In February 2020, following a decade-long struggle for justice, a determined group of displaced Cambodian farmers and two advocacy organizations (Inclusive Development International and Equitable Cambodia) reached a landmark agreement with the Australia New Zealand Banking Group (ANZ) to provide a financial pay-out to the farmers for their suffering. The agreement set an important human rights precedent for the global banking industry. It was the first time known that a commercial bank made a financial contribution to remediate harms caused by one of its corporate customers, after acknowledging that its human rights due diligence had been inadequate.1 The case was also a rare example of a community receiving financial compensation through the Organization for Economic Cooperation and Development (OECD)’s voluntary system of corporate accountability (the OECD’s National Contact Points or NCPs). While the final outcome was positive, its singularity and the immense effort, tenacity and resources required in obtaining it, demonstrate both what is wrong with this corporate accountability system and what reforms are needed to reach its potential to advance greater business respect for human rights.
{"title":"Lessons from the ANZ-Phnom Penh Sugar Case for the OECD National Contact Point System of Corporate Accountability","authors":"N. Bugalski, David Pred","doi":"10.1017/bhj.2023.24","DOIUrl":"https://doi.org/10.1017/bhj.2023.24","url":null,"abstract":"In February 2020, following a decade-long struggle for justice, a determined group of displaced Cambodian farmers and two advocacy organizations (Inclusive Development International and Equitable Cambodia) reached a landmark agreement with the Australia New Zealand Banking Group (ANZ) to provide a financial pay-out to the farmers for their suffering. The agreement set an important human rights precedent for the global banking industry. It was the first time known that a commercial bank made a financial contribution to remediate harms caused by one of its corporate customers, after acknowledging that its human rights due diligence had been inadequate.1 The case was also a rare example of a community receiving financial compensation through the Organization for Economic Cooperation and Development (OECD)’s voluntary system of corporate accountability (the OECD’s National Contact Points or NCPs). While the final outcome was positive, its singularity and the immense effort, tenacity and resources required in obtaining it, demonstrate both what is wrong with this corporate accountability system and what reforms are needed to reach its potential to advance greater business respect for human rights.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46572696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Governments sometimes adopt policies that are not aligned with their preferences or have not come onto their agendas when doing so is linked to a reward. International organizations can therefore set conditions for coveted membership that include adopting new human rights and regulatory policies. As international organizations increasingly converge around the UN Guiding Principles on Business and Human Rights, how might they promote national uptake of these guidelines? This article considers the prospects of accession conditionality in answering this question. The focus of the article is on European Union and Organization for Economic Cooperation and Development (OECD) expansion in Central and Eastern Europe, where uptake of business and human rights policies remains comparatively low. The article argues that while these organizations increasingly include business and human rights conditionalities in accession negotiations, there remains significantly greater scope for promoting the Guiding Principles.
{"title":"Conditionalities in International Organization Accession Processes: Spreading Business and Human Rights Norms in Central and Eastern Europe?","authors":"I. Higham","doi":"10.1017/bhj.2023.19","DOIUrl":"https://doi.org/10.1017/bhj.2023.19","url":null,"abstract":"Governments sometimes adopt policies that are not aligned with their preferences or have not come onto their agendas when doing so is linked to a reward. International organizations can therefore set conditions for coveted membership that include adopting new human rights and regulatory policies. As international organizations increasingly converge around the UN Guiding Principles on Business and Human Rights, how might they promote national uptake of these guidelines? This article considers the prospects of accession conditionality in answering this question. The focus of the article is on European Union and Organization for Economic Cooperation and Development (OECD) expansion in Central and Eastern Europe, where uptake of business and human rights policies remains comparatively low. The article argues that while these organizations increasingly include business and human rights conditionalities in accession negotiations, there remains significantly greater scope for promoting the Guiding Principles.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46503686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
J. P. Bohoslavsky, Francisco J. Cantamutto, Lucas Castiglioni
Abstract This article studies human rights due diligence by private corporate creditors in the context of sovereign debt restructurings. First, the legal bases of this specific due diligence are presented and systematized. Then, by providing empirical statistical evidence, the article analyses whether haircuts applied by creditors across countries regularly consider the social and economic human rights situation of the debtor countries in question, as part of creditors’ due diligence. Also, the main characteristics of bond markets that contribute to understanding the asymmetric power relationship between private lenders and sovereign borrowers are described. Finally, Argentina’s latest debt restructurings are studied in depth to determine whether human rights were taken into account when agreeing on the size of haircuts. From quantitative and qualitative data, this article concludes that the haircuts agreed by creditors are regularly not sensitive to the social and economic human rights situation of debtor populations or to the impact that debt agreements could have on them.
