The Rise of Human Rights Due Diligence (Part III): A Deep Dive into Adidas’ Practices - By Shamistha Selvaratnam

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.

 

The tragic collapse of Rana Plaza in Bangladesh in 2013, which killed over one thousand workers and injured more than two thousand, brought global attention to the potential human rights risks and impacts that are inherent to the garment and footwear sector.[1] This sector employs millions of workers within its supply chain in order to enable large-scale production of goods as quickly as possible at the lowest cost as market trends and consumer preferences change.[2] These workers are often present in countries where the respect for human rights and labour rights is weak. This creates an environment that is conducive to human rights abuses. Key risks in this sector include child labour, sexual harassment and gender-based violence, forced labour, non-compliance with minimum wage laws and excessive work hours.[3] Accordingly, brands such as Adidas face the challenge of conducting effective human rights due diligence (HRDD), particularly in their supply chains. 

This third blog of a series of articles dedicated to HRDD is a case study looking at how HRDD has materialised in practice within Adidas’ supply chains. It will be followed by another case study examining the steps taken by Unilever in order to operationalise the concept of HRDD. To wrap up the series, a final piece will reflect on the effectiveness of the turn to HRDD to strengthen respect of human rights by businesses.

 

Company Background

Adidas Group (Adidas) is an apparel, footwear and sporting goods company that is headquartered in Germany. As a business it designs, markets and sells consumer goods globally. Adidas has more than 2,300 retail stores, 14,000 franchise stores and 150,000 wholesale distributors, as well as an online store.[4] It employs more than 57,000 people and produces over 900 million products globally.[5]

Given that it outsources most of its production, it has a complex and large scale supply chain, with approximately 700 independent factories that manufacture products in over 50 countries.[6]  Its supplier factories by region as at 2016 are depicted in the image below. Its top sourcing countries are China, Vietnam and Indonesia.[7]

 

Source: Adidas Sustainability Progress Report 2016, p 61.

 

Adidas has both direct suppliers and indirect suppliers (i.e. material and other service providers that supply goods and services to Adidas’ direct suppliers; licensees which manage the design, production and distribution of specific products to Adidas; and agents that act as intermediaries and determine where products are manufactured, manage the manufacturing process and sell finished products to the group). Approximately 75% of its total sourcing volume comes directly from its supply chain, with the other 25% coming from agents or made under licence. The manufactured products are sold in over 100 markets.[8]

Adidas states that it supports the UNGPs and it is a ‘long time adherent’ to the OECD Guidelines. It considers that the corporate responsibility to respect human rights is a ‘global standard of expected conduct for all business enterprises’ and it states that it has ‘incorporated key elements of the [UNGPs] into its general practice in managing the human rights impacts of its business.’

Adidas’ general approach to human rights is firstly to strive ‘to operate responsibly and in a sustainable way along the entire value chain’, and secondly to safeguard the rights of its employees and those that work in its manufacturing supply chains. HRDD is a key part of this approach. Given the extensive nature of Adidas’ supply chains, it has taken a targeted approach to HRDD by focusing on mitigating and remediating issues that arise in high-risk locations, processes and activities.[9] It also imposes ‘cascading responsibilities’ on its business partners in order to ‘capture and address potential and actual human rights issues upstream and downstream’.[10]

Adidas’ Social and Environmental Affairs team (SEA Team) is tasked with, inter alia, ensuring compliance with the Workplace Standards within Adidas’ supply chains (discussed in further detail below). The Team consists of approximately 70 individuals, including engineers, lawyers, HR managers and former members of NGOs. It is organised into three regional teams covering Asia, the Americas and Europe, Middle East and Africa. The Team collaborates with other functions within Adidas, including Legal and Human Resources. The Team works collaboratively with other functions, including Legal, Sourcing and Human Resources. It engages directly with suppliers, governments and other external stakeholders as and when required.

 

Identification and Assessment of Risks

Adidas engages in a range of processes to identify and assess its human rights risks and impacts on a continuous basis within its supply chains. Adidas’ SEA Team engages commissioned third party experts and independent audits as part of this process where necessary.[11]

Adidas completes annual Country Risk Assessments (CRAs), which are not publically available, in the countries in which it sources products whereby it reviews the salient human rights issues and risks in a particular country. CRAs are informed by various people, including Adidas’ field teams, its engagement with local stakeholders, concerns raised by international NGOs, as well as an examination of regional human rights reports (as necessary). The risks identified in these CRAs inform its priorities and guides its prevention and mitigation strategies, particularly in relation to its supply chain monitoring.

Entry into new countries

Where Adidas plans to enter a new sourcing country, in-depth assessments are normally undertaken over a period of one to two years. The process involves engagement with government departments, international agencies and civil society groups to determine country level risks and issues. This process informs whether Adidas should or should not enter a particular country, as well as whether additional processes should be undertaken to safeguard against particular adverse human rights impacts that are common within a country arising within Adidas’ supply chains.

Engaging with new suppliers

All new supplier relationships must be disclosed to Adidas’ SEA Team for approval.

The process followed by Adidas when considering entering into direct supplier relationships is illustrated below.

Adidas conducts an initial assessment, which consists of a document check whereby prospective suppliers are assessed against the Workplace Standards (discussed below) and may include a factory visit. As stated in Adidas’ Enforcement Guidelines, Adidas checks prospective suppliers against a set of zero tolerance issues (e.g. prison labour, repetitive and systematic abuse, life-threatening health and safety conditions)[12] and threshold issues (e.g. fraud and exploitation issues, serious labour issues).[13] Zero tolerance issues are severe breaches that ‘may threaten the lives or well-being of workers, suppress fundamental rights, or result in irreparable damage to the environment’, whereas threshold issues are ‘those types of breaches or workplace issues which are considered to be extremely serious in nature, requiring enforcement action to be taken against existing suppliers.’[14]

Where a zero tolerance issue exists, Adidas will reject a relationship with that particular prospective supplier, whereas where a threshold issue exists, if the issue can be fixed, a prospective supplier will be given a timeline to rectify the issues. If they are found to have improved after a subsequent check, they will be approved.[15] In 2018, Adidas conducted initial assessments of 221 factories. As a result, approximately 25% were rejected directly after the initial assessment due to the presence of zero tolerance issues or after a second visit due to the presence of threshold issues that they failed to rectify between the initial and subsequent visits.[16]

With respect to Adidas’ indirect supply chain, external audit firms are commissioned to carry out initial assessments. Adidas provides detailed guidance to these external monitors so that assessments are carried out in a consistent manner. Where these assessments identify the need for remediation processes, the SEA team oversees them.[17]

Once a supplier, agent, licensee or subcontract has been approved, they enter into a formal legal agreement (e.g. manufacturing agreement). Adidas’ Workplace Standards are an integral part of such agreements – parties are contractually bound to uphold the Workplace Standards and act in a manner that safeguards human rights, workers’ employment rights, safety and the environment. They are also required to assist in identifying issues as and when they arise.[18] Suppliers are encouraged to share the Workplace Standards with their subordinate relationships, including external service providers. Additionally, Adidas incorporates human rights-related clauses into its direct supplier contracts, as well as clauses relating to labour, workplace health and safety and the environment.

