13th United Nations Forum on Business and Human Rights

Snapshot co-organized by the Working Group on Business and Human Rights, SOMO (the Centre for Research on Multinational Corporations), and Asociación Interamericana para la Defensa del Ambiente (AIDA) – Latinoamérica  

Topic
The session aims to unveil pathways towards a just energy transition, highlighting the legal empowerment of communities and broadening access to justice through an enriched dialogue within a smart mix of measures.

Focus
We aim to explore legal strategies that can promote a just transition by empowering communities to ensure access to justice. We also aim to delve into the symbiosis interplay of decolonisation, decarbonisation, and decentralisation, enriched while addressing environmental racism and embedding gender and intersectionality perspectives. These principles not only advocate for the dismantling of historical power imbalances but also underscore the importance of fairness,     inclusive decision-making and restorative justice for Indigenous and marginalised communities.

Objectives
The primary objective of this session is to showcase case studies and legal strategies attempted by Global South communities that have challenged the unfairness of the energy transition while also championing the rights of local communities, with a focus on the irresponsible disengagement of carbon fossil fuel industries. This session aims to leverage (legal) strategies in a multi-stakeholder dialogue, to build a sustainable and just future.
We strive to unravel the intricate link between environmental justice and human rights and inspire States and corporate entities to adopt progressive, community-centred and innovative strategies to stop abusive practices. These strategies must prioritise community engagement, uphold respect for the rights of Indigenous and marginalised groups, provide tangible remedies for any adverse impacts of business activities, and demonstrate why responsible closure of carbon fossil fuel industries is not only fair for local communities but also desirable for our planet and societies.

Background documents:
Summary of regional event on just transition and climate litigation that we organized last year in Bogotá: https://aida-americas.org/es/encuentro-latinoamericano-sobre-litigio-climatico-y-transicion-energetica-justa-resumen-de-memorias (in Spanish)

Reflections from Colombia for a Just Energy Transition: document with reflections that make visible specific projects, public policies and regulations that hinder a true just transition by deepening the extraction and use of fuels that aggravate the climate crisis and imply social and environmental risks in the territories. They are collective reflections, supported by other international organizations that, like AIDA, seek climate justice and work to defend the environment and human rights. https://aida-americas.org/es/reflexiones-desde-colombia-para-una-transicion-energetica-justa (in Spanish)

Report that sets out five reasons why coal mining and burning must end from economic, political, environmental, climate and human rights perspectives. In addition, it presents arguments in favor of the decarbonization of Latin America's energy matrix through a process framed in climate justice that respects human rights and gender equality. https://aida-americas.org/es/carbon-un-combustible-condenado-al-entierro-el-final-de-una-era-y-la-promesa-de-una-transicion-justa (in Spanish)
https://www.stakeholderdemocracy.org/wp-content/uploads/2021/11/Full-report-Delta-Divestments.pdf

This research analyses the changing context driving divestments and raises several questions about the responsibility of International Oil Companies (IOC) to address the toxic legacies and the implications for communities in the Niger Delta and Nigeria writ large. This includes whether Domestic Oil Companies (DOCs) can improve the performance of the IOCs or if new dynamics could emerge, exacerbating the impacts on citizens, the environment, and the economy.
https://www.stakeholderdemocracy.org/wp-content/uploads/2016/06/Addressing-the-South-Souths-Environmental-Emergency.pdf

This paper calls for a high profile intervention on environmental issues to avoid Nigeria slipping further into conflict in the North and South. The paper argues that any discussion on sustainable development, prosperity and economic security in the Niger Delta must recognise the economic importance of the services provided by local ecosystems. Equally, the paper argues that discussion related to the stability of the Niger Delta region must recognise that the loss of sustainable livelihoods as a result of environmental degradation has been a major contributor to the conflict in the Niger Delta over recent years.
https://www.somo.nl/shells-reckless-divestment-from-niger-delta/
https://www.somo.nl/selling-out-the-niger-delta/

Snapshot co-organized by the Working Group on Business and the International Cocoa Initiative

In the agricultural sector, child labor is widely recognized as a serious human rights issue, affecting various industries including cocoa production. Over the past decade, both voluntary and mandatory measures have been introduced in producer and consumer countries. On one hand, the private sector has made efforts to integrate human rights due diligence into global supply chains, employing systems such as the Child Labour Monitoring and Remediation System (CLMRS), which has contributed to a significant reduction in child labor. On the other hand, governments in producer countries have implemented policies, action plans, and national systems to address and monitor child labor, while governments in consumer countries have mandated human rights due diligence (HRDD).

