Tag Archive for: Human Rights and Companies

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We participated in the 13th United Nations Forum on Business and Human Rights

On November 25, 26 and 27, we participated in the 13th United Nations Forum on Business and Human Rights, which took place at the United Nations headquarters in Geneva.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The United Nations Annual Forum on Business and Human Rights is the platform for multilateral dialogue that assesses the progress of States and companies in implementing the three fundamental pillars of the Guiding Principles on Business and Human Rights (GHR): Protect, Respect and Remedy. In this way, every year it brings together key actors from governments, international organizations, civil society and companies, creating a broad space for dialogue.

The 13th edition of the forum, entitled “Making the ‘Smart Mix’ for Human Rights in Business Effective”, presented the perspectives of different stakeholders on how to implement a “smart mix” of national, international, voluntary and mandatory measures to strengthen the protection and respect for human rights in business activities. It analysed what has worked so far and what has not, highlighting what is still needed to make the changes proposed by this approach effective, especially for rights holders. The forum also sought to highlight positive practices that have enabled progress in the protection of human rights in the actions of States, companies and other actors.

Among the key themes reflecting important challenges, the Just Energy Transition was highlighted, where the need for companies to implement sustainable practices in a concrete manner and backed by verifiable commitments was discussed. In addition, the importance of recognizing indigenous communities as fundamental actors in the protection of their lands and resources was highlighted, although significant challenges persist in ensuring that their rights are effectively respected in the face of business activity. In this context, the role of development financial institutions was also addressed, emphasizing their responsibility to ensure that the projects they finance comply with human rights standards. Finally, Strategic Climate Litigation was mentioned, which has gained relevance as a tool to hold companies accountable for their negative impacts on climate change and human rights.

One of the key messages that civil society wanted to highlight during the forum was that the protection of human rights should not be seen only as a legal obligation, but as a collective responsibility. Governments, international organisations, civil society and businesses must work together to overcome challenges and achieve meaningful change.

 

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Author

Julieta Boretti

Contact

Gonzalo Roza, gon.roza@fundeps.org

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The National Baseline of the Business and Human Rights Plan is presented

The Argentine Ombudsman’s Office presented the National Baseline on Business and Human Rights. This input will be used to design the National Action Plan on this issue.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The National Baseline is a study that allows evaluating the level of implementation of the United Nations Guiding Principles on Business and Human Rights. In this study, an analysis of the regulatory and public policy gaps in the implementation of the three pillars of the Guiding Principles was carried out: “Protect, respect and remedy” with an overview of the negative impacts of companies on human rights. Among the topics addressed, the following stand out: the regulatory and policy function, the link between the State and companies, political coherence through state activity and the duty of companies to respect and remedy.

With the intention that the preparation of this Baseline be a participatory process, the National Ombudsman’s Office held a series of meetings between October and November 2022 with interested parties to collect inputs. It sought to collect their experiences, opinions and detect needs. The meetings included the participation of civil society organizations and academia, the private sector, state companies, Administration Agencies, unions, ombudsmen and public authorities. Likewise, for the elaboration of the National Baseline, the Office of the Ombudsman of the Nation had the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the International Labor Organization (ILO), Fund of the United Nations Children’s Fund (UNICEF) and the Organization for Economic Co-operation and Development (OECD).

During this process, from Fundeps we actively participate, sending written inputs on regulatory gaps and public policies, making available different working documents and research carried out and participating in the various multi-stakeholder meeting spaces in which we have been summoned.

It should be clarified that the Baseline does not describe conflicts, nor does it carry out a study on the impact on human rights in specific sectors of the economy, nor does it study provincial and/or municipal regulations and public policies, but rather constitutes an analysis of regulatory gaps and of public policies in the implementation of the Guiding Principles at the national level.

What is a National Action Plan?

