Category Archives: U.N. Guiding Principles on Business and Human Rights

Foley Hoag Conducts Independent Human Rights Impact Assessment Commissioned by Microsoft

Microsoft commissioned Foley Hoag to conduct a human rights impact assessment (HRIA) on the impact of Microsoft’s cloud and artificial intelligence technologies.  Specifically, we sought to understand the impacts that such technologies have on communities of color in the United States when those technologies are licensed to law enforcement agencies.  Microsoft commissioned the HRIA in response to a shareholder letter expressing concern regarding the human rights impact of certain Microsoft products in various contexts.… More

Australia’s Two Modern Slavery Acts

The Australian Government has launched an online register that publishes companies’ statements on their compliance with the country’s Federal Modern Slavery Act of 2018. The website, which is searchable and available to the public, marks the first government-run website tracking companies’ compliance with efforts to eradicate modern slavery. Unlike comparable legislation passed recently in other jurisdictions, including the U.K. Modern Slavery Act of 2015, Australia’s Act makes reporting mandatory within six months of a company’s fiscal year-end.… More

As the United States Targets China’s Human Rights Abuses, Companies Should Prepare for Stricter Due Diligence on Forced Labor

As the United States seeks to take more forceful action punishing China for its escalating human rights abuses against Muslim ethnic minorities in the Xinjiang autonomous region and the citizens of Hong Kong, international businesses whose supply chains intersect with China should be prepared for new legislation and regulatory enforcement that could result in penalties. Companies will need to take additional steps to ensure their due diligence processes account for potential human rights risks associated with forced labor in Xinjiang and elsewhere in the country.… More

Toward a Credible and Universal Concept of Rights: How Racial Injustice in America Affects U.S. Human Rights Practices Abroad

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

COVID-19 and Global Human Rights: Shifting Priorities for Governments, Civil Society, and Companies

The COVID-19 pandemic is one of the most significant global public health crises since the Influenza Pandemic of 1918-20. The spread of the Coronavirus through every continent and major metropolis has led to unprecedented policy responses from governments both large and small. As a result, the human rights community is more closely scrutinizing the impact of these responses, while many company operations are more likely to overlap with the pandemic and evolving government policy in some way.… More

Trump Administration’s Proposed Prosecution of Pipeline Opponents: Weighing Human Rights Obligations and Congressional Support

The Trump Administration is using the reauthorization of a pipeline safety statute as an opening to insert new provisions that would give U.S. authorities broader latitude to thwart and criminalize the activities of protestors opposing hydrocarbon pipeline projects.  The provision would apply to both existing pipelines and those that are under construction, with at least the partial intent of targeting large-scale protests that have encircled construction of oil transport infrastructure projects like the Dakota Access Pipeline and the Keystone XL Pipeline.… More

Pioneering Dutch Law Raises Global Standards for Eliminating Child Labor in Supply Chains – Understanding the Dimensions of Compliance

The Dutch Senate recently adopted the Child Labour Due Diligence Act, a new measure with far reaching implications for the sourcing, manufacturing, and consumption of products that contain inputs from the bodies of child laborers.

The new law is the product of protracted negotiations that have taken place over several years in the Dutch Parliament.  The Dutch House of Representatives approved the legislation in February 2017 with 82 of the chamber’s 150 Members of Parliament in favor. … 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

#EthicalOS – A New Guide Aims to Mitigate the Downsides of Technological Advancements

On August 7, the Omidyar Network’s Tech and Society Solutions Lab and the Institute for the Future (“IFTF”) launched a new toolkit, The Ethical Operating System (Ethical OS), to help guide technologists in building preventing, mitigation, and correcting the “social downsides” of technology while also maximizing positive impacts.

The guide, which has already been piloted by 20 companies, uses checklists, scenarios, and exercises to help companies anticipate problems and to develop appropriate strategies to mitigate risk.… 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: developments with respect to the proposed Australian Modern Slavery Act; the dismissal of another climate change-based lawsuit; and an initial draft of the proposed Business and Human Rights Treaty.

