asia:pacific!dialogue!on! national!implementation! of

O.P. Jindal Global University Delhi, India

11-‐12 April 2014

Asia-‐Pacific Dialogue on National Implementation of Business and Human Rights Frameworks

INITIATED BY THE NATIONAL ACTION PLANS (NAPS) PROJECT OF THE INTERNATIONAL CORPORATE ACCOUNTABILITY ROUNDTABLE (ICAR)

AND THE DANISH INSTITUTE FOR HUMAN RIGHTS (DIHR)

WITH SUPPORT FROM

AND SPECIAL THANKS TO Dr. Surya Deva, Associate Professor, School of Law, City University of Hong Kong

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Participants

Country Name Affiliation

Governments 1 Bangladesh Md. Faizur Rahman Joint Secretary, Ministry of Labour and Employment Civil Society / NGOs / Indigenous Organizations / Academia 2 International Mr. Amol Mehra Director, International Corporate Accountability Roundtable

(ICAR) 3 International Ms. Sara Blackwell Legal and Policy Associate, International Corporate

Accountability Roundtable (ICAR) 4 International Dr. Surya Deva Associate Professor, School of Law, City University of Hong

Kong 5 Afghanistan Mr. Javed Noorani Lead on Extractives, Integrity Watch Afghanistan 6 Australia Ms. Rachel Ball Director, Advocacy and Campaigns, Human Rights Law Centre 7 Australia /

Bangladesh Dr. Mia Rahim Queensland University of Technology, Brisbane, Australia

8 India Prof. C. Raj Kumar Vice Chancellor, O.P. Jindal Global University; Dean, Jindal

Global Law School 9 India Prof. Elizabeth

Griffin Professor and Executive Director, Centre for Human Rights

Studies, Jindal Global Law School 10 India Dr. Nupur

Chowdhury Associate Professor and Executive Director, Centre for

Environment and Climate Change, Jindal Global Law School 11 India Prof. R. Sudarshan Dean, Jindal School of Government and Public Policy 12 India Prof. Shiv

Visvanathan Vice Dean, Jindal School of Government and Public Policy

13 India Prof. Rajeev

Malhotra Professor and Executive Director, Centre for Development and

Finance, Jindal School of Government and Public Policy 14 India Prof. C. Gopinath Dean, Jindal Global Business School 15 India Ms. Komala

Ramachandra South Asia Director, Accountability Counsel

16 India Dr. Harpreet Kaur South Asia Researcher & Representative, Business & Human

Rights Resource Centre (BHRRC) 17 India Mr. Viraf Mehta International Advisory Member, South Asia, Business &

Human Rights Resource Centre 18 India Mr. Venkatesh

Nayak Commonwealth Human Rights Initiative

19 India Ms. Laura Ceresna

Chaturvedi Policy Advisor Corporate Accountability, Cividep India

20 India Mr. Gopinath K.

Parakuni General Secretary, Cividep India

21 India Dr. Leïla

Choukroune Executive Director, Centre de Sciences Humaines (CSH), Delhi

22 India Dr. Rituparna

Majumdar Social Scientist and Director of Etico Consultancy

23 India Mr. Vikram

Srivastava Independent Consultant

24 India Ms. Anima Pushpa

Toppo Jharkandis Organisation for Human Rights ( JOHAR), India; Executive Council, Asia Indigenous Peoples Pact (AIPP)

25 Japan Attorney Saito Makoto

Chair, CSR Project Team of the Japan Federation of Bar Associations (JFBA)

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26 Japan Attorney Daisuke Takahashi

CSR Project Team of the Japan Federation of Bar Associations (JFBA)

27 Korea Mr. Jong Chul Kim Attorney, Advocates for Public Interest Law (APIL) 28 Nepal Mr. Ramesh Badal Lawyer 29 Singapore /

Regional Ms. Delphia Lim Staff Attorney, Accountability Counsel

30 Thailand /

Myanmar Dr. Matthew Mullen Institute for Human Rights, Mahidol University, Thailand

31 Thailand Ms. Joan Carling Secretary General, Asia Indigenous Peoples Pact (AIPP) Business / Investment Community 32 India Ms. Divya Jyoti Programme Manager, Centre for Responsible Business (CRB) 33 India Ms. Jyoti Vij Deputy Secretary General, Federation of Indian Chamber of