Engaging with existing suppliers

Once direct suppliers have been approved and have entered into a contractual relationship with Adidas, Adidas monitors their compliance through auditing, factory visits, worker feedback mechanisms, partnerships with external organisations (such as ILO Better Work, the Bangladesh Accord and the Fair Labor Association) and stakeholder outreach, including engagement with government regulators, unions, employer federations, workers and civil society groups at the country level. This process enables Adidas to monitor its supply chain risk to ensure that its suppliers manufacture in a socially and environmentally responsible manner.[19]

The CRAs that Adidas conducts results in the categorisation of countries as either high or low risk, factories located in high-risk countries are more likely to be audited regularly (the full list of countries by category is not publicly available). Factories located in low-risk countries are excluded from Adidas’ audit coverage.[20] Factories are assessed based on their commitment to and performance against the Workplace Standards. During 2018, Adidas conducted 546 factory visits in order to engage to ‘improve working conditions and … empower workers’[21], and 1,207 social compliance audits and environment assessments. Additionally, for suppliers that were considered to be ‘compliance mature’ 102 self-governance audits and collaboration audits were conducted, which were reviewed by Adidas. 

Where non-compliances are identified, if the relevant issue is a zero tolerance issue a warning and potential disqualification of a supplier will be triggered. If the relevant issue is a threshold issue, Adidas will see whether the issue can be addressed in a specified timeframe through remedial action. It may also take enforcement action against the supplier, which includes the termination of the relationship, stop-work notices, third party investigations and warning letters. In 2018, Adidas issued a total of 39 warning letters across 16 countries, and terminated agreements with one supplier on the basis that it refused to grant the SEA team access to audit the factory.[22]

The top 10 labour and health and safety non-compliance findings during the 2018 audits are depicted in the image below.


Source: Adidas Annual Report 2018, p 99.

External monitors that have been approved by Adidas audit indirect supply chain factories that work with Adidas’ licensees and agents. Audits are conducted at least once a year, but will be conducted more frequently when additional follow up assessments are required to monitor remedial action.

Adidas has also implemented a Crisis Protocol so that business entities and factories can report on high-risk issues, which in turn inform Adidas’ site visits, audits and engagement with the business entities and factories.[23]

Stakeholder Engagement Channels

Adidas’ Stakeholder Relations Guidelines define its stakeholders as ‘those people or organizations who affect, or are affected by, [its] operations and activities.’ Its stakeholders include employees, shareholders and investors, authorisers (e.g. governments and trade associations), business partners (e.g. unions and suppliers), workers in supplier factories, customers and opinion-formers (e.g. journalists and special interest groups). Adidas claims to utilise stakeholder engagement in order to identify human rights risks and impacts through its supply chains. In order to obtain the views of these different stakeholders, frequent forms of engagement utilised by Adidas include stakeholder consultation meetings with workers, NGOs and suppliers, meetings with investors and Socially Responsible Investment analysts, employee engagement surveys and programmes, responding to inquiries from consumers and the media and participating in multi-stakeholders initiatives (e.g. the Better Cotton Initiative). Adidas aims to ensure that its engagement is balanced and inclusive.

Adidas captures and addresses complaints from third parties through its third party grievance mechanism. The mechanism allows third parties directly affected by an issue, including workers within its supply chains, to raise complaints. Complaints may be raised in relation to violations of Adidas’ Workplace Standards, or any potential, or actual, breach of human rights linked to Adidas’ operations, products or services. As part of this, Adidas also has an SMS hotline in the countries in which it sources its products so that workers can voice their concerns in an easy manner. From 2014 to 2018, Adidas has received a total of 52 complaints relating to labour and human right concerns by third parties. Third parties may also lodge complaints through the Third Party Complaint Process of the Fair Labor Association and the OECD National Contact Point for Germany.

Additionally, Adidas’ SEA Team regularly meets and interviews supply chain workers and tracks feedback from independent worker hotlines and from its suppliers’ own internal complaint systems.

Identified risks

Through the processes set out above Adidas has identified various human rights risks in its supply chains. Salient human rights risks include: freedom of association and collective bargaining, working hours, health and safety, fair wages, child labor, forced labor, resource consumption, water (including chemical management), access to grievance mechanisms, diversity, mega sporting events, procurement, product safety, as well as data protection and privacy security. 

Other risks identified include right of assembly, freedom of expression, migrant workers, human trafficking, discrimination, Indigenous peoples’ rights, occupational health and safety and environmental pollution.[24] A number of these risks are common to the garment and footwear industry as noted by the OECD Guideline on Responsible Supply Chains in the Garment and Footwear Industry.

Integrating and Acting

Adidas feeds the findings from the identification and assessment processes set out above into its active programmes and they drive prevention and mitigation measures.

The SEA Team reports risks identified in Adidas’ supply chains to executive management on a monthly basis.[25] Reporting highlights the critical issues, investigations and remedial efforts taken with respect to Adidas’ direct and indirect supply chains. This is the ‘primary vehicle through which human rights concerns are shared with senior management and reported progress is tracked’.

Where adverse human rights impacts occur, Adidas seeks to remediate those cases. Corrective Action Plans (CAPs) are put in place, which set out the remedial action, the responsible party and a timeframe to complete that action. The supplier’s specific proposals in the CAP are then tracked and the appropriate documentation, or remedial action(s), reviewed to close-out the non-compliances. CAPs are normally developed through engagement with the suppliers, to define expectations and negotiate appropriate timelines.[26]  The SEA Team closely monitors the development and implementation of CAPs through follow-up audits and record progress and verification status. 

In the past, Adidas has examined and remediated instances of ‘forced labour, child labour, freedom of association, right of assembly, freedom of expression, discrimination, indigenous people’s rights, occupational health and safety, resource consumption and environmental pollution’.[27] It has also dealt with specific cases where workers have been subject to arbitrary arrest and detention and reached out to judicial authorities where human rights defenders have also faced arrest and detention for supporting worker’s rights. It has petitioned governments for their failures in enforcement, particularly in relation to the right to form and join trade unions and the upholding of statutory minimum wages.[28]

In order to prevent adverse human rights impacts from occurring, Adidas binds its suppliers to its Workplace Standards. It continuously monitors those suppliers in which it has a direct contractual relationship and assesses their performance against the Workplace Standards. Adidas also engages in capacity building to strengthen its suppliers’ internal governance and management systems in order to reduce the potential for adverse human rights impacts. With respect to its indirect supply chain, Adidas places expectations on its primary business partners to engage and apply its Workplace Standards.

With respect to grievances raised, in cases where Adidas has caused or directly contributed to the violation, it will seek to prevent or mitigate the chance of the impact occurring or recurring. If an adverse impact is occurring, Adidas will engage actively in its remediation – this may involve site visits, audits or other engagement with a business entity or factory.[29] Where Adidas has neither caused nor directly contributed to a violation, it will encourage the business entity that has caused or contributed to the impact to prevent or mitigate its recurrence.

