 2011 UN Guiding Principles on Business and Human Rights; c. other applicable legal and policy frameworks, standards, and initiatives relevant to human rights and business in the European regional context d. potential high risk issues in the European regional context within the business and human rights field. e. Opportunities, including the European Commission CSR Communique and the EU Framework and Action Plan for human rights f. Monitoring functions NHRI can and should play with respect to business and human rights, particular given their presence in home and host states. 2

3 II. Facilitate peer learning amongst NHRIs concerning strategies, approaches and actions undertaken by NHRIs within the European region and beyond, and to promote effective implementation of human rights in the sphere of business activities. A particular attention shall be given to the monitoring function NHRIs can play for example, with reference to the UN UPR and treaty monitoring procedures. III. Promote recognition and understanding of the Paris Principles mandate of NHRIs amongst key stakeholders, including national authorities, EU and other relevant regional institutions (including Council of Europe and OSCE OECD), labour unions, business, civil society including NGOs and media. IV. Initiate dialogue among NHRIs in the European region and other key actors as mentioned above on business and human rights and on the role and function of NHRIs and priorities within the European region as well as develop cooperation with NHRI from other parts of the world, including members of the ICC Working Group on Business and Human Rights. V. Following from the above, determine actions that can be taken by NHRIs, individually and collectively, to be included in an ICC European Region Action Plan on human rights and business which will be drafted at the workshop. 2. Workshop programme Day 1 / Wednesday 5 September 2012 Day 1 Moderator: Prof. Alan Miller Afternoon :30 Welcoming session - Prof. Alan Miller, European Group Chair, Chair Scottish Human Rights Commission - Arno Tomowski, Head of Private Sector Cooperation, Deutsche Gesellschaft für Internationale Zusammenarbeit / German Global Compact Net - Michael Windfuhr, Deputy Director, German Institute for Human Rights Part I Stocktaking: International frameworks and recent developments, including UN Guiding Principles on Business and Human Rights Chair: Prof. Alan Miller 3

4 Inputs on the following topics: - Lene Wendland (tbc), UN OHCHR - UN Working Group on Business and Human Rights - Tom Dodd, EC Commission DG Enterprise - EC Commission and EU Council, National Action Plans - Vladen Stefanov, Chief, UN OHCHR National Institutions and Regional Mechanisms Section NHRIs, UN Global Compact - Lorreta Lampty, Commissioner for Human Rights and Admnistrative Justice, Ghana Network of African National Human Rights Institutions - ILO (TBC) Evening Networking reception / dinner Dinner open to participants and invited stakeholders Speaker: Dr. Cephas Lumina, UN Independent Expert on the Effects of Foreign Debt Day 2 / Thursday 6 September 2012 Day 2 Moderator: Michael Windfuhr Part II 09:00 10:45 Business and human rights: NHRI experiences How have NHRIs engaged with business and human rights issues? What roles have NHRI played and what are the strategies adopted in that work? Chair: Charlotte Flindt Pedersen, International Director, Danish Institute for Human Rights - Dr. Claire Methven O Brien, Senior Adviser, Danish Institute for Human Rights - Malawi Human Rights Commission Case Study / Network of African National Human Rights Institutions - Ma NERISSA M. NAVARRO-PIAMONTE, Philippines 4

5 Commission on Human Rights Asia Pacific Forum of NHRIs - David Langtry, Canadian Human Rights Commission, Chair, ICC Working Group on Business and Human Rights Network of NHRIs of the Americas - Scottish Human Rights Commission Public procurement Part III Business and Human Rights: Issues in the European Region Three thematic roundtables will take place in Day 2 and the first session on Day 3. Roundtables will include presentations from NHRIs, government, NGOs and/or businesses. Rapporteurs will produce a summary and suggested action points arising from each Roundtable discussion. 11: Roundtable 1 State duty to protect Chair: David Langtry, Chair, ICC Working Group on Business and Human Rights - Tom Kennedy, UK Foreign & Commonwealth Office - National plans to implement the UNGPs - Hege Roettingen, Norwegian National Contact Point under the OECD Guidelines for Multinational Enterprises - Cephas Lumina, UN Independent Expert on the Effects of Foreign Debt - Swiss Agency for Development and Cooperation (tbc) bilateral development assistance - Noemi Bienvenu, Charge de Mission, Commission Nationale Consultative des Droits de l'homme (CNCDH) 5