This session will review the progress, achievements, and ongoing challenges, examining how a combination of strategies has facilitated the effective implementation of HRDD across the agricultural sector and contributed to the reduction of child labor, with a particular focus on the cocoa industry.

Objectives of the session:
- Reflect on the drivers and obstacles of a smart mix in the agricultural sector
- Share good practices of smart mixes in the actions of States, businesses, and other stakeholders.
- Discuss the impact of MSIs’ involvement in the smart mix of measures

Snapshot co-organized by the Working Group on Business and Human Rights and the United Nations Population Fund (UNFPA)

Are workplace policies addressing gender-based violence and harassment, accommodating health and safety contingencies for pregnant women, or mandating counseling and services for HIV? Approximately 190 million women work in global supply chains – in the factories, farms, and packing houses that supply the world’s clothing, goods, and food, and yet the average workplace today does not assume accountability for women’s sexual and reproductive health and rights. Businesses can be a key ally for delivering sexual and reproductive health information and services via the workplace to millions of their employees across the world. It is with this in mind that the UNFPA-led Coalition for Reproductive Justice in Business is pleased to host a snapshot session on the sidelines of the OHCHR Business and Human Rights Forum. The session targeted to c-suite corporate leaders, policy makers, International non-governmental organizations and civil society leaders and UN agency senior leadership representatives will aim to:
* Engage business on their role in advancing the sexual and reproductive health and rights of the women they engage as employees, suppliers, customers and communities;
* Present the recently launched policy paper by UNFPA and Accenture titled, “Advancing Sexual and Reproductive Health in the Private Sector”;
* Build a community of practice with private sector partners who are willing to champion SRHR in the workplace through policies, awareness building programmes, and other actions that enhance access to services for women’s health

Snapshot co-organized by the Working Group on Business and Human Rights and IPIS (International Peace Information Service) 

This Snapshot presentation will share grassroots experiences from communities affected by industrial diamond mining across the African continent with various avenues for seeking redress for human rights and environmental harms stemming from diamond mining operations. Despite the diamond mining sector initially spearheading responsible sourcing initiatives with the Kimberley Process Certification Scheme in 2003, many issues persist to date.
Presenters will offer first-hand perspectives from Tanzania and Lesotho, where communities and civil society have actively engaged with companies, government authorities, domestic and foreign courts, and operational-level grievance mechanisms to address corporate human rights and environmental impacts. They have pursued remedies for various issues, including abuses by security forces, pollution, floods, and land compensation disputes, with varying degrees of success. These real-life experiences will be used to provide tangible insights into the challenges and opportunities for human rights protection in mining contexts, and to derive broadly applicable strategies for addressing the complexities of remedy and accountability in the context of industrial mining across Africa.


Additional background documents: 
Challenges in securing access to remedy and restoring community relations after serious human rights abuse at the Williamson diamond mine (Tanzania) – report by the International Peace Information Service (IPIS): https://ipisresearch.be/publication/petra-diamonds-attempts-to-come-clean-with-its-tarnished-past-in-tanzania/

Grassroots impacts of diamond mining and the role of the Kimberly Process – reports, insights and statements by the Kimberly Process Civil Society Coalition: https://www.kpcivilsociety.org

Snapshot co-organized by the Working Group on Business and Human Rights Broederlijk Delen 

As investments into so-called “critical” minerals mining projects expand, local (indigenous) communities are often still left without effective mechanisms to protect their rights and to hold both states and private actors accountable for harm. This raises questions on the effectiveness of existing mechanisms for prevention, accessing justice and remediation that go beyond the particular of specific settings, highlighting the need for cross-continental learning and more coordinated global action for effective protection of human rights in the context of rising mineral demand. This session therefore aims to share insights, lessons and recommendations, drawing from specific experiences in Africa and Latin America.

Snapshot co-organized by the Working Group on business and human rights and the United Nations Environment Programme Finance Initiative 

Human rights and environmental issues are becoming a core consideration for financial institutions (FIs). FIs can play an important role in mitigating and adapting to the triple planetary crisis of biodiversity loss, pollution and climate change and are increasingly investing in the environment, including in the transition to renewable energy. However, for these efforts to contribute to sustainable development, FIs must avoid causing or contributing to negative impacts on human rights. FIs can enhance their positive impact on society by leveraging their influence with clients/investees to promote respect for human rights and enable access to remedy.

