From Rhetoric to Practice: Implementing the UN Guiding Principles on Business and Human Rights

In December 2012 the 1st Annual Business and Human Rights Forum took place at the United Nations in Geneva to consider how best to implement the UN's Guiding Principles on Human Rights (UNGPs). These Principles were unanimously approved by the Human Rights Council in June 2011 after several years of work by the UN Secretary General's Special Representative on Business and Human Rights, John Ruggie. Over 1000 participants attended the Forum, representing 85 countries, including 50 State delegations, 150 companies and 180 civil society organizations, as well as other groups, illustrating the importance of the UNGPs as the current focus of the ongoing global debate about the responsibility of business actors for human rights violations. At the 2012 Forum, Ruggie himself emphasised the importance of the UNGPs, stating that they 'prescribe paths for strengthening and better aligning public governance with social compliance mechanisms and corporate governance in relation to business and human rights' and that 'they aim to generate a mutually reinforcing dynamic that produces cumulative change.' This seminar series will examine the extent to which the UNGPs can ensure business compliance with human rights standards and whether they are in fact acting as an effective catalyst for change.

The UNGPs establish three pillars: the State duty to protect human rights; the responsibility of business actors to respect human rights; and access to remedy. This ESRC Seminar Series proposes a thematic approach to the key implementation issues that emerged from the 2012 Forum and cuts across all three of the so-called 'Protect Respect Remedy' pillars. For example, during the inaugural Forum, concerns were expressed by business actors that many States are failing to uphold their human rights obligations and are seeking to scapegoat the business community for their own failures. Representatives of indigenous groups objected to the lack of specific understanding of the challenges facing indigenous communities and the failure to include indigenous rights within the UNGPs. Civil society generally complained about the lack of effective judicial and non-judicial remedies. These issues affect all business actors in all sectors whether based in the UK or elsewhere.

Building on existing national and international networks, this ESRC seminar series will bring together stakeholders from a variety of academic disciplines (law, geography, politics, international relations), the business sector (law firms, industry) and civil society (National Human Rights Institutions, Non-Governmental Organisations). Participants will contribute to the Annual UN Business and Human Rights Forum 2013 and beyond, as well as to the ongoing work of the Business and Human Rights Working Group established under the UNGPs with a view to influencing future implementation policy. UN Working Group members are keen to attend the Series events and a mechanism will be established to facilitate collaboration and cooperation between seminar participants and the UN Working Group. A series of nine one-day seminars will take place with core group of participants and 6-8 funded speakers will be invited from academia, NGOs, international and regional organisations, government, the legal profession and industry. Additional speakers may be invited at the expense of the host institution. A report from each seminar will be submitted to the UN Working Group, with a final report with recommendations being submitted at the end of the project. In addition, an edited collection of papers from seminars will be published as well as a special edition of the Journal of Conflict and Security Law. It is also hoped that the seminar series will help to establish a network of interested parties who could go on to apply for larger research grants in the area, such as the EU-funded Horizon 2020.

The development of the UN Guiding Principles on Business and Human Rights has led to an emerging global convergence of business and human rights standards after years of regulatory chaos and continuing human rights violations by business actors. International and regional organisations have started to incorporate the UNGPs within their own principles and policies. So, for example, they underpin the OECD Guidelines for Multinational Enterprises 2011, they are incorporated within the human rights chapter of the Guidance on Social Responsibility ISO 26000, and are embodied within the latest Sustainability Framework and Performance Standards of the International Finance Corporation. Furthermore, in 2011 the European Commission published a Communication on Corporate Social Responsibility which set out a new EU policy which should be 'fully consistent' with the UNGP framework.

Importantly, the UNGPs are addressed to all States and apply to all business actors irrespective of where they are operating in the world. Therefore, the UNGPs are of great global significance for governments, industry and their legal advisers, as well as civil society. It is crucial that UK business actors and their legal advisers understand their responsibilities to respect human rights under the UNGPs, both in the UK and abroad. Not only will such understanding ensure that adverse human rights impacts are avoided but adherence to internationally recognised standards will enhance the competitiveness of UK business. This seminar series will contribute to ensuring effective understanding and implementation of the UNGPs within the business community and wider society.

There is ongoing debate and disagreement about the substantive content of the UNGPs as well as a generalised concern about their effective implementation. It is, therefore, important that the academic community contribute to a better understanding and effective implementation of the UNGPs, as well as to their dissemination.

An ESRC Seminar Series which brings together stakeholders from academia, industry, civil society, government and the legal profession will make an important and timely contribution to this topic. Established networks are being utilised to create new collaborative and interdisciplinary research relationships. The structured seminar series proposed will bring together diverse experts and stakeholders working in the field which will enable an ongoing dialogue to take place and so the impact of this project will be wider than the academic community. One of the public seminars will be hosted by the leading international law organisation in the UK and is specifically targeted at industry and the legal profession. Representatives from NGOs and National Human Rights Institutions are involved throughout the project as speakers and participants.

In terms of academic impact, the project will contribute to a special edition of the Journal of Conflict and Security Law, a public website and an edited collection of seminar papers. Furthemore, it is hoped that the new networks established through the seminar series will seek funding for a bigger collaborative research project in the future.

The direct involvement of members of the UN Working Group on Business and Human Rights means that the project partners have a unique opportunity to influence the implementation policy at a global level. Reports from each seminar will be submitted to the Working Group and a final project report will make recommendations for ensuring effective implementation of the UNGPs. The project partners will also submit the reports to the Annual Forum on Business and Human Rights at the UN. There will also be opportunities to engage with policy-makers from the EU and OECD. This research project and the findings generated have a high potential for informing an important ongoing debate about the role of business in society and influencing policy long term both nationally and internationally.