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This paper explores how UK-based companies deal with their responsibility to respect the human rights of Assam (India) tea plantations workers. Using publicly available corporate reports and other documents, it investigates how companies approach, and communicate on, their potential human rights impacts. It highlights the gap between well-documented human rights issues on the ground and corporate reports on these issues. It aims to answer the following research question: in a context where the existence of human rights violations at the end of the supply chain is well-documented, how do companies reconcile their possible connection with those violations and the corporate responsibility to respect human rights under the United Nations Guiding Principles on Business and Human Rights? The paper reveals the weakness of the current CSR approach from the perspective of rights-holders. It supports a business and human rights approach, one that places the protection of human rights at its core.
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.
As globalization has brought about new concerns and responsibilities for business, particularly in the realm of human rights, many multinational corporations (MNC) operating in Asia have argued that such rights are the responsibility of government. However, as globalization continues to improve market access for MNCs, it increasingly exposes them to new forms of transnational social movements, and as a result the private sector has emerged as one of the central stakeholders in the region’s human rights dialogue. Taking three of Asia’s fastest emerging economies – Cambodia, China and Thailand – as its starting point, Corporate Social Responsibility and Human Rights in Asia explores the business case for corporate social responsibility, human rights and anti-corruption in the region. In doing so, it examines how industry perceives human rights and corruption within the corporate social responsibility (CSR) paradigm, and builds on the argument that the CSR regime is a socially constructed concept. Drawing on interviews with key stakeholders including business leaders, nongovernmental organizations, international organizations and government officials, Robert Hanlon argues that industry perceives human rights as outside their sphere of influence; that divergent stakeholder interests are side-lining the human rights debate; and that human rights are increasingly ignored in the quest for profit-maximization. This leads to the conclusion that human rights and corruption will remain peripheral business issues until stakeholders find new ways of creating space for CSR engagement, and business actors will continue to marginalize the human rights issue so long as governments in the region let them. This interdisciplinary book draws on political science, business and sociological perspectives and as such, will be of great interest to students and scholars working across the fields of Asian business, corporate social responsibility and business ethics, human rights and international political economy.
This case study focuses on the role of transnational non-judicial grievance mechanisms in remedying human rights grievances of workers on tea plantations in India who are linked to transnational supply chains.Business activity: this research spans numerous individual business enterprises in the tea sector. Indian tea production is dispersed across many individual plantations in different parts of the country. Our research focused in particular on plantations located in Tamil Nadu, Darjeeling and Assam. Many plantations are owned by individuals or families, though some large companies own multiple plantations. Transnational connections: Direct ownership and management of plantations is generally carried out by Indian nationals, and large India-based companies such as the Tata Group are involved in both tea production and processing. However significant proportions of tea produced in India are exported to foreign markets, giving rise to extensive links through supply chains to international buyers, who sell the tea on foreign markets.Human rights issues: Many of the human rights issues affecting tea plantation workers are related to labour rights. These include concerns about wage levels, precariousness of employment, health and safety issues, and gender or caste discrimination. Also important are concerns regarding the adequacy of provision of social infrastructure and services on farms. Available grievance mechanisms: When human rights problems arise, a number of grievance mechanisms are formally available to workers. The grievance arrangements most commonly used by workers are located at the local level, encompassing both mechanisms operated by estate management, and those associated with standard administrative and legal processes of labour regulation.
"This interpretive guide is designed to support the process of the effective implementation of the United Nations Guiding Principles on Business and Human Rights for implementing the "Protect, Respect and Remedy" framework. The guide focuses on the Guiding Principles that address the corporate responsibility to respect human rights. It was developed in full collaboration with the former Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises."--Provided by publisher.
The issue of corporate responsibilities has had a tumultuous history at the United Nations. When the Human Rights Council unanimously endorsed John Ruggie’s Guiding Principles in June 2011, it was the first time that the UN stated authoritatively its expectations in the area of business and human rights. This volume captures this special moment in time: a moment of taking stock of a successfully concluded UN Special Representative mandate (2005–2011) and of preparing for the massive task of following up with more operational guidance, effective governance mechanisms and sound theoretical treatments. The 12 chapters in this collection offer an in-depth analysis of Ruggie’s reports with a special emphasis on regulatory and governance issues surrounding corporate responsibility. How does international human rights law handle corporations? Are we beginning to grasp the complexities and impacts of financial markets on human rights? What kind of corporate due diligence can make supply chains more socially sustainable? Why should parent companies act when their affiliates infringe rights? What is the potential of national human rights institutions in the area of business and human rights? What is the role of states and law in the social change process promoted by the corporate responsibility movement? How do we ‘orchestrate’ polycentric governance regimes to ensure respect for human rights? Academics and practitioners, policymakers, business executives, civil society activists and legal professionals will find this collection useful as they embark on the difficult but exciting journey of refining and contextualising Ruggie’s foundational work.
This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.
More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the ‘protect, respect, remedy’ trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state’s duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains. Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.