In this snapshot session, UNEP FI will outline key actions that the financial sector can take to advance human rights within their organizations. As part of this session, we are also proud to launch the Human Rights Resource Kit, which provides practical step-by-step guidance for banks on how to develop their own human rights policy, undertake human rights due diligence, develop effective grievance mechanisms, and enable access to remedy. The session will also highlight some examples of best practice and current trends in human rights within the financial sector arising from peer-led discussions within the UNEP FI Human Rights Community of Practice.

Snapshot co-organized by the Working Group on Business and Human Rights, Global Forum of Communities Discriminated on Work and Descent (GFoD) and International Dalit Solidarity Network (IDSN)

Across the globe, almost 270 million people are discriminated against, based on their present or ancestral occupation (work), descent or inherited status, such as caste. Collectively, they are known as Communities Discriminated on Work and Descent. Their marginalisation in political, social, and economic development is exacerbated further in the context of business activity intersecting with discrimination, leaving them powerless; vulnerable to bonded labour, modern slavery, child labour and hazardous work.

Due to its hidden nature, especially within the complex ecosystems of global supply chains many businesses, particularly those with a global footprint may not be fully aware of the extent to which discrimination based on work and descent influences their supply chains.

A smart mix of measures at national, international, voluntary, and mandatory levels aimed at addressing discrimination based on work and descent as part of broader human rights due diligence processes and just transition strategies must be prioritised.

Snapshot co-organized by the Working Group on Business and Human Rights and Löning – Human Rights & Responsible Business and Ulula (an EcoVadis company)

​An effective grievance mechanism is essential for companies, serving as an early warning system to identify and address risks before they escalate into larger issues. With increasing regulatory requirements and heightened societal expectations, companies are now obligated to create mechanisms that address concerns related to human rights and environmental matters. 

During this session, the speakers will explore the critical role of grievance mechanisms in corporate risk management, emphasising how collaboration strengthens two core elements: accessibility and effective case handling. Accessibility is not just about offering multiple channels—whether digital platforms, face-to-face meetings, or anonymous submissions—but also ensuring these channels are co-designed with input from all stakeholders. By working together, companies can create systems that meet the diverse needs of rights-holders and ensure grievances are captured and addressed in real time to foster greater transparency and trust with stakeholders.

Additionally, the session will tackle one of the most common challenges faced by companies: effective case handling. Companies need to allocate dedicated resources to manage grievances efficiently, but resolving these issues often requires more than internal efforts. By collaborating with external experts, local communities, and civil society organisations, companies can bring in the necessary expertise to resolve grievances in a timely and credible manner. A shared approach to case management ensures that grievances are not only acknowledged but resolved in ways that build long-term trust and accountability.

Snapshot co-organized by the Working Group on Business and Human Rights, and the Legal Innovation for Sustainable Investments Foundation (LISI)

For business to embrace HRDD and ensure effective stakeholder engagement, this needs to be translated into practical steps which can be taken by companies and protected by incorporation into legal structures, in a language which businesses can readily understand. This snapshot will focus on the work of (1) the Legal Innovation for Sustainable Investments (LISI) Foundation in creating an Impact Term Sheet, incorporating legal structures to embed stakeholder due diligence and ongoing consultation into company governance and an Impact Card, allowing businesses to understand how choices of different governance structures increase or decrease the potential for positive impacts and (2) Valuing Impact on integrating the value of human, social and natural capital into decision making, by providing innovative methods, data and experience. 

Relevant web pages: 
https://www.lisi-law.eu/impact-term-sheet
https://www.valuingnature.ch/

On September 23, alongside the UN General Assembly and Climate Week, the Taskforce on Inequality and Social-related Financial Disclosures (TISFD) was officially launched. Four years in the making, the Taskforce is a global initiative to co-create, through inclusive governance and process, recommendations and guidance for businesses and financial institutions to understand and report on impacts, dependencies, risks, and opportunities related to people in order to incentivize business and financial practices that create fairer, stronger societies and economies. During this snapshot three Founding Partners will introduce the Taskforce, how it can contribute to the goals of the business and human rights movement, and opportunities for attendees to take part.

There is an urgent need to develop more sustainable business practices. To achieve this, we need to identify not only where business is currently falling short, but also provide evidence for how specific responsible business approaches that encapsulate HREDD can create positive impact at the scale required to ensure just transitions. This snapshot will focus on an innovative and adaptive business model that aims to disrupt the traditionally obscure diamond supply chain. HB Antwerp, and its subsidiary HB Botswana, employ a business model that is focused on providing radical transparency of the diamond production process with reliance on technological innovations and knowledge transfer to build local capacity.
 
