Understanding The Wind Parks of Oaxaca from a Guiding Principles on Business and Human Rights Perspective.

Rajiv Maher – Senior Advisor

Corporate Engagement Programme Coordinator

© 2013 DIHR 1

About the Danish Institute for Human Rights

• National Human Rights Institution

• Est. 1987 by act of Danish Parliament

• 100+ staff

• Work with business, government, and

civil society in 30+ countries

• Human Rights and Business since 1999

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DIHR Corporate Engagement Programme

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“Human rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity” — Office of the High Commissioner for Human Rights

What are human rights?

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Examples of human rights

Civil and political rights Economic social and cultural rights Core labour standards

Access to remedy

Standard of living, housing, food,

water Child labour

Arbitrary arrest and detention Cultural life Discrimination in empl. /occupation

Assembly and association Education Forced or compulsory labour

Children’s rights Family life Association and coll. bargaining

Equality before the law Health

Fair trial Non-discrimination and equality Additional standards

Life, liberty and sec. of person Rest and leisure Indigenous Peoples Rights

Freedom of movement Self-determination International Humanitarian Law

Non-discrimination and

equality Social security

…

Opinion, expression,

information Just and favourable conditions of work

Privacy

Property

Rights of minorities

Slavery

Take part in government

Thought, conscience, religion

Torture, degrading treatment

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INTERNATIONAL HUMAN RIGHTS LAW

NATIONAL LAW

How are human rights implemented?

RIGHTS-HOLDERS

INDIVIDUALS - FAMILIES - COMMUNITIES - GROUPS

Compliance

GOVERNMENT - PUBLIC BODIES - PRIVATE SECTOR

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© Danish Institute for Human Rights

Globalization as driver for human rights

UN “Protect, Respect and Remedy” Framework and Guiding Principles

1. State duty to protect against

human rights abuses by third parties,

including business, through appropriate

policies, regulation, and adjudication

2. Corporate responsibility to

respect human rights, which means to

act with due diligence to avoid

infringing on the rights of others

3. Access by victims to effective

remedies, judicial and non-judicial

Business & Human Rights: Background

2005 - 2008:

UN Framework

2008 - 2011:

Guiding Principles

2011-2014: UN WG /

Implementation

II. Corporate

responsibility

to respect

human rights

Pillar II. The corporate responsibility

“Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.” (Guiding Principle 11)

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II. Corporate

responsibility

to respect

human rights

Communicate

and Report

Assess Impacts

Integrate and

Act on Findings

Human rights due diligence: Procedure

Policy

Commitment

Track and Monitor

Identify and

Remedy

Grievances

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“The steps a company takes to identify, prevent, mitigate and address the adverse human rights impacts of its activities and relationships.”

II

Corporate

responsibility

to respect

human rights

Exercising human rights due diligence

– Potential and actual adverse

impacts

– Company activities and business

relationships

– Prioritisation of risks and impacts

– Meaningful consultation

ASSESSING IMPACTS

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Identifying human rights impacts

Scenario Which human rights might be

impacted?

Company pollution of the groundwater Right to health Right to an adequate standard of living Right to safe drinking water and sanitation

Harassment by security staff Right to security of person Right to non-discrimination

Access to spiritual sites Right to cultural life Right to remedy

Government resettlement of local communities Right to property Right to adequate housing

Compensation to formal land title holders Right to property Right to adequate housing

Peoples’ access to farming and fishing areas Right to an adequate standard of living

Consultation with community leaders Right to non-discrimination

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What the Guiding Principles do not Address

• Affected Community Consent for project planning.

• No reference to ILO169

• Empowerment of affected Rights Holders (Employees, Communities and others) for decision making – Human rights impacts.

• Power Imbalances between Business and Rights Holders – Company Lead.

Questions for Reflection

• Would following Due Diligence from UN Guiding Principles lead to Acceptance from Los Huaves and Zapotecas?

– Is consulting with the affected communities enough? Consent?

–Who gets to decide how well Human rights are being respected?