 

Tracking

Adidas monitors and evaluates the effectiveness of its response to human rights risks and impacts.

Adidas’ Internal Audit team conducts periodic assessments to evaluate the effectiveness of individual departments and programs, with defined timelines for corrective actions. It reports directly to the CEO and Supervisory Board. As part of this, it evaluates the effectiveness of Adidas’ social compliance monitoring system and human rights due diligence processes and their alignment with policy commitments.

Adidas’ social compliance program is subject to annual third party audits and public disclosure of tracking charts by the Fair Labor Association (available here), to determine whether supplier-level remediation is being effectively managed by Adidas. The Fair Labor Association also undertakes a periodic accreditation process whereby it evaluates all elements of Adidas’ labour and human rights work.[30]

For its direct supply chain, Adidas utilises social and environmental KPIs to assess the effectiveness of its suppliers’ systems to protect labour rights, worker safety and the environment. For its licensee partners and agents that manage its indirect supply chain, Adidas uses a scorecard that evaluates and scores a business entities performance in applying its Workplace Standards and associated guidelines. KPIs and scorecards assist Adidas to determine strategic suppliers and influence sourcing decisions. However, it is unclear as to how KPIs and scorecards influence such decisions and the extent to which they do so. Further, both factories and business entities and licensees are required to prepare strategic compliance plans on a regular basis outlining their strategies to meet Adidas’ Workplace Standards. Adidas’ SEA team uses these plans to monitor the commitment and compliance practices of its direct and indirect supply chains.[31]


Communicating

Adidas claims to have regular contact with a diverse range of stakeholders, including vulnerable groups, workers in supply chains, local and international NGOs, labour rights advocacy groups, human rights advocacy groups, trade unions, investors, national and international government agencies, and academics. The stakeholders that Adidas engages with depend on the specific issues and trends at the time. It uses its network to pinpoint areas for dialogue and the applicable parties to engage with. It then prioritises stakeholders depending on action radius, relevance, risk, willingness and capacity to engage. The frequency of dialogue can range from monthly to quarterly or annually.

Adidas utilises various channels to communicate its human rights impacts, policies and approaches, including:

  • annual Sustainability Progress Report;
  • annual Modern Slavery Statements;
  • individual stakeholder meetings and correspondence;
  • structured stakeholder dialogues;
  • public statements;
  • collaborative engagements with NGOs;
  • multi-stakeholder and partner organizations; and
  • one-on-one worker interviews and meetings.

It also uses FAQs and blogs, as an accessible and understandable way for the public and its internal staff, to grasp its human rights work and specific programme initiatives related to worker rights, safety and the environment.[32] Other vehicles for stakeholder engagement include purpose-built fora such as the OECD Advisory Panel for embedding of Business & Human Rights Due Diligence practices into the Apparel and Footwear sector, the Bali Process Business and Government Forum and the Bangladesh Accord.[33]

Adidas seeks to define and tailor the appropriate level of communications needed for a given target audience. For example, with respect to trade unions, it is Adidas standard protocol that its local monitoring staff engage with the factory-level trade union officials or relevant worker representatives to cross check issues that arise during its compliance audits and discuss the necessary remedial actions that the supplier has to follow-up on.

To ensure clear and effective communications with local stakeholders, affected communities and other vulnerable groups, the SEA Team has embedded local staff in Adidas’ key sourcing countries. The team operates in 18 languages, but employs translators where needed for special investigations, stakeholder outreach or communicating outcomes or mechanisms to improve human rights impacts. For example, Adidas has contracted Arabic translators in Turkey to support its communications with Syrian refugees at risk of exploitation in the supply chain. With respect to complaints, phone calls and direct face-to-face meetings will be used to capture issues and provide feedback. Adidas publishes high-level information regarding the status and resolution of complaints through its third party grievance mechanism on its website (see, for example, a summary of the third party complaints handled by Adidas in 2018 here).

The Gaps Between Paper and Practice

As stated at the outset, brands within the apparel and footwear sector face a plethora of challenges in conducting effective HRDD given the human rights risks inherent in their supply chains. Adidas itself has acknowledged that effective HRDD remains a ‘primary challenge’ of the business, given the ‘breadth and depth of [its] business, which includes tens of thousands of business relationships along a value chain that stretches from smallholders, farming cotton, to the final point of sale in a retail store.’ Nonetheless, Adidas is considered to have leading HRDD practices globally, not only in the apparel sector, but also across the sectors that have been benchmarked to date.[34]

What is clear from a review of Adidas’ human rights approach is that it recognises its responsibility to respect human rights and has sought to take steps to fulfil this obligation along its entire value chain. As part of that, it has developed over a period of over 20 years extensive HRDD practices fleshing out its commitment to upholding human rights.[35] Adidas’ HRDD practices seek to properly identify and assess the human rights risks and impacts that arise in its supply chains, and prevent and mitigate those risks through engagement with suppliers and stakeholders.

Despite this strong commitment and extensive HRDD processes and procedures in its supply chains, Adidas’ human rights track record is not perfect. Over recent years Adidas has featured in headlines where it has been demonstrated that human rights issues exist in its supply chains. Many of these issues relate to the wages paid to its supply chain workers. In 2014, the Clean Clothes Campaign (CCC) released a profile on Adidas with respect to its practices regarding workers’ living wages. The profile noted that while Adidas was assessing its wages practices across Asia, ‘it [was] still not willing to define what a living wage means in its business’ and had passed on responsibility for wages in supplier factories to factory owners. The CCC called on Adidas to ‘engage in identifying a living-wage figure and changing pricing in order to enable its payment.’ This call to action came after workers in factories that supply to Adidas went on strike in Asia.

In 2014, there was a nationwide strike in Cambodia calling for an increase of the minimum wage for garment workers. Shortly before the strike the CCC reported that the minimum wage in Cambodia at the time did not allow workers to meet their living costs in housing, food, clothing, education, transport and healthcare. During a crackdown in Cambodia, five workers were shot dead and 30 others were injured. Following this event, Adidas backed the development of a minimum wage review mechanism for garment workers. Also in 2014, workers at the Yue Yuen shoe factory in China, an Adidas supplier, went on strike over social security payments and housing fund contributions. In response, Adidas moved some of its orders from the factory in order to ‘minimize the impact on [its] operations’. It did not sever ties with the factory given that ‘China is, and will continue to be, a strategic sourcing country for [it].’ Again in 2015 workers from the same factory went on strike due to changes in its production process, resulting in workers demanding an immediate payout of their housing fund. No information on Adidas’ response to this issue has been located, however, Reuters reported that Adidas did not immediately respond to its request for comment.

