india ceo forum on business and human rights, february 13, 2012

Opening Event, 13th February 2012 New Delhi, India

INDIA CEO FORUM ON BUSINESS AND HUMAN

RIGHTS

The India CEO Forum is a two-year Global

Compact Network India ini� a� ve, kindly

chaired by Shri N. R. Narayana Murthy

Founder and Chairman Emeritus, Infosys

Contents

Message from Shri. N. R. Naryana Murthy 1

Agenda 2

CEO Forum Overview 4

Core Advisory Group and Conveners 6

CEO Briefi ng: Business and Human Rights 7

Annex

Excerpts from UN Guiding Principles 12

Excerpts from MCA Guidelines 15

UN Global Compact Principles 16

Universal Declara� on of Human Rights 17

“The diff erence between what we do and what we are capable of doing would

suffi ce to solve most of the world’s problems.”

Mahatma Gandhi

“Where, a� er all, do universal human rights begin? In small places, close to home,

so close and so small that they cannot be seen on any map of the world. Yet they are

the world of the individual person: the neighborhood he lives in; the school or college

he a� ends; the factory, farm or offi ce where he works.. Unless these rights have

meaning there, they have li� le meaning anywhere. Without concerted ci� zen ac� on

to uphold them close to home, we shall look in vain for progress in the larger world.”

Eleanor Roosevelt

“What moves us is not the realiza� on that the world falls short of being completely

just – which few of us expect - but that there are clearly remediable injus� ces around

us which we want to eliminate.”

Nobel Laureate Amartya Sen

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Dear Colleagues

The CEO Forum is a concerted and pragma� c call to ac� on for us all. A key mo� va� on for India to address the Business and Human Rights agenda in a serious way is that there is a clear business case to do so including enhanced risk management, sustainable rela� ons with stakeholders, resilient supply chains and access to new markets. It is clear that India Inc. requires a social license to operate at home and around the world.

Here, in India, our rela� vely young liberal market economy has had profoundly posi� ve eff ects on poverty and the realiza� on of rights. Yet, we see far too many examples of confl ict between business ac� ons and the rights of our ci� zens whether it is bonded labour in our informal economy or religious, caste and gender discrimina� on in our corporate headquarters; displaced livelihoods in regions of intense resource extrac� on or sub-par health and safety prac� ces; or an o� en indiff erent a� tude to child labour or lack of access to remedy for those who feel they have been abused or exploited by business.

Despite genuine eff orts by business, we s� ll have a long way to go. And globally, our corpora� ons are expected to apply interna� onal standards to a range of geographic, social and cultural contexts whilst very few have globally applicable responsible business policies and prac� ces. We understand that recognizing these reali� es is part of the journey ahead.

As is the case on so many ma� ers, business interac� on with human rights calls on the full gambit of our entrepreneurial and moral capabili� es. It is also clear that Indian business leaders should and could very rapidly be world leaders on the social side of responsible business.

Hence the CEO Forum.

I look forward to taking this journey with you

N. R. Narayana Murthy,

Founder and Chairman Emeritus, Infosys

Chair, India CEO Forum on Business and Human Rights

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AGENDA

CEO Roundtable on Human rights risks, responsibili� es and opportuni� es for Indian business

10:00 a.m. to 13:00 p.m. February 13th, Taj Palace Hotel, New Delhi

OBJECTIVES• To have a frank and safe dialogue regarding Human Rights Risks, Responsibili� es

and Opportuni� es facing Indian business leaders

• To build commitment to a two-year India CEO Forum on Business and Human Rights

10:00 a.m. ARRIVALS, TEA AND COFFEE

10:15 a.m. WELCOME

Brig. Rajiv Williams, YSM, Corporate Head of CSR, Jindal Stainless Limited and Convener, GCN Human Rights Sub-Commi� ee The welcome session will provide an opportunity to hear from representa� ves of the Global Compact Network regarding the ini� al impetus to convene the India CEO Forum and the ethos, approach and program for the mee� ng.