  • On June 28, the proposed Modern Slavery Bill was introduced to the Australian Parliament. …
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OECD Releases Due Diligence Guidance for Responsible Business Conduct

On June 20, at the 2018 Global Forum on Responsible Business Conduct, the Organization for Economic Co-operation and Development (“OECD”) formally launched its new Due Diligence Guidance for Responsible Business Conduct.

Intent of the Due Diligence Guidance

The new Due Diligence Guidance is expressly intended to support all companies, both large and small, seeking to implement the due diligence expectations set forth in the OECD Guidelines for Multinational Enterprises.… More

Developments in International Investment Law Herald Enhanced CSR Obligations for Investors

The protection of a company’s investments abroad could soon be linked to that company’s compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries adopt the Netherlands’ approach, then international arbitration tribunals hearing claims that investors bring against foreign governments may also scrutinize the investors’ CSR track record.

CSR obligations are most relevant to the compensation a tribunal can award the investor.… More

Corporate Human Rights Benchmark Releases 2018 Methodology

The Corporate Human Rights Benchmark (“CHRB”) has released its 2018 research methodology, reflecting revisions to the 2016 methodology used to produce CHRB’s 2017 inaugural benchmarking report.

The 2017 benchmarking report ranked 98 of the world’s largest publicly traded companies on their human rights performance using 100 specific performance indicators. The CHRB has focused on companies in the following three industry sectors: agriculture;… More

International Business and Human Rights Arbitration Proposal Gains Momentum

International Bar Association Conference on Law and Corporate Social ResponsibilityBetween November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year’s Forum was “Realizing Access to Effective Remedy,” which is the third Pillar of the U.N. Guiding Principles on Business and Human Rights (“U.N. Guiding Principles”).

A Working Group of specialists on international law, human rights, and conflict management have suggested one potential approach to strengthening the third Pillar,… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

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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 revised Toolkit on National Action Plans on business and human rights; a new automobile industry initiative to address the social and environmental risks associated with raw materials sourcing; and a report from the NYU Stern Center for Business and Human Rights on the efforts of internet platform companies to address content that incites terrorism or that represents politically motivated disinformation.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

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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

A Business and Human Rights Treaty: Updates from the Third Session of the Intergovernmental Working Group

International Bar Association Conference on Law and Corporate Social ResponsibilityThe Open-Ended Intergovernmental Working Group that is considering an international treaty on business and human rights held its third session from October 23-27 in Geneva. A draft report of the session is available here.

The mandate of the Working Group, as set forth by the U.N. Human Rights Council in 2014, is “to elaborate an international legally binding instrument to regulate, in international human rights law,… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 paper from on the proposed draft elements for an international treaty on business and human rights; new guidance from the United Kingdom with regard to compliance with the Modern Slavery Act; and a review of corporate responsibility reporting.

  • On September 29,…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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.

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 from the U.N. Working Group on Business and Human Rights; a report evaluating corporate efforts to assess forced labor risks in sugarcane supply chains; and a revised report reviewing national action plans on business and human rights as issued by 18 countries.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland 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.…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland 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 announcement of a new corporate alliance intended to advance diversity and inclusion in the workplace; the release of a paper by Professor John Ruggie on the development of the UN Guiding Principles on Business and Human Rights; and guidance from the UN Office of the High Commission for Human Rights on the human rights responsibilities of banks.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland 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 iStock_000011057325XSmalland 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 reports on the U.S. National Action Plan on Responsible Business Conduct, corporate disclosures pursuant to the California Transparency in Supply Chains Act, and shareholder proposals on social and environmental issues; the second discussion paper published by the Thun Group of Banks;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: updates on litigation in the Doe v. Nestle case; a private members’ bill in the United Kingdom that would expand the scope of the Modern Slavery Act; and an easing of U.S. sanctions against Sudan.

