The Murder of George Floyd on May 25th by a white Minneapolis police officer did not happen in a vacuum. It was not an aberration in an “otherwise functioning” justice system. Countless black men and women in America have suffered similar fates at the hands of a criminal justice apparatus that often sees black people as material threats before seeing them as human. Floyd’s death is just the most recent symptom implicating a justice system in the United States that many experts and activists consider out of control,… More
Category Archives: Multi-Stakeholder Initiatives
“A Diamond’s Origins Are Forever”—Tiffany & Co. Announce Diamond Provenance Certification Program
Tiffany & Company announced last week that it would become the world’s first jewelry company to share with its consumers information about the country of origin of each diamond they sell. This is the first in a step of transparency measures that the company is undertaking. By 2020, Tiffany hopes to provide its customers with information about where each diamond was cut,… More
The 2018 Corporate Human Rights Benchmark: Some Successes but Ongoing Challenges in Company Efforts to Advance Human Rights
On November 12, The Corporate Human Rights Benchmark (CHRB) released the results of its 2018 Corporate Human Rights Benchmark. The 2018 Corporate Human Rights Benchmark assesses over 100 of the largest publicly traded multinational companies in the world on a set of key human rights indicators, including governance policies, remedies and grievance mechanisms, responding to serious allegations, due diligence, and transparency.
Established in 2013,… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: new guidance on compliance with North Korea-related sanctions laws; the release of the first annual report by the parties to the Dutch Banking Sector Agreement on International Responsible Business Conduct; and a new blog series on the “zero draft” of the proposed Treaty on Business and Human Rights.… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: the dismissal of a climate change lawsuit brought by the cities of San Francisco and Oakland; the launch of the Centre for Sport and Human Rights; and a new benchmarking report from Know the Chain.
- On June 18, Know the Chain published its second benchmarking report of information and communications technology (“ICT”) companies.…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: a look ahead at the upcoming UN Forum on Business and Human Rights; a decision in the Nevsun case by the British Columbia Court of Appeal; and the first decision by a NCP to hear a complaint focused on the impacts of climate change.… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: the formal withdrawal of the United States from the EITI; the passage of the Canadian Magnitsky Act; and the launch of the Investor Alliance for Human Rights.
- On November 2, the Government of the United States formally withdrew from the Extractive Industries Transparency Initiative (“EITI”).…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes a number of new guidance documents and tools, including materials on: the elimination of recruitment fees; assurance efforts with regard to human rights reporting and performance; and the development of social compliance systems.
- In September, a draft version of the Responsible Recruitment Toolkit was released for public comment.…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: an announcement by the Government of Australia that it will move forward with the development of a new “Modern Slavery Act”; new commitments by five companies to prohibit recruitment fees in their supply chains; and decision by the African Commission on Human and Peoples’… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: the U.S. Government’s amicus brief in Jesner v. Arab Bank; a Declaration from the Leaders of the G20; and a commitment to renew the Accord on Fire and Building Safety in Bangladesh.
- On June 27, the U.S.…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: a new report on human rights litigation in U.S. federal courts; new guidelines on the E.U. directive on non-financial reporting; and the release of the U.S. State Department’s 2017 Trafficking in Persons report.
- On June 8, U.S. Customs and Border Protection published a final rule in the Federal Register amending existing customs regulations in order to to reflect the elimination of the consumptive demand exception,…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: an effort by Twitter to enjoin U.S. Government demands for information regarding a user account critical of the Trump Administration; an announcement that seven telecommunications companies have joined the Global Network Initiative; and a decision by EITI to make project-level payment reporting mandatory.… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: the first reports published pursuant to the requirements of the U.K. Modern Slavery Act; an overview of social and environmental shareholder proposals filed for the 2016 proxy season; and a new effort to benchmark technology companies on their policies and practices with regard to forced labor in their supply chains.… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: Apple’s refusal to comply with a federal court order; a new report highlighting the most pressing business and human rights challenges facing companies today; and an evaluation of corporate compliance with the California Transparency in Supply Chains Act.