{"title":"Human Rights Due Diligence by Corporate Creditors in Sovereign Debt Restructurings – A Great Missing Link","authors":"J. P. Bohoslavsky, Francisco J. Cantamutto, Lucas Castiglioni","doi":"10.1017/bhj.2023.31","DOIUrl":"https://doi.org/10.1017/bhj.2023.31","url":null,"abstract":"Abstract This article studies human rights due diligence by private corporate creditors in the context of sovereign debt restructurings. First, the legal bases of this specific due diligence are presented and systematized. Then, by providing empirical statistical evidence, the article analyses whether haircuts applied by creditors across countries regularly consider the social and economic human rights situation of the debtor countries in question, as part of creditors’ due diligence. Also, the main characteristics of bond markets that contribute to understanding the asymmetric power relationship between private lenders and sovereign borrowers are described. Finally, Argentina’s latest debt restructurings are studied in depth to determine whether human rights were taken into account when agreeing on the size of haircuts. From quantitative and qualitative data, this article concludes that the haircuts agreed by creditors are regularly not sensitive to the social and economic human rights situation of debtor populations or to the impact that debt agreements could have on them.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43146099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The ‘Mind the Gap’ project has created a toolkit for civil society to hold companies to account for their adverse impacts. The toolkit sets out two distinct but interlinked frameworks: harmful corporate strategies resulting in the avoidance of responsibility for adverse impacts, and civil society counter-strategies to overcome these harmful strategies. Both frameworks capture the unique experiences of the Mind the Gap project’s global consortium partners and civil society actors focused on corporate accountability. The project responds to a need to close governance gaps that arise in the context of the current global economic system. It is only by identifying and understanding harmful corporate strategies that civil society can effectively advocate for corporate accountability and the closure of governance gaps.
摘要“注意差距”项目为民间社会创建了一个工具包，要求公司对其不利影响负责。该工具包提出了两个不同但相互关联的框架：导致避免对不利影响承担责任的有害企业战略，以及克服这些有害战略的民间社会反战略。这两个框架都体现了Mind the Gap项目的全球联盟合作伙伴和专注于企业问责制的民间社会行为者的独特经验。该项目回应了弥合当前全球经济体系中出现的治理差距的需要。只有识别和理解有害的公司战略，民间社会才能有效地倡导公司问责制和缩小治理差距。
{"title":"Mind the Governance Gaps: Harmful Corporate Strategies Leading to Avoidance of Responsibility and Civil Society Counter-Strategies","authors":"Katharine Booth","doi":"10.1017/bhj.2023.23","DOIUrl":"https://doi.org/10.1017/bhj.2023.23","url":null,"abstract":"Abstract The ‘Mind the Gap’ project has created a toolkit for civil society to hold companies to account for their adverse impacts. The toolkit sets out two distinct but interlinked frameworks: harmful corporate strategies resulting in the avoidance of responsibility for adverse impacts, and civil society counter-strategies to overcome these harmful strategies. Both frameworks capture the unique experiences of the Mind the Gap project’s global consortium partners and civil society actors focused on corporate accountability. The project responds to a need to close governance gaps that arise in the context of the current global economic system. It is only by identifying and understanding harmful corporate strategies that civil society can effectively advocate for corporate accountability and the closure of governance gaps.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48711727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Disinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.
{"title":"Emerging Regulations on Content Moderation and Misinformation Policies of Online Media Platforms: Accommodating the Duty of Care into Intermediary Liability Models","authors":"Caio Machado, Thaís Helena Aguiar","doi":"10.1017/bhj.2023.25","DOIUrl":"https://doi.org/10.1017/bhj.2023.25","url":null,"abstract":"Abstract Disinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47909912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This piece aims to assess the potential contribution and the scope and structure of a Catalan Centre for Business and Human Rights to supervise the fulfilment of the corporate responsibility to respect human rights and to hold businesses operating in Catalonia accountable for human rights abuses within the autonomous community and abroad. It also examines how this proposal fits into the regional and national regulatory landscape for mandatory human rights due diligence.
{"title":"The Catalan Centre for Business and Human Rights: Addressing Extraterritorial Corporate Human Rights Abuses at the Subnational Level","authors":"Daniel Iglesias Márquez","doi":"10.1017/bhj.2023.21","DOIUrl":"https://doi.org/10.1017/bhj.2023.21","url":null,"abstract":"Abstract This piece aims to assess the potential contribution and the scope and structure of a Catalan Centre for Business and Human Rights to supervise the fulfilment of the corporate responsibility to respect human rights and to hold businesses operating in Catalonia accountable for human rights abuses within the autonomous community and abroad. It also examines how this proposal fits into the regional and national regulatory landscape for mandatory human rights due diligence.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46667551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In January 2022, the UK National Contact Point (UK NCP) issued a final statement in a specific instance claim brought against Bonsucro, a multi-stakeholder initiative (MSI) that aims to promote sustainable production of sugarcane. The claim alleged that Bonsucro had failed to comply with the OECD Guidelines because it had not carried out appropriate due diligence towards one of its members, accused of human rights abuses. While NCP complaints had been brought against MSIs and certifiers before, the UK NCP’s final statement is the first to recognize the leverage MSIs have over members due to their ability to deny membership and related reputational benefits to companies wishing to show sustainability logos, and to affirm their responsibility to use this leverage to avoid abuses. The statement sheds light on the accountability of actors involved in private voluntary sustainability standard systems, with possible impacts on other actors such as third-party certifiers.
