Asia pacific dialogue final program by ICAR

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

Participants Country Name Affiliation Civil Society / NGOs / Indigenous Organizations / Academia 1 International Mr. Amol Mehra Director, International Corporate Accountability Roundtable (ICAR) 2 International Ms. Sara Blackwell Legal and Policy Associate, International Corporate Accountability Roundtable (ICAR) 3 International Dr. Surya Deva Associate Professor, School of Law, City University of Hong Kong 4 Afghanistan Mr. Javed Noorani Lead on Extractives, Integrity Watch Afghanistan 5 Australia / Dr. Mia Rahim Queensland University of Technology, Brisbane, Australia Bangladesh 6 India Prof. C. Raj Kumar Vice Chancellor, O.P. Jindal Global University; Dean, Jindal Global Law School 7 India Prof. Sreeram Professor and Executive Director of the Centre for Global Chaulia Governance and Policy (CGGP), Jindal School of International Affairs 8 India Mr. Arjya B Assistant Professor, Assistant Dean (Academic Affairs) and Majumdar Assistant Director, Centre for Global Corporate and Financial Law and Policy, Jindal Global Law School 9 India Prof. R. Sudarshan Dean, Jindal School of Government and Public Policy 10 India Prof. Shiv Vice Dean, Jindal School of Government and Public Policy Visvanathan 11 India Prof. Rajeev Professor and Executive Director, Centre for Development and Malhotra Finance, Jindal School of Government and Public Policy 12 India Prof. C. Gopinath Dean, Jindal Global Business School 13 India Ms. Komala South Asia Director, Accountability Counsel Ramachandra 14 India Dr. Harpreet Kaur South Asia Researcher & Representative, Business & Human Rights Resource Centre (BHRRC) 15 India Mr. Viraf Mehta International Advisory Member, South Asia, Business & Human Rights Resource Centre 16 India Mr. Venkatesh Commonwealth Human Rights Initiative Nayak 17 India Ms. Laura Ceresna Policy Advisor Corporate Accountability, Cividep India Chaturvedi 18 India Mr. Gopinath K. General Secretary, Cividep India Parakuni 19 India Dr. Leïla Executive Director, Centre de Sciences Humaines (CSH), Delhi Choukroune 20 India Dr. Rituparna Social Scientist and Director of Etico Consultancy Majumdar 21 India Mr. Vikram Founder, Independent Thought Srivastava 22 India Ms. Aruna Senior Researcher, Amnesty International India Chandrasekhar 23 India Ms. Anima Pushpa Jharkandis Organisation for Human Rights ( JOHAR), India; Toppo Executive Council, Asia Indigenous Peoples Pact (AIPP) 24 Japan Attorney Saito Chair, CSR Project Team of the Japan Federation of Bar

25 26 27 28

Japan

Makoto Attorney Daisuke Takahashi Mr. Jong Chul Kim Mr. Ramesh Badal Ms. Delphia Lim

Korea Nepal Singapore / Regional 29 Thailand / Dr. Matthew Myanmar Mullen 30 Thailand Ms. Joan Carling Business / Investment Community 31 India Ms. Divya Jyoti 32 India Ms. Jyoti Vij

Associations (JFBA) CSR Project Team of the Japan Federation of Bar Associations (JFBA) Attorney, Advocates for Public Interest Law (APIL) Lawyer Staff Attorney, Accountability Counsel Institute for Human Rights, Mahidol University, Thailand Secretary General, Asia Indigenous Peoples Pact (AIPP)

Programme Manager, Centre for Responsible Business (CRB) Deputy Secretary General, Federation of Indian Chamber of Commerce and Industry (FICCI) 33 India Mr. Pooran Executive Director, UN Global Compact Network India Chandra Pandey 34 Japan Mr. Hiroshi Ishida Caux Round Table (CRT) National Human Rights Institutions (NHRIs) 35 Australia Ms. Sarah McGrath Adviser to the President, Australian Human Rights Commission, Australian Human Rights Commission 36 Afghanistan Homayon Hashimi Public Relations Officer, Afghan Independent Human Rights Commission 37 Afghanistan Wahiduddin Argon Commissioner, Afghan Independent Human Rights Commission 38 Bangladesh Ms. Adv Fawzia Member, National Human Rights Commission (Bangladesh) Karim Hashimi 39 Denmark Ms. Cathrine Danish Institute for Human Rights Poulsen-‐Hansen 40 Germany Mr. Christopher German Institute for Human Rights Schuller 41 Germany Mr. Deniz Utlu German Institute for Human Rights 42 India Mr. J.S. Kochher National Human Rights Commission (India) 43 Korea Mr. Junsik Hong National Human Rights Commission of Korea 44 Malaysia Paremeswari SUHAKAM, The Human Rights Commission of Malaysia Subramaniam 45 Mongolia Mr. Jamsan Chief Commissioner, National Human Rights Commission Byambadorj (Mongolia) 46 Myanmar Ms. Daw Than Nwe Member, Myanmar National Human Rights Commission (Burma) 47 Thailand Ms. Pornnapa Director of Human Rights Protection Unit, Secretary to the Sub-‐ Meechana Committee on ESCR, National Human Rights Commission (Thailand) 48 Thailand Mr. Ekachai Human Rights Official (Professional Level), International Human Pinkaew Rights Unit, National Human Rights Commission (Thailand) Other 49 International Ms. Ragnhild Associate Human Rights Officer, Office of the High Handagard Commissioner for Human Rights (OHCHR) 50 International Mr. John Grova Secretariat of the UN Working Group on Business and Human Rights 51 International Ms. Ruchira Gujral India CSR Specialist, UNICEF 52 International Ms. Nelleke van Geneva Centre for the Democratic Control of Armed Forces Amstel (DCAF)