10:20 a.m. INTRODUCTORY REMARKS

Mr. Sudhir Vasudeva, Chairman, ONGC and President, GCN

10:30 a.m. OPENING REMARKS

Mr. N.R. Narayana Murthy, Founder and Chairman Emeritus, Infosys; and Mr. Arun Maira, Planning Commission, Government of India

In this session we will hear from two thought and prac� ce leaders as they share refl ec� ons and ideas regarding the important drivers, reali� es, challenges, opportuni� es and key ques� ons that Indian business could address collec� vely. What is the end goal and vision?

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10:55 a.m. HUMAN RIGHTS RISKS, RESPONSIBILITIES AND OPPORTUNITIES

Moderated by Mr. Mark Hodge, Director, Global Business Ini� a� ve on Human Rights. Contribu� ons from Mr. Salil Tripathi, Director of Policy, Ins� tute for Human Rights and Business; Ms. Chitralekha Massey, Deputy Director Human Rights, UN Mission in Iraq; Mr. Atul Singh, CEO, Coca-Cola India Inc; Mr. S. Gopalakrishnan, Execu� ve Co-Chairman, Infosys Ltd.; Dr. A. K. Balyan, MD and CEO, Petronet-LNG

This session and discussion will benefi t from inputs from leading interna� onal experts and Indian business leaders from the Core Advisory Group. Through presenta� ons and discussions, the session will cover a range of topic including: Why should business care about human rights? What are the major policy and paradigm shi� s driving business ac� on? What are the respec� ve roles of government and business? What should businesses do in prac� ce when faced by challenging contexts including confl ict, weak governance, sub-par labor prac� ces in their value chain and confl icts over land? What are the emerging good prac� ces?

12:25 p.m. BREAK

12:35 p.m. INDIA CEO FORUM ON BUSINESS AND HUMAN RIGHTS

Moderated by Mr. Mark Hodge, Director, Global Business Ini� a� ve on Human Rights. Contribu� ons from Mr. N.R. Narayana Murthy, Chair, India CEO Forum

on Business and Human Rights; Ms. Shubha Sekhar, General Manager, Global

Workplace Rights- Eurasia, The Coca-Cola Company, GCN Human Rights Sub-Commi� ee.

This session will provide an overview and Q & A opportunity regarding the work and plans of the two-year CEO Forum on Business and Human Rights, and include a “Call to Ac� on” to commit to par� cipate in the Forum.

11:50 p.m. VOTE OF THANKS

Mr. Pooran Chandra Pandey, Execu� ve Director, Global Compact Network India

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INDIA CEO FORUM ON BUSINESS ANDHUMAN RIGHTS

CLEAR VISION…

CLEAR COMMITMENT…

“The Indian CEO Forum on Business and Human Rights aims to advance human rights in the business context among Indian industry at home and abroad. We want to establish India as

a global leader in this cri� cal and valuable area of responsible business. Such leadership will, I believe, increase our compe� � ve

edge globally and strengthen the rela� onship between corpora� ons and the most vulnerable and marginalized sec� on

of our society here in India. The objec� ve is to create Indian enterprises and markets that are based fi rmly on respect and true dignity for all – a bold but necessary vision if we are to fully realize

our country’s poten� al.”

Mr. N. R. Narayana MurthyFounder and Chairman Emeritus, Infosys Chair, Indian

CEO Forum on Business and Human Rights

“We are invi� ng CEOs to meet on Interna� onal Human Rights Day 2012 and 2013 to engage with na� onal and interna� onal policy

and civil society leaders and to allocate two individuals from diff erent departments in your company to engage in a working-level group that will execute the CEO Forum work plan. In order

to support the professional delivery of the work plan we will seek sponsorship from par� cipa� ng companies”