  • As noted previously,…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland time for another overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes: IHRB’s annual list of the Top 10 business and human rights issues for the coming year; the latest benchmarking report from Know the Chain focused on apparel and footwear companies; and the release of a reference annex to the IBA Practical Guide on Business and Human Rights for Business Lawyers.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday iStock_000011057325XSmalland 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 reports on the corporate responsibility to respect human rights; a report on sustainability disclosures in corporate filings with the U.S. Securities and Exchange Commission (“SEC”); a draft law in France that would require companies to conduct human rights due diligence; and developments in human rights litigation against Chiquita.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely (Special Post-Election Edition)

iStock_000011057325XSmallIt’s Friday and time for an overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post is focused entirely on responses to the recent election of Donald Trump as the next President of the United States.

This week’s post includes: the potential for changes to legislation and regulation related to the human rights impacts of business activity; private sector support for continued U.S.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 annual report from the U.K. Anti-Slavery Commissioner; a new benchmarking report from Know the Chain focused on food and beverage companies; and the results of a survey on corporate human rights due diligence efforts.

  • On October 12,…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 important decision by the Supreme Court of British Columbia with regard to a case raising forced labor concerns; the release of the U.S. Department of Labor’s most recent List of Goods Produced by Child Labor and Forced Labor;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 GAO’s latest report on the conflict minerals rule; a civil society report on the SEC’s efforts to modernize financial disclosure requirements; and an independent impact assessment of the Better Work Programme.

  • At the end of August, the U.S.…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 from the U.N. Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; reviews of the latest round of conflict minerals reports; corporate efforts to address the risks of sex and labor trafficking in connection with the Olympic Games;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 release of the third, and likely final, draft of the World Bank’s revised safeguard policies; guidance for management accountants on how to identify human rights-related risks and manage human rights performance; and developments in a major Alien Tort Statute case.

  • On July 20,…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 guide for business lawyers from the International Bar Association that seeks to promote implementation of the U.N. Guiding Principles on Business and Human Rights; the public release of Know the Chain’s first report benchmarking technology companies on efforts to address forced labor in their supply chains;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 for boards of directors on business and human rights; the launch of the Responsible Sourcing Tool; the release of the 2016 Global Slavery Index; and a new code of conduct in Europe by which American Internet companies have committed to taking actions to combat illegal hate speech.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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 private and public initiatives on recruitment fees, including a proposal to further amend the U.S. Government’s Federal Acquisition Regulation to provide a clear definition of such fees; the dismissal of a lawsuit brought by victims of the Rana Plaza factory collapse;… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s FridaiStock_000011057325XSmally 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: developments on mandatory disclosure requirements in both the United States and Europe; a new report from Professor John Ruggie addressing the human rights responsibilities of FIFA; and an update from Oxfam on its “Behind the Brands” campaign.

  • On April 14,…
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Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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

iStock_000011057325XSmallIt’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.

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’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

Human Rights Expectations for the Banking Sector: A New Report from Foley Hoag and UNEP FI

TransparencyAttorneys in Foley Hoag’s Corporate Social Responsibility (“CSR”) practice and the U.N. Environment Programme Finance Initiative (“UNEP FI”) recently collaborated on a report analyzing the implications of the U.N. Guiding Principles on Business and Human Rights for the banking sector. A copy of the report is available here.

In addition to assessing the implications of the U.N. Guiding Principles, the report evaluates existing national and international human rights laws and the extent to which these existing laws may create potential liabilities for banks and/or their officers.… More

Managing Legal and Reputational Risks in an Era of Enhanced Transparency

HiRes (2)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:

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday and time for our latest overview of developments in the field of business and human rights that we’ve been monitoring.

This week’s post includes notice of several new lawsuits regarding human rights concerns in corporate supply chains as well as coverage of the European Court of Justice’s recent decision to strike down the 15-year old “Safe Harbor” agreement allowing companies to self-certify that their data transfers between the United States and Europe are in compliance with E.U.… More

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

iStock_000011057325XSmallIt’s Friday, which means it’s time for another rundown of five developments in the field of business and human rights — and broader corporate social responsibility — that we’ve been monitoring.

