13th United Nations Forum on Business and Human Rights

Session co-organized by the Working Group on Business and Human Rights, The Special Rapporteur on the Rights of Persons with disabilities, the ILO Global Business and Disability Network, the Disability Rights Fund and the Committee on the Rights of Persons with Disabilities (CRPD)


Brief description of the session: 
Building on last year’s session on Disability Rights as part of Business and Human Rights: Broadening the Discussion, this year’s session has a specific focus on "reasonable accommodation", sometimes referred to as “reasonable adjustments”, as a crucial element for upholding the rights of persons with disabilities in the context of business activities, and for strengthening their inclusion in all aspects of society. Reasonable accommodation aims to provide equal opportunities for employees at the workplace, so their skills and talents can be used to full capacity. By recognizing and accommodating individual needs, businesses create work environments that truly welcome the diversity of their staff and contribute to business activities.
By examining this concept and discussing how to implement reasonable accommodation effectively, the session seeks to identify best practices, challenges, and opportunities that ensure equal enjoyment and exercise of human rights. It aims to develop a better understanding of how to provide reasonable accommodations effectively, as well as to expand the understanding of reasonable accommodation beyond workplace settings, examining its relevance in various contexts such as education, healthcare, and public services.
 
Background to the discussions:
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) includes the core concept of "reasonable accommodation". This refers to the necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, which are needed in a particular case, to ensure to persons with disabilities have the enjoyment or exercise, on an equal basis with others, of all human rights. The denial of reasonable accommodation amounts to discrimination. Providing necessary adjustments in the workplace and beyond is in line with the State duty to protect and the business responsibility to respect under the UNGPs. Governments discharge of their duty to adopt and enforce laws and policies that protect the rights of persons with disabilities and businesses ensure the well-being and dignity of employees with disabilities, and those employees with dependants with disabilities. As such, reasonable accommodation is a critical component of the care and support agenda.
In the context of the business and human rights agenda, reasonable accommodation plays a pivotal role in ensuring that workplaces are inclusive and accessible. As businesses recognize the value of diversity and the economic benefits of an inclusive workforce, understanding the legal and ethical implications of reasonable accommodation becomes essential.

Key objectives of the session:

• Deepen understanding of the linkages between disability rights and the business and human rights agenda, particularly in relation to the business responsibilities and benefits  related to the provision of reasonable accommodations.
• Identification of good practices and innovative approaches to providing reasonable accommodation across different sectors and from various perspectives.
• Strengthen networks among participants to foster ongoing collaboration and shared learning on disability rights and business practices.

• Improve understanding on how insights from persons with disabilities can provide governments and businesses valuable context regarding the real-life implications of reasonable accommodation, ensuring that policies reflect the needs and rights of persons with disabilities.

Background documents:
Promoting diversity and inclusion through workplace adjustments: A practical guide (2016)
This guide aims to explain the concept of reasonable adjustments (“reasonable accommodation”) and provide practical step-by-step guidance on how and when these should be provided in the workplace.

• Download in English: Promoting diversity and inclusion through workplace adjustments: A practical guide
• Download in French: Promouvoir la diversité et l’inclusion grâce à des ajustements sur le lieu de travail: guide pratique
• Download in Spanish: Fomentando la diversidad y la inclusión mediante ajustes en el lugar de trabajo: una guía práctica

CRPD/C/GC/8: General comment No. 8 (2022) on the right of persons with disabilities to work and employment
CRPD/C/GC/6: General comment No.6 on equality and non-discrimination

Interpretation available in Arabic, Chinese, Russian, English, French, and Spanish. 

The annual Forum on Business and Human Rights is the UN's platform for multi-stakeholder dialogue to assess the progress made by States and businesses in translating the three pillars to "Protect, Respect and Remedy" of the Guiding Principles on Business and Human Rights (UNGPs) from paper to practice, identifying challenges and salient issues and discussing what is needed to address them adequately.

The opening plenary of the 13^th session of the UN Annual Forum, titled "Making the ‘Smart Mix’ Effective for Human Rights in Business", will provide different stakeholders' perspectives on the main theme of the Forum. Among other objectives, the opening plenary seeks to provide inspiration and help set the tone for constructive and solution-oriented dialogue over subsequent discussions. A main aim is to provide a space in which stakeholders can reflect on what the ‘smart mix of measures’ – national, international, voluntary and mandatory – means in practice to strengthen protection of, and respect for, human rights in the context of business activities, now and into the future, looking in particular at what has worked and not worked, and what still needs to be achieved for “smart mix”-driven changes to be effective, especially for rights-holders.