Dr. Uddesh Kohli, Senior Advisor, United Na� onsGlobal Compact Offi ce

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WORK PLAN

Ac� vity One: Par� cipa� ng companies reviewing and discussing their policies, prac� ces, challenges and dilemmas regarding respect for human rights in their opera� ons and their value chains. Output – trends and good prac� ces report

Ac� vity Two: Input into policy developments such as the MCA Voluntary Guidelines on Responsible Business and the UN Guiding Principles on Business and Human Rights including how to mainstream them in Indian industry. Output – policy and prac� ce recommenda� ons and commitments

Apr. 2012

Working-levelMee� ng*# 1

Interna� onal Human Rights Day 2012(10th December)

CEO Policy Dialogue with na� onal leaders from government and civil

society

Interna� onal Human Rights Day 2013(10th December)

CEO Policy Dialogue with global leaders from

government and civil society

Working-level Mee� ng # 2



Dec. 2012 Apr. 2013 Dec. 2013

* Working-level mee� ngs will be supported by individual and collec� ve ac� on between mee� ngs. These mee� ngs will be a� ended by individuals nominated by CEOs.

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CORE ADVISORY GROUP AND GCN HUMAN RIGHTS SUB-COMMITTEE

The following business leaders are commi� ed to be part of the CEO Forum as part of the Core Advisory Group and join in the call for a wider community of peers to join this important ini� a� ve.

• Mr. Atul Singh, President & CEO, India and SWA, Coca-Cola India Inc

• Mr. John Flannery, President & CEO, GE India

• Mr. Ni� n Paranjpe, CEO and Managing Director, Hindustan Unilever Ltd

• Mr. S. Gopalakrishnan, Execu� ve Co-Chairman, Infosys Limited

• Mrs. Deepikaa Jindal, MD ar� d’inox, Jindal Stainless Limited

• Mr. Anand Mahindra, Vice Chairman and Managing Director, Mahindra and Mahindra

• Mr. S. Vasudeva, Chairman and Managing Director, ONGC

• Dr. A. K. Balyan, MD and CEO, Petronet-LNG

• Mr. C. S. Verma, Chairman, SAIL

The CEO Forum will be served and supported by the GCN India Offi ce and the members of the GCN Human Rights Sub-Commi� ee

• Brig. Rajiv Williams YSM, Corporate Head – CSR, Jindal Stainless Limited (Convener)

• Mrs. Beroz Gazdar, Vice President, Mahindra and Mahindra Limited

• Mr. Ashok Bhar� , Chair, NACDOR

• Mr. J. S. Kochher, Joint Secretary, Na� onal Human Rights Commission

• Dr. Alka Mi� al, DGM, Human Resources, ONGC

• Mr. Mahesh Pa� l, General Manager, Sesa Goa Ltd

• Mr. B. K. Thakur, DGM, Steel Authority of India

• Dr. Joy Deshmukh, Global Head, CSR, Tata Consultancy Services

• Ms. Shubha Sekhar, General Manager, Global Workplace Rights-Eurasia, The Coca-Cola

Company

• Mr. Mark Hodge, Director, The Global Business Ini� a� ve on Human Rights

Strong acknowledgement is given to Ms. Rubina Sen, Programme Coordinator, Global Compact Network India; Mr. Pri� ka Chand, Jindal Stainless Limited and Fountainhead Solu� ons Pvt. Ltd. for coordina� ng all eff orts to date regarding the India CEO Forum on Business and Human Rights.

*Lists appear in alphabe� cal order based on company name.

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CEO BRIEFING ON BUSINESS AND HUMAN RIGHTS FIVE KEY MESSAGES

ON

ETW

O

Expecta� ons from policy makers, civil society and investors regarding corporate impact on human rights are rapidly converging

Business and human rights is a core business issue with costs for ge� ng it wrong, and benefi ts for ge� ng it right

On June 17th 2011, the United Na� ons took an unprecedented step to endorse the Guiding Principles for Business and Human Rights developed by the former UN Special Representa� ve on Business and Human Rights (Professor John Ruggie). The Indian Government has been a strong supporter of the Business and Human Rights agenda – hos� ng Professor Ruggie’s Asia Consulta� on in February 2009 and recently sponsoring a UN Resolu� on to progress the interna� onal agenda. A new UN Working Group has now been formed to focus on implementa� on of the Guiding Principles.

