Law Lab: Human rights and the in-house lawyer: Creating and maintaining an ethical Click to add title Click to add title business Click to add subtitle Click to add subtitle John Morrison , Chief Executive, Institute for Human Rights and Business Moira Oliver , Head of Policy and Chief Counsel, Human/Digital Rights at British Telecommunications plc. Anna Triponel , Business and Human Rights Advisor, Triponel Consulting
Pl Plan for r the e law w law: w: 1) P 1) Panel d discussion on (30 min) John Morrison (setting the scene) Click to add title Anna Triponel (lessons learned from GCs) Moira Oliver (views from the inside) Click to add subtitle 2) 2) Audience refl flecti tions and discussions (30 min) 3) 3) Modern slavery stateme ments ts in practi tice (30 min)
Op Opening Remarks Jo John hn Morriso son Click to add title S etting the scene Click to add subtitle Where have we come from? Where are we today? What does the future hold?
Bu Business a and h human r righ ghts: in interna natio tional nal standar andards ds UN Gu UN Guid idin ing Prin incip iple les on Busin iness an and Human an • Click to add title Ri Rights (2011) OE OECD Gu Guid idelin lines on Mult ltin inatio ional al En Enterpris ises • Click to add subtitle (2 (2011) ILO F IL For orced ed La Labour Pr Proto tocol (2014) • EU n EU non-fi financial reporting g directive (2 (2018) • EU C EU Conflic lict M Min inerals als r regula latio ion ( (2021) 2021) •
Bu Business a and h human r righ ghts: na natio tional nal la laws US Anti-Tr US Trafficking, Conflict Minerals, Sanctions- • Click to add title related legislation re UK UK Modern Sla Slavery Act (2014) • Click to add subtitle Fr French lo loi de de vigilanc nce (2017) • Au Australian Modern Slavery Act Act (2019) • Developments in the Switzerland, De , Ne Netherlands, , • No Norway, , Ca Canada, , Germany et etc…
Bu Business a and H Human R Righ ghts i in P Practice f for or In In-ho hous use Le Legal al Teams ams Click to add title Anna Anna Tripo pone nel Click to add subtitle Where are the key lessons learned from general counsels and legal departments when it comes to business and human rights?
“T “The law is the law. Click to add title I I don’t see ee how I I can do anything g other er Click to add subtitle tha than n compl ply with th the the law.”
Companies are expected to: • Comply with all applicable laws and respect internationally recognized human rights, wherever they Click to add title operate AND Click to add subtitle • Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements (UNGP 23)
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“B “But su surely, our role as s lawyers s is s to Click to add title minimi mi mise e the e leg egal liability y of the e co company.” Click to add subtitle
Companies are expected to: • Assess their responsibility for the human rights impact Click to add title • Address the harm (depending on involvement with it) Click to add subtitle • Prioritise first those impacts that are most severe and most likely (the company’s ‘salient human rights issues’)
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“A number of these ch challenges are Click to add title endemic. c. Click to add subtitle It It’s rea eally y up to gover ernmen ments to fix the e issues we face ce.”
Companies are expected to: • Conduct human rights due diligence Click to add title • Seek to build and exercise leverage with other stakeholders Click to add subtitle • Communicate openly
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Hu Human Ri Rights in Practice: e: The e Example e of BT BT Click to add title Mo Moira Oliver Click to add subtitle What does this look like from the inside?
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Five excerpts from UK Modern Slavery y Act Click to add title st statements Click to add subtitle
Wh Which c com ompany i issued wh which a assessment? • ASOS Click to add title • BP • BT Click to add subtitle • Chevron • Polygon
Exhibit A “ Speaking Up We work hard to create a culture where anyone who is Click to add title worried about an ethical issue feels confident to speak up about it, even if they just have a suspicion. They can Click to add subtitle report their concerns on the phone or online through our independent Speak Up service − anonymously if they prefer (subject to local laws). It’s open to employees, contractors and suppliers…. (cont.)”
Exhibit B “We continue to strengthen the way in which we assess suppliers and contractors on human rights across the Click to add title business, including mitigations and monitoring over the lifetime of a contract. In 2017, we took a number of actions to strengthen our procurement and supply Click to add subtitle chain management practices: …….. (cont.)”
Exhibit C “Employees, suppliers and contractors may communicate workplace concerns to XXXX’s Corporate Compliance Hotline (available 24 hours a day, seven Click to add title days a week). The XXXX Hotline provides a direct, effective and risk-free way to report suspected Click to add subtitle violations of the XXXX Business Conduct and Ethics Code, company policies, and applicable laws or regulations. The Hotline is also available for use by external stakeholders and is accessible in multiple languages.”
Exhibit D “Publishing a Modern Slavery Statement is a step towards transparency with customers and the broader Click to add title stakeholder community, and can encourage collaborative, sustainable change. As more businesses disclose their risks, findings and actions, together we Click to add subtitle add to an industry-wide discourse on tackling modern slavery, learning from one another and discovering opportunities to collaborate…. (cont.)”
Exhibit E “ “ XXXX takes very seriously, its obligations under leglislation [sic] and guidelines and will never Click to add title knowingly deal with an organisation connected to slavery in any form. This statement sets out the action Click to add subtitle taken to ensure slavery is not part of XXXX, as required by the Modern Slavery Act 2015 ("the Act")….”
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