Symposium on Business and Human

Rights

An Introduction to Business & Human Rights

04 August 2017

Brig Rajiv Williams, YSM

Group Corporate Head CSR

Jindal Stainless Limited (JSL)

Introduction

The ‘Why’ of this Agenda

- First and foremost - Agenda from the stand point of

business - An entrepreneurial perspective

- Human rights is not anti-business or ideological

- Human rights are important, International norms are

important and we need to work to build own practices

and leadership in India

- Many believe that business and human rights do not

go hand in hand, human rights is the responsibility of

the State and not that of Corporations – Yes

- However important to respect Human Rights

- Articulated through various policies and frameworks

Introduction

Core Issues of United Nations Global Compact

• Human Rights

• Labour

• Environment

• Anti Corruption

Op Ed The Statesman

'A disrespectful military act'

Rajiv Williams

June 6, 2017 | 02:37 AM

PURVIEW

Background – Journey of B & HR Agenda in India

UNGPs on B & HR – John Ruggie’s Framework

Protect, Respect, Remedy

India CEO Forum on B & HR

An International Perspective

An Issue – Land Acquisition and Land use – A

Human Rights Approach

Background - Business and Human Rights

R & R Policy / Issues around Child labour, violence and

distrust over land acquisition etc.

Human Rights Committee UNGC (I) – To sensitize

corporations on UNGPs – 28th June 2011

Release of NVG – 8 July 2011 – Reporting Framework

Launch of India CEO Forum on Business and Human

Rights on 13 Feb 2012

Awareness Programs and trainings held across

locations – Jindal, Infosys, HUL - July 2011 onwards

NHRC and CII

UNGPs on B & HR

PROTECT, RESPECT, REMEDY

CORPORATE RESPONSIBILITY TO RESPECT

• FOUNDATIONAL PRINCIPLES - 11 – 15

• OPERATIONAL PRINCIPLES – 16 – 24

Principle Nos. 16 & 17 – Policy

Commitment and H R Due Dilengence

INDIA CEO FORUM ON B & HR

CHAIR – Mr. Narayana Murthy, Infosys

Convener – Brig Rajiv Williams, YSM

1 Core Advisory Group

was formed

2 Consultation /

Guidance of the Chair

of Forum

3 Formal Launch in

Delhi

4 Training Programs

conducted at Delhi,

Mumbai and

Bangalore

5 Human Rights due

diligence

Conclusion

Make Human Rights a business case

Importance of due diligence

Increase awareness

Documentation and Reporting

International Perspective

• Annual Forum - B&HR

• GBI Support

• OECD Guidelines

• National Action Plan

• Reporting framework

• Women Empowerment Principles

• WEP Leadership Group

• Issues – Migration, Land Acquisition etc.

An Issue – Land Acquisition

Guidelines for Business

A Human Rights Approach

COMMUNITY CHALLENGES

• Land has enormous

cultural and political

significance

• Business interest in

land is for a

different purpose

i.e. for its economic

value

• Some communities

have legal rights –

Others do not

• When communities

refuse to move –

State intervention

• State may decide to

deploy force

• Governments may

resort to use of

‘Doctrine of Eminent

Domain’

Community Challenges …….contd.

• Business in most cases have no control over actions

that governments take with regard to land acquisition

• Companies have human rights responsibilities, and

should be aware of inherent risks of being complicit in

actions governments take which lead to abuses

• No relocation shall take place without free, prior and

informed consent and after fair compensation

• The “Remedy” framework for business and human

rights, all companies have the responsibility undertake

due diligence before and during any business activity

Human rights due diligence – 4 components

:• Human Rights Policy Statement – articulating

company’s commitment to respect human rights

• Periodic assessments of actual and potential human

rights impacts of company activities

• Integration of these commitments and human rights

risk assessments into company decision-making

• Tracking as well as reporting performance.

PART 1 – Three Basic Principles for Land

Acquisition

1. Transparency – Companies should be open and

transparent with regard to purpose of land

acquisition

2. Non Discrimination – Should not discriminate

individuals

3. Accountability - Companies should ensure that

open and fair consultation processes

PART II – Essential Guidelines for Business on

the process of land acquisition

• Conduct a baseline survey

• Access conflict potential and impact

• Identify legal owners -

-The principle should be to protect the vulnerable

- Assess own needs fairly

- Make information accessible

- Consult all stakeholders

- Pay particular attention to women

- Consult without armed guards

- Identify local needs

Land Acquistion Processes…………. Contd.

• Use Government Support

• Avoid using State for securing community

consent

• Respect cultural norms but support international

human rights standards and democratic

processes

• Create structures that provide ongoing income

streams to communities

• Provide and maintain access to rivers, parks,

pastures etc.

CONCLUSION

• Not respecting human rights restricts the

potential of economic and entrepreneurial

prospects

• "It is easy to dodge our responsibilities, but we

cannot dodge the consequences of dodging our

responsibilities.” – Sir Josiah Stamp

• Part of this agenda is about enhanced

enterprise risk management

CONCLUSION

• Land acquisition is a tricky business and needs to

be worked upon in a very careful manner

• Government policies are not the only drivers and

the companies have to go beyond compliance

• It is in this context that Corporations need to

understand the second pillar of ‘Respect’

• Other issues like migration, fair trade etc. all need

a clear vision and mission.

Thank You

Jindal Stainless Limited

Jindal Centre,12,

Bhikaiji Cama Place,

New Delhi – 110066

INDIA

www.jindalstainless.com