Interna� onally, the Guiding Principles have already been incorporated into important responsible business eff orts such as the OECD Guidelines for Mul� -na� onal Enterprises, the European Commission CSR strategy and IS0 26000 (the most universally approved CSR standard alongside the Global Compact). Just before the UN Guiding Principles were endorsed, 29 ins� tu� onal investors with US$ 2.7 trillion under management supported the principles and are now developing an Investors’ guide for Business and Human Rights.

From the Indian perspec� ve, we are also seeing serious developments. The Ministry of Corporate Aff airs has recently launched Na� onal Voluntary Guidelines for Responsible Business, in which Principle 5 (of 9) guides businesses to “respect and promote human rights” and makes explicit reference to the work of Prof. Ruggie and the UN “Protect, Respect, Remedy” Framework.

Many major corpora� ons now see the clear, long-term business case for respec� ng human rights and knowing and showing how they do so. This is o� en an accumula� on of a range of factors including:

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Reputa� onal Risk Management - Mismanagement of human rights issues can tarnish a reputa� on for many years and harm business opera� ons. Reputa� onal damage can make it harder to a� ract customers, secure the necessary investment for growth, a� ract and retain the best and most commi� ed employees or enter into business partnerships.

Pressure from Government - Na� onal governments can play a key role in encouraging businesses to act on human rights. An increasing number of countries around the world have launched na� onal ini� a� ves on corporate responsibility to encourage excellence among their own industries and through this encourage responsible outward and inward investment. Companies not respec� ng human rights can have a nega� ve eff ect upon both home and host country reputa� on and can undermine their ability to trade freely.

Opera� onal Risk– Social Licence to Operate - It is hard for any business to operate against the will of a local popula� on. While the permission of a na� onal government is needed to trade, local authority permission or community approval is also necessary even if not a legal requirement.A social licence to operate is not a wri� en document, but without it a company may face anything from demonstra� ons outside its gates to a material loss in trade.

Legal and Financial Risk - Although human rights law and its rela� onship to business is s� ll evolving, it is increasingly used in both criminal cases (against companies as well as individual employees) and civil cases (such as compensa� on claims from workers or customers). The risk of being found guilty of not respec� ng human rights or being complicit in an abuse perpetrated by others is now a reality in many parts of the world.

Pressure from Investors - Many ins� tu� onal investors now ac� vely screen for allega� ons of human rights abuses by a company they are considering for investment. This is also the case for the major public lending ins� tu� ons, stock exchanges and major private banks.

Mee� ng Expecta� ons of Buyers or Customers - Few companies can prosper whilst knowingly abusing human rights. Customers expect companies to respect human rights and avoid involvement in any such abuses. Increasingly, such stakeholders expect not just minimum compliance but evidence of posi� ve behaviour.

Staff Reten� on and Mo� va� on - The best companies a� ract and keep the best employees, and good employees contribute to success. A rela� onship built on respect for human dignity is likely to be more sustainable and produc� ve for both employer and employee.

Leadership - Ethical leadership is a key element of sustainable success in business. A corporate governance framework which takes account of human rights sets the tone for business behaviour, contributes to the success of the company and helps meet stakeholder expecta� ons.