Relevant web page:
https://www.humanrights.unsw.edu.au/research/current-research/transforming-business-practices-global-supply-chains
 

Snapshot co-organized by the Working Group on Business and Human Rights and Statkraft  

"Safeguarding Human Rights: A Strategic Approach Through Due Diligence in Renewable Energy Projects" focuses on the integration of human rights due diligence in the renewable energy sector, particularly in regions with complex labor markets and inadequate worker protections. The session will explore how a strategic mix of regulatory mandates, CSR initiatives, and voluntary frameworks like the UNGP can help mitigate human rights impacts, especially on vulnerable communities such as migrant workers and indigenous peoples. By examining the challenges and efficacy of these measures during project planning and execution, the session aims to highlight the importance of accountability, transparency, and collaboration in upholding human rights standards throughout the project's lifecycle.

Snapshot co-organized by the Working Group on Business and Pels Rijcken & Droogleever Fortuijn NV

The Zero Draft of European Model Clauses has gone into worldwide consultation in July 2024. These model clauses are aligned with the EU Corporate Sustainability Due Diligence Directive (CSDDD), OECD Guidelines and UNGPs and aim to introduce responsible contracting practices in supply chains. This development is also relevant as Article 18 CSDDD prompts the European Commission to develop guidance on model clauses. Whereas contracts are an important means to implement human rights compliance in a legally binding fashion in supply chains, they are an indispensable part of due diligence. However, the current contractual practices in many cases exacerbate human rights impact instead of improving the situation. Therefore, responsible contracting practices should be implemented. In this session the European Model Clauses and their objective to implement responsible contracting practices are introduced as well as the context of the CSDDD in which contracts play an important role.

Background information
The Zero Draft, an introduction and a commentary to the clauses (with general commentary explaining specific Articles, practical guidance on implementation and member state specific observations regarding the Articles) may be accessed at https://www.responsiblecontracting.org/emcs. This site may be referred to for background information.

Snapshot co-organized by the Working Group on Business, the European Institute for Crime Prevention and Control, affiliated with the UN (HEUNI) and Coretta & Martin Luther King Institute for Peace 

This snapshot session focuses on migrant workers’ access to effective remedy in Europe, more specifically in the Nordic countries and the Baltic Sea region, discussing if and how migrant workers, who have been exploited at work, have access to effective remedy for the harm they have suffered. Migrant workers may face structural and practical barriers in accessing remedy, including lack of information about grievance mechanisms and rights, and lack of access to legal aid or other support. Well-functioning grievance mechanisms that allow for access to effective remedy may also not exist. Based on recent research findings, this session highlights the gaps in migrant workers’ access to effective remedy and discusses how to engage with key stakeholders to address these barriers in local remedy ecosystems. It presents concrete examples of stakeholder engagement that have facilitated access to effective remedy.
Key objectives:

• Address challenges and practical barriers migrant workers face in accessing remedy in the Nordic countries and the Baltic Sea region.
• Discuss how stakeholders can work together to tighten gaps along different levels of the supply chains to improve access to effective remedy.
• Emphasize the role of civil society actors in conjunction with all the other actors involved in the abuse-remedy cycle.
• Address what is needed to move a smart mix of measures from theory to practice to achieve better outcomes.
• Showcase good examples to improve migrant workers’ access to effective remedy in the Nordic countries and the Baltic Sea region based on recent research.

Snapshot co-organized by the Working Group on Business and Human Rights, ECLT Foundation and Better Cotton 

Summary
In the agricultural sector, farmers and workers, including children face systemic human rights challenges. In response, companies, governments and multi-stakeholder initiatives (MSIs) are collaborating to develop and implement a smart mix of measures to address them.
In this session, the ECLT Foundation and Better Cotton will share their insights as MSIs involved in developing and implementing a smart mix of measures in agriculture across various contexts and geographies.

Objectives of the session

• Explore the roles that companies, governments, and civil society can play in addressing the root causes of human rights challenges for a meaningful, sustainable change.
• Assess the landscape for collaboration among MSIs aiming to advance human rights due diligence in agriculture.