Commerce and Industry (FICCI) 34 India Mr. Pooran Chandra

Pandey Executive Director, UN Global Compact Network India

35 Japan Mr. Hiroshi Ishida Caux Round Table (CRT) National Human Rights Institutions (NHRIs) 36 Australia Ms. Sarah McGrath Adviser to the President, Australian Human Rights

Commission, Australian Human Rights Commission 37 Afghanistan Homayon Hashimi Public Relations Officer, Afghan Independent Human Rights

Commission 38 Afghanistan Wahiduddin Argon Commissioner, Afghan Independent Human Rights

Commission 39 Bangladesh Ms. Adv Fawzia

Karim Hashimi Member, National Human Rights Commission (Bangladesh)

40 Denmark Ms. Cathrine

Poulsen-‐Hansen Danish Institute for Human Rights

41 Germany Mr. Christopher

Schuller German Institute for Human Rights

42 Germany Mr. Deniz Utlu German Institute for Human Rights 43 India Mr. J.S. Kochher National Human Rights Commission (India) 44 Korea Mr. Junsik Hong National Human Rights Commission of Korea 45 Malaysia Paremeswari

Subramaniam SUHAKAM, The Human Rights Commission of Malaysia

46 Mongolia Mr. Jamsan

Byambadorj Chief Commissioner, National Human Rights Commission

(Mongolia) 47 Myanmar

(Burma) Ms. Daw Than Nwe Member, Myanmar National Human Rights Commission

48 Thailand Ms. Pornnapa

Meechana Director of Human Rights Protection Unit, Secretary to the

Sub-‐Committee on ESCR, National Human Rights Commission (Thailand)

49 Thailand Mr. Ekachai Pinkaew

Human Rights Official (Professional Level), International Human Rights Unit, National Human Rights Commission

(Thailand)

Other 50 International Ms. Ragnhild

Handagard Associate Human Rights Officer, Office of the High

Commissioner for Human Rights (OHCHR) 51 International Mr. John Grova Secretariat of the UN Working Group on Business and Human

Rights 52 International Ms. Ruchira Gujral India CSR Specialist, UNICEF 53 International Ms. Nelleke van

Amstel Geneva Centre for the Democratic Control of Armed Forces

(DCAF)

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Objectives of the Dialogue

1. Examine business and human rights (BHR) frameworks at the international, regional,

and national levels;

2. Provide a platform for stakeholders in the Asia-‐Pacific region to share experiences on national and regional efforts to implement BHR frameworks to date;

3. Discuss best practices and major challenges in addressing key BHR issues within the

Asia-‐Pacific region;

4. Discuss the concept of National Action Plans (NAPs) on business and human rights with regional stakeholders;

5. Share developments on NAPs globally and in regions outside the Asia-‐Pacific region with regional stakeholders;

6. Outline different approaches to developing NAPs and baseline studies, including

desk-‐based and community-‐driven approaches;

7. Facilitate discussion with regional stakeholders regarding how relevant and valuable NAPs may be for the Asia-‐Pacific context;

8. Seek regional stakeholders’ views on how NAPs may be integrated into Asia-‐Pacific

regional human rights processes and dialogues, as well as wider governance processes;

9. Seek views on what measures may be taken to support all actors in the region as

they work for the development of NAPs, baseline studies, and other strategies for national implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) and other BHR frameworks;

10. Provide a launch pad for collaboration on national and regional efforts to implement

the UNGPs and other BHR frameworks across the Asia-‐Pacific region.

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Agenda

DAY 1: FRIDAY, 11 APRIL 2014

Day 1 of the Asia-‐Pacific Dialogue on National Implementation of Business and Human Rights Frameworks will use the “roundtable” model for each of the substantive sessions included in the proposed agenda for Day 1 below. Under this model, a number of pre-‐selected “lead discussants” will begin each session with short presentations, followed by an open platform for questions and comments from the Dialogue group as a whole.