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THRE

E Human rights can be understood as an a� empt by ci� zens and leaders around the world to codify our no� ons of dignity, respect and equality

Human rights are the basic rights of each human being, independent of race, sex, religion, poli� cal opinion, social status, or any other characteris� c. Through interna� onal human rights conven� ons, governments commit to respect, protect, promote and fulfi l the human rights of their ci� zens. The Universal Declara� on of Human Rights is the founda� onal document for understanding human rights and is provided as an annex to this document. Businesses should also be aware of the Interna� onal Covenant on Civil and Poli� cal Rights, and the Interna� onal Covenant on Economic, Social and Cultural Rights the core conven� ons of the Interna� onal Labour Organiza� on (ILO). In addi� on, a specifi c body of law applies in situa� ons of armed confl icts: interna� onal humanitarian law.

Examples of interna� onally agreed human rights that companies can impact can be understood in two categories as follows:

Labour Rights such as Freedom of associa� on, Right to equal pay for equal work, Right to organize and par� cipate in collec� ve bargaining, Right to non-discrimina� on, Right to just and favorable remunera� on, Aboli� on of slavery and forced labour, Right to a safe work environment, Right to rest and leisure, Right to work and Right to family life.

Non-labour rights such as Right to life, liberty and security of the person, Right of peaceful assembly; Right to an adequate standard of living (including food, clothing, and housing); Right to physical and mental health; Access to medical services; Equal recogni� on and protec� on under the law; Freedom of thought, conscience and religion; Right to educa� on; Right to hold opinions, freedom of informa� on and expression; Right to par� cipate in cultural life; Freedom of movement and Right to privacy.

FOU

R Businesses are not solely responsible for the human rights impacts of economic ac� vity – government and civil society are key actors too

Government’s have a duty to Respect, Protect, Promote and Fulfi l Human Rights. These terms are used in connec� on with state obliga� ons in accordance with the human rights instruments they have commi� ed to. As an overview, promote is about ensuring awareness of the right; respect means to not violate a right; protect means to ensure that others (e.g. companies, individuals, etc.)

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do not violate a right; and fulfi l means to actually implement the right, for example by providing healthcare facili� es to fulfi l the right to health. From this, it is clear that States have a Duty to Protect against human rights viola� ons by business and may engage in promo� onal awareness raising ac� vi� es also.

There is now a recognised corporate responsibility to respect human rights which applies to business actors. Governments unanimously affi rmed the existence of this responsibility at the United Na� ons in 2008 and the UN Human Rights Council unanimously endorsed the UN SRSG Professor John Ruggie’s Guiding Principles in 2011. The responsibility to respect essen� ally means not to infringe upon the rights of others and to address adverse impacts when they occur. Companies can take steps to meet their responsibility to respect human rights by carrying out human rights due diligence. Addi� onally, companies should have in place a statement or policy ar� cula� ng the company’s commitment to respect human rights.

FIVE

Businesses are simply expected to “know and show” through due diligence how they manage their human rights impacts

No company sets out to abuse human rights. No CEO, director, manager, employee, supplier or business partner wants to have a nega� ve eff ect on the lives of people their enterprise depends on. And most companies are probably correct to presume that they do respect human rights. The paradigm shi� underlying eff orts by world-class business and embedded in the UN Guiding Principles is to the importance of “knowing and showing” (not just claiming and assuming) that the company respects human rights in its own opera� ons and value chain.

Therefore, businesses should approach the human rights impacts of their opera� ons, products and services in the same way they manage other areas of the business – systema� cally, on an ongoing basis, engaging the correct internal and external exper� se, tracking eff ec� veness and accoun� ng for their ac� ons to relevant par� es. The United Na� ons Guiding Principles endorse this policy, process and procedural approach by business to respec� ng human rights and ar� culate that.

In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including:

(a) A policy commitment to meet their responsibility to respect human rights;

(b) A human rights due-diligence process to iden� fy, prevent, mi� gate and account for how they address their impacts on human rights;

(c) Processes to enable the remedia� on of any adverse human rights impacts they cause or to which they contribute.