- Apple made headlines this week when it announced that it would not comply with a federal court order requiring the company to assist the FBI in unlocking the iPhone of one of the San Bernardino shooters.…
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: recent developments with regard to a major Alien Tort Statute case; the announcement of a pilot effort to benchmark corporate human rights performance; and a major new report demonstrating the potential links between anti-corruption compliance programs and effort to eradicate labor trafficking in corporate supply chains.… More
Managing Legal and Reputational Risks in an Era of Enhanced Transparency
Companies face a range of new requirements and expectations calling for enhanced transparency regarding human rights-related risks in connection with their operations. Responsible compliance with both mandatory requirements and voluntary standards requires a coordinated internal approach that seeks to address the concerns of key stakeholders while mitigating potential legal risks.
Examples of new transparency requirements include:
Q & A with Gare Smith, Chair of the Corporate Social Responsibility Practice
Barrick Gold Corporation (“Barrick”) recently published an interview with Gare Smith, Chair of Foley Hoag’s CSR practice and a member of Barrick’s CSR Advisory Board.
Gare founded the CSR practice in 2000 after serving as Senior Foreign Policy Advisor and Counsel to U.S. Senator Edward M. Kennedy and Principal Deputy Assistant Secretary in the U.S. State Department’s Bureau of Democracy,… More
The Transparency Wars: Coming to a Galaxy Near You?
Everyone is in favor of transparency and anti-corruption – at least, everyone except the occasional despot or dictator. Yet substantial controversy now swirls around the disclosure of the vast sums that governments receive from mining and oil projects.
The question is not whether the streams of payments paid to governments by oil, gas, and mining companies should be disclosed, but how.… More
Corporate Transparency Reports: Understanding Limitations and Leveraging Opportunities
Recent revelations regarding surveillance activities by the U.S. Government have raised many questions regarding the balance between privacy and security. There have already been, and there will continue to be, Congressional hearings and other public policy forums regarding the appropriate scope of government surveillance efforts and the role of private companies in responding to law enforcement requests.
Beyond questions regarding the scope of government under existing legislation,… More
New Charter Outlines Concrete Steps to Implement the International Code of Conduct for Private Security Contractors
The International Code of Conduct for Private Security Service Providers’ Association recently published its Charter. This marks a critical step in the establishment of oversight and governance processes to operationalize the commitments outlined in the International Code of Conduct for Private Security Providers (“ICoC”).
The ICoC is a multistakeholder initiative the aim of which is to establish principles and standards for the private security industry based on international human rights and humanitarian law.… More
Reflections on the Evolving Business and Human Rights Agenda
As mentioned in last week’s post, participants in the Voluntary Principles Initiative recently held their Annual Plenary Meeting. The discussions began with opening addresses from Professor John Ruggie, the former U.N. Special Representative on Business and Human Rights and author of the U.N. Guiding Principles, and Dr. Margaret Jungk, from the U.N.… More
Participants in the Voluntary Principles Initiative Gather for 2013 Annual Plenary Meeting
On March 13-14, participants in the Voluntary Principles Initiative gathered in The Hague for the 2013 Annual Plenary Meeting. Foley Hoag’s Corporate Social Responsibility (“CSR”) practice has served as the Secretariat for the Voluntary Principles Initiative since June 2010.
Established in 2000, the Voluntary Principles Initiative is a tri-partite multistakeholder initiative that provides guidance to companies in extractive industries on maintaining the safety and security of their operations within a framework that ensures respect for human rights and fundamental freedoms.… More
Telecommunications Companies Release Guiding Principles on Freedom of Expression and Privacy
The Telecommunications Industry Dialogue, a group of eight telecommunications companies, recently published a set of Guiding Principles on freedom of expression and privacy. Originally formed in 2011, the Industry Dialogue also announced a two-year partnership with the Global Network Initiative.
Current participants in the Industry Dialogue include: Alcatel-Lucent, France Telecom-Orange, Millicom,… More
Corporate Responsibility for Human Trafficking & Five Steps that Your Company Can Take Right Now
In a landmark speech to the Clinton Global Initiative in September 2012, President Barack Obama declared that the “fight against human trafficking is one of the great human rights causes of our time” and that “our global economy companies have a responsibility to make sure that their supply chains, stretching into the far corners of the globe, are free of forced labor.”