Objectives

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.

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 – 9:40 AM • Welcome and Introduction of Participants (30 minutes) – T1, North Auditorium o Professor C. Raj Kumar, Vice Chancellor of O.P. Jindal Global University and Dean of Jindal Global Law School (10 minutes) o Mr. John Grova, Secretariat of the UN Working Group on Business and Human Rights (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) – T1, North Auditorium o Ms. Sara Blackwell, International Corporate Accountability Roundtable (ICAR) 9:40 AM – 11:00 AM • The Landscape of Business and Human Rights at the International Level: Global Frameworks and Implementation Developments – T1, North Auditorium 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 (30 minutes) ! Facilitated by Mr. Amol Mehra, International Corporate Accountability Roundtable (ICAR) 11:00 AM – 11:30 AM • Tea / Coffee Break 11:30 AM – 12:45 PM • The Landscape of Business and Human Rights at the Regional Level: Asia-‐Pacific Frameworks and Implementation Developments – T1, North Auditorium 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) ! Mr. Arjya B Majumdar, Assistant Professor, Assistant Dean (Academic Affairs) and Assistant Director, Centre for Global Corporate and Financial Law and Policy, 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 Open dialogue (35 minutes) ! Facilitated by Professor Sreeram Chaulia, Professor and Executive Director of the Centre for Global Governance and Policy (CGGP), Jindal School of International Affairs 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 – T1, North Auditorium 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) 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 – T1, North Auditorium 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

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 and venues: • Civil society / NGOs / indigenous organizations / academia: Mr. Amol Mehra and Ms. Sara Blackwell, International Corporate Accountability Roundtable (ICAR) – Room XXIV, T3, Ground Floor • 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) – Room XXV, T3, Ground Floor • National Human Rights Institutions (NHRIs): Mr. Christopher Schuller and Mr. Deniz Utlu, German Institute for Human Rights – Room XXVI, T3, Mezzanine Floor 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) – T1, North Auditorium 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 – Rooms XXIV-‐XXVI, T3 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

11:00 AM – 12:30 PM • Continuation of Single-‐Stakeholder Dialogues on National Action Plans (NAPs) on Business and Human Rights – Rooms XXIV-‐XXVI, T3 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 – T1, North Auditorium o Presentations to Dialogue plenary by representatives from each stakeholder group on outcomes of single-‐stakeholder dialogues: key recommendations, concerns, and future initiatives (20 minutes each = 60 minutes total) ! 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 – T1, North Auditorium 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 (5 minutes) o Mr. John Grova, Secretariat of the UN Working Group on Business and Human Rights (5 minutes) o Mr. Amol Mehra, International Corporate Accountability Roundtable (ICAR) (5 minutes)

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: •

•

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.

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:

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 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.

NAPs Project: Timeline August 2013 September 2013 October 2013 to April 2014 October 2013 November 2013 December 2013 March 2014 April 2014

June 2014

Project Team established and Project launched Informal consultations with stakeholder groups at Third Annual ICAR Meeting in Washington, DC Phone/online/in-‐person consultations with governments, civil society, businesses, the investment community, academia, and national human rights institutions (NHRIs)

European Civil Society Dialogue, Brussels, Belgium African Civil Society Dialogue, Accra, Ghana Consultation with NANHRI Members, Accra, Ghana Global Consultation at the UN Forum on Business and Human Rights, Geneva, Switzerland Consultation with regional stakeholders during Latin America Dialogue on National Implementation of Business and Human Rights Frameworks, Bogotá, Colombia Consultation with regional stakeholders during Asia-‐Pacific Dialogue on National Implementation of Business and Human Rights Frameworks, Delhi, India Project Toolkit and Report finalized and publicly disseminated

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?

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?