A National Action Plan on Business and Human Rights is a transversal instrument developed by a State whose objective is to order and give coherence to public policies to comply with its obligation to protect, respect and enforce human rights with respect to negative impacts. of business activities. Through these plans, governments commit to making the United Nations Guiding Principles on Business and Human Rights effective, as well as other standards on the matter.

Among the thematic axes that will be addressed in the Argentina plan are: labor standards; gender equality; diversity and non-discrimination; protection of the environment; companies and policies of Memory, Truth and Justice; corporate governance; due diligence and remediation in companies; technology, personal data and privacy; access to information and public participation in general; promotion of the human rights of groups in situations of vulnerability and/or historically discriminated against; and public governance.

Since 2014, the United Nations Human Rights Council has highlighted the decisive role that business and human rights plans can play in promoting the full and effective application of the Guiding Principles. Therefore, its preparation must be carried out in a participatory and transparent manner, in such a way that the main problems and effects on rights in the context of business activity in the country are addressed.

Access the complete document of the National Baseline here: https://www.dpn.gob.ar/linea-nacional-de-base.php

 

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Author

Julieta Boretti

Contacto

Gonzalo Roza, gon.roza@fundeps.org

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Summary of the report ‘Business and Human Rights: Inter-American standards’

This document is a summary of the report “Businesses and Human Rights: Inter-American Standards” prepared by the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA).

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We participated in a workshop: Beneficiaries of the extractive sector in Argentina

On March 3 and 4, we participated in the workshop on Final Beneficiaries of Companies in the extractive and energy sector of Argentina, held in the City of Buenos Aires. The event was organized by Opening Extractives (a program co-implemented by EITI and Open Ownership) and the Argentine Journalism Forum (FOPEA).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The workshop had among its objectives to raise awareness about the importance of public information of the final beneficiaries, and at the same time, provide resources and materials to increase research, projects and analysis within this field.

In this sense, the training was divided into three modules: first, content and information on final beneficiaries was presented, from the theoretical to the legal and also practical, both nationally and internationally. Those who spoke in this first module were: Andrés Knobel from the Tax Justice Network; María Eugenia Marano, specialist in corporate law; Pamela Morales, Undersecretary of Mining Development of the Government of the Nation; Gonzalo Fernández of the Ministry of Mining Development of the Nation; and Lucía Cirimello from the Extractive Industries Transparency Initiative (EITI).

Secondly, civil society organizations had the opportunity to present their projects related to the theme. In this way, Edgardo Livitnoff (Red Ruido Coordinator) presented progress on the report “Lithium and transparency in Argentina” that we prepared together. For her part, Eugenia Rodríguez (Centro de Economía Política Argentina) shared details about the work of her organization: “The rich of Argentina”.

Finally, the third module consisted of a practical workshop given by Mariel Fitz Patricks, in which tools and resources were provided for approaching final beneficiaries. The journalist helped us, mainly, to access information and how, in this way, to enrich work carried out and to carry out on the subject.
This instance was very fruitful, not only in terms of knowledge and learning, but also in terms of the possibility of meeting peers from other civil society organizations, with whom one could work together in the near future.

 

 

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Author

Maitén de los Milagros Fuma

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

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Argentina advances towards a National Plan on Business and Human Rights

The Ministry of Foreign Affairs, International Trade and Worship is coordinating the process of preparing a National Action Plan on Business and Human Rights. What are the progress so far and the next steps?

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

What are the National Action Plans on Business and Human Rights?

The National Action Plans on Business and Human Rights (PNAEDH) are transversal public policies whose objective is to address the obligation of the State to protect, respect and enforce human rights with respect to the negative consequences of business activities. Through these plans, governments seek to commit to the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP), as well as other business and human rights and Responsible Business Conduct (CER) standards.