9:00 AM – 9:30 AM

• Welcome and Introduction of Participants (20 minutes) o Professor C. Raj Kumar, Vice Chancellor of O.P. Jindal Global University and

Dean of Jindal Global Law School (10 minutes) o Mr. Amol Mehra, International Corporate Accountability Roundtable (ICAR)

(10 minutes) • Introduction to the ICAR-‐DIHR National Action Plans (NAPs) Project and

Presentation of Objectives and Day 1 Agenda (10 minutes) o Ms. Sara Blackwell, International Corporate Accountability Roundtable (ICAR)

9:30 AM – 10:45 AM

• The Landscape of Business and Human Rights at the International Level: Global Frameworks and Implementation Developments

o Overview of key international frameworks and standards, including multi-‐stakeholder initiatives (10 minutes)

! Dr. Surya Deva, Associate Professor, School of Law, City University of Hong Kong

o Presentations on implementation of international frameworks by stakeholder groups working outside of the Asia-‐Pacific region (40 minutes)

! Ms. Ragnhild Handagard, Associate Human Rights Officer, Office of the High Commissioner for Human Rights (OHCHR) (10 minutes)

! Dr. Harpreet Kaur, South Asia Researcher and Representative, Business & Human Rights Resource Centre (BHRRC) (10 minutes)

! Ms. Nelleke van Amstel, Geneva Centre for the Democratic Control of Armed Forces (DCAF) (10 minutes)

! Ms. Ruchira Gujral, India CSR Specialist, UNICEF (10 minutes) o Open dialogue (25 minutes)

! Facilitated by Mr. Amol Mehra, International Corporate Accountability Roundtable (ICAR)

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10:45 AM – 11:15 AM • Tea / Coffee Break

11:15 AM – 12:45 PM

• The Landscape of Business and Human Rights at the Regional Level: Asia-‐Pacific Frameworks and Implementation Developments

o Overview of key regional frameworks and standards, including multi-‐stakeholder initiatives (10 minutes)

! Ms. Delphia Lim, Staff Attorney, Accountability Counsel o Presentation on issues related to extractives, land, and environmental

degradation (10 minutes) ! Dr. Nupur Chowdhury, Associate Professor and Executive Director,

Centre for Environment and Climate Change, Jindal Global Law School o Presentations on issues related to labor rights and indigenous rights (20

minutes) ! Dr. Leïla Choukroune, Executive Director, Centre de Sciences Humaines

(CSH), Delhi (10 minutes) ! Ms. Joan Carling, Secretary General, Asia Indigenous Peoples Pact

(AIPP) (10 minutes) o Presentation on home state accountability for offshore human rights

violations (10 minutes) ! Ms. Rachel Ball, Director, Advocacy and Campaigns, Human Rights

Law Centre o Open dialogue (40 minutes)

! Facilitated by Professor Elizabeth Griffin, Professor and Executive Director, Centre for Human Rights Studies, Jindal Global Law School

12:45 PM – 2:00 PM

• Lunch Break 2:00 PM – 3:15 PM

• The Landscape of Business and Human Rights at the National Level: Domestic Frameworks and Implementation Developments

o Examples of domestic models for implementation of business and human rights frameworks (30 minutes)

! Mr. Javed Noorani, Lead on Extractives, Integrity Watch Afghanistan (10 minutes)

! Dr. Matthew Mullen, Institute for Human Rights, Mahidol University, Thailand (10 minutes)

! Attorney Makoto Saito and Attorney Daisuke Takahashi, CSR Project Team of the Japan Federation of Bar Associations (JFBA) (10 minutes)

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o Open dialogue (45 minutes)

! Facilitated by Professor Rajeev Malhotra, Professor and Executive Director, Centre for Development and Finance, Jindal School of Government and Public Policy

3:15 PM – 3:45 PM

• Tea / Coffee Break 3:45 PM – 5:00 PM

• Continued Session on the Landscape of Business and Human Rights at the National Level: Domestic Frameworks and Implementation Developments

o Examples of domestic models for implementation of business and human rights frameworks (40 minutes)

! Ms. Adv Fawzia Karim, Business and Human Rights Committee, National Human Rights Commission (Bangladesh) (10 minutes)

