USCIB Hosted Experts Discuss UN Treaty on Business and Human Rights

USCIB hosted a webinar on the UN Treaty on Business and Human Rights on June 13, featuring Robert McCorquodale, director of the British Institute of International and Comparative Law and Douglass Cassel, professor of law at Notre Dame Law School. The webinar discussed the treaty background, its current status, and possible next steps in advance of the third session of the Intergovernmental Working Group (IWG) in October 2017.

The treaty process began on June 26, 2014, when the Human Rights Council adopted resolution 26/9 by which it decided “to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.” The first two sessions of the open-ended IWG were to “be dedicated to conducting constructive deliberations on the content, scope, nature and form of the future international instrument.” The first session of the IWG was held in July 2015, and the second session in October 2016. The summary documents from the second session can be found here.

Prior to October’s third session, the Ecuadorian chair of the IWG has been tasked with drafting proposed elements for a treaty, and these points will be presented to the states in advance of the October meeting.  The webinar discussed three possible outcomes for the treaty: a relatively modest treaty with reporting and due diligence requirements to establish a level playing field, with an international monitoring system for the states’ obligations; a “maximalist treaty” with international courts, international legal requirements for business, due diligence reporting, and other requirements, as argued for by some human rights groups; or no treaty at all resulting from this process.

If USCIB members would like to access a recording of the webinar, please contact Elizabeth Kim (ekim@uscib.org).

USCIB Emphasizes Government Role in Labor Migration Policy at ILC

USCIB Vice President for Corporate Responsibility and Labor Affairs gives remarks during the International Labor Conference in Geneva, Switzerland

USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog was among approximately 6,000 delegates who attended the 106th session of the International Labor Conference (ILC) in Geneva, Switzerland (June 5-16). The ILC touched upon pressing global issues such as the application of labor standards, peace and stability, women in the workplace, immigration and climate change. Herzog attended the ILC as a member of the U.S. Employers Delegation, headed by Ed Potter, USCIB senior counsel and U.S. employer spokesperson to the International Labor Organization (ILO) Governing Body.

Herzog gave remarks at the Committee for Labor Migration, emphasizing the important role the ILO has to play in ensuring that labor migration policies are grounded in sound facts in order to assist governments in devising and implementing policies in ways that work for both employers and workers.

“Labor migration is a necessary and important phenomenon,” said Herzog in her remarks. “It can help fulfill personal aspirations, balance labor supply and demand, spark innovation, and develop and transfer skills.  But for workers to be able to move of their own volition, where and when their labor is needed and valued, and with their rights protected, governments must have clear, transparent and efficient migration policies.”

Potter Gives Statement on Climate Change at ILO Conference

USCIB Senior Counsel Ed Potter is currently attending the International Labor Organization (ILO) International Labor Conference (ILC) in Geneva, Switzerland (June 5-16) as a U.S. employer delegate. The ILC is discussing pressing global issues such as women at work, application of labor standards, peace and stability, migration and climate change.

Potter delivered the following statement on June 12 during the 2017 Plenary Statement on the Director General’s report on behalf of business regarding climate change and the Paris Agreement:

 

2017 Plenary Statement on the Director General’s Report

Adopted in 2015, the Paris Agreement on climate change is now the globally recognized framework for international climate action and represents a reset of the global approach to climate change.  Anything adopted by the ILO on climate change prior to 2015 should be reevaluated in light of the Paris Agreement.   The Paris Agreement is historic because it envisions self-determined actions and pledges by all countries, according to their priorities and resources.  Importantly, it eliminated the binary Kyoto annexes which divided 193 countries into 2 arbitrary categories.

