Understanding The Wind Parks of Oaxaca from a Guiding Principles on Business and Human Rights Perspective.

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Slides from the presentation: Building Competitiveness in Green Energy given at Copenhagen Business School on 28 May 2014

Slides from the presentation: Building Competitiveness in Green Energy given at Copenhagen Business School on 28 May 2014

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  • 1. Understanding The Wind Parks of Oaxaca from a Guiding Principles on Business and Human Rights Perspective. Rajiv Maher – Senior Advisor Corporate Engagement Programme Coordinator © 2013 DIHR1
  • 2. About the Danish Institute for Human Rights • National Human Rights Institution • Est. 1987 by act of Danish Parliament • 100+ staff • Work with business, government, and civil society in 30+ countries • Human Rights and Business since 1999 © 2014 DIHR
  • 3. DIHR Corporate Engagement Programme © 2014 DIHR
  • 4. “Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity” — Office of the High Commissioner for Human Rights What are human rights? © 2014 DIHR
  • 5. Examples of human rights Civil and political rights Economic social and cultural rights Core labour standards Access to remedy Standard of living, housing, food, water Child labour Arbitrary arrest and detention Cultural life Discrimination in empl. /occupation Assembly and association Education Forced or compulsory labour Children’s rights Family life Association and coll. bargaining Equality before the law Health Fair trial Non-discrimination and equality Additional standards Life, liberty and sec. of person Rest and leisure Indigenous Peoples Rights Freedom of movement Self-determination International Humanitarian Law Non-discrimination and equality Social security … Opinion, expression, information Just and favourable conditions of work Privacy Property Rights of minorities Slavery Take part in government Thought, conscience, religion Torture, degrading treatment © 2014 DIHR
  • 6. INTERNATIONAL HUMAN RIGHTS LAW NATIONAL LAW How are human rights implemented? RIGHTS-HOLDERS INDIVIDUALS - FAMILIES - COMMUNITIES - GROUPS Compliance GOVERNMENT - PUBLIC BODIES - PRIVATE SECTOR © 2014 DIHR
  • 7. © Danish Institute for Human Rights Globalization as driver for human rights
  • 8. UN “Protect, Respect and Remedy” Framework and Guiding Principles 1. State duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication 2. Corporate responsibility to respect human rights, which means to act with due diligence to avoid infringing on the rights of others 3. Access by victims to effective remedies, judicial and non-judicial Business & Human Rights: Background 2005 - 2008: UN Framework 2008 - 2011: Guiding Principles 2011-2014: UN WG / Implementation
  • 9. II. Corporate responsibility to respect human rights Pillar II. The corporate responsibility “Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.” (Guiding Principle 11) © 2014 DIHR
  • 10. II. Corporate responsibility to respect human rights Communicate and Report Assess Impacts Integrate and Act on Findings Human rights due diligence: Procedure Policy Commitment Track and Monitor Identify and Remedy Grievances © 2014 DIHR “The steps a company takes to identify, prevent, mitigate and address the adverse human rights impacts of its activities and relationships.”
  • 11. II Corporate responsibility to respect human rights Exercising human rights due diligence – Potential and actual adverse impacts – Company activities and business relationships – Prioritisation of risks and impacts – Meaningful consultation ASSESSING IMPACTS © 2014 DIHR
  • 12. Identifying human rights impacts Scenario Which human rights might be impacted? Company pollution of the groundwater Right to health Right to an adequate standard of living Right to safe drinking water and sanitation Harassment by security staff Right to security of person Right to non-discrimination Access to spiritual sites Right to cultural life Right to remedy Government resettlement of local communities Right to property Right to adequate housing Compensation to formal land title holders Right to property Right to adequate housing Peoples’ access to farming and fishing areas Right to an adequate standard of living Consultation with community leaders Right to non-discrimination © 2014 DIHR
  • 13. What the Guiding Principles do not Address • Affected Community Consent for project planning. • No reference to ILO169 • Empowerment of affected Rights Holders (Employees, Communities and others) for decision making – Human rights impacts. • Power Imbalances between Business and Rights Holders – Company Lead.
  • 14. Questions for Reflection • Would following Due Diligence from UN Guiding Principles lead to Acceptance from Los Huaves and Zapotecas? – Is consulting with the affected communities enough? Consent? –Who gets to decide how well Human rights are being respected?