A key goal is to provide a global platform for stakeholder dialogue to explore key trends at the national, regional, and global levels in relation to the implementation of the UNGPs through a “smart mix”, and to identify positive practices in the actions of States, businesses, and other stakeholders on which progress can be built.

Format:
The plenary session will consist of a segment of high-level opening remarks, followed by a high-level dialogue featuring the reflections of stakeholders from different stakeholder groups and regions.

Key reference: Guiding Principles on Business and Human Rights

The Networking Hubs will provide an open platform designed to facilitate exchanges among diverse groups of stakeholders on the Business and Human Rights (BHR) agenda. These spaces are structured to encourage autonomous, participant-led conversations without formal speakers or panelists, fostering a free-flowing exchange of experiences and perspectives. The aim is to create a collaborative peer learning space within stakeholders, where each stakeholder group can directly engage with one another, fostering meaningful dialogue. 

The format of these spaces leverages the networking essence of the Forum, offering a flexible and open environment for different stakeholder groups to share best practices, challenges, and innovative proposals.  

Stakeholder groups: The Networking Hubs will focus on a range of pressing topics, including: 

• Human Rights Defenders & Civil Society Organizations: Addressing challenges and opportunities in advocating for human rights within business contexts. 

No interpretation will be provided. 

Brief description of the session: 
This session will explore different policies and regulations, both globally and in the different regions and how they have proved effective or not in improving the situation for (W)HRDs, Indigenous Peoples, and afro-descendent communities at risk, and what needs to be done.

This session is a joint session developed with the UNWG and Zero Tolerance Initiative members and allies: Accion Ecologica, AFRILAW, Asia Indigenous Peoples Pact (AIPP), Business and Human Rights Resource Center, CEMSOJ, Forest Peoples Programme (FPP), Greater Whange Residents Trust, International Lawyers Project, International Service for Human Rights (ISHR), The Indigenous Peoples Rights International (IPRI), Jamaa Resource Initiatives, Marginalised Mirror, Peace Brigades International (PBI), Protection International, Star Kampuchea, Swedwatch and Talent des Femmes Rurales.

Key objectives of the session:
To explore if different policies, voluntary measures, and regulations in different regions have contributed to improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk.
To reflect critically on the extent to which these smart mix initiatives have proved (in)effective, especially for rights-holders, and what would be the next steps that States and businesses need to implement to guarantee the protection of (W)HRDs.
 
Key questions: 
- How are (W)HRDs, Indigenous Peoples, and Afro-descendent communities being impacted by business operations?
- Have different measures in the “smart mix” effectively contributed to improved protection for (W)HRDs, Indigenous Peoples, and Afro-descendent communities from the risks posed by large-scale projects?
- How have companies developed zero tolerance / human rights defender policies, and what do these policies typically look like in practice? 
- In what ways are companies implementing HRD policies across different regions, and how are they ensuring that these policies provide real protection for defenders, Indigenous Peoples and Afro-descendent rightsholders?
- What are the key components of an effective corporate HRD policy, and how do companies ensure its practical application when human rights defenders are under threat?
- What challenges have companies faced when implementing HRD policies, and how are they overcoming them to ensure meaningful protection and engagement?
- Have state regulations in public procurement, which include human rights-related requirements, proved effective or not in improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk?
- In what ways have (W)HRDs, Indigenous Peoples and Afro-descendent communities been included in the development, implementation and evaluation or accountability of HRD policies, and what challenges remain? 
- What are the main limitations or failings of the current "smart mix" policies in ensuring transparency and meaningful engagement with Indigenous Peoples and Afro-descendent communities in development projects?
- Can community-led protection mechanisms, like Indigenous community protocols, offer more effective alternatives to top-down measures?
- What lessons can be drawn from bottom-up approaches led by Indigenous and Afro-descendent communities in shaping measures that truly protect (W)HRDs?
- Why is it important to move toward binding rules—whether national, regional, or international—when it comes to corporate accountability, covering protections for human rights defenders (HRDs), Indigenous Peoples, and Afro-descendent communities?
- What progress is being made across different regions and other regions toward establishing binding regulations to hold companies accountable for human rights abuses?

Background of the discussion:
13 years on from the UNGPs adoption, which includes the notion of the “Smart mix” of measures, the concept has so fallen short with regards to concrete improvements for (W)HRDs, Indigenous Peoples and afro-descendent communities. These groups continue to face relentless threats, attacks, criminalisation and killings for their work protecting the land, the environment and the planet. Global Witness has recorded 1,910 killings of land and environmental defenders since the launch of the UNGPs in 2011. HRDs who confront business interests are among those defenders most at risk.
Systemic and transformative changes are needed to address the root causes of attacks and killings of Indigenous Peoples, afro-descendent communities and (W)HRDs. Effective legislation and regulation need to be put in place to protect against human rights harm by businesses.
 