We are concerned by language in the Director General’s Report that seems to over-simplify the challenge ahead, portraying a straightforward “green” vs. “dirty” choice of technologies, industries, products and jobs.  We do not live in a binary “green” job “brown” job world, and similarly we do not have “green” versus “brown” energy or technology.  The reality is more complex, and there are many other stakeholders involved – notably consumers.  The fact is that all industry sectors will need to transition to cleaner and more efficient operations and energy sources.  The scale of transformation required to meet Paris commitments cannot be met without business finding ways to respond to growing populations seeking reliable affordable energy sources to run businesses, schools, hospitals, etc.  Whether the discussion is on ICT and smart grids, or new ways to sequester carbon that could extend the use of fossil fuels while reducing their greenhouse gas emissions, or zero emissions transport, a fuller and more multi-dimensional picture of enterprises is needed.  It is not about the coal miner versus the solar panel installer – it is much more complex.

Transitions will be felt in the business community in the form of opportunities for new industries or products across a wider array of sectors than those normally referred to as “green” through supply and value chains and arising from regulations, costs or innovations that result in more disruptive change or harm to competitiveness.  Without growth and productive employment, there is less room for the successful protection of the environment and the promotion of decent work.  As enterprises are the primary source of job creation, a business-friendly environment remains an essential priority.   Sustainable jobs and sustainable businesses go hand in hand.

The Paris Agreement calls not just on governments but other societal partners, including the business community to act.  The business community has shown strong and continuous commitment to support the Paris Agreement and its implementation.  Delivering the Paris commitments depends on the full engagement of business and employers.  In fact, after my country’s recent withdrawal from the Paris Agreement, nearly 1000 large companies and investors joined a “We Are Still In” movement, representing 120 million Americans and 40 percent of the US economy at the state and municipal level.  Local attitudes are important and matter.

As highlighted in the Director General’s Report, over the past two years. the UNFCCC has launched its work on “Just Transition”.  Yet until last month, the UNFCCC did not adequately or directly involve business and employers on these topics – while the ILO has been consulted throughout, as has the ITUC.  It is only in the last 2 months that business or employer views have been communicated to the UNFCCC via a joint submission by the IOE and ICC, and by IOE and ICC participation in the May 9 Bonn meeting on the UN Framework Convention on Climate Change.   The Roundtable highlighted the need for enhanced involvement of employers and the need for direct consultation with them in the future on just transition and other employment related matters.  Tripartism is a cornerstone of this Organization and should apply both inside and outside the ILO.

Much of the Director General’s report focuses on the labor market churn that will occur as a result of the transition from “dirty” to “green” jobs.  The strong impression the reader gets from his Report is that climate change requires a dedicated, special program by the ILO.  Our view is that structural change and job impact of climate change is not at all dissimilar from other ongoing structural change resulting from technological change.  Ask any expert about the future of work and you will hear about a world dominated by artificial intelligence, 3D printing, an on-demand economy, and five generations in a virtual workplace where almost any worker can perform almost any work from anywhere they choose. The ILO approach to climate change needs to be knitted together and treated holistically with other ILO structural change initiatives and the future of work.

Thank you, Mr. President.

 

Rigg Herzog Attends 2017 International Labor Conference

Secretary General Guy Ryder at 2017 ILC

USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog is among approximately 7,000 delegates currently attending the 106th session of the International Labor Conference (ILC) in Geneva (taking place June 5-16). The ILC will touch upon pressing global issues such as women at work, application of labor standards, peace and stability, migration and climate change. Rigg Herzog is attending the ILC as a member of the U.S. Employers Delegation, headed by Ed Potter, USCIB senior counsel and U.S. employer spokesperson to the International Labor Organization (ILO) Governing Body.

Rigg Herzog will be participating in the Committee for Labor Migration, while Potter will participate in the Committee for Fundamental Principles and Rights at Work, which is a follow-up to the ILO’s Social Justice Declaration. Adopted in 2008 by the representatives of governments, employers and workers from all ILO member States, the Social Justice Declaration expresses the contemporary vision of the ILO’s mandate in the era of globalization.

This year’s conference also includes a Committee on Employment and Decent Work for the Transition to Peace, as well as the Committee on the Application of Standards.