The President’s speech is reflective of the fact that human trafficking and forced labor have become key priorities for those seeking to hold companies accountable for the human rights impacts of their operations.… More
Consumer Privacy – Thoughts on the Obama Administration’s New “Bill of Rights”
The Obama Administration’s release last month of a framework for protecting online privacy ranks among the most significant efforts to address privacy concerns in the short history of the information age.
The framework’s centerpiece is a “Consumer Privacy Bill of Rights” (.pdf). As discussed on Foley Hoag’s Security, Privacy, and the Law blog, the Bill of Rights articulates seven broad,… More
A New Set of Principles for the Nuclear Power Industry
Corporate social responsibility and nuclear power? Indeed. In September, the very first code of conduct for the nuclear power plant industry was launched.
The development of the "Principles of Conduct" was facilitated by the Carnegie Endowment for International Peace. Representatives of all of the major exporters of nuclear power plants participated in the drafting process, which was initiated in 2008. I had the honor of being selected by the Carnegie Endowment to help facilitate the negotiations.… More
Keynote Remarks at the Voluntary Principles Extraordinary Plenary Meeting
Last week, I gave the keynote address at an Extraordinary Plenary Meeting of the Voluntary Principles on Security and Human Rights, held in Ottawa, Ontario on September 15-16, 2011. (Note: I did not deliver my remarks in my capacity as Senior Advisor to Foley Hoag’s CSR practice. As noted previously on this blog, however, Foley Hoag serves as the Secretariat for the Voluntary Principles.) … More
Voluntary Principles Participants Gather for Annual Plenary Meeting
Foley Hoag’s CSR practice serves as the Secretariat for the Voluntary Principles on Security and Human Rights (the "Voluntary Principles”). The Voluntary Principles, a tripartite multi-stakeholder initiative established in 2000, provide guidance to companies in extractive industries on maintaining the safety and security of their operations within a framework that ensures respect for human rights and fundamental freedoms. The Voluntary Principles urge companies to
recognize a commitment to act in a manner consistent with the laws of the countries in which they are present,… More
Coalition Launches Index To Measure and Manage the Apparel Industry’s Environmental Impacts
Thirty of the largest apparel manufacturers and retailers – together comprising an estimated 60% of global apparel sales – recently announced the formation of the Sustainable Apparel Coalition. This group, which also includes academics, non-profits and the Environmental Protection Agency, is creating the industry’s first large-scale initiative to improve environmental and social performance through the establishment of standards and tools.
The Sustainable Apparel Index will be a tool for companies to evaluate the impacts of the entire life cycle of apparel products,… More
The Global Network Initiative: Confronting Human Rights Challenges in the Information & Communications Technology Sector
The Global Network Initiative ("GNI") released its first annual report (.pdf) last month. This is a milestone worth celebrating by all who continue to believe in the power of the information and communications technology ("ICT") sector to promote freedom and development (and development as freedom) worldwide.
Although the changes wrought in the last decade by the proliferation of ICT companies to the furthest reaches of the globe are almost unimaginable,… More
Signature Ceremony Marks a Milestone for the International Code of Conduct for Private Security Service Providers
On November 9, at a signing ceremony hosted by the Swiss Government in Geneva, fifty-eight industry-leading private security companies (“PSCs”) signed an International Code of Conduct for Private Security Service Providers (.pdf).
The publication and signature of the Code represents a milestone achievement for a multi-stakeholder initiative, launched in June 2009 and sponsored by the Swiss Government, aimed at creating a set of universally recognized standards for private companies engaged in providing security services. … More
Special Session of the Voluntary Principles on Security and Human Rights
In late June, Foley Hoag’s CSR practice was selected to serve as the new Secretariat for the Voluntary Principles on Security and Human Rights (“The Voluntary Principles”). On June 30 and July 1, three Foley Hoag attorneys, Gare Smith, Sarah Altschuller, and Amy Lehr, helped facilitate a special Mid-Year Special Session of the Voluntary Principles hosted by the United States Government,… More