Opinion
General counsel must understand that businesses are responsible for protecting human rights
In-house lawyers should conduct human rights assessments that identify potential risks in their organisation ’ s supply chain – companies that don ’ t do this could find their reputations destroyed
Traditionally , businesses have believed the issue of human rights is not their responsibility , but opinion is changing . In-house lawyers and corporate counsel see the need to change their mindset and learn about new norms and guidelines that define their organisation ’ s human rights responsibilities . We have moved from the sphere of corporate social responsibility to the reality of responsible business conduct – it ’ s not enough to do good voluntarily , businesses now must do no harm to stakeholders .
The reason is that there is now an international consensus around the United Nations ( UN ) Guiding Principles for Business and Human Rights , which outline how states and businesses should implement the UN “ Protect , Respect and Remedy ” framework to better manage human rights challenges . The principles , endorsed by the UN Human Rights Council in 2011 , are based on three pillars : the state duty to protect against human rights abuses by third parties , including business , through appropriate policies , regulation and adjudication ; the corporate responsibility to respect human rights , which means avoiding infringing on the rights of others and to address adverse impacts that occur ; and greater access by victims to effective remedy , both judicial and non-judicial .
Businesses in many sectors run the risk of coming into conflict with human rights standards and norms . For example , in the mining , infrastructure and oil and gas sectors , there are land issues ( including the rights of indigenous people ) that could lead to infringements of human rights . In the construction industry , there could be issues related to dire working conditions . Meanwhile , businesses producing garments and footwear could face labourrelated human rights problems – one of the most high profile examples of this was the Rana Plaza clothing factory collapse in Bangladesh in 2013 , which resulted in the deaths of 1,129 people , with around 2,500 more suffering injuries . Workers in the factory made clothes for international retail chains , including the Spanish company Mango .
The response of governments around the world to the implementation of the UN guiding principles has been patchy . According to the UN , ten nations have produced a national action plan on business and human rights - they are : Spain , the UK , the Netherlands , Italy , Denmark , Finland , Lithuania , Sweden , Norway and Colombia . Meanwhile , Portugal , Germany and the USA are among 19 other countries that “ are in the process of developing a national action plan or have committed to doing one ”, the UN says .
But in-house lawyers have to take the lead on this issue . The IBA has issued guidance on human rights for business lawyers that can be used as a foundation for more tailored advice and guidance by in-house lawyers . Generally , among inhouse lawyers there is a lack of awareness of the importance of this issue , but they need to ideally work with international human rights experts to explore the risks they face . If in-house lawyers wish to be considered as “ trusted advisers ” to their organisation ’ s ‘ C-Suites ’ and boards of directors , they need to report on human rights . For example , UK high street chain Marks & Spencer produced its first human rights report in 2016 outlining its approach to “ recognising , respecting and advancing human rights throughout our business operations ”. However , despite Marks & Spencer producing a human rights report , an investigation by BBC TV ’ s Panorama found Syrian refugee children in Turkish factories making clothes for Marks & Spencer . The programme also found adult refugees working illegally on jeans for Spanish chains Zara and Mango .
The consequences for corporations tagged with this problem can be severe . For example , mining companies in Latin America have had problems because they didn ’ t do proper human rights assessments – in some instances , companies had to stop operations for long periods of time , sometimes spanning years .
When conducting a human rights assessment , and specifically when mapping your risk , it ’ s worth looking at what is done by other enterprises in the same field and allying with them . It ’ s also important to publicise what you are doing in view of increasing reporting obligations . Conducting human rights assessments should motivate companies to be part of a race to the top . It will also enthuse employees . Such assessments are in your company ’ s best interests as they can improve brand value and make your company more sustainable .
Elise Groulx Diggs
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Generally , among in-house lawyers there is a lack of awareness of the importance of human rights .
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Elise Groulx Diggs is an international human rights lawyer based in Washington D . C .
She is an Associate Tenant at Doughty Street Chambers in London and of counsel at Alkyne Avocats in Paris and Geni & Kebe in Dakar , Sénégal . She is also of counsel at Endo et Associés in Montréal , Québec , Canada
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