Pax Christi International’s participation in the 13th United Nations Forum on Business and Human Rights: “Realizing the ‘Smart Mix of Measures’ to Protect Human Rights in the Context of Business Activities”

From 25 to 27 November  2024, Mattia Tosato, PCI International Representative at the UN in Geneva, participated in the 13th United Nations Forum on Business and Human Rights held in Geneva, Switzerland. The Forum provided a platform to engage with diverse stakeholders, including States, businesses, civil society, and academic institutions, to discuss the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs). The theme highlighted the importance of a balanced combination of regulatory and voluntary measures to address human rights challenges in business operations.

Opening Ceremony Highlights

During the opening ceremony of the 13th United Nations Forum on Business and Human Rights, key speakers emphasized the importance of combining regulatory frameworks, voluntary initiatives, and international collaboration to safeguard human rights. The discussions underscored the disproportionate impact of business practices on vulnerable groups, particularly in conflict zones and resource-dependent sectors

UN High Commissioner for Human Rights Volker Türk underscored the unprecedented global challenges, including climate crises and unregulated technological advancements, and their implications for human rights. He emphasized that businesses, alongside other societal actors, benefit from peace, justice, and sustainable development, and therefore share a responsibility to uphold human rights. Türk urged business leaders to leverage their influence to advocate for a global recommitment to human rights principles, stressing that such leadership is crucial to building a more just and equitable world. He concluded by highlighting the necessity for unified efforts among States, businesses, civil society, and other stakeholders to ensure human rights are central to decision-making processes, fostering a sustainable and humane future.

Mia Seppo, Assistant Director-General for Jobs and Social Protection at the International Labour Organization (ILO), called for an integrated approach to addressing forced and child labor through enhanced due diligence processes. She stressed the importance of the Decent Work Agenda, which prioritizes increasing labor inspectors, promoting effective social dialogue, ensuring quality jobs, and improving access to justice. Seppo also highlighted the need to reduce the informal economy while considering the opportunities and challenges posed by emerging technologies. Chantal Chambu Mwavita, Minister of Human Rights for the Democratic Republic of the Congo, underscored the critical role of embedding human rights into the global value chain, emphasizing the need for businesses to align their operations with ethical and sustainable practices. Adriann Agle, Vice President of Impact and Sustainability at Cotopaxi, called for robust policies to ensure businesses adopt sustainable and ethical practices, reinforcing the importance of strong governance and accountability. Colin Nicholas, Coordinator for the Center for Orang Asli Concerns (COAC), and David Chemutai, Coordinator of the Benet MOSOP Indigenous Community Association, brought attention to the need for stronger protection of Indigenous Peoples. They highlighted the human rights issues linked to biofuel production and stressed the importance of addressing the exploitation and marginalization of Indigenous communities in global business operations.

Sessions:

  1. BHR Informal Dialogues: Conflict-Affected Areas

Jamie Williamson, Executive Director of the International Code of Conduct Association (ICoCA), highlighted the complexities of establishing security arrangements in conflict zones, where businesses risk being perceived as parties to the conflict. He emphasized the importance of ensuring these arrangements comply with international standards to mitigate such risks. Yusuke Yukawa, Partner and Yangon Office Representative at Nishimura & Asahi, referenced the 2022 report on Myanmar and proposed discussing practical case studies to illustrate the challenges businesses face. Both Williamson and Yukawa agreed that the UN Guiding Principles on Business and Human Rights are valuable tools for conducting risk assessments in these contexts but IHL and IHRL are the legal framework that Countries and People must respect

Participants also addressed:

  • The difficulties in building legal cases against businesses operating in conflict zones.
  • The ethical and practical challenges related to businesses paying taxes to governments in conflict-affected countries, which may inadvertently fuel further instability.

The session underscored the importance of transparency, adherence to international standards, and collaboration to navigate the complex intersection of business operations and conflict settings responsibly.

  1. Arms Trade and Human Rights Compliance

This session addressed the critical responsibilities of States and businesses to prevent human rights violations in the arms industry. The discussion highlighted the intersection of due diligence, accountability, and ethical practices in arms manufacturing and trade, particularly in high-risk regions.

Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, emphasized the critical importance of collecting evidence about the use of weapons to hold parties accountable. She pointed out the challenges of gathering admissible evidence for tribunals, as it requires specialized expertise. Al-Mutawakel also highlighted the interest of Western companies in Yemen’s conflict and the difficulties in ensuring accountability for weapons used illegally by countries involved in the conflict. Rodrigo Pintado, Human Rights Coordinator at the Permanent Mission of Mexico to the United Nations in Geneva, contributed to the discussion by exploring ways States can enhance oversight and promote accountability in the arms sector, particularly in contexts where arms transfers exacerbate human rights violations.