Upcoming Event: USCIB to Sponsor Reframing Human Rights Symposium

USCIB is sponsoring the second annual Reframing Human Rights Symposium, “Shared Value through Global Corporate Citizenship” by Skytop Strategies on June 28-29, hosted by Bard College. This two-day program will assess the connection between human rights, human capital development and operational opportunity for resiliency and return on investment. Several USCIB members will be featured speakers, including representatives from Chevron, Intel, Marriott International, Pirelli, Dell, Bechtel, AT&T and GE. The full agenda is available here.

USCIB members will receive a 25% discount on the registration fee. If you would like to attend, please contact Joshua Galow (jgalow@skytopstrategies.com).

USCIB Members Contribute to Better Business Bureau Forum

Panel on Leading the Way: Corporate Responsibility Trends and Engagement Strategies. L-R: Eric Gertler (New York Daily News), Jennifer Ryan Crozier (IBM), Timothy J. McClimon (American Express), Kathryn Wylde (Partnership for New York City)

USCIB and its members participated in the Better Business Bureau of Metropolitan New York, which hosted its annual Forum on Corporate Responsibility, Navigating Engagement: Strategies to Inspire Action and Build Impact on June 6. USCIB participated in the forum, which was a half-day event with speakers on topics ranging from current trends in corporate responsibility, the value of nonfinancial information to investors and the UN Sustainable Development Goals.

Representatives from member companies American Express and IBM spoke about corporate responsibility trends and strategies for engagement. Timothy J. McClimon, senior vice president, corporate social responsibility at American Express emphasized employees as key stakeholders in corporate responsibility and the need to for enhanced engagement with the community.

Jennifer Ryan Crozier, vice president, IBM Corporate Citizenship, discussed IBM’s Corporate Service Corps, where IBM teams work on social impact projects globally, while developing leadership and community skills. Crozier also emphasized the importance of connecting day-to-day work with its final social impact. Other member speakers also included representatives from Ernst & Young, and member Verizon served as a Forum sponsor.

USCIB and ILO to Host Event on Promoting Disability Inclusion

USCIB has teamed up with the ILO Global Business and Disability Network (GBDN) to host an event in Washington DC for business leaders, “Promoting disability inclusion globally” on June 20 with the aim of supporting companies in increasing their opportunities to promote disability inclusion globally. The event will be hosted by USCIB’s member AT&T and will feature speakers from Deloitte and other USCIB member companies.

The GBDN is a network of multinational enterprises, employers’ organizations, business networks and disabled persons’ organizations who share the conviction that people with disabilities have talents and skills that can enhance virtually any business. The ILO believes ‘Disability Inclusion makes good business sense’.

The event was also featured in a Huffington Post article, “Helping U.S. Based Corporations Join the Global Disability Inclusion Conversations.”

Goldberg Gives Keynote at ILO Women in Business Conference

Ronnie Goldberg gives keynote remarks at ILO Women in Business and Management Conference

USCIB Senior Counsel Ronnie Goldberg was a keynote speaker at an ILO Latin American Regional Conference on Women in Business and Management, held on May 23 in Lima, Peru.  Over 300 attendees were drawn from virtually every country of Latin America and the Caribbean.

Goldberg’s speech drew from the findings of a series of  BIAC reports, such as the report on Putting All Our Minds to Work: Harnessing the Gender Dividend and Putting All Our Ideas to Work: Women and Entrepreneurship, that highlight the business case for women’s economic empowerment and identify best practices and practical policy recommendations for advancing women’s roles in the workplace.

Her comments also addressed gender-based challenges to launching and running a business, including access to finance and business networks, as well as cultural and gender bias,  and highlighted  a number of issues and challenges facing women in STEM and information and computer technology (ICT) careers.

Among the Conference speakers was Marcela Esquivel, global director, Diversity and Inclusion Strategy Business Unit, The Coca-Cola Company, who spoke about the company’s robust efforts to promote women internally, and to foster women’s entrepreneurship in its supply chain.