6 Roundtable Corporate responsibility to respect Chair: Claire Methven O Brien, DIHR - Prof. Roel Nieuwenkamp, Chair, Working Party, OECD Guidelines for MNEs - Business representative (tbc) - Prof. Edda Müller, Transparency International - Diana Copper, UK Equality and Human Rights Commission - Elin Wrzoncki, FIDH Roundtable Access to remedy Chair: Diego Quiroz, Scottish Human Rights Commission - Uwe Wötzel (tbc), Verdi (trade union) - Dr. Miriam Saage-Maaß, European Centre for Constitutional and Human Rights - Larry Devoe, Ombudsman Institution of the Bolivarian Republic of Venezuela - C. Halburd, European Coalition for Corporate Justice - Heleen Tiemersma SOMO / Amnesty International Netherlands Evening Boat Trip through Berlin with dinner open 6

7 Day 3 / Friday 7 September 2012 Day 3 Moderator: Prof. Alan Miller Part IV 09:00 11:00 Challenges and opportunities European regional institutions: What impacts, what potential? Chair: Prof. Alan Miller - Speaker (tbc) European Commission - Riccardo Priore, Council of Europe, Department of the European Social Charter and European Code of Social Security - Signe Poulsen, ODIHR, Organisation for Security and Cooperation in Europe - Jonas Grimheden (tbc) European Fundamental Rights Agency - Speaker (tbc) European regional financial institutions 11: NHRIs: new approaches, capacity building and cooperation This session will explore new approaches for NHRIs, individually and trans-regionally, to address business and human rights issues. Chair: Katharina Rose, ICC Representative - Dr. Claire Methven O Brien, Danish Institute for Human rights - national baseline studies and action plans on human rights & business - Myriam Montrat, Canadian Human Rights Commission - Addressing transnational issues through NHRI cooperation / ICC Working Group Strategic Action Plan - Allison Corkery, Centre for Economic and Social Rights - monitoring including ESCR indicators - Michael Windfuhr, German Institute for Human Rights- new Voluntary Guidelines on Land as a tool for NHRI - Phillippines, Asia Pacific Forum of NHRIs Manual on Migrant Workers 7

8 Part V ICC European Region Draft Action Plan on Human Rights and Business Based on action points from the three Roundtables collected by Rapporteurs during Day 1, a Draft Action Plan will be produced for discussion in small working groups, and finalisation. 15:30 16:00 Workshop close Euro Chair Prof. Alan Miller German Institute for Human Rights Later afternoon (optional) Visit to the exhibition: Topography of terror 17:00 18:30 3. Working method Working method for the Workshop, including for appointment of Roundtable Rapporteurs and a drafting group for the European Region Action Plan, will be determined by the European Region Bureau. The drafting group will prepare the European regions Draft Action Plan, which will be discussed in plenary on the last day. 4. Participants The Workshop will be open for participation by European Region ICC members. Invited stakeholders may attend as observers. 5. Media, communications and accessibility Workshop proceedings will be made as widely accessible as possible using technology e.g. e-publishing workshop documentation etc. and regional action plan. 8