This session will explore different policies and regulations, both globally and in the different regions and how they have proved effective or not in improving the situation for Indigenous Peoples, afro-descendent communities and (W)HRDs at risk, and what needs to be done. It will also look into business practice and address challenges and opportunities for improvement.

Additional background documents: 
The UN Guiding Principles on Business and Human Rights: guidance on ensuring respect for human rights defenders, UN Working Group on Business and Human Rights 2021. This report by the UN Working Group on the issue of human rights and transnational corporations and other business enterprises unpacks for States and business the normative and practical implications of the UNGPs in relation to protecting and respecting the vital work of human rights defenders. https://www.ohchr.org/sites/default/files/2022-02/Formatted-version-of-the-guidance-EN_0.pdf

Zero Tolerance Resource Hub - There is a growing body of standards, frameworks, tools, and guidance on corporate policies that commit to not tolerate or contribute to attacks against Human Rights Defenders (HRDs). The Zero Tolerance Initiative serves as a platform to coordinate civil society and rightsholder engagement in developing these materials. This hub collates resources to provide accountability tools for Indigenous Peoples, rural and Afro-descendent organisations and communities, and Environmental Human Rights Defenders (EHRDs) to advocate for and track company policy commitments and their implementation. https://www.zerotoleranceinitiative.org/zero-tolerance-policies
Committing to protections for Human Rights Defenders, Zero Tolerance Initiative, 2024, This document presents recommendations on minimum requirements for the development of private sector policies and procedures regarding protections for HRDs. https://www.zerotoleranceinitiative.org/committing-to-protections-for-human-rights-defenders

Declaration on Human Right Defenders +25, A supplement to the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: 25 years on; 20241003-DeclarationOnHumanRightsDefendersPlus25-web.pdf

Indicators on how to track businesses' respect of the rights of HRDs, ISHR
2024. This set of indicators is designed to provide companies with guidance on the responsibility of business to respect the rights of human rights defenders and to support civic freedoms. https://ishr.ch/defenders-toolbox/resources/business-and-human-rights-indicators/

Human rights defenders policy tracker, Business & Human Rights Resource Centre, 2024, This tracker by Business & Human Rights Resource Centre documents publicly

Session co-organized by the Working Group on Business and Human Rights, The International Trade Centre (ITC), the International Organisation of Employers (IOE), the German Helpdesk, and UN Global Compact.


Brief description
Small and Medium Enterprises (SMEs) account for 90% of businesses and 50-60% of employment worldwide: they are overwhelmingly present in economic activities around the world. SMEs are vital to economic growth and job creation globally, including when operating in environments where human rights risks are heightened, especially in conflict-affected areas. SMEs frequently lack the enabling legal and policy environment, the incentives, as well as the resources and knowledge to implement effectively the UN Guiding Principles on Business and Human Rights (UNGPs), which may affect their potential of integrating human rights due diligence in their daily operations. This session aims to consider ways to strengthen the capacity of SMEs to address these matters.
It is essential for SMEs to gain awareness about their responsibilities under the UNGPs and build capacities. In addition, the introduction of new regulations with global reach, including the EU Corporate Sustainability Due Diligence Directive (CSDDD) and national human rights due diligence requirements in France, Germany, the Netherlands and Norway, present SMEs with new challenges and expectations. These new mandatory requirements expect governments to provide support and guidance to SMEs and businesses to devise collaborative approaches.
This session will aim to empower SMEs with the knowledge and tools necessary to incorporate the UNGPs, especially human rights due diligence, into their operations to ensure that they can action better their responsibilities to respect human rights. It also aims to foster sustainable business practices by SMEs and position them as important potential agents for positive transformative local change to reduce adverse human rights impacts from business activities.

Objectives

• Increase awareness and understanding of the importance for SMEs to integrate human rights due diligence into business operations, including for SMEs in conflict-affected areas.
• Assist participants with practical tools and resources to implement human rights due diligence and foster responsible business practices. This would also include guidance on conducting human rights impact assessments, stakeholder engagement, and effective grievance mechanisms.
• Foster stakeholder engagement with SMEs, particularly from supply chain end points, associations, regulators and governments (e.g., through legislation, trade policies, and diplomacy for cross-border cooperation enabling HRDD).
• Explore challenges SMEs face in taking action and highlight best practices of SMEs that have effectively integrated responsible business practices into their business models.
• Share resources available for SMEs, including training programs, online-tools, helpdesks, funding opportunities, and partnerships with civil society.