Co-Chair
Edie Hofmeister
Co-Chair
Daisuke Takahashi
The objective of the Business Human Rights (BHR) Committee is to create awareness amongst lawyers in all fields of practice, of business and human rights, corporate sustainability, and more broadly ESG (environmental, social and governance, eg, conflict minerals and modern slavery transparency) principles.
Business and human rights issues are not new; but there has been a paradigm shift in the understanding of and approaches to the ways in which business may impact on the human rights of individuals and groups (both positively and negatively), since the endorsement in 2011 of the UN Guiding Principles on Business and Human Rights (UNGPs). This global, authoritative standard provides guidance on governments' duty to protect against human rights harm and business' responsibility to respect human rights, as well as the importance of access to remedy. The UNGPs are increasingly reflected in new laws and regulations, and in business relationships.
These developments raise challenges and opportunities for lawyers, both as advisers to their clients and, in the case of law firms, as enterprises in their own right. The UNGPs' unique approach to due diligence and risk management bring a new perspective to all areas of legal practice, from mergers and acquisitions, to supply chain management, investment and finance, and more. They are relevant for all lawyers, whatever their area of specialisation, be it advisory, transactional, compliance, regulatory enforcement or dispute resolution.
Business and human rights is also a key component of strategies supporting corporate responsibility, ethical business, sustainability and good corporate governance more broadly. The Business Human Rights Committee aims to promote the development of legal skills required to advise clients and to support law firm management in these areas, and to facilitate education and dialogue among lawyers who practice in this emerging area of the law.
15 Sep - 20 Sep 2024
Mexico City , Mexico
Through the rapid development of advanced AI systems, such as generative AI, however, the need for ensuring responsible AI has increased. In October 2023, the leaders of the Group of Seven (G7), chaired by Japan, agreed on the Hiroshima AI Process Comprehensive Policy Framework. The framework includes the adoption of the International Guiding Principles on AI and the International Code of Conduct for AI developers, based on the OECD’s report Towards a G7 Common Understanding on Generative AI.
Released on Jan 11, 2024
The 2023 revision of the OECD’s newly renamed Guidelines for Multinational Enterprises on Responsible Business Conduct reflects the significant social, environmental and technological developments that have transpired since the last update to the Guidelines in 2011. This article considers the key implications of the update for corporate disclosure and due diligence across the areas covered by the Guidelines, including human rights, labour rights, the environment, bribery and corruption, consumer interests and science, technology and innovation.
Released on Oct 04, 2023
When Rio Tinto blew up the ancient Juukan Gorge Caves in May 2020, it did not appear to break any state or federal laws. However, a thorough review of the Board’s report shows how the executive team failed to consider business and human rights legal frameworks that the company had adopted. When the law permits potential human rights and environmental harms, having the right people at the top and a robust integrated ESG programme can make the difference between good and bad corporate conduct.
Released on Jun 06, 2023
As shareholders increasingly take action to address environmental, social and governance (ESG) issues at public companies, a reactionary movement has mobilised to oppose their efforts. This anti-ESG movement promises to fight back against what it views as ‘woke capitalism’ and its positions attempt to make an ideological statement rather than effect change at companies. Though anti-ESG proposals and board contests have yet to gain significant traction in the corporate setting, increased politicisation of shareholder activism will likely result in heightened tensions during proxy seasons to come.
Released on Jun 05, 2023
The International Bar Association (IBA) Business and Human Rights Working Group has published a draft guidance for bar associations and business lawyers on the implementation of the United Nations (UN) Guiding Principles on Business and Human Rights (‘Guiding Principles’) – the first guidance of its kind since the UN Human Rights Council endorsement of the Guiding Principles in 2011.
The Business Human Rights Committee also coordinates the activities of the following subcommittees/working groups.
The UN Global Compact and the IBA, supported by Lexis Nexis, have produced three modules for a video training series entitled Lawyers as Leaders: The Essential Role of Legal Counsel in the Corporate Sustainability Agenda.
Watch the business and human rights module
Find out more and watch modules on labour, anti-corruption and the environment
With financial support from the IBA as well as the Government of Norway, the CAO of the World Bank Group, and the Government of Germany, the BHR Initiative at the Harvard Kennedy School has produced three films about the mediated resolution of company-community disputes.
The films relate to disputes around a copper mine in Peru, an oil and gas operation in Nigeria, and a hydro-electric power project in the Philippines.
Watch the introductory film