The payment of low wages to workers was more recently raised in June last year where Adidas was accused of ‘foul play’ by paying thousands of female workers within its supply chain low wages in order to prepare football shirts and shoes for the Football World Cup that year. In their report, Éthique sur l’étiquette and the CCC compared the costs of Adidas’ current production with that in the 1990s and found that the costs paid to workers had decreased by 30%. Noting that a large proportion of Adidas production occurs in Indonesia, it found that the wages paid to female workers was not sufficient to cover their basic needs, with some women not even receiving the minimum legal wage. The report stated that:

If … Adidas had paid the same amount of dividends in 2017 as they did in 2012, or maintained the level of marketing/sponsorship spending, the resulting proceeds would have allowed for living wages to be paid throughout their entire supply chain in China, Indonesia, Vietnam, and Cambodia.

Outside Asia, concerns were also raised in 2016 in relation to the treatment and serious exploitation of Syrian refugees in Turkish supplier factories, including sexual abuse and child labour. As a result, Adidas was called upon by the Business and Human Rights Resource Centre to respond to these concerns by completing a questionnaire, Adidas’ response to the questionnaire outlined its policies and procedures with respect to employing Syrian refugees and their treatment in supply chains, noting that it does not have any Syrian refugees working for any of its five Turkish first tier Turkish suppliers.

Similarly concerns were also raised in 2016 and 2017 in relation to the poor working conditions in shoe supply chains in Eastern Europe (see for example the CCC’s reports titled ‘Labour on a Shoe String’ and ‘Europe’s Sweatshops: The results of CCC’s Most Recent Researches in Central, East and South East Europe’). Adidas was again called upon by the Business and Human Rights Resource Centre to respond to a series of questions regarding its efforts and work in the area of sustainability and social responsibility, precisely on sourcing policies with regard to Eastern Europe. In its 2016 response, Adidas defended its engagement with leather tanneries stating that it has ‘a well-tested human rights due diligence process, one which considers the severity of country and industry-level risks within our global supply chain.’ However, it also noted that the sourcing of raw hides and finished leather has been identified as a ‘priority area for further assessment and [its] deeper involvement’. With respect to its footwear manufacturing in Eastern Europe, Adidas stated that ‘more should be done to improve wages’ and ‘engagement between local suppliers, unions, governments, and buyers’ is critical to improving the lives of workers. It did not, however, outline what actions it would take to improve worker wages. In its 2017 response, Adidas set out its general approach to ensuring fair wages in its supply chain and provided an example of the processes it has followed to set wages in Georgia and the Ukraine.

Conclusion

The instances of human / labour rights abuses detailed above demonstrate that despite Adidas’ comprehensive HRDD process, there are failings and gaps in that process that create space for human rights violations to occur in its supply chains. It also shows that the paper-based process detailed in this blog has imperfections in practice that need to be ironed out. Literature has demonstrated that there are often considerable discrepancies between HRDD processes on paper and in practice, highlighting gaps in supply chain governance. For example, Genevieve LeBaron has found through her research on ethical audits and the supply chains of corporations, businesses have ‘claimed supply chain monitoring for themselves’ by using audits as a way to ‘preserve their business model and take responsibility for supply-chain monitoring out of the hands of governments.’ As such, they have been able to avoid ‘stricter state and international regulation’ and to take steps to ensure they are perceived as responsible companies. However, while this is benefiting businesses by giving the impression that businesses are taking active steps on the journey to respect human rights, it is failing workers in supply chains. Human rights violations such as labour abuses are still widespread within supply chains. Therefore, in order to avoid going down this path, businesses need to engage with the issues that are arising in their supply chains, consider the root causes of those issues and make adjustments to HRDD processes.

This review of Adidas’ HRDD process and the gaps identified between the process in theory and in practice raises a number of interesting questions. For example – What precise aspects of Adidas’ identification of risks process are not living up to their expectations allowing human rights violations to continue to occur in its supply chains? What steps are Adidas taking in order to continuously improve its HRDD process? To what extent does Adidas look to or gain inspiration from the practices of its peers? What challenges does Adidas currently face in conducting HRDD in its supply chains and how is it seeking to respond to those challenges?


[1] The information in this blog has been obtained from Adidas’ 2018 submission to the Corporate Human Rights Benchmark and from other Adidas sources. Accordingly, it represents Adidas’ views on its HRDD process.

[2] Human Rights Watch, “Paying for a Bus Ticket and Expecting to Fly”: How Apparel Brand Purchasing Practices Drive Labor Abuses, April 2019.

[3] OECD Due Diligence Guidance For Responsible Supply Chains in the Garment and Footwear Sector, p 15.

[4] Adidas Annual Report 2018, p 72.

[5] Adidas Profile.

[6] Adidas Supply Chain Approach.

[7] Adidas Assessment for Re-Accreditation by the Fair Labor Association, p 6.

[8] Adidas Supply Chain Approach.

[9] Ibid.

[10] Ibid.

[11] Adidas Sustainability Report 2010, p 42

[12] Adidas Enforcement Guidelines, pp 4-5.

[13] Ibid, pp 5-7.

[14] Ibid, p 4.

[15] Adidas Supply Chain Approach.

[16] Adidas Annual Report 2018, p 96.

[17] Adidas Sustainability Report 2010, p 49.

[18] Adidas has produced a number of supporting guidelines that aim to ‘make the Workplace Standards understandable and practical, provide additional guidance for [its] suppliers’ and assist in finding effective solutions to workplace problems: Adidas Sustainability Report 2010, p 44.

[19] Adidas Supply Chain Approach.

[20] Adidas Annual Report 2018, p 98

[21] Ibid, p 96.

[22] Adidas Supply Chain Approach; Adidas Annual Report 2018, pp 98-99

[23] Adidas Supply Chain Approach.

[24] Business and Human Rights Resource Centre, Company Action Platform, Adidas.

[25] Adidas Supply Chain Approach.

[26] Adidas Response to KnownTheChain Apparel and Footwear Benchmark, p 16.

[27] Business and Human Rights Resource Centre, Company Action Platform, Adidas.

[28] Ibid.

[29] Adidas Supply Chain Approach.

[30] Adidas was last re-accredited in 2017.

[31] Adidas Sustainability Report 2010, p 49

[32] See for example Adidas’ Human Rights and Responsible Business Practices: Frequently Asked Questions.

[33] Adidas Analysis: Cross Section of Stakeholder Feedback 2017/2018.

[34] See for example: Corporate Human Rights Benchmark 2017 and 2018; Know the Chain 2018; and Fashion Transparency Index 2019.

[35] In 1997, Adidas developed its initial supplier code of conduct (Standards of Engagement, now referred to as the Workplace Standards), which formed part of the contractual obligations under manufacturing agreements, and established a Compliance Team. The Standards of Engagement, which are now called Workplace Standards, reflect international human rights and labour rights conventions. A full timeline of Adidas’ social compliance history is accessible here.


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Doing Business Right Blog | The Rise of Human Rights Due Diligence (Part II): The Pluralist Struggle to Shape the Practical Meaning of the Concept - By Shamistha Selvaratnam

The Rise of Human Rights Due Diligence (Part II): The Pluralist Struggle to Shape the Practical Meaning of the Concept - By Shamistha Selvaratnam

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.