The PNAEDH contribute to achieving greater coherence and coordination between the different regulatory frameworks and public policies with an impact on the issue of business and human rights, and contribute to the detection of obstacles and gaps. This makes it possible to establish priorities and commitments for action. Given its transversal and collaborative nature, its preparation requires the representative, broad and plural participation of multiple actors: State agencies, civil society organizations, academia, companies, business and worker organizations, indigenous peoples and potentially affected communities. , among others.

First steps

Argentina, based on recommendations received in the framework of the Universal Periodic Review of the Human Rights Council, assumed the commitment to prepare an Action Plan on Business and Human Rights, a fact that took place in view of its re-election to the Human Rights Council Human Rights on October 14, 2021. For the coordination and leadership of the process of elaboration of the Plan, the Human Rights Directorate of the Ministry of Foreign Affairs, International Trade and Worship of the Nation (MRECIC) was appointed.

Regarding the actions carried out, one of the first steps consisted in the preparation of a Roadmap, which was validated internally by the MRECIC. Next, according to official sources, a mapping of interest groups and agencies with an impact on the matter was carried out and the initiatives and policies, in the process of execution in the country, with some proximity to the matter of companies and human rights and , Responsible Business Conduct to identify possible alliances within the Government.

Priority areas of the Action Plan and preparation of the National Baseline

The Human Rights Directorate commissioned the National Ombudsman’s Office to prepare the National Baseline (LNB) that will serve as a central input for the design of the First Action Plan on Businesses and Human Rights in Argentina. The LNB is a study that allows evaluating the level of implementation of the United Nations Guiding Principles on Business and Human Rights within a State. It is a preliminary diagnosis for the preparation of the Plan and generates the information required for subsequent planning by the person who formulates the public policy.

The National Action Plan on Business and Human Rights will include 11 thematic axes:

  1. Labor standards (child labor, forced labor, human trafficking, health and safety conditions, freedom of association);
  2. Gender equality (salary parity, access to hierarchical positions, harassment and violence in the world of work, care tasks, reconciliation of work and family life, etc.);
  3. Diversity and non-discrimination;
  4. Environment (environmental protection, participation and access to environmental public information, environmental impact assessment; climate change; energy transition);
  5. Companies and policies of Memory, Truth and Justice;
  6. Rights of consumers and users;
  7. Corporate governance (due diligence and remediation in companies – political commitments of companies on issues of human rights and good governance, business policies and international standards of business and human rights, sustainability reporting, risk management);
  8. Technology, personal data and privacy;
  9. Access to information and public participation in general;
  10. Promotion of the human rights of groups in situations of vulnerability and/or historically discriminated against (persons with disabilities, migrants, Afro-descendants, boys, girls and adolescents, LGBTIQ+ people, older people, people deprived of their liberty, indigenous peoples, defenders or others) and,
  11. Public Governance (ethics, integrity, transparency, access to information, anti-corruption, public procurement, management of public companies).

A participatory process

The process of elaboration of the National Base Line must be participatory and offer the possibility that the different parties related to the subject, as well as those people who have an interest, can collaborate. Within this framework, at the beginning of November 2022, in response to an invitation received, we sent inputs and recommendations on five of the aforementioned thematic axes: Environment, Rights of consumers and users, Corporate governance: due diligence and remediation in companies, Access to information and public participation in general, and Public Governance.

We also participated virtually in the first meeting with civil society and academia, organized by the National Ombudsman’s Office, for the preparation of the National Base Line for the National Action Plan on Business and Human Rights. Likewise, in the month of September, we were at the multi-stakeholder discussion table, organized by the CERALC project in Buenos Aires, in which the challenges, opportunities and prospects for advancing due diligence for responsible business conduct in Argentina were discussed. . It is worth mentioning that, from the beginning of the development of the PNAEDH, the Directorate has the support and technical advice of the Office of the United Nations High Commissioner for Human Rights (OHCHR) within the framework of the CERALC Project.

