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DIALOGUE ON NATIONAL ACTION PLANS

Understanding business perspectives on the development of National Action Plans and providing business input into key projects and processes led by civil society and States

9th April 2014 – 14.45 to 18.15 Park Plaza Westminster Hotel, London

Convened by the International Corporate Accountability Roundtable, the Danish Institute for Human Rights, and the Global Business Initiative on Human Rights

INTRODUCTION

This Dialogue has been organised to facilitate understanding of the perspectives of business practitioners regarding the scope, content, and development of National Action Plans on business and human rights (NAPs). NAPs are increasingly seen as one key vehicle through which States express their commitments and priorities for implementation of their duty to protect human rights, as set out in the UN Guiding Principles on Business and Human Rights (UNGPs) (for more on the UNGPs, see resources links below). As States begin the journey of establishing NAPs, it is important that all stakeholders – including business - input into processes of home and host countries, as well as contribute to dialogue and progress that take a crosscutting view of developments. This Dialogue seeks to input into the National Action Plans (NAPs) Project, which is a joint project of the International Corporate Accountability Roundtable and the Danish Institute for Human Rights. The NAPs Project was launched in August 2013 with the goal of producing a robust toolkit in order to support the development and evaluation of NAPs in holding governments to account for progress in fulfilling the State duty to protect. Thus far, the Project has consulted with approximately 185 stakeholders from the government, civil society, business, national human rights institutions, academic, and international organization spheres. Ms. Alexandra Guaqueta, Chair of the UN Working Group on Business and Human Rights (UNWG), will also attend the Dialogue, thereby enabling the expression of views with regard to the UNWG’s current thinking on NAPs. The UNWG has established that NAPs will be a key priority area for their work moving forward, and are currently preparing a report on NAPs to be presented to the UN General Assembly in September 2014. By way of information, the UNWG has prioritized NAPs for its mandate strategy, and the ICAR - DIHR NAPs Project has been welcomed by the UNWG as a valuable source of input. The objectives of the Dialogue are to:

1. Update participants on the latest developments and emerging trends regarding NAPs and State implementation of the UNGPs;

2. Facilitate discussion with business regarding how relevant and valuable NAPs may be for the business community;

3. Provide a platform for business to share best practices and major challenges in working with national governments on business and human rights issues;

4. Provide a platform for businesses to share views about the effectiveness of various ways that governments can shift company practices, for example via regulation, voluntary standards, capacity building, financing, and procurement;

5. Seek business views on what measures may be taken to support development of NAPs, baseline studies, and other strategies for national implementation of key business and human rights frameworks.

The Dialogue will be carried out under the Chatham House Rule. The conveners will produce a short summary report of the Dialogue following the event. This will be made public and feed into the work of diverse institutions working on the topic of UNGP implementation.

AGENDA 14.45 ARRIVALS 15.00 WELCOME, INTRODUCTIONS, AND CONTEXT

Moderator: Mark Hodge, Executive Director, GBI Following a brief welcome and introductions, the first session of the Dialogue will be dedicated to hearing about developments, trends, and future plans regarding NAPs. The objective is to set the scene for the Dialogue with a focus on the various ways businesses could be, or have been, engaging in the development of NAPs. Three speakers will provide their own perspectives on trends, update participants on their own institution’s work in this area, and indicate what they see as the role of business in the development of NAPs. Speakers: • Dr. Claire Methven O’Brien, Special Adviser, Human Rights and Business,

Danish Institute for Human Rights • Mr. Stephen Lowe, Human Rights and Democracy Department, Foreign and

Commonwealth Office, UK Government • Ms. Alexandra Guaqueta, Chair, UNWG on Business and Human Rights Following a brief Q&A, the floor will be open for a few participants to share their experiences and views in relation to the following questions: 1. What is your view on the relevance and importance of NAPs as tools to

support implementation of the UNGPS by States and by businesses? 2. How, if at all, have you been engaged in processes related to NAPs and/or the

development of B&HR standards (either voluntary, regulatory, or multi-stakeholder in nature)?

3. In terms of engaging business leaders in NAP development and

implementation, what advice or ideas do you have? What can businesses contribute?

