Castan Centre for Human Rights Law Child Rights Symposium Recent developments relating to business and child rights Presented by Vanessa Zimmerman, Business and Human Rights Specialist Melbourne, 24 April 2012

Background to the SRSG’s mandate 2003: Draft Norms on Business and Human Rights submitted to UN Commission on Human Rights (CHR). 2003: Draft Norms on Business and Human Rights submitted to UN Commission on Human Rights (CHR). 2004: CHR refused to adopt draft Norms. 2004: CHR refused to adopt draft Norms. March – July 2005: UN Secretary-General appointed Harvard Professor John Ruggie as SRSG on Business and Human Rights. March – July 2005: UN Secretary-General appointed Harvard Professor John Ruggie as SRSG on Business and Human Rights. June 2008: Human Rights Council unanimously welcomed “Protect, Respect and Remedy” Framework; extended SRSG’s mandate to June June 2008: Human Rights Council unanimously welcomed “Protect, Respect and Remedy” Framework; extended SRSG’s mandate to June November 2010: SRSG posted draft Guiding Principles on Business and Human Rights for public consultation. November 2010: SRSG posted draft Guiding Principles on Business and Human Rights for public consultation. March 2011: Final Guiding Principles submitted to the Human Rights Council. March 2011: Final Guiding Principles submitted to the Human Rights Council. June 2011: Council endorsed the Guiding Principles June 2011: Council endorsed the Guiding Principles

The Protect, Respect and Remedy Framework The State duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation and adjudication; The State duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation and adjudication; The corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing on the rights of others and to address adverse impacts with which they are involved; and The corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing on the rights of others and to address adverse impacts with which they are involved; and Greater access by victims to effective remedy, judicial and non-judicial. Greater access by victims to effective remedy, judicial and non-judicial.

Status of the Guiding Principles GPs are: a global reference point for preventing and addressing the risk of adverse impacts on human rights linked to business GPs are: a global reference point for preventing and addressing the risk of adverse impacts on human rights linked to business GPs are: being incorporated into other key CSR initiatives (OECD Guidelines; ISO 26000; UN Global Compact; IFC Performance Standards; ASEAN; EU) GPs are: being incorporated into other key CSR initiatives (OECD Guidelines; ISO 26000; UN Global Compact; IFC Performance Standards; ASEAN; EU) GPs are not: binding international law GPs are not: binding international law GPs are not: an off the shelf handbook, must be tailored to each company, each government GPs are not: an off the shelf handbook, must be tailored to each company, each government

What do the UNGPs say about child rights? State duty to protect: as part of general State regulatory and policy functions, States should provide guidance to business on considering issues of vulnerability including challenges faced by children. State duty to protect: as part of general State regulatory and policy functions, States should provide guidance to business on considering issues of vulnerability including challenges faced by children. Business responsibility to respect: Businesses should respect human rights of specific groups or populations requiring particular attention – including children. Business responsibility to respect: Businesses should respect human rights of specific groups or populations requiring particular attention – including children.

The UNWG and Child Rights HRC Resolution asked UNWG to give special attention to persons living in vulnerable situations, in particular children. HRC Resolution asked UNWG to give special attention to persons living in vulnerable situations, in particular children report notes: 2012 report notes: UNWG aware of broad range of governance gaps, including relating to persons living in vulnerable situations such as children.UNWG aware of broad range of governance gaps, including relating to persons living in vulnerable situations such as children. States have raised issues relating to children as potential focus for UNWG.States have raised issues relating to children as potential focus for UNWG. Impact of business on children amongst three key issues raised by civil society in consultations.Impact of business on children amongst three key issues raised by civil society in consultations. UNWG recognized children may face particularly significant obstacles when seeking remedies for business-related human rights grievances.UNWG recognized children may face particularly significant obstacles when seeking remedies for business-related human rights grievances.