Next steps

According to the work calendar estimated by the national government, the process of elaboration of the Plan is divided into 4 main stages, each one of them with specific activities. The first is the preparation of the National Baseline. Then, as a second instance, capacity building for key actors. As a third stage, the drafting and approval of the PNAEDH is estimated, from January to March 2023. Finally, the publication of the PNAEDH is expected, approximately in June 2023.

Activities and estimated dates

  • Participatory spaces coordinated by the Ombudsman’s Office – September to October 2022
  • Preparation of the National Baseline by the National Ombudsman’s Office – July to November 2022
  • Trainings – October to November 2022
  • Drafting of PAN – January to March 2023
  • Consultations based on the draft PAN – March to May 2023
  • Presentation and publication of PAN – June 2023

Source: https://www.cancilleria.gob.ar/userfiles/recursos/plan-de-trabajo.pdf

The implementation of the business and human rights agenda represents an opportunity to which all stakeholders are called to contribute. It is time for an urgent, deep and real discussion that increases the chances that this global debate will be taken seriously, and evaluated from the perspective of public policies so that a very sober and voluntary National Action Plan is not their single destination.

 

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Authors

Camila Victoria Bocco

Camila Busso

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

 

*Photo taken from the official website of the Argentine Foreign Ministry

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The Seventh session was held on the binding Treaty on Human Rights and companies

From October 25 to 29, the seventh session of the Intergovernmental Working Group was held in Geneva. Delegations from UN member states, movements and civil society organizations participated in the session, which discussed the Third Revised Draft of the binding Treaty on Human Rights and transnational corporations.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The Open-ended Intergovernmental Working Group (IGWG) was created by the United Nations Human Rights Council in 2014 to develop a legally binding instrument to regulate the activities of transnational corporations with respect to human rights. From October 25 to 29, the seventh session of the IGWG was held in Geneva, which discussed the Third Revised Draft of the binding treaty on Human Rights and companies published on August 17, 2021. Not only representatives of the States participated in the session. members, but also civil society organizations and social movements.

The presidency of the IGWG, currently led by Ecuador, opened the seventh session stating that the negotiations should be “led by the States,” which raised concerns about how the contributions of civil society will be included, especially in a context where the that there is a continuous and broad participation of civil society organizations, trade unions, social movements and communities affected by the activities of transnational companies, and as this initiative is one of the most supported processes in the history of the IGWG from the ONU.

On the other hand, this year marked the 10th anniversary of the “Guiding Principles on Business and Human Rights”, one of the most important initiatives at a global level in the protection of human rights in business activity and which constitutes a frame of reference in which complementary duties and responsibilities are explained and distributed between States and Companies. However, its application is voluntary. This anniversary will be the main theme of the United Nations Global Forum on Business and Human Rights that will take place from November 29 to December 1, and will offer the opportunity to evaluate the next achievements made to date, identifying gaps and challenges. , and to inspire renewed momentum for greater and better global enforcement by States and businesses in the next decade.

Más información:

Autor

Julieta Boretti

Contact

Gonzalo Roza, gon.roza@fundeps.org

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The VI Regional Forum on Business and Human Rights for Latin America and the Caribbean was held

The VI Regional Forum on Business and Human Rights in Latin America and the Caribbean was held virtually from October 4 to 6, 2021, under the slogan “Building the business and human rights agenda for the next decade.”

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Ten years after the adoption of the Guiding Principles on Business and Human Rights (PRNU), the Forum was a great opportunity for reflection on the pending challenges and offered a space for dialogue between governments, companies, society civil society and other interested groups such as indigenous peoples, workers’ organizations and international organizations, on trends, challenges and good practices to prevent and address the negative impacts of companies on human rights.

The next decade of the Guiding Principles calls especially on the States of the world to redouble their commitments and take concrete actions to create the enabling conditions for the respect of human rights by companies. However, the participation of other interested parties in the framework of the construction and implementation of the business and human rights agenda has not only proven to be a necessity for legitimacy but also a guarantee for its effectiveness and continuity.