 

The UNGPs second pillar, the corporate respect for human rights, is built around the concept of human rights due diligence (HRDD). Since 2011, following the resounding endorsement of the UNGPs by the Human Rights Council, it has become clear that HRDD constitutes a complex ecology of diverse practices tailored to the specific context of a particular business. The UNGPs are not legally binding and there is no institutional mechanism in place to control how they are to be translated into practice by the companies that purport to endorse them. Nonetheless, numerous companies and regulatory schemes have embraced the idea of HRDD (such as the OECD Guidelines, the French law on the devoir de vigilance, the UK and Australian modern slavery laws and the Dutch Agreement on Sustainable Garment and Textile). 

The operationalisation of HRDD has been shaped over the past 8.5 years by a variety of actors, including international organisations, consultancies and audit firms, as well as non-governmental organisations. These actors have conducted research and developed various methodologies, instruments and tools to define what HRDD is and what it entails in order to assist or influence businesses in its operationalisation. The interpretation of the requirements imposed by HRDD process outlined in the UNGPs is open to a variety of potentially contradictory interpretations. This pluralism is well illustrated by the diversity of actors involved in an ongoing struggle to define its scope and implications.

This second blog of a series of articles dedicated to HRDD looks at it through the lens of the most influential players shaping HRDD in practice by examining their various perspectives and contributions to the concept. Case studies will then be undertaken to look at how HRDD has materialised in practice in specific companies. To wrap up the series, a final piece will reflect on the effectiveness of the turn to HRDD to strengthen respect for human rights by businesses.

 

The UN’s Authoritative Contributions to the Meaning of HRDD

The OHCHR’s Interpretive Guide to the HRDD

Acknowledging that the immediate challenge of the UNGPs is effective implementation, the Office of the High Commissioner of Human Rights (OHCHR) released The Corporate Responsibility to Respect Human Rights: An Interpretive Guide (OHCHR Guide). It seeks to provide additional background explanation to the corporate responsibility to respect human rights in order to support a full understanding of their meaning and intent. It is thereby clear that the OHCHR recognises that the UNGPs require clarification in order to be properly implemented by business. While the OHCHR Guide states that it does not intend to change or add to the UNGPs, or to provide operational guidance on implementing the respect for human rights by business in practice, it does in fact contribute to the practical operation and reach of HRDD. It attempts to narrow down the meaning of open-ended aspects of the UNGPs and provide context and explanations of concepts and ideas referred to in the UNGPs that require further clarification.

The OHCHR Guide takes the approach of answering a series of questions that are likely to be asked by a range of stakeholders, including business, on a principle-by-principle basis. It provides guidance on the concept of HRDD in and of itself, as well as on each step of the HRDD process. Therefore, it seeks to answer the questions of how, when, what with respect to HRDD and the process it entails, which is missing in the UNGPs themselves, in an attempt to guide business in implementing corporate respect for human rights. Notably, the OHCHR Guide defines HRDD in the context of the UNGPs as ‘an ongoing management process that a reasonable and prudent enterprise needs to undertake, in the light of its circumstances (including sector, operating context, size and similar factors) to meet its responsibility to respect human rights’. Prior to this, the meaning of the concept had never been clearly set out. Importantly, it discusses why HRDD actually matters, namely, to assist businesses to identify the human rights risks specific to their business at a point in time and the actions they need to take to prevent and mitigate them.

The work of the UN Working Group on the issue of human rights and transnational corporations and other business enterprises

The UN Working Group on the issue of human rights and transnational corporations and other business enterprises (Working Group) has contributed to the practice of HRDD by examining the challenges and success stories of businesses in order to ‘contribute to faster progress’ in the realisation of HRDD. The Working Group was established shortly after the UNGPs were endorsed. It has a broad mandate, which includes promoting the effective and comprehensive dissemination and implementation of the UNGPs; identifying, exchanging and promoting good practices and lessons learned on the implementation of the UNGPs; and providing support for efforts to promote capacity-building and the use of the UNGPs.

Last year in its report to the General Assembly on the ‘emerging practice and innovations of corporate human rights due diligence across sectors’, the Working Group acknowledged that there are gaps and challenges in current business HRDD practice. In doing so, the Working Group has entered into the interpretative fray and clearly aimed at influencing the scope and depth of HRDD. For example, the Working Group argues that businesses don’t properly understand HRDD in many cases resulting in issues such as the misconstruction of risk and human rights impact assessments becoming a tick box exercise. Further, it identifies that there is generally weak performance with respect to the ‘taking action’ and ‘tracking performance’ aspects of HRDD, and considers that businesses are failing to make the requisite link between HRDD and the remediation of actual human rights impacts.

While the Working Group has not provided a tool per se to assist business to implement HRDD, it usefully compiled a set of cross-cutting aspects of good practice demonstrated by business that can be applied by all businesses regardless of their specific context. Through setting out what it deems to be ‘good practice’ with respect to HRDD, the Working Group has attempted to shape expectations of business under HRDD. As a result, businesses can learn from the actions taken by other businesses that are regarded as successfully implementing aspects of the HRDD concept and its process.

The Working Group emphasises the importance of stakeholder engagement with critical voices, those directly affected by human rights impacts and NGOs during all stages of HRDD and providing greater transparency and meaningful reporting. The Working Group also highlights the importance of extending HRDD beyond tier one suppliers to all suppliers in a business’ value chain and building and exercising leverage by conveying that the business will prevent and address human rights impacts across business relationships wherever they arise. Further, the Working Group encourages businesses to address systemic human rights issues by building collective leverage to address the root causes of those issues.

 

The OECD’s Contribution

The OECD is a powerful norm-entrepreneur in the struggle to define HRDD. It has played a very productive role in it, creating a number of guidance documents regarding various aspects of the concept. The OECD has incorporated HRDD into the OECD Guidelines for Multinational Enterprises, one of its greatest contributions has been to devise sectoral solutions to issues that arise when businesses conduct HRDD in particular industries.

The 2011 revision of the OECD Guidelines resulted in ‘risk-based due diligence’ being incorporated as a key tool for identifying, preventing and mitigating actual and potential adverse impacts in the areas covered by the Guidelines. The provisions of the OECD Guidelines that address HRDD align with the process set out in the UNGPs. It is significant that HRDD has been included in the OECD Guidelines, as all governments adhering to them are required to establish a National Contact Point, which is, inter alia, a grievance mechanism that resolves matters relating to the non-observance of the OECD Guidelines. As such, it is likely that a sort of non-binding ‘jurisprudence’ will emerge from the workings of National Contact Points on what HRDD entails from the perspective of the OECD and the related expectations on businesses.

Last year the OECD released Due Diligence Guidance for Responsible Business Conduct (OECD Guidance). The OECD Guidance provides practical support to enterprises on the implementation of the OECD Guidelines. The Guidance provides a practical tool for business (rather than theoretical one) focusing on the concrete actions for business to take to align with international HRDD standards (including the UNGPs and OECD Guidelines) and operationalise HRDD. Illustrative examples are provided on how each of the steps in the HRDD process can be approached and carried out.

