Guide on Implementing the UN Guiding Principles on Business and ...

1 , state duty to protect . It builds on the humanrights risks,Background to the UNGuiding PrinciplesUN the, and the ISOunable to meet their own human rights obligations, this makes it more challenging

1Scope of the <strong>Guide</strong> Part 2 Human rights content: including their Companies of all sizes: Audience of the <strong>Guide</strong>Structure of the <strong>Guide</strong> and

1Part 2Human Rights

Human Rights andHuman Rights Impacts in the ICT Sector2more on this, see ). (See and Stockholm Internet Forum (see Practices) and the “Freedom Online coalition.Understanding the ICT Sector in this <strong>Guide</strong>

the sector:ICT Sector SegmentDescription wholesale): as switches and routers) telecommunications 2Protecting HumanRights in the Digital Age.

Responding to the fast pace of change: 2 International ).rights. human rights due diligence to meet theincreased challenges, as will be discussed in Business Relationships 10

2 .11

Part 3into Practice

Understanding Human Rights Due Diligence Human rights due diligence should start at the earliest human rights.

I Commitment and I ABCDCommunicating the Policy CommitmentApplying the Commitment to Business Relationships

IResources on “InternationallyRecognised Human Rights”:as including, at a minimum: Social and Cultural Rights) and rights set out in the International Declaration on which address: child labour, and in women, children, racial or ethnic minorities), IA Policy Commitment all embed stakeholders, such as: telecommunications , the

Identifying leading human rights risks: For all companies: Operating in challenging contexts: below.IIBCommitment

IExample: Developing a GlobalFramework AgreementOne telecommunications . stakeholders: national humanrights institution, ICCommunicating thePolicy Commitment 20

Clear and consistent Choosing appropriate methods: Example: Communicating about Privacyuser can click and drag the cursor along thewill or will not take (e.g., rememberingI21

Choosing appropriate “language”: IDPolicy CommitmentI need to be consistent with it. and culture. 22

Section Example: Raising Awareness of theRisks Facing Student and TraineeWorkersto combat this risk including: ensuringOne has institutedI

challenging scenarios.IApplying the Commitment toBusiness Relationships I Getting it right from the start: clear guidance, including on: For more on these issues, see .

Read I

Questions to AskII-AI-BI-CI-DI-E Developing the Policy Commitment Communicating the Policy Commitment Aligning Internally with the Policy Commitment Applying the Commitment to Business Relationships

IIAssessing Human IIABCDBuilding a Systematic Approach to Assessment

IIABuilding a Systematic Approachto Assessment On-going assessment: II more on this, see below. Stand-alone or integrated processes:

the assessment should:> > > II> ). For component manufacturers,

IIResources on Country-level Risk: Risk Assessment Portal forthcoming Human Rights Resource Centre, ILO Human Annual Human Indicators Impacts on freedom of expression:Freedom House Impacts on children: IIBUnderstanding yourOperating Context human rights. Assessing contextual risks: human rights. Section below.

this, see ICRC, Business and International Humanitarian Law: An Introduction Humanitarian Law.) Operating in high-risk contexts: Example: Assessing Country andProduct Riskdetailed human rights due diligence isabout whether or not to engage in the salean annual basis. (see below). II Contact PointNational Human RightsInstitution

). human rights. Resources on “Dual Use”: Dual Use Strategic Best through the )II including:

IIExample: Managing Risks in theSales ProcessResources on “Know Your Customer”Approaches in the ICT Sector: and Human human rights record. In contracts with Assessing risks arising from supply chain relationships: In assessing risks,

Prioritising relationships for assessment: to supply chain impacts: , gold minerals did not originate in designated brings is also minerals seeks to II

. resources on this. .IIIIDResources: Matrix to Stimulate InternalDiscussion of Potential Impacts:

National Human Rights Institution, IIII

IIResources on Stakeholder Engagement: Researcher Associates, IFC, Stakeholder resources and tools)Example: Consulting withwho had been arrested and to other local how their concerns were taken into account. mutual understanding. being consulted.

1 and Recognising that conducting stakeholder consultation is a skill: Conducting Resources: Vulnerable orMarginalised Groupsinternational human rights instruments that Racial/ethnic groups Discrimination Children:the Child Indigenous peoples: II

human rights impacts, using the matrixII

Questions to AskII-AII-BII-CII-DII-EBuilding a Systematic Approach to Assessment Understanding your Operating Context Reviewing Business Relationships Drawing on Expertise II

IIIIntegratingand Acting IIIABCDBuilding a Systematic Approach to Integrating and ActingPrioritising Impacts for ActionActing in High-Risk Contexts

IIItoABuilding a Systematic ApproachIntegrating and Acting Resources on Privacy: Commissioner and RethinkingPersonal Data be sustainable. > > As noted Example: Privacy by Designwhich IP address.III

IIIResources on “Intermediary Liability”:communication and transactions betweencommercial in nature, and include Internet, Resources on this issue include: Internet Intermediaries and information or content: a basis in national law) and be in line with international human rights law, that are legal under domestic law but are not in line with international

Resources on Responding toGovernment and Other Requests: and in line with international human rights law and/or seeking assistance III S below.

and below. IIIBPrioritising Impactsfor Action Focusing on the risk to human rights: III based on their: Scale: Scope: (a)

SeverityLikelihoodFigure 2: Human Rights Risk within III CIII causing mitigate the remaining risk.