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ANNEX

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EXCERPTS FROM UNITED NATIONS GUIDING PRINCIPLESINTRODUCTION

The issue of business and human rights became permanently implanted on the global policy

agenda in the 1990s, refl ec� ng the drama� c worldwide expansion of the private sector at the

� me, coupled with a corresponding rise in transna� onal economic ac� vity. These developments

heightened social awareness of businesses’ impact on human rights and also a� racted the

a� en� on of the United Na� ons.

One early United Na� ons-based ini� a� ve was called the Norms on Transna� onal Corpora� ons

and Other Business Enterprises; it was dra� ed by an expert subsidiary body of what was then the

Commission on Human Rights. Essen� ally, this sought to impose on companies, directly under

interna� onal law, the same range of human rights du� es that States have accepted for themselves

under trea� es they have ra� fi ed: “to promote, secure the fulfi lment of, respect, ensure respect of

and protect human rights”.

This proposal triggered a deeply divisive debate between the business community and human

rights advocacy groups while evoking li� le support from Governments. The Commission declined

to act on the proposal. Instead, in 2005 it established a mandate for a Special Representa� ve of

the Secretary-General “on the issue of human rights and transna� onal corpora� ons and other

business enterprises” to undertake a new process, and requested the Secretary-General to

appoint the mandate holder. This is the fi nal report of the Special Representa� ve.

The work of the Special Representa� ve has evolved in three phases. Refl ec� ng the mandate’s

origins in controversy, its ini� al dura� on was only two years and it was intended mainly to

“iden� fy and clarify” exis� ng standards and prac� ces. This defi ned the fi rst phase. In 2005, there

was li� le that counted as shared knowledge across diff erent stakeholder groups in the business

and human rights domain. Thus the Special Representa� ve began an extensive programme of

systema� c research that has con� nued to the present. Several thousand pages of documenta� on

are available on his web portal h� p://www.business-humanrights.org/SpecialRepPortal/Home)

mapping pa� erns of alleged human rights abuses by business enterprises; evolving standards

of interna� onal human rights law and interna� onal criminal law; emerging prac� ces by States

and companies; commentaries of United Na� ons treaty bodies on State obliga� ons concerning

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business-related human rights abuses; the impact of investment agreements and corporate law

and securi� es regula� on on both States’ and enterprises’ human rights policies; and related

subjects. This research has been ac� vely disseminated, including to the Council itself. It has

provided a broader and more solid factual basis for the ongoing business and human rights

discourse, and is refl ected in the Guiding Principles annexed to this report. In 2007, the Council

renewed the mandate of the Special Representa� ve for an addi� onal year, invi� ng him to submit

recommenda� ons. This marked the mandate’s second phase. The Special Representa� ve observed

that there were many ini� a� ves, public and private, which touched on business and human

rights. But none had reached suffi cient scale to truly move markets; they existed as separate

fragments that did not add up to a coherent or complementary system. One major reason has

been the lack of an authorita� ve focal point around which the expecta� ons and ac� ons of relevant

stakeholders could converge. Therefore, in June 2008 the Special Representa� ve made only one

recommenda� on: that the Council support the “Protect, Respect and Remedy” Framework he had

developed following three years of research and consulta� ons. The Council did so, unanimously

“welcoming” the Framework in its resolu� on 8/7 and providing, thereby, the authorita� ve focal

point that had been missing.

The Framework rests on three pillars:

• The fi rst is the State duty to protect against human rights abuses by third par� es, including

business enterprises, through appropriate policies, regula� on, and adjudica� on

• The second is 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.

• The third is the need for greater access by vic� ms to eff ec� ve remedy, both judicial and

non-judicial. Each pillar is an essen� al component in an inter-related and dynamic system

of preventa� ve and remedial measures: the State duty to protect because it lies at the

very core of the interna� onal human rights regime; the corporate responsibility to respect

because it is the basic expecta� on society has of business in rela� on to human rights; and

access to remedy because even the most concerted eff orts cannot prevent all abuse.

