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Symposium on Business and Human
Rights
An Introduction to Business & Human Rights
04 August 2017
Brig Rajiv Williams, YSM
Group Corporate Head CSR
Jindal Stainless Limited (JSL)
Introduction
The ‘Why’ of this Agenda
- First and foremost - Agenda from the stand point of
business - An entrepreneurial perspective
- Human rights is not anti-business or ideological
- Human rights are important, International norms are
important and we need to work to build own practices
and leadership in India
- Many believe that business and human rights do not
go hand in hand, human rights is the responsibility of
the State and not that of Corporations – Yes
- However important to respect Human Rights
- Articulated through various policies and frameworks
Introduction
Core Issues of United Nations Global Compact
• Human Rights
• Labour
• Environment
• Anti Corruption
Op Ed The Statesman
'A disrespectful military act'
Rajiv Williams
June 6, 2017 | 02:37 AM
PURVIEW
Background – Journey of B & HR Agenda in India
UNGPs on B & HR – John Ruggie’s Framework
Protect, Respect, Remedy
India CEO Forum on B & HR
An International Perspective
An Issue – Land Acquisition and Land use – A
Human Rights Approach
Background - Business and Human Rights
R & R Policy / Issues around Child labour, violence and
distrust over land acquisition etc.
Human Rights Committee UNGC (I) – To sensitize
corporations on UNGPs – 28th June 2011
Release of NVG – 8 July 2011 – Reporting Framework
Launch of India CEO Forum on Business and Human
Rights on 13 Feb 2012
Awareness Programs and trainings held across
locations – Jindal, Infosys, HUL - July 2011 onwards
NHRC and CII
UNGPs on B & HR
PROTECT, RESPECT, REMEDY
CORPORATE RESPONSIBILITY TO RESPECT
• FOUNDATIONAL PRINCIPLES - 11 – 15
• OPERATIONAL PRINCIPLES – 16 – 24
Principle Nos. 16 & 17 – Policy
Commitment and H R Due Dilengence
INDIA CEO FORUM ON B & HR
CHAIR – Mr. Narayana Murthy, Infosys
Convener – Brig Rajiv Williams, YSM
1 Core Advisory Group
was formed
2 Consultation /
Guidance of the Chair
of Forum
3 Formal Launch in
Delhi
4 Training Programs
conducted at Delhi,
Mumbai and
Bangalore
5 Human Rights due
diligence
Conclusion
Make Human Rights a business case
Importance of due diligence
Increase awareness
Documentation and Reporting
International Perspective
• Annual Forum - B&HR
• GBI Support
• OECD Guidelines
• National Action Plan
• Reporting framework
• Women Empowerment Principles
• WEP Leadership Group
• Issues – Migration, Land Acquisition etc.
An Issue – Land Acquisition
Guidelines for Business
A Human Rights Approach
COMMUNITY CHALLENGES
• Land has enormous
cultural and political
significance
• Business interest in
land is for a
different purpose
i.e. for its economic
value
• Some communities
have legal rights –
Others do not
• When communities
refuse to move –
State intervention
• State may decide to
deploy force
• Governments may
resort to use of
‘Doctrine of Eminent
Domain’
Community Challenges …….contd.
• Business in most cases have no control over actions
that governments take with regard to land acquisition
• Companies have human rights responsibilities, and
should be aware of inherent risks of being complicit in
actions governments take which lead to abuses
• No relocation shall take place without free, prior and
informed consent and after fair compensation
• The “Remedy” framework for business and human
rights, all companies have the responsibility undertake
due diligence before and during any business activity
Human rights due diligence – 4 components
:• Human Rights Policy Statement – articulating
company’s commitment to respect human rights
• Periodic assessments of actual and potential human
rights impacts of company activities
• Integration of these commitments and human rights
risk assessments into company decision-making
• Tracking as well as reporting performance.
PART 1 – Three Basic Principles for Land
Acquisition
1. Transparency – Companies should be open and
transparent with regard to purpose of land
acquisition
2. Non Discrimination – Should not discriminate
individuals
3. Accountability - Companies should ensure that
open and fair consultation processes
PART II – Essential Guidelines for Business on
the process of land acquisition
• Conduct a baseline survey
• Access conflict potential and impact
• Identify legal owners -
-The principle should be to protect the vulnerable
- Assess own needs fairly
- Make information accessible
- Consult all stakeholders
- Pay particular attention to women
- Consult without armed guards
- Identify local needs
Land Acquistion Processes…………. Contd.
• Use Government Support
• Avoid using State for securing community
consent
• Respect cultural norms but support international
human rights standards and democratic
processes
• Create structures that provide ongoing income
streams to communities
• Provide and maintain access to rivers, parks,
pastures etc.
CONCLUSION
• Not respecting human rights restricts the
potential of economic and entrepreneurial
prospects
• "It is easy to dodge our responsibilities, but we
cannot dodge the consequences of dodging our
responsibilities.” – Sir Josiah Stamp
• Part of this agenda is about enhanced
enterprise risk management
CONCLUSION
• Land acquisition is a tricky business and needs to
be worked upon in a very careful manner
• Government policies are not the only drivers and
the companies have to go beyond compliance
• It is in this context that Corporations need to
understand the second pillar of ‘Respect’
• Other issues like migration, fair trade etc. all need
a clear vision and mission.
Thank You
Jindal Stainless Limited
Jindal Centre,12,
Bhikaiji Cama Place,
New Delhi – 110066
INDIA
www.jindalstainless.com