{"title":"In the Wake of Bonsucro: Multi-Stakeholder Initiatives and Third-Party Certifiers at the Test Bench of OECD National Contact Points","authors":"Elena Corcione","doi":"10.1017/bhj.2023.17","DOIUrl":"https://doi.org/10.1017/bhj.2023.17","url":null,"abstract":"Abstract In January 2022, the UK National Contact Point (UK NCP) issued a final statement in a specific instance claim brought against Bonsucro, a multi-stakeholder initiative (MSI) that aims to promote sustainable production of sugarcane. The claim alleged that Bonsucro had failed to comply with the OECD Guidelines because it had not carried out appropriate due diligence towards one of its members, accused of human rights abuses. While NCP complaints had been brought against MSIs and certifiers before, the UK NCP’s final statement is the first to recognize the leverage MSIs have over members due to their ability to deny membership and related reputational benefits to companies wishing to show sustainability logos, and to affirm their responsibility to use this leverage to avoid abuses. The statement sheds light on the accountability of actors involved in private voluntary sustainability standard systems, with possible impacts on other actors such as third-party certifiers.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44983902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mihaela Maria Barnes, State-Owned Entities and Human Rights. The Role of International Law (Cambridge: Cambridge University Press, 2022)","authors":"O. Uvarova","doi":"10.1017/bhj.2023.18","DOIUrl":"https://doi.org/10.1017/bhj.2023.18","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49527248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Legal action by communities affected by climate change against high carbon corporate emitters is on the rise. At the same time, with the acceleration of a transition to a net-zero carbon economy, communities impacted by the implementation and operation of renewable energy projects are increasingly challenging shortcomings in the shift to renewable energy through ‘just transition litigation’. This strategy aims to ensure that respect for human rights is at the heart of the new energy paradigm, and that human rights abuses by the fossil fuel and mining sectors are not replicated. Progressive legislative reforms may also contribute to ensuring a fast and fair transition. This article examines how legal action and legislation may provide communities and rights-holders with pathways to climate justice – and sheds light on the need for a rights-centred approach by corporate actors and governments to the new energy transition.
{"title":"A Fast and Fair Energy Transition: How Community Legal Action and New Legislation are Shaping the Global Shift to Renewable Energy","authors":"Elodie Aba","doi":"10.1017/bhj.2023.22","DOIUrl":"https://doi.org/10.1017/bhj.2023.22","url":null,"abstract":"Abstract Legal action by communities affected by climate change against high carbon corporate emitters is on the rise. At the same time, with the acceleration of a transition to a net-zero carbon economy, communities impacted by the implementation and operation of renewable energy projects are increasingly challenging shortcomings in the shift to renewable energy through ‘just transition litigation’. This strategy aims to ensure that respect for human rights is at the heart of the new energy paradigm, and that human rights abuses by the fossil fuel and mining sectors are not replicated. Progressive legislative reforms may also contribute to ensuring a fast and fair transition. This article examines how legal action and legislation may provide communities and rights-holders with pathways to climate justice – and sheds light on the need for a rights-centred approach by corporate actors and governments to the new energy transition.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41769941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
After the unanimous endorsement of the UN Guiding Principles on Business and Human Rights (UNGPs) by the Human Rights Council in June 2011, human rights due diligence (HRDD) has become a common currency widely embraced among stakeholders operating in the business and human rights (BHR) field. The UNGPs envisage HRDD to be the primary tool for businesses to identify, prevent, mitigate and account for adverse impacts of their activities on internationally recognized human rights.
{"title":"Beyond Human Rights Due Diligence: What Else Do We Need?","authors":"S. Deva, A. Ramasastry, Florian Wettstein","doi":"10.1017/bhj.2023.33","DOIUrl":"https://doi.org/10.1017/bhj.2023.33","url":null,"abstract":"After the unanimous endorsement of the UN Guiding Principles on Business and Human Rights (UNGPs) by the Human Rights Council in June 2011, human rights due diligence (HRDD) has become a common currency widely embraced among stakeholders operating in the business and human rights (BHR) field. The UNGPs envisage HRDD to be the primary tool for businesses to identify, prevent, mitigate and account for adverse impacts of their activities on internationally recognized human rights.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45402927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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