Furthermore, the current world situation and the context of economic reactivation and climate crisis, emphasize the importance of the existence of a business and human rights agenda committed to addressing structural problems that are exacerbated, such as inequality, poverty and informality. and in mitigating the negative effects on human rights caused by the pandemic.
In this scenario, reflect among the different parties involved on the opportunities in the region to build greater coherence between the related agendas and move decisively towards the prevention, mitigation and repair of the negative impacts of business activity on human rights and the environment, it becomes fundamental.

In line with its purpose, during the VI Regional Forum experiences have been discussed and shared in different areas that were included in panels such as: “The consolidation of international coherence for the next decade of Business and Human Rights in the region”, “The role of civil society”, “Instruments of public policy in Business and Human Rights”, “State of the process towards a legally binding instrument on Business and Human Rights”, among others. It should be noted that, prior to the start of the Forum, on October 4, there were different preparatory sessions. From Fundeps we also participate in the preparatory session for Civil Society Organizations.

We celebrate the enrichment of this meeting and reaffirm the need to continue actively participating and strengthening this type of spaces that seek to contribute to a greater implementation of the UNRP in Latin America and the Caribbean through greater appropriation and collective construction of concrete recommendations aimed at States, companies and other parties involved.

We also hope that the dialogue will be fruitful for all the actors and give a boost to the different initiatives in force at the global level for the protection and respect of human rights (such as the National Action Plans on Business and Human Rights or the International Legally Binding Instrument on Transnational Companies and other companies with respect to Human Rights) and that is not only limited to good intentions but also really serves to improve the relationship between business activity, workers, the environment and local communities.

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 VI Foro Regional sobre Empresas y Derechos Humanos en Latinoamérica y el Caribe

Se realizó el V Foro Regional sobre Empresas y Derechos Humanos para América Latina y el Caribe – Fundeps

We present comments on the draft treaty on business and human rights –Fundeps

The V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held – Fundeps

Author

Camila Victoria Bocco

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Equity in the media: why and for what?

In the early morning of June 11, the Law of Equity in the Representation of Genders in the Communication Services of the Argentine Republic was enacted. A Lley product of the feminist struggles in favor of a democratization in the media organizations in both labor spheres and as producers of meaning.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The media have a fundamental role in the construction and reproduction of meanings and representations about social and subjective reality. As such, they can contribute to the support and justification of inequalities or they can question them, both from their speeches through the content they produce and disseminate as well as within themselves, being understood as work spaces with a specific labor organization.
Investigating how media content is produced, who produces it, what is their training and trajectory, and what place each one occupies within the media allows us to have a map of the situation to address the violence and structural gender inequalities that they reproduce within these spaces.
The media companies, specifically the large commercial media, are characterized by their work structure founded from an androcentric approach. What has conditioned the income, permanence, development and work performance of women and, of course, has excluded transvestite, trans, intersex and non-binary people.
This is visible in the labor trajectories differentiated by gender:

Source: Chaher and Pedraza (2018). Media and gender organizations. Córdoba: Fundeps, Communicate Equality.

To make this graph, only binary data were obtained in terms of gender, that is why it has not been possible to reconstruct work trajectories taking into account the diversity of identities, such as transvestites, trans, intersex and non-binary people. At the time the investigation was carried out, there was only a single trans person working in one of the Córdoba media. Currently there is some progress in this regard, although it remains insufficient. It is possible to recognize the structural gender inequalities that make it difficult, even more than for cisgender women, to access employment, particularly in these types of companies with diverse and dissident identities.