  1. Grassroots Perspectives on Addressing Human Rights and Environmental Harms in African Diamond Mining

This session provided a grassroots perspective on the challenges of remediating human rights and environmental harms caused by industrial diamond mining in Africa. Mieke Thierens, a researcher at the International Peace Information Service (IPIS), shared her extensive experience on the socio-economic, human rights, and environmental impacts of corporate activities in the region. Thierens addressed the persistent challenges faced by communities in accessing remedies, citing a specific case involving a UK-based company where mine security personnel were implicated in human rights violations. She highlighted the shortcomings of the operational grievance mechanism used in this case, emphasizing its lack of transparency, unclear procedures, and insufficient legal support for victims.

Drawing from her work in Tanzania and Lesotho, she stressed the importance of community capacity building, particularly in enabling communities to participate effectively in environmental impact assessments and to advocate for their rights. Thierens also underscored the need for meaningful stakeholder engagement, advocating for mechanisms that genuinely uphold the right to defense while addressing power imbalances. She called for people-centered solutions rather than consumer-focused approaches, ensuring that affected communities have equitable opportunities to influence decision-making. Finally, she emphasized the necessity of transparent and inclusive grievance mechanisms that prioritize the needs of vulnerable communities and promote accountability for human rights and environmental violations.

  1. Snapshot Series on Groups at Risk: Prevention and Remedy of Human Rights Abuses in Critical Mineral Value Chains

This session highlighted the challenges and opportunities in addressing human rights abuses in the value chains of critical minerals, with insights from both Latin America and Africa. Franco Albarracín, Coordinator of the Coordinadora Nacional de Defensa de los Territorios Indígenas Originarios Campesinos y Áreas Protegidas (CONTIOCAP), brought attention to specific cases that illustrate the difficulties faced by affected communities.Albarracín discussed the situation in Bolivia, where lithium extraction has been marked by a lack of transparency and limited access to information for local communities, including Indigenous Peoples. He also referenced Zimbabwe, where interactions with the Chinese Chamber of Commerce have presented significant challenges for ensuring community rights are respected. Albarracín emphasized the importance of developing robust national policies that prioritize transparency and equitable access to information. He advocated for informed consent processes that include all communities, with particular attention to Indigenous groups, as essential for addressing power imbalances and fostering sustainable practices in critical mineral extraction.

Conclusion

The 13th United Nations Forum on Business and Human Rights provided a vital platform to explore the challenges and opportunities for advancing the protection of human rights in the context of business activities. The sessions I attended emphasized the importance of transparency, accountability, and inclusive stakeholder engagement. From the complexities of conflict-affected areas to the challenges of regulating the arms industry and critical mineral value chains, each discussion reinforced the necessity of prioritizing the rights and voices of vulnerable communities.  For Pax Christi, the Forum underscored the importance of continued collaboration with NGOs to share best practices and build capacity for defending the rights of individuals and communities affected by corporate activities. The focus must remain on elevating grassroots perspectives and avoiding solutions that prioritize consumer convenience over meaningful remedies and protections. By keeping these issues at the forefront, we can work towards a more equitable and sustainable framework for business and human rights, ensuring that corporate actions align with the principles of justice, accountability, and human dignity.

Takeaways

Transparency and Accountability in Business Operations: Transparency emerged as a fundamental requirement for responsible business practices across all discussions. Companies must adopt robust monitoring mechanisms to ensure compliance with international standards, particularly in conflict zones and industries like arms manufacturing and critical mineral extraction. This includes creating grievance mechanisms that are clear, accessible, and capable of addressing community needs effectively.

Empowering Communities Through Capacity Building and Engagement: Grassroots empowerment was a recurring theme, emphasizing the importance of equipping local and Indigenous communities with the tools to participate in environmental impact assessments and decision-making processes. Genuine stakeholder engagement, free from power imbalances, ensures that affected communities can advocate for their rights and contribute to meaningful solutions.

Strengthening Legal and Policy Frameworks for Human Rights Due Diligence: There is an urgent need to establish stronger legal and policy frameworks to hold businesses accountable for their operations. Discussions highlighted the role of mandatory human rights due diligence (HRDD) and informed consent processes to ensure that corporate activities align with human rights principles, particularly in sectors with high environmental and social risks.

Collaboration and Sustained Advocacy for Vulnerable Communities: The Forum underscored the importance of ongoing collaboration among NGOs, civil society, and international organizations to share best practices and build capacity to defend the rights of vulnerable populations. Sustained advocacy is necessary to keep global attention on human rights and environmental harms, ensuring that corporate actions prioritize justice, accountability, and community-centered solutions.