The OECD has also published a number of other due diligence guidance documents targeting HRDD in the context of particular sectors and operational contexts. Some examples include the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector, the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and the OECD Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector. The purpose of these materials is to provide businesses with the tools to implement the due diligence recommendations in the Guidelines in their particular sector, having regard to the sector-specific complexities and challenges that may arise during that process. Therefore, the OECD acknowledges that HRDD is not a straightforward process and different intricacies can arise in implementing the concept based on the industry in which a particular business operates, requiring the process to be tailored to each business.

 

The role of other actors in the struggle to define HRDD

Shift and Ruggie’s Legacy

Shift, a global consultancy organisation, was created by those who worked closely with Ruggie during his mandate as Special Representative on the issue of human rights and transnational corporations and other business enterprises to establish the UNGPs. The founders of Shift recognised that into order to put the UNGPs into practice, governments, businesses, investors and NGOs needed to take action and a new paradigm needed to be created so that business could be done upon the three pillars of the UNGPs. Shift places a great focus on assisting companies on putting the UNGPs into practice by assisting them to report on their business and human rights practices. It has zeroed in on reporting the UNGPs because it believes that it can be ‘a very powerful driver of improved management’.

Shift together with Mazars, an audit, accounting and consulting group, created the UN Guiding Principles Reporting Framework (Reporting Framework) as a tool to assist businesses to report on human rights issues so that they can align themselves with the UNGP’s responsibility to respect human rights. The Reporting Framework seeks fill the gap between principle and practice through providing a:

global and widely accepted process for companies to demonstrate whether their policies and processes are indeed aligned with the UN Guiding Principles and therefore capable of meeting their responsibility to respect human rights.

The implementation guidance aspect of the Reporting Framework provides a series of questions for companies to self-evaluate their actions in order to ‘know and show’ that it is meeting its responsibility to respect human rights in practice. It provides guidance on how to respond to the questions with relevant and meaningful information. The disclosures of 147 companies under Reporting Framework have been recorded in a database since it was published in 2015, including the likes of Rio Tinto, Unilever, Google and Apple. However, the tool has not necessarily been used by businesses in consecutive years. For example, Rio Tinto has not used the tool since 2016 and Unilever since 2015. Consistency in use of any tool is critical to being able to track a company’s performance in implementing the UNGPs over time. Using the recorded information, Shift has identified various trends and insights on business disclosure.

Shift has also partnered with the Global Compact Network Netherlands and Oxfam to release a guidance tool for companies named ‘Doing business with respect for human rights’ (Guide). The Guide is intended to equip businesses with practical advice and real-life examples that assist with translating the principles set out in the UNGPs into concrete action. With respect each of the core elements of the UNGPs, a series of guidance points are provided so these concepts can be put into practice, along with examples so that companies can learn from practice. Common pitfalls generally experienced by companies are also outlined to assist businesses from falling into these ‘traps’. Interestingly, the Guide was the result of workshops held in Indonesia, Mexico, South Africa and Turkey which brought together civil society stakeholders and businesses for ‘frank sharing of perspectives, challenges and ways forward on ensuring greater business respect for human rights’. As a result, the Guide draws upon these different perspectives and draws on learnings from various practical experiences.

Shift has also provided practical strategies for business in conducting HRDD in high risk circumstances (Shift Guidance). In doing so, it has recognised that certain businesses will face high risks as a result of factors in the broader operational context (e.g. corruption), business relationships, business activities and the presence of vulnerable groups. The Shift Guidance provides a tool to identify a business’ highest risks (i.e. considering the relative weight of risk factors, the presence of meta indicators and the capacity of the business’ management systems), setting out a series of questions for businesses to ask themselves. It also emphasises the importance of engaging both internal and external stakeholders.

Multistakeholder Organisations and HRDD: The Ethical Trading Initiative

The Ethical Trading Initiative (ETI), an alliance of companies, trade unions and NGOs, has also made its own contribution to the concept of HRDD. ETI focuses on promoting respect for workers’ rights globally. ETI has developed its own HRDD Framework (ETI Framework) to help companies meet the corporate responsibility to protect in the labour rights context by preventing and managing labour rights risks that arise in supply chains. The ETI Framework aligns with the ETI’s Base Code, which is a set of internationally recognised labour standards derived from the ILO Conventions and includes, for example, ensuring living wages are paid and working hours are not excessive. It also focuses on workers with the greatest risk of human rights abuses such as children, women and migrant workers.

The focus of the ETI Framework on workers’ rights is clearly evidenced through the stated action items that companies should take in order to satisfy each step. For example, with respect to assessing actual and potential human rights risks, businesses should identify risks to workers by sector, nature of work, type of worker, employment relationships and labour market dynamics and assess workers’ ability to access rights to freedom of association and collective bargaining. While it is clear that the ETI Framework is based on the HRDD process articulated in the UNGPs, it also draws from the OECD due diligence tools and the Reporting Framework discussed above. Accordingly, it is aimed at complementing these frameworks, rather than replacing them.

ETI Norway has also released  ‘A Guide to Human Rights Due Diligence in Global Supply Chains’ (ETI Guide) to assist companies to operationalise HRDD in order to improve working conditions in supply chains. While the ETI Guide is intended to strengthen the role of Norwegian companies in achieving sustainable business practice, it can be applied to companies outside of Norway. The HRDD process outlined in the ETI Guide focuses on how to prevent, mitigate and remedy negative impacts on people working in supply chains, and the local communities in which they live and work, through adopting a risk-based approach. It acknowledges that HRDD needs to account for all players throughout all stages of a supply chain. Success factors for each of these steps are provided to guide businesses on what satisfaction of each step looks like, along with illustrative case studies of Norwegian companies that have successfully carried out HRDD.

 

Conclusion

HRDD is complex and its practice is being shaped by actors through the development of a variety of overlapping but multifarious administrative tools, reports, guidance documents and guidelines. What is clear is that there are a multiplicity of players weighing in on what exactly HRDD is, what it entails and how it should be implemented and practiced by business. Each of these players has different legitimacies and interests that have influenced their contribution to HRDD – for example the ETI’s contribution to HRDD is mainly focused on workers rights in the labour context.

It is clear that the UNGPs marked the end of the beginning to stopping corporate abuse of human rights. With respect to HRDD, the definition of its practical scope is still subject to ongoing interpretative struggle, with the resulting consequence being that there is a degree of uncertainty as to how businesses should operationalise HRDD. Accordingly, its meaning and impact can be properly understood only in the context of its concrete use, requiring specific case studies of business practice to be examined. The next blogs in this series will carefully examine the practices of businesses that have implemented HRDD in order to understand what HRDD actually does in practice.

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Doing Business Right Blog | Doing Business Right – Monthly Report – November 2017 - By Catherine Dunmore

Doing Business Right – Monthly Report – November 2017 - By Catherine Dunmore

Editor's Note: Catherine Dunmore is an experienced international lawyer who practised international arbitration for multinational law firms in London and Paris. She recently received her LL.M. from the University of Toronto and her main fields of interest include international criminal law and human rights. Since October 2017, she is part of the team of the Doing Business Right project at the Asser Institute.