Now, when observing the graph, it is possible to notice that although most of the people who graduate from careers related to communication in the city of Córdoba and Buenos Aires are women, less than half of them go to work in the media commercial. Even fewer are promoted to higher positions, a situation that is reproduced again, although with a deeper inequality, in union spaces.
These career paths are traversed by personal paths. Unpaid domestic and care work falls mainly on women and femininity, affecting their autonomy. As a result, they are the majority among part-time workers and hired under precarious regimes in order to reconcile their working life with unequally distributed care responsibilities. To this must be added micro-chauvinisms and all types of violence that are combined with masculinity pacts, which perpetuate these unequal and exclusive structures.

The lack of gender and care policies, as well as the lack of gender awareness and training in a transversal manner, or the delegation of this responsibility to feminist communicators and gender editors, are some of the obstacles that many of the media companies most important in the country have not been able to overcome. Even in a context of profound changes in favor of gender equality and the demands of the audiences.

What does the law say?

The recently enacted Law of Equity in the Representation of Genders in Communication Services of the Argentine Republic is inserted in a national and international legal framework and of historical claims of various social and feminist movements, of which it is the result. Claims that were previously reflected in national legislation, such as Law 26,485 on Comprehensive Protection to prevent, punish and eradicate violence against women in the areas in which they develop their interpersonal relationships, Law 26,743 on Gender Identity and the Law 26,522 of Audiovisual Communication Services, among others. As well as public policies, such as the creation of the Public Defender’s Office and the AFSCA, were the result of the commitments assumed by the State in the fight against gender violence.

Its purpose is “to promote equity in the representation of genders from a perspective of sexual diversity in communication services, whatever the platform used” in all the country’s communication media, although it is only mandatory for those of management state. This law does not seek parity, but goes further: it is based on the principle of equity and the inclusion of all gender gender identities in all positions of the media labor structures, breaking with binarism. the promotion of democratization and diversity of voices and their labor structures.

This democratization process from a gender and diversity perspective is understood as gradual, gradual and only mandatory for state-run media, while privately managed media will be encouraged through the preference in assigning official guidelines in cases to carry out measures in the sense proposed by this law.

These positive action measures move away from the punitive paradigm to establish proactive policies that encourage transformations respecting the times and processes of each privately managed media.

In turn, the corresponding authority will be created for the implementation of the law in order to guarantee its compliance.

We celebrate these legal advances that are the result of the insistent struggle of feminist movements, especially feminist communicators and journalists who in their daily practices sustained, and still do, transformations inside and outside their work spaces. We are aware that the struggle does not end with the enactment of a law, but requires a comprehensive and intersectional implementation plan to achieve real equality and make the rights formally sanctioned tangible.

We will keep our attention on the implementation of the law and the public policies designed and carried out to achieve it.

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Why does Argentina still not have a National Action Plan on Business and Human Rights?

In the sixth session of the United Nations Intergovernmental Working Group on Business and Human Rights, negotiations were held on the second legally binding treaty to regulate the activity of transnational companies. There is still time for this instrument to come into force, so it is still important that Argentina finalize the review of its National Plan of Action on Business and Human Rights so that the State exercises its responsibility to disseminate and implement the Guiding Principles on the business and human rights.

The United Nations Guiding Principles on Business and Human Rights have emerged as a global standard for businesses and governments to prevent and address business-related human rights violations.

Next year, the Principles will be 10 years old, for this reason, the UN Intergovernmental Working Group, in charge of preparing a legally binding treaty on this matter, has launched in the middle of this year a new project ‘UNGPs10 + / NextdecadeBHR’ with the purpose of outlining the steps to follow for the next 10 years in the area of ​​business and human rights. In addition, it will take stock of the achievements obtained so far and analyze future challenges and existing gaps.

However, the Guiding Principles have worked and function as guides for States and businesses on how to protect and respect human rights and how to make reparation for victims. But, often, the distance between what the Principles have is usually far from the internal regulations of each State. For this reason, many countries have developed National Action Plans -PAN- so that the States are responsible for the dissemination and implementation of the Guiding Principles. Also, the NAPs serve as instruments of change capable of adapting to the local context but they do not hold transnational companies responsible for human rights violations, which is why it is relevant to have a legally binding treaty on this matter.