Snapshot co-organized by the Working Group on Business and Human Rights and the Business & Human Rights Resource Center

Climate change is both a growing catastrophe and an enormous opportunity for the world. It requires a rapid, global energy transition. The speed of the shift will depend on the scale and scope of investment available. But it will also depend on building broad public support, and particularly from those directly affected by renewable mega-projects and the vast new transition mineral operations essential to powering them. Replicating abuses of the traditional extractive sector risks further entrenching power inequalities between workers and frontline communities – many of which are Indigenous Peoples – and companies, threatening the transition as a whole, as rightsholders increasingly reject abuse and unfair terms.
A smart mix of measures – national, international, voluntary and mandatory – can mitigate these risks and provide pathways to a just energy transition grounded in a corporate duty of care for human rights, fair negotiations, and commitment by business, investors, and governments to true shared prosperity. The mix includes:

• New regulatory advancements and guidelines demanding human rights due diligence and increased corporate accountability from regions as diverse as Latin America, Asia, and the EU.
• A limited – but growing – set of examples of better business and investor practice reflecting commitment to an equitable, sustainable and inclusive transition that respects rights and prioritises shared benefits.
• The informed and assertive role of trade unions, workers’ organisations and Indigenous Peoples’ organisations and communities to achieve fair outcomes to negotiations.

The discussion will seek to highlight the smart mix strategies necessary to deliver a fast and fair transition and a new social contract.

Snapshot co-organized by the Working Group on Business and Human Rights and the Human Rights Entrepreneurs Clinic, Harvard Law School

This snapshot session will explore the content and application of the “Fourth Pillar,” an initiative which aims to center communities in the field of BHR. Despite the growth in the BHR field in recent years, communities are still too often missing from key conversations and decisions. Communities should be able to claim their place at the table, as they have first-hand understanding of what threatens their rights and have much to contribute to frameworks, processes, and practices that would better protect them. The Fourth Pillar Principles include the need to elevate community agency and tackle power imbalances that undermine communities’ rights. The Fourth Pillar Initiative seeks to have the Principles spur further action and innovation in the BHR field, adding to the “smart mix of measures” for businesses, states, civil society, and communities.

A full version of the Fourth Pillar Principles can be found at www.fourthpillarinitiative.com.

The intersection of business activities and human rights presents a critical area for scholarly exploration and policy development. Recognizing the importance of promoting responsible business practices, protecting human rights, and fostering expertise in this field, this panel aims to establish a multisectoral platform for advancing Business and Human Rights (BHRs) education and capacity development. Furthermore, bolstering the capacity for implementing BHRs scholarship and education necessitates educational institutions to develop customized courses that offer practical, skill-based learning utilizing a diverse array of online and traditional classroom resources. Conventional human rights programs typically lack the depth required to delve into the complexities of BHRs as a unique and interdisciplinary field of study. Thus, what are the BHRs education needs of stakeholders in business, government, civil society and industry associations, and how can educators effectively meet such needs through innovative pedagogy that emphasize the smart mix of measures?

The “Litigating Business & Human Rights” snapshot will feature an engaging and dynamic conversation between Deborah Enix-Ross, Senior Advisor for Global Engagement at Debevoise & Plimpton LLP, and past-President of the American Bar Association, and Daisuke Takahashi, Partner at Shinwa Law, Co-Chair of the International Bar Association’s Business & Human Rights Committee, and Representative Director of the Japan Center for Engagement and Remedy on Business and Human Rights. Deborah and Daisuke will discuss the role of litigation in the “smart mix” of judicial and non-judicial mechanisms in the enforcement of business and human rights. Speakers will focus on the advantages and limitations of litigation, the challenges of achieving meaningful remedy, the function of lawyers in business and human rights litigation, and the role of the UNGPs and the draft treaty in litigating business and human rights.

In the past decade, the UNGPs became the authoritative framework in the world of sport, in particular for organizing and staging mega-sporting events (MSEs), like the Olympic and Paralympic Games, or world or regional championships of a specific sport. A smart mix of human rights policies, requirements and provisions in hosting regulations and contracts, and human rights strategies, working groups, advisory boards, and guidances are currently in place, issued by sports bodies, governments and international organizations.

While there has been a strong increase in human rights standards, the information on the way these standards are being enforced is just emerging. This snapshot session reflects on the effectiveness of human rights due diligence measures that were implemented for UEFA’s EURO 2024 that took place in Germany in the summer of this year, with a specific focus on the Human Rights Advisory Board and grievance mechanism that UEFA and the event organizers established. A conversation between members of the board and representatives of UEFA will highlight some of the challenges and lessons learned regarding human rights due diligence for mega-sporting events.