16.15 BUSINESS VIEWS ON NAP PRIORITIES, CONTENT, AND IMPLEMENTATION

Moderator: Amol Mehra, Director, ICAR

The objective of this session is to hear from participants what guidance or recommendations they have in relation to the scope, content, and priorities of NAPs. In particular, it will be helpful to understand perspectives on specific essential elements that could or should be integrated into a NAP. The moderator will start with an overview of the key messages received from other stakeholders consulted thus far in the context of the ICAR- DIHR NAPs project. We will then open the floor to discuss the following questions:

1. From the perspective of your business, which human rights risks and issues

would you like to see home or host states prioritize (e.g., land, trafficking, migrant workers, reporting requirements, access to remedy)? Are there areas where coordination or multi-lateral collaboration could help?

2. What is the role of rules and regulations when it comes to increasing respect of human rights by companies? What is effective in your view? What should States keep in mind when considering regulatory steps?

3. What are your views about the State using financial tools and market incentives to promote/support/require corporate respect for human rights? What has worked well in your opinion? What has worked less well?

4. In what ways could governments increase awareness of the UNGPs, and implementation of the corporate respect for human rights, by the business community in your country? What steps could they take at home? What steps can they take for their companies abroad?

5. Which governmental departments do you think are key for UNGP implementation by States? What examples do you have of helpful coherence between government departments/functions?

17.45 MOVING FORWARD: GUIDANCE AND ENGAGEMENT OPPORTUNITIES This session will be an opportunity to react to the objectives and deliverables of

the work of DIHR, ICAR, and the UNWG. We will also hear about opportunities to engage in future work and/or meetings. Questions we will address will include:

1. What advice do you have for ICAR - DIHR as they progress in their NAPs

Project, particularly in relation to the tools being developed by this Project and the content and scope of NAPs?

