Business & Human Rights: the role of the legal profession

Transcription

1 Business & Human Rights: the role of the legal profession J E N N I F E R R. R A S M U S S E N D I R E C T O R, A S I A & T H E P A C I F I C A M E R I C A N B A R A S S O C I A T I O N

2 In recent decades, the roles and reach of business actors have continued to expand at a fast pace at the national, regional and international levels. As the role of business in society has grown, so too have the calls for business to respect human rights and be held accountable for abuses. At the same time, an increasing number of business leaders accept and endorse that business enterprises have a responsibility to respect human rights. - UN High Commissioner for Human Rights

3 What is the Role of the Legal Profession?

4 American Bar Association With more than 400,000 members worldwide, the ABA is one of the largest voluntary professional organizations in the world.

5 ABA Resolution Adopted February 2012 RESOLVED, That the American Bar Association endorses the United Nations Protect, Respect and Remedy: A Framework for Business and Human Rights and its companion Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework. FURTHER RESOLVED, That the American Bar Association endorses the Human Rights provisions of the OECD Guidelines for Multinational Enterprises, issued by the Organisation for Economic Cooperation and Development (OECD). FURTHER RESOLVED, That the American Bar Association urges governments, the private sector, and the legal community to integrate into their respective operations and practices the United Nations Framework and Guiding Principles and the OECD Guidelines.

6 Within this shared global platform for action, the legal profession can serve as a resource, advisor, and advocate to help uphold human rights in the global economy.

7 Joint Declaration of Commitment On the Development and Promotion of The Field of Business and Human Rights within the Legal Profession WHEREAS the undersigned bar associations and legal organizations: RECOGNIZING that protection of, and respect for, human rights and the rule of law, and effective remedies for human rights violations, are fundamental to well-ordered societies and to the realization of human potential; WELCOMING the development of frameworks on business and human rights, in particular, the United Nations Guiding Principles on Business and Human Rights (UNGPs), to ensure human rights are protected and respected in the conduct of business activities; EMBRACING the integral role of lawyers in promoting and defending human rights and the rule of law in all contexts; THEREFORE DO COMMIT to undertaking the following activities, individually and jointly: 1. PROMOTING the realization of human rights in the business context, including through dissemination and implementation of the UNGPs and other frameworks on business and human rights locally, regionally, nationally, and globally; 2. EDUCATING lawyers about human rights in the business context, including about the UNGPs and other frameworks on business and human rights and their relevance to legal practice and counseling; 3. DEVELOPING AND IMPLEMENTING further policy initiatives, including industry standards and metrics, that build upon the UNGPs and other frameworks on business and human rights and promoting the realization of human rights in the business context across diverse sectors and industries; and 4. MEETING REGULARLY as a growing group of bar associations and legal organizations to assess progress in realization of human rights in the business context, including the implementation of the UNGPs and other frameworks on business and human rights by this group and by the legal profession generally.

8 SIGNED this 9th day of June 2015 in Geneva, Switzerland, to become effective for each entity upon approval by its governing body, and to remain open to additional signatories. Original Signatories (in alphabetical order): American Bar Association Bar Council of England and Wales Bar Council Malaysia Bar Human Rights Committee of England and Wales Conseil National des Barreaux DeutscheAnwaltVerein International Bridges to Justice The Law Society of England and Wales Union Internationale des Avocats Additional Signatories (in order of signature): Spanish National Bar (October 2015)

9 What is next?