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EXCERPTS FROM UNITED NATIONS GUIDING PRINCIPLES

THE CORPORATE RESPONSIBILITY TO RESPECT

A. Founda� onal principles11. Business enterprises should respect human rights. This means that they should avoid

infringing on the human rights of others and should address adverse human rights impacts

with which they are involved.

12. The responsibility of business enterprises to respect human rights refers to interna� onally

recognized human rights – understood, at a minimum, as those expressed in the

Interna� onal Bill of Human Rights and the principles concerning fundamental rights set

out in the Interna� onal Labor Organiza� on’s Declara� on on Fundamental Principles and

Rights at Work.

13. The responsibility to respect human rights requires that business enterprises: (a) Avoid

causing or contribu� ng to adverse human rights impacts through their own ac� vi� es, and

address such impacts when they occur; (b) Seek to prevent or mi� gate adverse human

rights impacts that are directly linked to their opera� ons, products or services by their

business rela� onships, even if they have not contributed to those impacts.

14. The responsibility of business enterprises to respect human rights applies to all enterprises

regardless of their size, sector, opera� onal context, ownership and structure. Nevertheless,

the scale and complexity of the means through which enterprises meet that responsibility

may vary according to these factors and with the severity of the enterprise’s adverse

human rights impacts.

15. In order to meet their responsibility to respect human rights, business enterprises should

have in place policies and processes appropriate to their size and circumstances, including:

(a) A policy commitment to meet their responsibility to respect human rights; (b) A human

rights due-diligence process to iden� fy, prevent, mi� gate and account for how they address

their impacts on human rights; (c) Processes to enable the remedia� on of any adverse

human rights impacts they cause or to which they contribute.

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EXCERPTS FROM THE MCA NATIONAL VOLUNTARY GUIDELINES ON SOCIAL, ENVIRONMENTAL AND ECONOMICAL RESPONSIBILITIES OF BUSINESS

PRINCIPLE 5: BUISNESS SHOULD RESPECT AND PROMOTE HUMAN RIGHTS

Brief Descrip� on

The principle recognizes that human rights are the codifi ca� on and agreement of what it means to treat others with dignity and respect. Over the decades, these have evolved under the headings of civil, poli� cal, economic, cultural and social rights. This holis� c and widely agreed nature of human rights off ers a prac� cal and legi� mate framework for business leaders seeking to manage risks, seize business opportuni� es and compete in a responsible fashion. The principle imbibes its spirit from the Cons� tu� on of India, which through its provisions of Fundamental Rights and Direc� ve Principles of State Policy, enshrines the achievement of human rights for all its ci� zens.

In addi� on, the principle is in consonance with the Universal Declara� on of Human Rights, in the forma� on of which, India played an ac� ve role. The principle takes into account the “Corporate Responsibility to Respect Human Rights”, as referred in the United Na� ons “Protect, Respect, Remedy” Framework.

Core Elements

1. Businesses should understand the human rights content of the Cons� tu� on of India, na� onal laws and policies and the content of Interna� onal Bill of Human Rights. Businesses should appreciate that human rights are inherent, universal, indivisible and interdependent in nature.

2. Businesses should integrate respect for human rights in management systems, in par� cular through assessing and managing human rights impacts of opera� ons, and ensuring all individuals impacted by the business have access to grievance mechanisms.

3. Businesses should recognize and respect the human rights of all relevant stakeholders and groups within and beyond the workplace, including that of communi� es, consumers and vulnerable and marginalized groups.

4. Businesses should, within their sphere of infl uence, promote the awareness and realiza� on of human rights across their value chain.

5. Businesses should not be complicit with human rights abuses by a third party.

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UNITED NATIONS GLOBAL COMPACT TEN PRINCIPLES

• Businesses should support and respect the

protec� on of interna� onally proclaimed

human rights; and

• Make sure that they are not complicit in

human rights abuses.