2. What advice do you have for the UNWG as it develops formal guidance to States on the essential elements of NAPs?

18.15 END !

PARTICIPANTS)LIST))John Kornerup Bang Head of Positioning & Strategic Risk

Management

A.P. Møller-Mærsk

Anders Nordstrom Group Advisor Sustainability Affairs ABB

Ron Popper Group Head of Corporate Responsibility

ABB

Philippa Birtwell Head of Reputation Risk Management

Barclays

Thorsten Pinkepank Director, Corporate Sustainability Relations

BASF

David Möeller Manager, Sustainability BASF

Maja Erbs Corporate Sustainability Relations BASF

Lis Culbard Head of Sustainability, Global Infrastructure Business

Bechtel

Ines Andrade Coordinadora de Estándares Sociales

Cerrejόn

Thomas Wise Manager, Global Issues and Policy Chevron

Roger Leese Partner Clifford Chance

Claire Methven O'Brien Chief Adviser, Human Rights & Business

DIHR

Cathrine Poulsen-Hansen Analyst, Human Rights & Business DIHR

Mark Hodge Executive Director GBI

Katryn Wright Programme Director GBI

Andrea Shemberg Advisor/Associate GBI

Catie Shavin Associate GBI

Jo Clark Associate GBI

Mark Nordstrom Senior Labor and Employment Counsel

General Electric

Frances Phillips Taft Associate General Counsel, Labor & Employment

General Electric

Sune Thorsen Founder Global CSR

Desiree Abrahams Programme Manager Global Compact Network UK

Didlier Bergeret Senior Manager GSCP

Johanna Hull Herbert Smith Freehills LLP

Jon Bauer Human Rights Program Manager HP

Amol Mehra Director ICAR

Sara Blackwell Legal and Policy Associate ICAR

Claire White Manager, Social and Economic Development

ICMM

Roper Cleland Senior Manager, Social Responsibility

IPIECA

Rajiv Williams Corporate Head – CSR Jindal Stainless Limited

Emily Barton Manager, Corporate Social Responsibility

Motorola Mobility

Michael Rittersbacher Director, Corporate Responsibility Motorola Mobility

Susanne Stormer Vice President of TBL Management Novo Nordisk A/S

Kasumi Blessing Project Manager, Corporate Sustainability

Novo Nordisk A/S

Felicitas Weber Manager of Investor Engagements, Social Issues

PRI

Liyang Li Adviser, External Affairs (Policy) Rio Tinto

David Holmes Human Rights and Equality Policy Officer

Scottish Government

Andrew Vickers Vice President, NGO and Stakeholder Relations

Shell

Bert Fokkema Global Manager Social Performance Shell

Sylvie van Maris External Communications Shell

Nicoletta Heilsberger Corporate Sustainability Siemens

Zulkifli Zainalin Abidin Executive Vice President, Group Human Resources

Sime Darby

Nadiah Hanim Head Corporate Social Responsibility Sime Darby

Ylva Stiller Head Social Policy & Performance Syngenta

Geri Marti Head of Security Global Syngenta

Stuart Kyle Director Workplace Accountability The Coca-Cola Company

Philip Jordan Chairman of the Ethics Committee Total

Sophie Pierson Juriste Droits de l'Homme - Direction Conformité et Responsabilité societal

Total

Stephen Lowe Human Rights and Democracy Department

UK Foreign and Commonwealth Office

Gerald Pachoud Principal Officer within the Office for Strategic Planning in the Executive Office of the UN Secretary General

UN

Alexandra Guaqueta Chair UN Working Group

Simone Rocha Pinto Human Rights Manager Vale

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MAPS AND DIRECTIONS !Business Dialogue/Consultation on National Action Plans Project 14.45 to 18.15, Wednesday 9th April 2014

Park Plaza Westminster Bridge 200 Westminster Bridge Road London SE1 7UT +44 844 415 6790

Please contact Katryn Wright or Jo Clark if you have any questions

E: Katryn.wright@global-business-initiative.org T: +447772095120

E: Jo.clark@global-business-initiative.org T: +447590505841

RESOURCES

Business and Human Rights Resource Centre: National Action Plans PortalThe BHRRC has dedicated a webpage to the implementation by governments of the UNGPs through the development of NAPs. The page provides information on and access to documents relating to recent updates on projects and national action plans, guidance materials developed by civil society organizations, and copies of final version and draft NAPs. http://www.business-humanrights.org/UNGuidingPrinciplesPortal/ToolsHub/Governments/ TypeInitiative/natlactionplans

ICAR and DIHR National Action Plans (NAPs) Project • NAPs Project Portal, hosted by the Business & Human Rights Resource Centre: ICAR

and DIHR launched the National Action Plans (NAPs) Project in August 2013 with the goal of producing a robust toolkit in order to support the development and evaluation of NAPs on business and human rights in holding governments to account for progress in fulfilling the State duty to protect. The NAPs toolkit is comprised of three key components: 1. a model National Baseline Assessment (NBA); 2. a model National Action Plan (NAP); and 3. proposals for reporting and reviewing States’ implementation of NAPs. Combining research and consultations with stakeholders across Europe, Africa, Latin America, and the Asia-Pacific region, the NAPs Project aims to support progress by States toward effective implementation of the UNGPs. The project actively seeks 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.

The page provides an overview of the NAPs Project, the Project’s concept note, summaries of each of the Project’s regional dialogues to date, information on e-consultations on the Project, and copies of final and draft versions of existing NAPs. http://www.business-humanrights.org/Documents/icar-dihr-naps-project

• 2013 Interim Report: This briefing was prepared by the International Corporate

Accountability Roundtable and the Danish Institute for Human Rights relating to their project, National Action Plans: State Strategies for the Implementation of the UN Guiding Principles on Business and Human Rights. It provides an overview of the State duty to protect, recent NAPs developments in Europe and the US, and the plan and progress of the National Action Plans project. http://www.humanrightsbusiness.org/files/News/National%20Action%20Plans%20Project%20-%20Interim%20Briefing.pdf

UN Working Group and National Action Plans • Repository for NAPS: The UN Working Group on Business and Human Rights has

dedicated a webpage to National Action Plans to provide easy access to existing plans as well as public information on and analysis of the processes associated with developing, implementing and assessing National Action Plans. It is proposed that the materials on this page will be supplemented over time. http://www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx

• Open Consultation (Feb 2014): The BHRRC has also set up a webpage providing access to copies of presentations, submission and interventions made to the UN Working Group in respect of the open consultation on national action plans undertaken in February 2014. Members of the ICAR – DIHR NAPs Project Team presented during the Open Consultation, and their remarks are available here: http://www.business-humanrights.org/UNWorkingGroupPortal/Submissionsinterventions/ Sessions/SeventhSession

