Doing
Business Right – Monthly Report – May & June 2019
Editor’s note: Shamistha Selvaratnam is a LLM Candidate of the Advanced
Masters of European and International Human Rights Law at Leiden University in
the Netherlands. Prior to commencing the LLM, she worked as a business and
human rights solicitor in Australia where she specialised in promoting business
respect for human rights through engagement with policy, law and practice. Maisie Biggs graduated with a MSc in Global
Crime, Justice and Security from the University of Edinburgh and holds a LLB
from University College London. She is currently working with the Asser
Institute in The Hague. She has previously worked for International Justice
Mission in South Asia and the Centre for Research on Multinational Corporations
(SOMO) in Amsterdam.
Introduction
This report compiles all relevant news, events
and materials on Doing Business Right based on the coverage provided on our
twitter feed @DoinBizRight and on various websites. You are invited to
contribute to this compilation via the comments section below, feel free to add
links to important cases, documents and articles we may have overlooked.
The Headlines
Dutch Court allows Case against Shell to
Proceed
On 1 May the Hague District Court rules that it
has jurisdiction to hear a suit brought against the Royal Dutch Shell by four
Nigerian widows. The widows are still seeking redress for the killing of their
husbands in 1995 in Nigeria. They claim the defendants are accomplices in the
execution of their husbands by the Abasha regime. Allegedly, Shell and related
companies provided material support, which led to the arrests and deaths of the
activists. Although Shell denies wrongdoing in this case, the Court has allowed
the suit to proceed. The judgment is accessible in Dutch here. An English
translation is yet to be provided.
The Netherlands Adopts Child Labour Due
Diligence Law
On 14 May the Dutch Government passed legislation
requiring certain companies to carry out due diligence related to child labour
in their supply chains. The law applies to companies that are either registered
in the Netherlands that sell or deliver goods or services to Dutch consumers or
that are registered overseas but sell or deliver goods or services to Dutch
consumers. These companies will have to submit a statement declaring that they
have due diligence procedures in place to prevent child labour from being used
in the production of their goods or services.
While it is not yet clear when the law will come
into force, it is unlikely to do so before 1 January 2020. The Dutch law is
part of the growing movement to embed human rights due diligence into national
legislative frameworks. The law is accessible in Dutch here.
First case under the French Due Diligence
law initiated against Total
French NGOs Amis de la Terre
FR and Survie have initiated civil proceedings against
French energy company Total for the planned Tilenga mining project in Uganda. These
organisations and CRED, Friends of the Earth Uganda and NAVODA have sent a
formal notice to Total in relation to concerns over the potential expropriation
of people in proximity to the site of the Tilenga project and threats to the
environment. Information on the case from the initiating civil society
organisations can be found here. This is the first initiated case under the new French Due
Diligence law, and may act as a test case for future litigation.
In a similar vein, civil society organisations CCFD-Terre Solidaire and
Sherpa have launched Le Radar du Devoir
de Vigilance [The Vigilance Duty Radar], a resource to track the compliance of French companies to the law.
The site lists potentially subjected companies, and their published vigilance plans
(or lack thereof).
Bolstering the UK Modern Slavery Act
During a speech at the International Labour Organisation’s centenary conference on 11 June 2019, Theresa May outlined the UK
Government’s further commitments to strengthen the Modern Slavery Act 2015;
these included a central public registry of modern slavery transparency
statements by businesses (in a similar vein to the Gender
Pay Gap Service), and the extension
of reporting requirements to the public sector. Individual ministerial
departments will be obliged to publish modern slavery statements from 2021,
while central Government has committed to
publish voluntarily this year. The focus on public sector procurement will
apparently also include a “new programme that will improve responsible
recruitment in parts of our public sector supply chains that pass through
Asia.”
The Final Report of the Independent Review of the Modern Slavery
Act 2015 was released in May, and
considered in Westminster Hall on 19th June.