This week’s post includes a number of recent reports on issues ranging from conflict minerals to children’s rights. It also notes the release of the Sustainable Development Goals and the convening of Climate Week NYC.… More

H.R. 3226: New Bill Calls for Transparency on Trafficking and Slavery in Corporate Supply Chains

SlaveryIn late July, Representative Carolyn Maloney (D-NY) introduced H.R. 3226, the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015. The bill, if passed, would require companies to file annual reports with the Securities and Exchange Commission (“SEC”) disclosing their efforts to identify and address specific human rights risks in their supply chains. Senator Richard Blumenthal (D-CT) is expected to introduce a companion bill in the Senate.… More

G7 Leaders Issue Declaration Supporting Private Sector Implementation of Human Rights Due Diligence

Picture1At the conclusion of the G7 Summit held on June 7 and 8, the assembled leaders released a declaration endorsing the U.N. Guiding Principles on Business and Human Rights. Specifically, leaders of the United States, the United Kingdom, Canada, France, Germany, Italy, and Japan stated that

We strongly support the U.N. Guiding Principles on Business and Human Rights and welcome the efforts to set up substantive National Action Plans.… More

U.N. Guiding Principles Reporting Framework Released by the Human Rights Reporting and Assurance Frameworks Initiative

HiRes (2)In late February, after 18 months of research and consultation, a new Reporting Framework has been released to help companies report on their human rights performance in a manner aligned with the expectations set forth in the U.N. Guiding Principles on Business and Human Rights. The Reporting Framework is intended to enable companies of all sizes, and in all sectors, to report on their efforts to operate consistently with the corporate responsibility to respect human rights.… More

Frequently Asked Questions on the U.S. Government’s National Action Plan on Responsible Business Conduct

Global BusinessOn February 12, the U.S. Department of State released a set of “Frequently Asked Questions” (“FAQs”) with regard to the U.S. Government’s efforts to develop a National Action Plan on Responsible Business Conduct. The plan is expected to be released by the end of this year.

As announced in September, the U.S. Government is working on a National Action Plan “to promote and incentivize responsible business conduct,… More

Protecting the Rights of Children Should Be Integral to Every Corporate Social Responsibility Strategy

child-labor-349989_640Consideration of the rights of children should be integral to any Corporate Social Responsibility (“CSR”) strategy or policy. Traditionally, companies have focused on reducing and eliminating the use of child labor in their supply chains as a means of protecting the rights of children. While important, companies should keep in mind that respecting and protecting children’s rights extends far beyond the use of child labor.… More

Canada Announces Revised Corporate Social Responsibility Strategy for the Extractive Sector

Map of Canada in Canadian flag colorsIn November, the Government of Canada announced a revised Corporate Social Responsibility (“CSR”) strategy for the extractive sector. Building on Canada’s plan for Responsible Resource Development, the strategy (“Doing Business the Canadian Way: Advancing Corporate Social Responsibility in Canada’s Extractive Sector Abroad“) focuses on the activities of extractive sector companies, but is intended to provide “a more general audience with an overview of Canada’s approach to promoting and advancing CSR abroad.”… More

International Bar Association Releases Guidance for Lawyers on the U.N. Guiding Principles

International Bar Association Conference on Law and Corporate Social ResponsibilityThe Business and Human Rights Working Group of the International Bar Association (“IBA”) recently released draft guidance for bar association and business lawyers on implementation of the U.N. Guiding Principles on Business and Human Rights (“the U.N. Guiding Principles”).

As stated in a press release by the IBA, the intent of the draft guidance for bar associations is to:

  • encourage bar associations to improve understanding of the relevance and applicability of business and human rights principles;…
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United States to Develop National Action Plan on Responsible Business Conduct

Global BusinessOn September 24, at a meeting of the Open Government Partnership at the United Nations, President Obama announced that the U.S. Government would develop a national action plan to promote responsible business conduct. The United States had been under considerable pressure from civil society organizations and others to develop such a plan.