State Department Briefs USCIB on US National Action Plan

Melike Yetken (U.S. Department of State) addresses the USCIB Corporate Responsibility and Labor Affairs Committee

Melike Yetken, a senior advisor for corporate responsibility with the U.S. Department of State, provided an update for approximately 40 USCIB members on May 2 on the U.S. National Action Plan on Responsible Business Conduct (NAP). Yetken’s update was part of USCIB’s bi-annual Corporate Responsibility and Labor Affairs Committee, which took place over two days in Washington, DC. In her update, Yetken discussed the goals of the NAP – to emphasize positive contributions and to mitigate negative aspects and highlight that the U.S. is the only government that has written a NAP on responsible business conduct.

“This first U.S. NAP lays a great foundation,” said USCIB Vice President Gabriella Herzog, who recently came on board to lead USCIB’s practice on corporate responsibility and labor affairs. “This is particularly so since it brings together in one place all of the initiatives in which the entire U.S. government has been engaged for years – and in many instances, leading global efforts, whether on government transparency and anti-corruption or forced labor, child labor and human trafficking.”

USCIB co-hosted the first public consultation on the NAP two years ago and has since advocated alongside its global partners and other major business organizations for the U.S. and other governments to develop these strategic planning tools to implement the State Duty to Protect under Pillar 1 of the UN Guiding Principles on Business and Human Rights. When done well, NAPs can help support businesses in implementing their responsibility to respect human rights in their own operations and those of their business partners.

Committee Chair Laura Rubbo of Disney presided over these meetings, which were hosted at the offices of Foley and Lardner. The meeting spanned various pressing topics such as the OECD Due Diligence Guidance for Responsible Business Conduct, the International Labor Organization’s (ILO) program on decent work in global supply chains, the Customs Tariff Act of 1930 and human rights and mega-sporting events. USCIB members also heard from former USCIB staffer Adam Greene in his capacity as senior advisor for the Bureau for Employers’ Activities at the ILO who gave an exclusive update on the ILO Program on Decent Work in Global Supply Chains.

 

Many USCIB Members Ranked “Best Corporate Citizens”

Talk in GreenAs USCIB prepares for its bi-annual Corporate Responsibility and Labor and Employment Committee meetings on May 2-3, USCIB would like to congratulate many of its members who were honored by Corporate Responsibility Magazine in its release of the 18th annual list of Best Corporate Citizens last week. USCIB members that made it into the top 10 rank include Intel, Microsoft, Cisco and Lockheed Martin, with many others ranked in the top 100 as well. CR Magazine is America’s leading voice on corporate responsibility, providing case studies, analyzing best practices and tracking trends in the five primary segments of corporate responsibility: energy and environment, risk management, governance and compliance, employee relations, and human rights.

Next week’s USCIB Committee meetings will touch on all five of these segments. The Committee meetings, which will be hosted by Foley and Lardner LLP in Washington DC, will include a presentation from Melike Yetken, a senior advisor for corporate responsibility with the U.S. Department of State, touching on the U.S. National Action Plan and work of the U.S. national contact point for the OECD. Yetken will also participate on a panel at the meeting with Hanni Rosenbaum of Business at OECD (BIAC) to brief USCIB committee members on the draft OECD Due Diligence Guidance for Responsible Business Conduct.  Additional agenda highlights include an update on the ILO program on decent work in global supply chains, the Customs Tariff Act of 1930, the upcoming UN Forum on Business and Human Rights, and an update on conflict minerals. For more information on this two-day Committee meeting, please contact Gabriella Rigg Herzog.

The unique value of the USCIB Corporate Responsibility and Labor Affairs Committee is its leadership position advancing the global interests of U.S. business with global policy makers in the area of responsible business conduct, and the broad and diverse nature of its members who represent multiple business functions and industries and who participate actively through the sharing of insights and experiences.