• Outcome of the seventh session of the Working Group on the issue of human rights and transnational corporations and other business enterprises: “The Working Group on the issue of human rights and transnational corporations and other business enterprises convened its seventh session from 17 to 21 February 2014 in Geneva. It held discussions on its programme of work and activities for 2014, including: The Working Group’s strategic focus on State national action plans, its roadmap for action in 2014, the launch of its online repository and the annual review process. This report summarizes some of the key items discussed: http://www.global-business-initiative.org/wp-content/uploads/2014/03/wg-seventh-session-outcome-feb-2014.pdf

UK Good Business: Implementing the UN Guiding Principles on Business and Human Rights (September 2013) This is the NAP published by the UK on 4 September 2013. The UK government is the first to publish a national action plan on the implementation of the UN Guiding Principles on Business and Human Rights. The plan sets out measures to be taken by the UK government to support and encourage business to respect human rights – particularly when operating overseas – and also sets out the government’s expectations of UK businesses. This NAP will be reviewed in 2015, and the UK government has stated that it welcomes feedback and suggestions from interested stakeholders. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236901/BHR_Action_Plan_-_final_online_version_1_.pdf

The Netherlands’ Action Plan on Business and Human Rights (December 2013) The Dutch government’s NAP was published on 20 December 2013. It provides an overview of the UN Guiding Principles on Business and Human Rights, current relevant policies in the Netherlands, the results of the government’s consultations with the business community and civil society organizations, and action points for government and business – including in relation to policy coherence due diligence, transparency and reporting, and access to remedy. English: http://www.netherlandsmission.org/appendices/actionplanbhr.html

Dutch:http://www.netherlandsmission.org/binaries/content/assets/postenweb/v/verenigde_staten_van_amerika/the-permanent-mission-to-the-un/actionplanbhr.pdf

US Government resources on business and human rights The US government has not developed an NAP on the implementation of the UNGPs or announced a process or intention to do so. However, on 19 April 2013 it published this document, which illustrates how the US government approaches business and human rights issues and provides examples of laws, regulations and policies relevant to the intersection between these issues and what US companies need to know to respect human rights throughout their global operations. The publication provides an example of the current momentum driving the consideration of business and human rights challenges by governments, even in states where national action plans are not yet in development. Following its publication, Secretary of State John Kerry expressed the need of the US government to encourage business to respect human rights:" http://www.humanrights.gov/wp-content/uploads/2013/06/USG-Approach-on-Business-and-Human-Rights-updatedJune2013.pdf

The Foundations of the Italian Action Plan on the UNGPS (March 2014) The Italian government has released an 84-page document setting out the foundations of its approach to UNGPs implementation. The document addresses multiple areas under the State Duty to Protect including: policies related to agriculture, environment, sustainable development, labor and equal opportunities, foreign direct investments, export credit, public procurements and training for public administration). Under “Access to Remedy” measures the document addresses policies in relation to state judicial and non-judicial remedies. The introduction notes “Many political and parliamentary forces converge on the Italian priorities. In the current legislature, the “Special Commission for the protection and promotion of human rights” within the Senate and the “Permanent Committee on Human Rights” within the Foreign Affairs Commission of the Chamber of Deputies has been set up”. http://www.ohchr.org/Documents/Issues/Business/NationalPlans/NationalPlanActionItaly.pdf

IHRB State of Play Report – Human Rights in the Political Economy of States: Avenues for Application IHRB’s third State of Play report catalogues the approaches being taken by States around the world to embed human rights within their economic activities. The report, “State of Play: Human Rights within the Political Economies of States – Avenues for Application”, aims to unpick some of the motivations, incentives and disincentives driving one of the key business and human rights challenges for States – that of policy coherence. The Report gives examples from over 70 countries of recent State action within States’ economic and human rights agendas, and suggests that enhanced cooperation within and amongst States is needed if the promotion and regulation of more socially and environmentally sustainable business practices is to lead to better human rights outcomes. http://www.ihrb.org/pdf/2014-03-18_State-of-Play_HR-Political-Economy-States.pdf

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