The Business of Traffick in Humans workshop

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The UN Guiding principles are not legally binding but are potentially a game changer for business. The potential for liability for companies in relation to human rights and supply chain issues is rising. Soft law is getting harder edges

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The Business of Traffick in Humans workshop

  1. 1. FINANCE AGAINST TRAFFICKING The Business of Traffick in Humans Workshop Oxford University, 8th May 2014 Applying the UNGPs in the fight against Trafficking: Practical Approach for Business Colleen Theron Director, Finance Against Trafficking
  2. 2.  set of universal standards  prevent companies violating human rights  ensure adequate redress  not legally binding -but based on international law  universally applicable benchmarks  UK context  Action Plan on Business and Human Rights  Legal developments What is the legal context?
  3. 3.  Potential for liability is rising:  Contractual requirements  Reliance on disclosures  Eg: investment funds and asset managers  A range of measures in support of the UN Guiding Principles are coming into play, eg:  EU Calling for national action plans  Consultative process in US and UK  Review of adminsitrative process in the Netherlands  ASEAN intergovernmental commission on human rights has initiated a study on CSR and human rights in the region Harder than soft law ?
  4. 4.  Article 8 of International Covenant on Civil and Political Rights provides: ‘ all humans shall have the right not to be subjected to slavery, servitude or forced labour’  human trafficking by definition involves exploitation in the form of slavery, forced labour, including prostitution and therefore all human trafficking is automatically a violation of these human rights  children: any form of movement or transportation whether their consent is given or not is a form of trafficking’ How are these human rights relevant to human trafficking?
  5. 5.  any company can be measured against them  can be criticized by civil society  risks to companies: • legal and regulatory • reputational • operational Why should companies know about them?
  6. 6.  Directly: recruiting, transporting, harbouring or receiving  Indirectly: business premises, products or services  By association: suppliers, sub contractors or business partners  Through investment: in companies connected to human rights violations How can business be connected to these human rights violations?
  7. 7.  Guiding principles identify corporate responsibility: • respecting human rights • taking account of impacts • creating a policy • internal due diligence • integration into internal processes • reporting • remediation of problems Operational principles for companies
  8. 8.  address their strategy  address their risks  address their operational procedures  Chainchecker  what about reporting? How should companies go about doing this?
  9. 9. To raise awareness of trafficking risks within a company and their obligations under law (international and local) We are promoting and offering best practice: • Anti Money Laundering • Ruggie, UN Guiding principles • Policies, processes and procedures • Legal frameworks • Supply chain audits • Training • Employee engagement • Tools and Resources - Chainchecker Finance Against Trafficking – What we do
  10. 10. ChainChecker
  11. 11. Bottom Up: Supported by community programmes Business must also engage with and educate: • Community leaders, student groups, mothers, teenagers and children and build sustainable communities and families by providing: • Job security • Living wages • Access to education and healthcare Such measures help to reduce both the supply and demand for trafficked labour
  12. 12. Thank you. Any questions?

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