III on its part: human rights. discussed in below. > > >

IIIIIIDin Business Relationships

ights. Example: Collaborating to GenerateLeverage in Response to ProblematicGovernment DemandsIII

IIIResources on Collaborative Action toAddress Supply Chain Challenges: at addressing working conditions and in Indonesia trade unions and global brands. It can collaborate in setting standards that > > > > component manufacturers

IIIActing in High-Risk Contexts address these heightened risks. with international human rights law, see Examples: Working with Governmentsto Address Violent SituationsIII

Preparing for dilemma situations: In addition to the guidance in III more on remediation, see below.

to consider:III

IV ABCDBuilding a Systematic Approach to TrackingTracking through Business Relationships

Example: Tracking Performanceon PrivacyIVABuilding a SystematicApproach to TrackingOne telecommunications other issues. being tracked against its leading human rights risks to see whether and stakeholders (see below).

Anonymity and tracking: and others.Some meet these criteria, as discussed in on a regular basis. Communicating raises additional legal and human rights below. Conducting root cause analysis: Example: Anonymity and ChildrenOne well as what action has been taken (e.g.,user can be located using their IP address).outcomes (such as a child in danger being

those concerned. IVB Sources of inspiration for indicators:

is correct.Resources on Indicators: Fair Labor Association, and and and Balancing outcome-focused and process-focused indicators: Indicators for training: months later.IVCIncorporating would otherwise miss.

.) IVDTracking throughBusiness Relationships The role of contracts:

and auditing suppliers Example: Engaging in In-depth Analysisof Suppliers’ Performancegoing basis.

Questions to AskIV-AIV-BIV-CIV-DBuilding a Systematic Approach to Tracking Developing Indicators Incorporating Stakeholder Perspectives Tracking through Business Relationships

VCommunicating address them. ABCBuilding a Systematic Approach to Communicating

Example: Supplier Disclosure ListsOne discloses anVABuilding a SystematicApproach to Communicating Adopting consistent approaches to communication: disclosure, including:

all three. V B

Some telecommunications companies Fitting form to purpose:

VCFormal Reporting The case for formal reporting: The form of formal reporting: In the US, the elaborating Section Resources on Formal Reporting: include: gold

Example: Reporting on Governmentand Copyright Holder Requests toTake Down Content and GovernmentRequests to Share PersonalInformationOne includes www.Foundation. their decisions. Reporting and include:

Questions to AskV-AV-BV-CBuilding a Systematic Approach to Communicating Deciding Who Communicates What, to Whom and How Considering and Improving Formal Reporting

VIRemediation and ABCBuilding a Systematic Approach to Remediation

VIABuilding a SystematicApproach to Remediation S below). (a)

The rationale for a systematic approach to remediation: Section II) channels, such as:

).Example: Supporting Suppliers’Development of Grievance SystemsOne use it.

VIC continuous learning. Building on existing company mechanisms: It can be challenging to build addressing them. mechanism.

the state. Operational-Level GrievanceMechanisms:(a) Legitimate: (b) being known to all stakeholder (c) (d) seeking to ensure that (e) Transparent: ensuring thatoutcomes and remedies accord with (g) A source of continuous learning: drawing (h) Based on engagement and dialogue: whose use it is intended on its design dialogue as the means to address and to the conducted while the

Resources: Designing Operational-Level Grievance Mechanisms Access, For general information about non-judicialdispute resolution, see: ACCESS FacilityExample: Collaborative Approaches toAddressing Worker Grievancesincidents, and a general reduction in thehuman rights challenges. the decision,

it could:

Questions to AskVI-AVI-BVI-CBuilding a Systematic Approach to Remediation Mapping and Working with External Remediation Mechanisms

Annexes

International and Regional Human Rights Standards and InstrumentsInstruments Setting Out Internationally-Recognised Human Rights

Regional Human Rights Standards UN Guiding Principles and Implementation UN: Rights: www.ohchr.org/Documents/Publications/ Information Resources on Business and Human Rights Business and Human Rights Resource Centre: ILO: www.ilo.org/business Personal Data:

: BSR: www.

www2.ohchr.org/english/ www.ohchr.org/Documents/ www.humanrightsbusiness. Human Rights and Business Dilemmas Forum: business.html csr/12.htmCountry Risk Analysis www.humanrightsbusiness.

stakeholder.html

h www.edri. h ILO recruitment agencies:

www2.ohchr.org/english/law/cmw.htmFurther resources for ICT companies www.gbcat.org Child Safety Online

Operating in High-Risk Areas and and

Reports : www.ohchr.org/Documents/Issues/ www.unhcr.org/ Institutions/Organisations National Human Rights Institutions:

Dual useFixed lineHost stateHuman rights defenders on this issue.Human rights due diligence

Human rights policy commitmentHuman rights risksIntegrationIntellectual propertyInternationally recognised human rightsInternet Protocol and Internet Protocol (“IP”) AddressLeading human rights risksLegitimate Trade Unions

his or her human rights.a network.Potential human rights impactRemediation/remedyInternational

Stakeholder engagement/consultationState duty to protectSemiconductorsinstallation.ThrottleTracking human rights performanceUniform Resource Locator or “URL”Value chainnetworking.