Specifically, and as stated in a fact sheet released by the White House:

The United States will develop a National Action Plan to promote and incentivize responsible business conduct,… More

Transparency and Human Trafficking: Is Your Company Prepared?

iStock_000030023406SmallCompanies increasingly face expectations that they will “know and show” that they are taking appropriate steps to manage the human rights impacts associated with their business activities. New transparency requirements on issues ranging from conflict minerals to investments in Burma reflect this trend.

With respect to human trafficking, existing statutes such as the California Transparency in Supply Chains Act and proposed statutes such as the Business Supply Chain Transparency on Trafficking and Slavery Act require companies to report on their efforts to conduct due diligence on their supply chains in order to identify the risks of human trafficking.… More

H.R. 4842: New Bill Calls for Transparency on Trafficking and Slavery in Corporate Supply Chains

SlaveryOn June 11, Representative Carolyn Maloney (D-NY) introduced H.R. 4842, the Business Supply Chain Transparency on Trafficking and Slavery Act of 2014. The bill, if passed, would require companies to file annual reports with the Securities and Exchange Commission (“SEC”) disclosing their efforts to identify and address specific human rights risks in their supply chains.

The proposed federal legislation, co-sponsored by Representative Chris Smith (R-NJ),… More

Mandatory Social and Financial Reporting: Coming Soon to the European Union

Flag_of_Europe.svgCorporate social responsibility (“CSR”) may have its roots in voluntary efforts by businesses to address their broader impacts on society, but the trend towards CSR becoming mandatory advanced significantly this week under a deal that will soon require all large European companies to begin issuing annual social and environmental performance reports.

On February 26, the European Council and the European Commission reached an agreement that all but guarantees that the forthcoming European directive on corporate social responsibility will require all publicly traded companies with more than 500 employees to report their performance on a number of non-financial metrics every year.… More

Responding to Investor Concerns Regarding Human Rights Impacts

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Increasingly, companies will face explicit demands from investors, especially members of the socially responsible investor community, that they provide detailed disclosures regarding internal processes and procedures to assess and manage the human rights impacts of their operations. For many companies, responding to these requests will require careful review of the nature of the impacts of their operations and the development of internal capacity to understand and communicate those impacts through a human rights lens.… 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

Looking Ahead: Five Developments We’ll be Watching in 2013

As memories of New Year’s Eve fade, and another Inauguration Day winds down in Washington, D.C., it’s time to look ahead and identify key events and emerging trends that we think will help shape the business and human rights agenda in 2013.

Here are five developments that we’ll be watching closely:

Further integration of human rights considerations into business management systems. Eighteen months after the release of the U.N.… More

John Ruggie Gives Opening Address at U.N. Forum on Business and Human Rights

On December 4 and 5, more than 1,000 participants from 85 countries gathered for the first U.N. Forum on Business and Human Rights in Geneva, Switzerland. The Forum focused on “trends and challenges” in the implementation of the U.N. Guiding Principles on Business and Human Rights (the “Guiding Principles”), which were formally endorsed by the U.N. Human Rights Council in June 2011. The Forum includes discussions of a broad set of key issues in the business and human rights space,… More

Social Risk Assessment: China Raises Its Game

Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this:

Western companies are more accountable than Chinese companies – via tort suits, civil society pressure, government regulation, and non-judicial accountability mechanisms such as the OECD Guidelines, to name a few.  Although Western companies’ operations do create negative social, environmental and human rights impacts,… More

Human Rights Due Diligence – An Emerging Requirement in State and Federal Legislation

Two years ago, in October 2010, I published a post, Human Rights Due Diligence and the Corporate Lawyer, that addressed the need for corporate counsel to assess stakeholder expectations that companies should be accountable for identifying, and taking action to mitigate, the adverse human rights impacts of their operations. At the time, the expectation that companies should conduct human right due diligence had been put forward as a fundamental component of the “Protect,… More