UN and International Organisations
Publications and Statements
•
European Commission – Corporate Social Responsibility, Responsible Business
Conduct, and Business & Human Rights: Overview of Progress
•
International Labour
Organisation – Public sector clients pledge action to foster fair
recruitment
•
OHCHR – Statement by the United Nations Working Group on Business
and Human Rights: Time for the G20 to act on commitments and step up leadership
on business and human rights
NGOs, NHRIs, CSOs and Human Rights
Organisations Publications and Statements
•
Amnesty International – Thailand: Defamation charges for exposing labour abuse
•
Business & Human Rights
Resource Centre – Out of Sight: Modern Slavery in Pacific Supply Chains of
Canned Tuna: A Survey & Analysis of Company Action
•
Business & Human Rights
Resource Centre – Out of Sight: Modern Slavery in Pacific Supply Chains of
Canned Tuna: A Survey & Analysis of Company Action
•
Center for International Legal
Cooperation – Summary of Sounding Board Consultation Round 1 – Results
Elements Paper on the Hague Rules on Business and Human Rights Arbitration
•
Clean Clothes Campaign – Questions raised after agreement reached on Bangladesh
Accord
•
Coalition for Human Rights in
Development – Uncalculated Risks: Threats and attacks against human rights
defenders and the role of development financiers
•
Conectas – Following Pressure, Vale Withdraws from UN Social
Responsibility Network
•
Conflict and Environment
Observatory – New UN legal report addresses the responsibility of states
and corporations for environmental damage in conflict
•
CORE – 49 global CSOs call for justice for Nigerian villages
devastated by Shell oil spill
•
CORE – Improving the effectiveness of the supply chain reporting
requirement in UK Modern Slavery Act 2015 and moving towards mandatory human
rights due diligence
•
European Coalition of Corporate
Justice – Finnish Government commits to HRDD legislation
•
FERN, Tropenbos International
and Fair Trade Advocacy Office – Towards sustainable cocoa supply chains: Regulatory options
for the EU
•
Justice Project Pakistan &
Equidem Research and Consulting – Through the Cracks: The Exploitation of Pakistani Migrant
Workers in the Gulf Recruitment Regime
•
Mahidol University, ASEAN CSR
Network & Article Thirty – Human Rights Disclosure in ASEAN
•
MVO Platform – MVO
Platform position paper on due diligence and certification
•
MVO Platform – The Netherlands takes an historic step by adopting child
labour due diligence law
•
OECD Watch – The State of Remedy under the OECD Guidelines: Understanding
NCP cases concluded in 2018 through the lens of remedy
•
OECD Watch – Use with caution: The role of the OECD National Contact
Points in protecting human rights defenders
•
Sancroft – The Sancroft-Tussell Report: Eliminating modern slavery in
public procurement
•
SOMO – European Development Bank significantly strengthens its
grievance mechanism
•
SOMO – Shell put Nigeria under pressure with ISDS process to obtain
oil field OPL 245
•
SwedWatch – Copper with a Cost: Human rights and environmental risks in
the mineral supply chains of ICT: A case study from Zambia
•
The Danish Institute for Human
Rights – Nestlé first company to publicly share its human rights
training for employees
•
The Freedom Fund – Going Dutch: The Netherlands’ Adoption of a Child Labour Law
Reaffirms Trend of Mandating Corporate Due Diligence
•
Treaty Alliance Germany – Briefing Paper on Zero Draft: Unpacking Arguments against a
Treaty
•
Trial International – German and Belgian Prosecutors Urged to Shed Light on
Exports of Dual-Use Goods to Syria
Government Press Releases and Publications
•
Canadian Government – Consultation on labour exploitation in global supply chains
•
Dutch Working Group on Enabling
Remediation – Discussion Paper
•
G7 – G7 Social Communique
•
United Kingdom Modern Slavery
Unit – Independent Review of the Modern Slavery Act 2015: Final
Report
In Court
•
Court of The Hague – Kiobel v Shell
•
Sydney Morning Herald – 'It's game on': BHP hit with record $7b claim in UK over
deadly dam collapse
In the News
•
Aljazeera – Brazil indigenous affairs head fired amid push to develop
Amazon
•
Amnesty International – Nigeria/Netherlands: Shell ruling “a vital step towards
justice”
•
Bloomberg - Kenya Cancels Environment License of $2 Billion Coal-Power
Plant
•
Ethical Corporation – 'UK multinationals will face greater scrutiny after the
Vedanta decision'
•
EUReporter Economy – Europe takes a big step towards companies having ‘duty of
care’ on #HumanRights
•
Financial Times – National courts have global companies in their sights
•
Financial Times – Pressure builds on mining industry over supply chains
•
Financial Times – Vedanta starts arbitration against Zambia after mines seized
•
Financial Times has launched Moral Money, a platform
and newsletter to cover ESG, impact investing and sustainable business
practice.
•
Ground Up – Aussie company show big profits from South African West
Coast mine
•
Japan Times – 'Culture of fear': Report alleges low pay and overwork for
laborers at Tokyo Olympics sites
•
Khaleej Times – Worker injured at work in UAE gets Dh1.5 million
compensation
•
Le Monde – Bolloré sued by ten NGOs
•
Mail Online – PM to unveil new measures to tackle `abhorrent´ modern
slavery
•
Nikkei Asian Review – Uniqlo discloses all garment factories for first time
•
Reuters – UK urged to 'lead by example' on slavery as top state
suppliers flout law
•
Reuters – UPDATE 1-BNP Paribas must face revived lawsuit over Sudanese
genocide- U.S. appeals court
•
Reuters – Widows of hanged Nigeria activists can continue case vs
Shell: Dutch court
•
The Guardian – 'I had pain all over my body': Italy’s tainted tobacco
industry
•
The Guardian – Are your tinned tomatoes picked by slave labour?