9 6. Venue The venue for the Workshop will be in the GIZ-Representation (Deutsche Gesellschaft für internationale Zusammenarbeit (GIZ) GmbH) in Berlin, Reichpietschufer 20. Next Metro Station (walking distance) is: U-Bahn Mendelssohn-Bartholdy (U2). Next S-Bahn stop is Potsdamer Platz (S1, S2, S25). 7. Logistical support and information for conference participants For any logistical matter relating to conference participation, please contact: Ute Peters Winsstr. 42_10405 Berlin T +49.(0) F +49.(0) M +49 (0) E ute.peters@up-kommunikation.de W For any other matter, contact Michael Windfuhr windfuhr@institut-fuer-menschenrechte.de Phone: Mail Address: Zimmerstr. 26/ Berlin Germany 8. Funding Accommodation costs for (eventually up to 2, please check with the GIHR) representatives of each Euro region NHRI will be covered by the organiser. Travel and any other costs (e.g. local transport, insurance, visas) are to be defrayed by participating institutions themselves. The Workshop is being undertaken with financial support from the German Ministry for Development Cooperation and the German Institute for Human Rights. The German Institute for Human Rights, Danish Institute for Human Rights and European Group Chair have contributed to organizing the event. = = = = = = = = = 9

10 Annex I Table of European NHRIs Country Name of NHRI ICC Accreditation EU OECD UN Global Compact Contact Point Albania The People's Advocate A Armenia Human Rights Defender of the Republic of Armenia A z Austria The Austrian Ombudsman Board B z Azerbaijan Human Rights Commissioner (Ombudsman) A z Belgium Centre for equal opportunities and opposition to racism B z Bosnia and Herzegovina The Human Rights Ombudsman of Bosnia and Herzegovina A z Bulgaria Bulgaria: Commission for protection against Discrimination of the Republic of Bulgaria B z Bulgaria Bulgaria: The Ombudsman of the Republic of Bulgaria B z Croatia Office of the Croatian Ombudsman A z Cyprus National Institute for the Protection of Human Rights z Czech Republic Ombudsman Denmark The Danish Institute for Human Rights A z Finland Human Rights Centre, Office of the Parliamentary Ombudsman in Finland z 10

11 Country Name of NHRI ICC Accreditation EU OECD UN Global Compact Contact Point France Commission Nationale Consultative des Droits de L homme A z Georgia Office of Public Defender of Georgia A Germany The German Institute for Human Rights A Great Britain, UK Equality and Human Rights Commission A Greece Greek National Commission for Human Rights A Hungary Parliamentary Commissioner for Civil Rights B Ireland Irish Human Rights Commission A Italy Commissione per i Diritti Umani - Présidence du Conseil des Ministres Kazakhstan Commissioner for Human Rights (National Ombudsman) Kosovo Ombudsperson Institution in Kosovo Kyrgyzstan Ombudsman of the Kyrgyz Republic Latvia Latvian National Human Rights Office Lithuania The Seimas Ombudsmen Luxembourg Consultative Commission of Human Rights A Macedonia Human Rights Ombudsman of Macedonia B 11

12 Country Name of NHRI ICC Accreditation EU OECD UN Global Compact Contact Point Moldova The Centre for Human Rights of Moldova B Netherlands Equal Treatment Commission B Northern UK Ireland, Northern Ireland Human Rights Commission (NIHRC) A Norway Norwegian Centre for Human Rights A Poland Commissioner for Civil Rights Protection A Portugal Provedor de Justiça A Romania Romanian Institute for Human Rights C Russia Commissioner on Human Rights in the Russian Federation B Scotland, UK Scottish Human Rights Commission A Serbia and Montenegro Protector of Citizens of the Republic of Serbia A Slovakia Slovak National Centre for Human Rights Lapsed Slovenia Human Rights Ombudsman B Spain The Office of the Ombudsman A Sweden Equality Ombudsman of Sweden B Switzerland Federal Commission against Racism (FCR) B 12

13 Country Name of NHRI ICC Accreditation EU OECD UN Global Compact Contact Point Ukraine Ukrainian Parliament Commisioner for Human Rights A Uzbekistan Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights Accreditation status as of May