Newly Released Draft Equator Principles Reflect Greater Focus on Human Rights

The proposed draft of the revised Equator Principles, released on August 13, reflects a greater focus on human rights, with explicit mention of the expectation of human rights due diligence as set forth in the U.N. Guiding Principles on Business and Human Rights. The revised Principles also cover a wider range of project financing structures in recognition of the fact that the project finance market has diversified significantly since the Principles were first released in 2003.… More

Responsible Investment in Burma (Myanmar): An Experiment that Cannot Afford to Fail

Amy Lehr, the author of this post, will be presenting during a webinar on “Responsible Business in Myanmar: Operating Context, Sanctions, and International CSR Standards,” this Thursday, August 16, at 11:00 a.m. She will be joined by John Ruggie and Gare Smith. Information on registration can be found here.

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The U.S. decision to ease financial and investment sanctions on Burma for the first time since 1997 is a landmark – and controversial – moment.… More

Leverage and the Management of Adverse Human Rights Impacts

iStock_000012791010XSmallOne of the challenges for companies seeking to manage the adverse human rights impacts of their operations is how to deal with impacts that are most directly tied to business partners, suppliers, and even governments. Companies have varying degrees of control over the actions of third parties, and yet the activities of third parties have the potential to expose companies to a range of reputational – and legal – risks.… More

Advocates Seek Human Rights Commitments from Telecommunications Companies

Access, an advocacy organization that promotes open and secure access to the Internet, recently released its Telco Action Plan, a document that sets forth ten steps and implementation objectives for telecommunications companies (“telcos”) seeking to operate with respect for human rights.  

Access launched the plan at last month’s Stockholm Internet Forum and intends to use the document as a platform for dialogue with telcos that seek to operate in political and legal contents that may post threats to freedom of expression,… More

U.S. Supreme Court Review of Corporate Liability Under the Alien Tort Statute — An Overview of the Oral Arguments in Kiobel v. Royal Dutch Petroleum

On February 28, in proceedings that were both closely watched and anxiously anticipated, the U.S. Supreme Court heard oral arguments in Kiobel v. Royal Dutch Petroleum. For the first time, the question of whether corporations are proper defendants in Alien Tort Statute ("ATS") cases is squarely before the Court.  Petitioners had sought Supreme Court review of a decision by the Second Circuit Court of Appeals finding that corporations are not proper defendants under the ATS.… More

Investors Urge Congress to Prioritize Proposed Transparency in Supply Chains Legislation

A coalition of 80 institutional investors sent a letter to Congress last week in support of the Business Transparency on Trafficking and Slavery Act (HR 2759).  As discussed previously, the proposed legislation would require companies to disclose efforts to identify and address the risks of human trafficking, forced labor, slavery, and the worst forms of child labor in their supply chains.

Modeled after the California Transparency in Supply Chains Act,… More

Business Ethics Magazine: An Interview with John Ruggie

Business Ethics magazine recently published an interview with John Ruggie, the former U.N. Special Representative on Business and Human Rights who recently joined Foley Hoag’s CSR practice as a senior advisor. Michael Connor, Editor and Publisher of Business Ethics, conducted the interview.  The conversation focused on the Guiding Principles on Business and Human Rights, the business drivers for respecting human rights, and the ways in which the Principles have been adopted by both public and private stakeholders.… More

Author of UN Guiding Principles on Business and Human Rights Joins Foley Hoag

Press Release

September 7, 2011 — John G. Ruggie, the former U.N. Secretary-General’s Special Representative for Business and Human Rights and current Harvard professor, has joined Foley Hoag LLP’s Corporate Social Responsibility Practice as a senior advisor.

Ruggie authored the Guiding Principles on Business and Human Rights, which the U.N. Human Rights Council unanimously endorsed in June after six years of development.… More