•
The Guardian – Dozens killed in DRC Glencore copper mine accident
•
The Guardian – Low pay in the garment industry still a reality despite
pledges – study
•
The Guardian – Murder, rape and claims of contamination at a Tanzanian
goldmine
•
The Guardian – WhatsApp spyware: UK firm promises new 'respect for human
rights' following allegations
•
The Sunday Times – Law on parent company liability moving in right direction
•
The Sydney Morning Herald – BHP faces beefed up class action over Samarco disaster
•
Triple Pundit – Companies Need More Than CSR To Tackle Modern Slavery
Academic Materials
•
Amy Sinclair and Justine Nolan
– Modern Slavery Laws in Australia: Steps in the Right
Direction? – Business and Human
Rights Journal
•
Bernice Yeung – In
a Day's Work: The Fight to End Sexual Violence Against America's Most
Vulnerable Workers – Human
Rights Quarterly
•
Charlotte Villiers – Global Supply Chains and Sustainability: The Role of
Disclosure and Due Diligence Regulation – In Beate Sjåfjell and Christopher M. Bruner (eds), Cambridge
Handbook of Corporate Law, Corporate Governance and Sustainability (Cambridge
University Press, Forthcoming).
•
David Strouss – Bringing Pesticide Injury Cases to US Courts: The Challenges
of Transnational Litigation –
Business and Human Rights Journal
•
Dorota Weziak-Blalowolska,
Piotr Bialowolski and Eileen McNeely – Worker’s well-being. Evidence from the apparel industry in
Mexico – Intelligent Buildings
International
•
Girogia Papalia – Doing Business Right: The Case for a Business and Human
Rights Treaty – Perth International
Law Journal
•
Karin Buhmann, Jonas Jonsson
and Mette Fisker – Do No Harm and Do More Good Too: Connecting Business and
Human Rights with Political CSR to Identify Business Opportunities for
Contributing to the SDGs – The
International Journal of Business in Society (Forthcoming)
•
Maddalena Neglia – Striking the Right(s) Balance: Conflicts between Human
Rights and Freedom to Conduct a Business in the ILVA Case in Italy – Business and Human Rights Journal
•
Samentha Goethals – Exploring Migrant Employees’ ‘Rights-Talk’ in the British
Hospitality Sector – Business and
Human Rights Journal
Blogs
Asser Institute Doing Business Right Blog
•
Maisie Biggs – Background Information to the Lundin Case
•
Maisie Biggs – International Criminal Law and Corporate Actors - Part 1:
From Slave Trade Tribunals to Nuremberg
•
Maisie Biggs – International Criminal Law and Corporate Actors - Part 2:
The Rome Statute and its Aftermath
•
Maisie Biggs – International Criminal Law and Corporate Actors - Part 3:
War Crimes before Domestic Courts
•
Shamistha Selvaratnam – The Rise of Human Rights Due Diligence (Part II): The
Pluralist Struggle to Shape the Practical Meaning of the Concept
•
Shamistha Selvaratnam – The Rise of Human Rights Due Diligence (Part III): A Deep
Dive into Adidas’ Practices
•
Shamistha Selvaratnam – The Rise of Human Rights Due Diligence (Part IV): A Deep
Dive into Unilever’s Practices
•
Shamistha Selvaratnam – The Rise of Human Rights Due Diligence (Part V): Does it
Foster Respect for Human Rights by Business?