! Mr. J.S. Kochher, Joint Secretary (Training and Research), National Human Rights Commission (India) (10 minutes)

! Dr. Mia Rahim, Queensland University of Technology, Brisbane, Australia (10 minutes)

! Mr. Ramesh Badal, Lawyer, Nepal (10 minutes) o Open dialogue (35 minutes)

! Facilitated by Professor C. Gopinath, Dean, Jindal Global Business School

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DAY 2: SATURDAY, 12 APRIL 2014 Day 2 of the Asia-‐Pacific Dialogue on National Implementation of Business and Human Rights Frameworks will begin with “single-‐stakeholder dialogues” on National Action Plans (NAPs), where each stakeholder group will break out into parallel sessions in separate rooms for the morning of Day 2. See below for a breakdown of the separate stakeholder groups. Then, during the afternoon of Day 2, all stakeholder groups will reconvene for “multi-‐stakeholder dialogues” on NAPs. Guiding questions for all Day 2 sessions are included at the end of this program. Stakeholder group facilitators:

• Governments: To be confirmed • Civil society / NGOs / indigenous organizations / academia: Mr. Amol Mehra and Ms.

Sara Blackwell, International Corporate Accountability Roundtable (ICAR) • Business / investment community: Mr. Hiroshi Ishida, Caux Round Table (CRT) and Ms.

Jyoti Vij, Deputy Secretary General, Federation of Indian Chamber of Commerce and Industry (FICCI)

• National Human Rights Institutions (NHRIs): Mr. Christopher Schuller and Mr. Deniz Utlu, German Institute for Human Rights

NOTE FOR NHRI STAKEHOLDER GROUP ONLY: The German Institute for Human Rights (DIMR) will lead a workshop on transnational NHRI cooperation in business and human rights cases with the NHRI stakeholder group ONLY from 9:00 am to 10:30 am during the morning of Day 2. This workshop will then be followed by a shortened version of the below single-‐stakeholder dialogues, from 11:00 am to 12:30 pm. 9:00 AM – 9:15 AM

• Summary of Day 1 Outcomes and Presentation of Day 2 Agenda (15 minutes) o Ms. Sara Blackwell, International Corporate Accountability Roundtable (ICAR)

9:15 AM – 10:30 AM

• Single-‐Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights

o Scope, content, and priorities for NAPs: perspectives and recommendations from Dialogue participants (40 minutes)

o Processes for developing and following-‐up on NAPs: perspectives and recommendations from Dialogue participants (35 minutes)

10:30 AM – 11:00 AM • Tea / Coffee Break

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11:00 AM – 12:30 PM • Continuation of Single-‐Stakeholder Dialogues on National Action Plans (NAPs) on

Business and Human Rights o Supporting implementation of the UNGPs in the Asia-‐Pacific region through

the development of NAPs: challenges and opportunities (45 minutes) o Recommendations for initiatives beyond NAPs and strategies for putting

initiatives into practice (45 minutes) 12:30 PM – 1:45 PM

• Lunch Break

1:45 PM – 3:15 PM • Multi-‐Stakeholder Dialogues on National Action Plans (NAPs) on Business and

Human Rights o Presentations to Dialogue plenary by representatives from each stakeholder

group on outcomes of single-‐stakeholder dialogues: key recommendations, concerns, and future initiatives (15 minutes each = 60 minutes total)

! Representative from governments ! Representative from civil society / NGOs / indigenous organizations /

academia ! Representative from business/investment community ! Representative from National Human Rights Institutions (NHRIs)

o Open Dialogue (30 minutes) ! Facilitated by Mr. Pooran Chandra Pandey, Executive Director, UN

Global Compact Network India 3:15 PM – 3:45 PM

• Tea / Coffee Break 3:45 PM – 5:00 PM

• Continuation of Multi-‐Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights

o Next steps: opportunities and challenges in multi-‐stakeholder collaboration for the advancement of the business and human rights agenda (60 minutes)

! Facilitated by Professor R. Sudarshan, Dean, Jindal School of Government and Public Policy

• Closing Remarks (15 minutes) o Professor Shiv Visvanathan, Vice Dean, Jindal School of Government and

Public Policy o Mr. Amol Mehra, International Corporate Accountability Roundtable (ICAR)