The CRC and Business and Human Rights SRSG’s 2007 report on CRC and State Duty to Protect: SRSG’s 2007 report on CRC and State Duty to Protect: Committee has interpreted the CRC as requiring States Parties to protect against third party interference with rights, including by business enterprises.Committee has interpreted the CRC as requiring States Parties to protect against third party interference with rights, including by business enterprises. Focus on non-State service providers; discrimination by private actors and protecting children from economic exploitation and harmful information (in particular media, Internet, tourism, mining, agricultural and pharmaceutical industries.)Focus on non-State service providers; discrimination by private actors and protecting children from economic exploitation and harmful information (in particular media, Internet, tourism, mining, agricultural and pharmaceutical industries.) OPSC clear about duty to protect against sale of children, child prostitution and pornography including through establishing legal liability for legal persons.OPSC clear about duty to protect against sale of children, child prostitution and pornography including through establishing legal liability for legal persons. Mix of legislative, administrative, social and other measures required to fulfil duties.Mix of legislative, administrative, social and other measures required to fulfil duties. Committee has called on private service providers to incorporate rights protection into codes of conduct.Committee has called on private service providers to incorporate rights protection into codes of conduct. Available at: humanrights.org/Documents/Ruggie-report-Convention-on-Rights-of- Child-Jul-2007.pdfAvailable at: humanrights.org/Documents/Ruggie-report-Convention-on-Rights-of- Child-Jul-2007.pdfhttp:// humanrights.org/Documents/Ruggie-report-Convention-on-Rights-of- Child-Jul-2007.pdfhttp:// humanrights.org/Documents/Ruggie-report-Convention-on-Rights-of- Child-Jul-2007.pdf

Draft Child Rights and Business General Comment Aim to provide States Parties with framework for implementation of CRC with regard to business sector. Aim to provide States Parties with framework for implementation of CRC with regard to business sector. To include guidance on: To include guidance on: Preventing and remedying violations by business actors;Preventing and remedying violations by business actors; Ensuring businesses carry out responsibilities;Ensuring businesses carry out responsibilities; Encouraging business to positively contribute to the realisation of child rights.Encouraging business to positively contribute to the realisation of child rights. Also recognition that the Committee needs to clarify the duties of home States relating to abuse by domiciled companies abroad – strong rationale for home States to take appropriate steps to prevent and remedy such abuse. Also recognition that the Committee needs to clarify the duties of home States relating to abuse by domiciled companies abroad – strong rationale for home States to take appropriate steps to prevent and remedy such abuse. Annotated Outline available at: sinessSector.htm Annotated Outline available at: sinessSector.htm sinessSector.htm sinessSector.htm Submissions due by 30 April 2012 Submissions due by 30 April 2012

Children’s Rights and Business Principles All Businesses should 1. Meet their responsibility to respect children’s rights and commit to supporting the human rights of children 2. Contribute to the elimination of child labour, including in all business activities and business relationships 3. Provide decent work for young workers, parents and caregivers 4. Ensure the protection and safety of children in all business activities and facilities 5. Ensure that products and services are safe, and seek to support children’s rights through them 6. Use marketing and advertising that respect and support children’s rights 7. Respect and support children’s rights in relation to the environment and to land acquisition and use 8. Respect and support children’s rights in security arrangements 9. Help protect children affected by emergencies 10. Reinforce community and government efforts to protect and fulfil children’s rights

Moving forward – what you can do Encourage Australian businesses to implement the Children’s Rights and Business Principles (nb commitment by STC, UNICEF, GCNA to promote Principles amongst Aus businesses) Encourage Australian businesses to implement the Children’s Rights and Business Principles (nb commitment by STC, UNICEF, GCNA to promote Principles amongst Aus businesses) Build capacity amongst Australian civil society to better understand children’s rights and business issues at home and abroad, including through consultation with children. Build capacity amongst Australian civil society to better understand children’s rights and business issues at home and abroad, including through consultation with children. Engage with the Australian government on the steps it is taking to fulfil CRC obligations relating to business and child rights including around policy coherence. Engage with the Australian government on the steps it is taking to fulfil CRC obligations relating to business and child rights including around policy coherence. Request guidance from the AHRC on steps all stakeholders can take to safeguard child rights in relation to business activities. Request guidance from the AHRC on steps all stakeholders can take to safeguard child rights in relation to business activities. Make submissions to the CRC to encourage greater clarity for States Parties as part of drafting of General Comment; consider use of new complaints mechanism for business related issues. Make submissions to the CRC to encourage greater clarity for States Parties as part of drafting of General Comment; consider use of new complaints mechanism for business related issues. Provide continued encouragement for UNWG workplan to include focus on issues facing children. Provide continued encouragement for UNWG workplan to include focus on issues facing children.