Introduction

This report compiles all relevant news, events and materials on Doing Business Right based on the daily coverage provided on our twitter feed @DoinBizRight. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.

The Headlines

Amnesty International reports Shell’s 1990s involvement in Nigerian human rights violations

Amnesty International has released a report examining the role that the British-Dutch multinational oil and gas company Shell played in human rights violations and crimes committed by Nigerian security forces in Ogoniland in the 1990s. As the Movement for the Survival of the Ogoni People protested against Shell’s negative environmental and social impact on the Ogoni community, Nigeria’s security forces responded with a series of violent attacks leading to an estimated 1,000 deaths, destruction of ten villages and displacement of 30,000 people. In preparing A Criminal Enterprise? Shell’s Involvement in Human Rights Violations in Nigeria in the 1990s, Amnesty International reviewed thousands of pages of internal company documents and witness statements. It concluded that “Shell repeatedly encouraged the Nigerian military to deal with community protests, even when it knew the horrors this would lead to – unlawful killings, rape, torture, the burning of villages” and even provided money and logistical assistance to the security forces. Amnesty International calls upon the governments of Nigeria, The Netherlands and the United Kingdom to investigate, with a view to prosecution, Shell and/or individuals who were formerly in decision-making or supervisory positions within the company. Shell has always denied that the company played any part in violence or human rights violations in Ogoniland, affirming that “the evidence will show clearly that Shell was not responsible for these tragic events”.

Araya v Nevsun: Court of Appeal rejects Nevsun’s attempt to dismiss Eritrean refugee case

On 21 November 2017, the Court of Appeal for British Columbia handed down its judgment in Araya v Nevsun Resources Ltd., 2017 BCCA 401. The plaintiffs are Eritrean refugees who claim they were forced to work in a gold mine owned indirectly by Canadian mining company Nevsun and Eritrean state companies. The representative action is based on allegations that “international law norms against forced labour, slavery and torture were violated during the construction of the mine”, with over 1,000 people allegedly conscripted into the military under the Eritrean National Service Program and forcibly deployed at the mine in inhuman conditions, under constant threat of physical punishment, torture and imprisonment. Nevsun applied to have an earlier Supreme Court of British Columbia decision overturned and to have the action stayed using several grounds, including arguing under the Court Jurisdiction and Proceedings Transfer Act that the forum conveniens would be an Eritrean court or tribunal. Nevsun further argued for dismissal using the doctrine of act of state, and claimed there is no right in Canada to a civil remedy for acts of torture committed abroad, despite Canada being party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Court of Appeal dismissed the appeal, stating that “international law is ‘in flux’ and that transnational law, which regulates ‘actions or events that transcend national frontiers’ is developing, especially in connection with human rights violations that are not effectively addressed by traditional ‘international mechanisms’”. It affirmed that other “jurisdictions have been willing to hold corporate actors accountable for violations of jus cogens; and over time, the doctrine of act of state has been limited by public policy considerations said to be part of domestic law”.

Yaiguaje v Chevron: Court of Appeal denies Chevron’s attempt to block Ecuador enforcement

On 31 October 2017, the Court of Appeal for Ontario issued its decision in Yaiguaje v Chevron Corporation, 2017 ONCA 827. In 2011, oil giant Chevron was ordered by an Ecuadorian court to pay $18 billion (later reduced to $9.5 billion) to 30,000 Indigenous villagers living in the Lago Agrio region of Ecuador for environmental damages resulting from crude oil production in a claim dating back to 1993. When Chevron refused to pay, the Indigenous Ecuadorians brought proceedings in several jurisdictions where Chevron has assets, including Canada. Chevron disputes the original Ecuadorian judgment and its enforceability in Canada, and further requested that the plaintiffs pay $942,951 as security for costs of the proceedings. However, the Court of Appeal stated that “Chevron Corporation and Chevron Canada have annual gross revenues in the billions of dollars. It is difficult to believe that either of these two corporations, which form part of a global conglomerate with approximately 1,500 subsidiaries, require protection for cost awards that amount or could amount to a miniscule fraction of their annual revenues”. Accordingly, it dismissed Chevron’s claim, finding it “difficult to accept that the motion for security for costs was anything more than a measure intended to bring an end to the litigation”.

Company Reports and Press Releases

●           FIFA - FIFA publishes guide to bidding process for the 2026 FIFA World Cup

Government Consultations, Reports and Guidance

●           Accord - Quarterly Aggregate Report

●           Canadian National Contact Point - Final Statement: Endeavour Mining Corporation and a Labour Union

●           European Commission - Public consultation on institutional investors and asset managers' duties regarding sustainability

●           Government of Ireland - National Plan on Business and Human Rights 2017 - 2020

●           Ministry of Economic Affairs and Employment of Finland - Guide to socially responsible public procurement

●     Nationaal Contactpunt OESO-richtlijnen - Publicatie Eerste evaluatie melding Oxfam Novib, Greenpeace, BankTrack en Milieudefensie vs. ING

●           UK Parliament - Committees publish Bill to end exploitation in the gig economy

NGO and Law Firm Reports, Papers and Investigations

●           Allen & Overy LLP’s Human Rights Working Group - The Business and Human Rights Review

●           Amnesty International - A Criminal Enterprise? Shell’s Involvement in Human Rights Violations in Nigeria in the 1990s

●           Amnesty International - Time to Recharge Corporate Action and Inaction to Tackle Abuses in the Cobalt Supply Chain

●           Business & Human Rights Resource Centre - What’s changed for Syrian refugees in Turkish garment supply chains?

●           Institute for Human Rights and Business - Responsible Recruitment: Remediating Worker-Paid Recruitment Fees

●           Principles for Responsible Investment - An Investor Briefing on the Apparel Industry: Moving the Needle on Responsible Labour Practices

●           Swedwatch - Swedfund, FMO failed to respect human rights when exiting bioenergy project

●           UNEP Inquiry and World Bank Group - Roadmap for a Sustainable Financial System

In court

●           Agence France-Presse - Peruvian farmer sues German energy giant for contributing to climate change

●           Araya v Nevsun Resources Ltd - Judgment

●           Dutch NGOs v ING Bank - Case overview

●           FIDH - Sale of surveillance technology to Egypt: Paris Prosecutor asked to open a criminal investigation

●           Human Rights Law Centre and Raid vs G4S - Case overview

●       Independent Workers' Union of Great Britain and RooFoods Limited T/A Deliveroo - Decision on Whether to Accept the Application

●           Kathleen Harris - Supreme Court ruling removes barrier for year-round ski resort on sacred First Nation land

●           Kristine Hirsti - Klimasøksmålet: Vinner miljøbevegelsen kan bremsen for oljeleting i nord settes på

●           Leigh Day - Court of Appeal to hear Nigerian villagers’ pollution claims against Shell

●           teleSUR - A victory for Ecuador’s Indigenous Peoples: Canada Court rejects toxic-spilling Chevron’s case