Thus, efforts to develop a legally binding treaty on business and human rights began in 2014. Since then, the Intergovernmental Working Group has worked to perfect this instrument by improving the content, scope, nature and form of the instrument. Last year, the Revised Draft of the binding treaty was published and discussed at the Annual Forum held in October 2019. In August this year, the Chair of the Intergovernmental Working Group published the Second Revised Draft of the legally binding instrument to regulate the activities of the companies and in October the sixth period of negotiations between the parties involved will be held.

However, until the approval and adoption of the Treaty by the States, the preparation and application of the NAPs continues to be necessary. So how is Argentina doing on this issue?

On the website of The Danish Institute for Human Rights, there is a map that details which countries already have a NAP, which are developing it, and which have other non-state initiatives. Argentina is in the group of countries that is still developing its National Action Plan. Consequently, and due to the importance of having a NAP, in September we made a request for information to the national government, consulting the status of the Argentine National Action Plan on companies and human rights. The response was provided in two parts, first in late September and then the information was completed in mid-October.

The Argentine PAN has already been prepared and for it to enter into force a decree from the President of the Nation is necessary. However, the Nation reported that the Draft Decree for the approval of the National Business and Human Rights Action Plan is under review by government authorities. Moreover, it has not yet been defined whether the participation of civil society through public consultations will be allowed, which is necessary to achieve a greater commitment to guarantee the respect and protection of human rights by the State and companies. transnational corporations and effective remedies for the victims.

When consulting on the position of the national government regarding the legally binding instrument, the Ministry of Foreign Relations replied that Argentina abstained from Resolution 26/9 of 2014, which approves the constitution of an Intergovernmental Working Group for the purpose to develop a legally binding international instrument to regulate the activities of transnational corporations and other commercial companies with respect to human rights. However, Argentina has participated in all the sessions held by the working group and was present at the last session in October this year.

So, it is not only necessary and urgent that the UN Working Group advance in the elaboration and conclusion of the Treaty, it is also urgent that Argentina do the same with its National Plan of Action on business and human rights. As the plans are oriented according to the Guiding Principles, elaborated according to the context of each State, they must be the product of transparent, participatory processes and open to dialogue. For this reason, it is essential that the National Government jointly review with civil society, academia, unions and other interested parties, the draft of the PAN so that it effectively serves as an instrument in the elimination of obstacles and in the promotion of good practices in the compliance with human rights related to business activities.

From Fundeps we will continue to monitor the process of elaboration of the Argentine PAN as well as the International Legally Binding Treaty on transnational companies and human rights.

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Author

  • Sofia Brocanelli

Contact

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9th Annual Forum on Business and Human Rights

From today until Wednesday, November 18, the 9th Annual United Nations Forum on Business and Human Rights will take place virtually.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Today and until Wednesday, the 9th Annual Forum on Business and Human Rights organized by the United Nations High Commissioner for Human Rights takes place. Due to the pandemic, this year, the Forum will be held virtually, allowing greater participation of organizations and communities from different parts of the world. Under normal circumstances, face-to-face participation in this forum is difficult due to distances and economic issues, so its realization in a virtual format means a great advance.

The theme of this year’s event is “Preventing Business-Related Human Rights Abuses: The Key to a Sustainable Future for People and the Planet”. The Forum brings together companies, investors, government representatives, civil society organizations, community groups, UN agencies, national human rights institutions, unions, academies and the media.

However, due to the Covid-19 pandemic, the Forum will consider how States and the business community should respond to it in a way that respects and protects human rights as well as the need to build a sustainable and people-centered recovery. .

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org 

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The V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held

The V Regional Forum on Business and Human Rights in Latin America and the Caribbean, which was held virtually on this occasion, focused mainly on the vulnerabilities that were deepened by the current situation of the COVID-19 pandemic in the region.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

From September 7 to 11, the V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held virtually. The objective of this Forum is to host governments at all levels, companies, NGOs, indigenous communities and other civil society organizations in the same space with the aim of functioning as a means for dialogue between these actors.