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NAPs Project: Concept and Outline

In 2005, the UN Secretary General appointed a Special Representative on Business and Human Rights to address the widespread lack of clarity on the roles and obligations of States and businesses with regard to human rights. This three-‐year mandate resulted in the UN’s “Protect, Respect, and Remedy” Framework for Business and Human Rights and was subsequently extended by a further three years to ‘operationalize’ the Framework with the aim of providing practical guidance on steps that can be taken by States, businesses, and other actors to implement the Framework. This mandate resulted in the UN Guiding Principles on Business and Human Rights (UNGPs). The UN Human Rights Council (UNHRC) unanimously endorsed the UNGPs in 2011. Both the Framework and the UNGPs rest on three complementary and interrelated pillars:

The aim of the UNGPs is to guide governments, corporations, and other relevant stakeholders in ensuring that business operations around the world do not negatively impact and abuse human rights. Since the adoption of the UNGPs, States from a variety of regions around the globe have committed in principle to the UNGPs and other business and human rights (BHR) frameworks, yet significant work remains to be done on the part of governments to formulate actual implementation strategies—such as National Action Plans (NAPs)—to carry out these commitments. In August 2013, the International Corporate Accountability Roundtable (ICAR) and the Danish Institute for Human Rights (DIHR) launched a joint project, entitled National Action Plans: State Strategies for the Implementation of the UN Guiding Principles on Business and Human Rights. The goal of the Project is to produce a robust Toolkit to support the development and evaluation of NAPs and other State-‐level measures for the implementation of international and regional BHR frameworks, including the UNGPs. The NAPs Toolkit will comprise three parts:

• Pillar 1: The State duty to protect against human rights abuses by third parties, including businesses, by taking appropriate steps to prevent, investigate, punish, and redress such abuses through effective policies, legislation, regulations, and adjudication.

• Pillar 2: The corporate responsibility to respect human rights, which means that companies are expected to avoid infringing on the human rights of others and to address adverse human rights impacts with which they are involved.

• Pillar 3: Access to remedy, which requires both States and businesses to ensure that victims of business-‐related human rights abuses have greater access to effective remedy, both judicial and non-‐judicial.

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The NAPs Toolkit will draw on internationally and regionally recognized standards addressing responsible business conduct outside of the UNGPs in order to give specific content to the UNGPs framework. Such standards include:

• International human rights instruments, including the International Bill of Rights and the ILO Core Labor Standards, as well as other standards, such as the CRC, CEDAW, CERD, and UNDRIP;

• Regional human rights instruments; • Other relevant international legal standards or policies; • Other voluntary or private sector-‐based and thematic standards.

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 all three Pillars of the UNGPs. The Project will actively seek 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 (UNWG), which was established by the UNHRC in 2011 to promote the effective and comprehensive dissemination and implementation of the UNGPs. The NAPs Project’s final Toolkit and Report are scheduled for release in June 2014. See below for the full NAPs Project timeline.

1. A model National Baseline Assessment (NBA) • Organized systematically with reference to each of the UNGPs and the sub-‐

components of individual UNGPs under Pillars I and III, which most directly require State action

• Reflecting bottom-‐up (community-‐led) and top-‐down (desk-‐based) methodologies in assessing a State’s point-‐of-‐entry in implementing the UNGPs

• Providing a framework for assessing State progress in UNGPs implementation over time

2. A model National Action Plan (NAP) • Building on the model National Baseline Assessment (NBA) • Addressing both minimum content and a human rights-‐based consultation

process for developing NAPs • Addressing issues both within and beyond the State’s territorial jurisdiction • Addressing all relevant aspects of State regulation, including law, policy,

procurement, investigation, monitoring, auditing, reporting, incentives and penalties regimes, and public information

3. Proposals for reporting and reviewing States’ implementation of the UNGPs • At sub-‐regional, regional, and/or global levels • On a periodic basis • Addressing alternative modalities, such as peer and expert review

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NAPs Project: Timeline

August 2013 Project Team established and Project launched September 2013 Informal consultations with stakeholder groups at Third Annual