●           Uber v Aslam et al - Judgment

In the news

Environment

●           Kate Hodal - 'Absolutely shocking': Niger Delta oil spills linked with infant deaths

●           Scilla Alecci - Paradise Papers: Leaked records reveal offshore companies’ role in forest destruction

Equator Principles

●           BankTrack - 'Equator banks, act!' campaign welcomes decision to revise the Equator Principles

●           EP Association Annual Meeting 2017 - Outcomes

Labour

●           Amnesty International - Industry giants fail to tackle child labour allegations in cobalt battery supply chains

●           Bénédicte Jeannerod - The Louvre Abu Dhabi’s Unlovely Back Story

●      Elizabeth Segran - The Real Story Behind Those Desperate Notes That Zara Workers Left In Clothes

●           Sarah Butler - University support staff launch landmark case over pay and conditions

Mining and Minerals

●           Adam Davidson - How Trump Is Quietly Dismantling the Architecture of Global Governance

●           Ben Doherty and Oliver Zihlmann - The inside story of Glencore's hidden dealings in DRC

●           EITI - EITI Chair Statement on United States withdrawal from the EITI

●           EITI - Mexico embraces oil, gas and mining transparency

●           Hannah Summers - Amnesty seeks criminal inquiry into Shell over alleged complicity in murder and torture in Nigeria

Money laundering

●           Vanessa Houlder - UK shell companies linked to £80bn money laundering

Sport

●           Amnesty International - FIFA under pressure over handling of World Cup construction abuse

●           Institute for Human Rights and Business - Consultation on Grievance Mechanism for Tokyo 2020 Olympic Games

●           Jane Buchanan - Russian Human Rights Defender Faces Police in Court

●           Minky Worden - Time for FIFA to Act on Human Rights: Russia’s World Cup 2018 Preparations Falling Short of Rights Goal

Swiss Responsible Business Initiative

●           Initiative pour des multinationales responsables - La Commission reconnaît la nécessité d’agir et veut un contre-projet indirect

●           Marc-André Miserez - Paradise Papers fuel Swiss better business initiative - for now

●           Michael Soukup - Exklusive Umfrage: Deutliche Mehrheit für Konzern-Initiative

Taxation

●           Nick Hopkins and Simon Bowers - Revealed: how Nike stays one step ahead of the taxman

●           United Nations Human Rights - Paradise Papers: States must act against “abusive” tax conduct of corporations - UN human rights experts

Trade

●           Rob Howse - The "Ardern Clause" in TPP: A Novel Approach to Curbing Investment-State Dispute Settlement

United Nations

●           ECCJ - UN treaty process on business and human rights moving into a new phase

●           United Nations General Assembly - Situation of human rights defenders

Speeches, Videos and Interviews

●           Institute for Human Rights and Business - Heads of OHCHR, ILO, and IOC open the Sporting Chance Forum

Academic Materials

●       Anna Grear and Burns Weston - The Betrayal of Human Rights and the Urgency of Universal Corporate Accountability: Reflections on a Post-Kiobel Lawscape

●           Business and Human Rights Journal - Surya Deva, Anita Ramasastry, Michael Santoro and Florian Wettstein

●           Christine Overdevest and Jonathan Zeitlin - Experimentalism in transnational forest governance: Implementing European Union Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreements in Indonesia and Ghana

●           Jonathan Bonnitcha and Robert McCorquodale - The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights

●           Jonathan Bonnitcha and Robert McCorquodale - The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Rejoinder to John Gerard Ruggie and John F. Sherman, III

●           John Ruggie and John Sherman - The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights: A Reply to Jonathan Bonnitcha and Robert McCorquodale

●      Karin Buhmann - Neglecting the Proactive Aspect of Human Rights Due Diligence? A Critical Appraisal of the EU’s Non-Financial Reporting Directive as a Pillar One Avenue for Promoting Pillar Two Action

●           Louise Obara - ‘What Does This Mean?’: How UK Companies Make Sense of Human Rights

●           Lukasz Czerwinski - A Jedi Approach for Companies to Manage Grievances and Land-Related Risk

●           Milan Babic, Jan Fichtner and Eelke Heemskerk - States versus Corporations: Rethinking the Power of Business in International Politics

●           Nicolas Bueno - Corporate Liability for Violations of the Right to Just Conditions of Work in Extraterritorial Operations

●           Shane Darcy - ‘The Elephant in the Room’: Corporate Tax Avoidance & Business and Human Rights

●        Stéphane Brabant and Elsa Savourey - France’s Corporate Duty of Vigilance Law: A Closer Look at the Penalties Faced by Companies

●          NYU Stern BHR - Harmful Content: The Role of Internet Platform Companies in Fighting Terrorist Incitement and Politically Motivated Disinformation

Blogs

Asser Institute Doing Business Right Blog

●           Catherine Dunmore - Doing Business Right – Monthly Report – October 2017

●        Catherine Dunmore - Lungowe v Vedanta and the loi relative au devoir de vigilance: Reassessing parent company liability for human rights violations

●           Daniel Iglesias Márquez - The EU Conflict Minerals Regulation: Challenges for Achieving Mineral Supply Chain Due Diligence

●           Elisa Chiaro - Regulating the Gig Economy: A Workers’ Rights Perspective

●           2 November 2017 - “Give banks and companies clear guidelines on their human rights responsibilities”

Others

●           Atul Shah - KPMG: Professional Chameleons Or Independent Public Auditors And Regulators?

●           Beate Sjåfjell - Doing By Suing: The International Trend of Climate Lawsuits

●           Christopher Burkett and Kevin Coon - Door Still Open? Canada As Safe Harbour For Multinational Human Rights Litigation

●        Claes Cronstedt, Jan Eijsbouts, Adrienne Margolis, Steven Ratner, Martijn Scheltema, Robert Thompson - International Arbitration of Business and Human Rights: A Step Forward

●           Daniel Aguirre - Obligations to respect and protect human rights are meaningless without access to remedy in states where the rule of law is weak: The example of Myanmar

●           Gabriela Quijano and Elodie Aba - Reclaiming the forgotten pillar, and the law as an agent of change

●        Global Witness - Chinese industry group launches guidelines for sustainable rubber - includes sections on land, labour & indigenous peoples rights

●         Larry Catá Backer - Reflections Day 1 ("What is the continuing relevance of the U.N. Guiding Principles?"): United Nations OHCHR Forum for Business and Human Rights (27-29 November 2017)

●           Roel Nieuwenkamp - “I don’t care if it’s legal, it’s wrong”: Panama Papers show taxation is a core corporate responsibility issue

●           Roper Cleland - Do local grievance mechanisms work?

●           Ryan Brightwell - Steps forward and steps back on the road to access to remedy in the banking sector

●           Surya Deva - Access to Effective Remedy: Taking Human Rights and Rights Holders Seriously

Upcoming Events

Asser Institute

●           8-12 January 2018 - Winter Academy - Doing Business Right: Corporate social responsibility in transnational law and practice, Den Haag, Netherlands

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