The Regional Forums have become a key space in Latin America and the Caribbean, and in other regions of the world, so that the aforementioned actors can exchange visions and information on new business practices, legal systems, economic development plans and others. activities that can affect the human rights of different people or groups, report on these events and find solutions in a joint way, covering all spaces of society.

In the wake of the COVID-19 pandemic, this year’s Forum paid special attention to those vulnerabilities that were deepened by the current situation; those people or communities that were already in unfavorable situations, and that, due to the global pandemic, their situation has worsened. The challenges that arise in this complex and unforeseen scenario must be addressed in a comprehensive manner and with all actors in society, from companies and governments to civil society and local communities, in order to overcome this crisis in an economically viable way. and environmentally sustainable.

The task in the post-pandemic will be to recover the standards of living lost during this year, especially due to the loss of employment, at the same time that the productive matrix and the business practices of the countries are reformulated towards a more sustainable and friendly one with the human rights. One of the instruments that can be implemented to achieve this objective are the “United Nations Guiding Principles on Business and Human Rights”, also known as “Ruggie Principles”, drawn up in 2011 within the framework of the UN.

Broadly speaking, these 31 principles can be summarized in three pillars:

  • The duty of states to protect and safeguard human rights and freedoms.
  • The corporate responsibility to respect these rights.
  • Access to damage repair mechanism.

Currently, within the framework of the UN, negotiations and meetings are being carried out to carry out a legally binding international treaty on the responsibility of transnational companies for the human rights of the communities where they carry out their activities. This year, the treaty is in a sixth instance of review that will be discussed at the 9th annual UN Forum on Business and Human Rights, which will take place virtually from November 16 to 18.

We hope that the negotiations underway will culminate in a fruitful agreement for all the actors and above all with an agreement and correct implementation, which is not only limited to good intentions but also really serves to improve the relationship between business activity, the environment environment and local communities.

In turn, there are other general guidelines that can be followed and implemented to achieve the post-pandemic objectives, such as the “OECD Guidelines for Multinational Companies” or the “Tripartite Declaration of Principles on Multinational Companies and Social Policy” of the International Labor Organization (ILO).

Regional forums such as the one held in September, or those of a global nature such as the one to be held in November, constitute key spaces. Not only to advance the aforementioned initiatives underway, but also to deepen dialogue and promote greater articulation between the different actors involved in the processes aimed at ensuring greater promotion and protection of human rights by the private sector.

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The United Nations Annual Forum on Business and Human Rights was held

The eighth annual United Nations Forum on Business and Human Rights in Geneva was held from November 25 to 27. The Forum was attended by representatives of the Member States, Civil Society Organizations and other interested actors.

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The United Nations Annual Forum on Business and Human Rights is the global platform for evaluating and exchanging lessons learned about efforts to ensure that the UN Guiding Principles on business and human rights are not only theoretical, but applied in practice. More than 2000 people participate, including government, companies, community groups and civil society, law firms, UN agencies, academia, investors, media, among others.

The objective of the annual meetings of the Forum is to serve as an international platform where the actors involved evaluate and analyze the application of the UN Guiding Principles. In addition, it will seek to promote cooperation and dialogue regarding the issue of business and human rights. The meeting chairs the Working Group on Business and Human Rights.

This year, the forum focused on governments demonstrating progress, commitments and plans for the implementation of the State’s duty to protect and strengthen accountability. The agenda focused on what governments have to do in order to promote respect for human rights by companies and encourage them to develop responsible business behavior.

From Fundeps, the business and Human Rights agenda is transversal to all areas. Therefore, we monitor the results of the sessions and the annual Forums in the framework we work on the Guiding Principles and the binding treaty.