ICAR Meeting in Washington, DC

October 2013 Phone/online/in-‐person consultations with governments, civil to April 2014 society, businesses, the investment community, academia, and

national human rights institutions (NHRIs) October 2013 European Civil Society Dialogue, Brussels, Belgium November 2013 African Civil Society Dialogue, Accra, Ghana

Consultation with NANHRI Members, Accra, Ghana

December 2013 Global Consultation at the UN Forum on Business and Human Rights, Geneva, Switzerland

March 2014 Consultation with regional stakeholders during Latin America

Dialogue on National Implementation of Business and Human Rights Frameworks, Bogotá, Colombia

April 2014 Consultation with regional stakeholders during Asia-‐Pacific

Dialogue on National Implementation of Business and Human Rights Frameworks, Delhi, India

June 2014 Project Toolkit and Report finalized and publicly disseminated

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Asia-‐Pacific Dialogue on National Implementation of Business and Human Rights Frameworks

11-‐12 April 2014 – Delhi, India

Single-‐Stakeholder Dialogues: Guiding Questions

Discussion 1 – 45 minutes – Supporting implementation of the UNGPs in the Asia-‐Pacific region through the development of NAPs: challenges and opportunities

1. Are NAPs relevant and valuable for the Asia-‐Pacific context, particularly from your stakeholder group’s perspective? Why or why not?

2. What measures would you recommend for supporting the development of NAPs in the Asia-‐Pacific context, specifically?

3. What are the key opportunities and challenges for developing NAPs in the Asia-‐

Pacific region?

Discussion 2 – 45 minutes – Processes for developing and following up on NAPs: perspectives and recommendations from Dialogue participants

1. What process would you like to see as governments develop NAPs? Which stakeholders should be included? What should the consultation process look like?

2. What are your recommendations, both in terms of content and process, for National Baseline Assessments on business and human rights in the Asia-‐Pacific region?

3. What would be your recommended process for following up on NAPs? What existing

monitoring and reporting modalities, at regional and international levels, would be most helpful for follow-‐up and evaluation of NAPs?

Discussion 3 – 45 minutes – Scope, content, and priorities for NAPs: perspectives and recommendations from Dialogue participants

1. Has the government prepared, or is it in the process of preparing, a NAP or other national strategy on business and human rights? If so, what are the major strengths and weaknesses of the plan or strategy?

2. What minimum content would you like to see included in a model NAP?

3. What issue areas or sectors should be prioritized in the content of NAPs?

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Discussion 4 – 45 minutes – Recommendations for initiatives beyond NAPs and strategies for putting initiatives into practice

1. What measures, beyond NAPs, should be taken to support the national implementation of business and human rights frameworks?

2. What are your recommended strategies for implementing measures that either include or go beyond NAPs?

3. What measures may be taken to support and/or encourage collaboration within

and/or across stakeholder groups as they develop and work to implement such measures?

Multi-‐Stakeholder Dialogues: Guiding Questions

Discussion 1 – 15 minutes per stakeholder group = 60 minutes total – Presentations to Dialogue plenary by representatives from each stakeholder group on outcomes of single-‐stakeholder dialogues: key recommendations, concerns, and future initiatives

1. What key opportunities, challenges, and/or concerns did the stakeholder group identify in supporting the development of NAPs in the Asia-‐Pacific region, including in terms of collaboration within and across stakeholder groups?

2. What key recommendations did the stakeholder group have in terms of the processes for developing and following up on NAPs in the Asia-‐Pacific region?

3. What key recommendations did the stakeholder group have in terms of the scope,

content, and priorities for NAPs in the Asia-‐Pacific region? Discussion 2 – 60 minutes – Next steps: opportunities and challenges in multi-‐stakeholder collaboration for the advancement of the business and human rights agenda

1. What are the various roles that stakeholder groups should play in the development of NAPs and/or other strategies for the national implementation of business and human rights frameworks?

2. What are the major opportunities and challenges for collaboration within and across stakeholder groups with the goal of ensuring that governments engage in their duty to protect human rights? For ensuring that corporations respect human rights in their business practices?

3. What strategies do you recommend for promoting implementation of the NAPs

Project’s recommendations within the Asia-‐Pacific region and across all stakeholder groups?

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