Other Blogs
•
Alessandro Runci – Critical shareholding as a tool to hold Italian corporations
accountable – Business & Human
Rights Resource Centre
•
Anne Manschot – Audits are failing – brands should cut out waste so
suppliers can pay their workers a living wage – Business & Human Rights Resource Centre
•
Benjamin Hoffman – Many segments of the business and human rights field have
been co-opted & captured by corporate actors – Business & Human Rights Resource Centre
•
Bobbie Sta. Maria, BHHRC and JJ
Rosenbaum – Why women workers in global garment supply chains are saying
#MeToo – Business & Human Rights
Resource Centre
•
Chiara Macchi – The Human Rights Obligations of International Organisations
towards their Civilian Personnel –
BHR Journal Blog
•
Daniela Chimisso dos Santos – The Effect on Business: The Reality of the Nevsun Case in
Canada – BHR Journal Blog
•
Dr Bärbel Kofler – Duty-bound to protect – Business & Human Rights Resource Centre
•
Ekaterina Aristova – Clarifying the limits of extraterritorial jurisdiction of
English courts to try business-related human rights violations – BHR Journal Blog
•
Elena Blanco – Jurisdiction, access to remedy in business and human rights
cases and the corporate structure: A tale of two cases – BHR Journal Blog
•
Emily Dwyer – Canada's 'toothless' new corporate watchdog is a broken
promise and a major setback for human rights – Business & Human Rights Resource Centre
•
Geert Van Calster – Kiobel v Shell in The Netherlands – GAVC LAW
•
Genevieve LeBaron – How to Spur Corporate Accountability with Modern Slavery
Legislation – Delta87
•
Heidi Hautala – Responsible Business Conduct - the European Business model
of the 2020s – Business & Human
Rights Resource Centre
•
Jolyon Ford – Can consumers and market actors ‘regulate’ corporate
reporting on Modern Slavery risk? –
Business & Human Rights Resource Centre
•
Joseph Wilde – Going Dutch: Four things you should know about the
Netherlands’ new law to eliminate child labour – Business & Human Rights Resource
Centre
•
Kelly Groen and Lis Cunha – Due diligence laws must not leave women behind – Business & Human Rights Resource Centre
•
Kristen Casper – Reality bites: Fossil fuel companies face climate liability
claims after decades of denial –
Business & Human Rights Resource Centre
•
Larry Cata Backer – Norwegian Ethics Information Committee Seeks Input on
Methods to Improve Respect For Human Rights Through Supply Chain Transparency
Mechanisms – Law at the End of the
Day
•
Lauren Armistead and Mark
Dummett – Why the UK Supreme Court must hear Nigerian oil pollution
appeal – Medium
•
Maria Khan – What are the legal tools for holding corporations to account
globally? – Business & Human
Rights Resource Centre
•
Marilyn Croser – Towards mandatory human rights due diligence in the UK:
Developments and opportunities –
Business & Human Rights Resource Centre
•
Martijn Boersma & Justine
Nolan – Blockchain can help break the chains of modern slavery, but
it is not a complete solution –
The Conversation
•
Maysa Zorob and Antonella
Angelini – Are shareholders the new champions of climate justice? – Business & Human Rights Resource Centre
•
Miriam Saage- Maaβ – Jabir et al vs. KiK: Do EU companies have an
extraterritorial duty towards suppliers in global production chains? – BHR Journal Blog
•
Nora Götzmann – New UN Gender Guidance is a reminder that real equality
requires tackling discrimination –
Business & Human Rights Resource Centre
•
Peter Barnett – Shareholder litigation as the next frontier in shareholder
climate action – Business &
Human Rights Resource Centre
•
Phil Bloomer – Europe takes a big step towards companies having a ‘duty of
care’ on human rights – Business
& Human Rights Resource Centre
•
Sara Seck – Extraterritoriality: A Problem of Terminology – BHR Journal Blog
•
Sara Thornton – Listening to survivors, the role of business and supporting
law enforcement – Independent Anti-Slavery Commissioner Blog
•
Seunghyun
Nam and Changrok Soh – Business and Human Rights in the Republic of Korea and
Extraterritorial Jurisdiction – BHR
Journal Blog
•
Shannan Burrow and Phil Bloomer
– Could
Finnish presidency fix labour-chain abuse? – EU Observer
•
Sonia HIerzig – Investors need to hold all sectors to account on climate
change – not just the fossil fuel industry – Business & Human Rights Resource Centre
•
Tom Wills – Stop Making The 'Business Case' For A Responsible Private
Sector – Huffpost Blog
•
Urs Rybi – What does Switzerland's vote on mandatory due diligence mean
- and what happens next? – Business
& Human Rights Resource Centre
•
Walker Syachalinga – Vedanta v Lungowe: An irreconcilable regulatory outreach? – BHR Journal Blog
•
William Anderson – Mandatory Human Rights Due Diligence: A business perspective – Business & Human Rights Resource Centre
•
Yousuf Aftab – Business, Human Rights & the Limits of Law – Business & Human Rights Resource Centre
Call for Papers, Submissions and Abstracts
•
Call for blogs – Business and Human Rights Journal Blog – Cambridge University
•
Call for session proposals and
snapshot proposals – UN Forum on Business and Human Rights
•
Call for public consultation on
the first draft of The Hague Rules on Business and Human Rights - CILC
Upcoming Events
•
22-26 July 2019 – International
Summer Course Human Rights Law in Context (special focus on business and human
rights) – Centre for Human Rights Erlangen-Nürnberg in cooperation with the European Center for
Constitutional and Human Rights, Nuremberg, Germany
•
12-13 September 2019 – Global Business and Human Rights Scholars
Association 5th Annual Conference – University
of Essex, Colchester, England
•
16-18 October 2019 – 4th Coimbra International Conference on Human
Rights: a transdisciplinary approach
– CIDH Coimba, Portugal
•
25-27 November 2019 – UN Forum on Business and Human Rights – Geneva,
Switzerland