• Businesses should uphold the freedom of

associa� on and the eff ec� ve recogni� on of the

right to collec� ve bargaining;

• The elimina� on of all forms of forced and

compulsory labour;

• The eff ec� ve aboli� on of child labour;

• The elimina� on of discrimina� on in respect of

employment and occupa� on.

• Businesses should support a precau� onary

approach to environmental challenges;

• Undertake ini� a� ves to promote greater

environmental responsibility;

• Encourage the development and diff usion of

environmentally friendly technologies

• Businesses should work against corrup� on in

all its forms, including extor� on and bribery.

HUMAN AND LABOUR RIGHTS

ENVIORNMENT AND ANTI-CORRUPTION –

CAN HAVE A PROFOUND EFFECT ON HUMAN

RIGHTS

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United Nations

All human beings are born with equal and inalienable rights and fundamental freedoms.

The United Na� ons is commi� ed to upholding, promo� ng and protec� ng the human rights of every individual. This commitment stems from the

United Na� ons Charter, which reaffi rms the faith of the peoples of the world in fundamental human rights and in the dignity and worth of the human person.

In the Universal Declara� on of Human Rights, the United Na� ons has stated in clear and simple terms the rights which belong equally to every person.

These rights belong to you.

They are your rights. Familiarize yourself with them.

Help to promote and defend them for yourself as well as for your fellow human beings.

Adopted and proclaimed by General Assembly resolu� on 217 A (III) of 10 December 1948

Preamble

Whereas recogni� on of the inherent dignity and of the equal and inalienable rights of all members of the human family is the founda� on of freedom, jus� ce and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspira� on of the common people,

Whereas it is essen� al, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essen� al to promote the devel-opment of friendly rela� ons between na� ons,

Whereas the peoples of the United Na� ons have in the Charter reaffi rmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social

progress and be� er standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in coopera� on with the United Na� ons, the promo� on of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realiza� on of this pledge,

Now, therefore,

The General Assembly

Proclaims this Universal Declara� on of Human Rights as a common standard

of achievement for all peoples and all na� ons, to the end that every individual and every organ of society, keeping this Declara� on constantly in mind, shall strive by teaching and educa� on to promote respect for these rights and freedoms and by progres- sive measures, na� onal and interna� onal, to secure their universal and eff ec� ve recogni� on and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdic� on.

Ar� cle 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Ar� cle 2

Everyone is en� tled to all the rights and freedoms set forth in this Declara� on, without dis� nc� on of any kind, such as race, colour, sex, language, religion, poli� cal or other opinion, na� onal or social origin, property, birth or other status. Furthermore, no dis� nc� on shall be made on the basis of the poli� cal, jurisdic� onal or interna� onal status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limita- � on of sovereignty.

Ar� cle 3

Everyone has the right to life, liberty and security of person.

Ar� cle 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohib- ited in all their forms.

Ar� cle 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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Ar� cle 6

Everyone has the right to recogni� on every- where as a person before the law.

� on of the law. All are en� tled to equal protec� on against any discrimina� on in viola� on of this Declara� on and against any incitement to such discrimina� on.

Ar� cle 8

Everyone has the right to an eff ec� ve remedy by the competent na� onal tribunals for acts viola� ng the fundamental rights granted him by the cons� tu� on or by law.

Ar� cle 9

No one shall be subjected to arbitrary arrest, deten� on or exile.

Ar� cle 10

Everyone is en� tled in full equality to a fair and public hearing by an independent and impar� al tribunal, in the determina� on of his rights and obliga� ons and of any criminal charge against him.

Ar� cle 11

(1) Everyone charged with a penal off ence has the right to be presumed innocent un� l proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal off ence on account of any act or omission

which did not cons� tute a penal off ence, under na� onal or interna� onal law, at the � me when it was commi� ed. Nor shall a heavier penalty be imposed than the one that was applicable at the � me the penal off ence was commi� ed.

Ar� cle 12

No one shall be subjected to arbitrary inter- ference with his privacy, family,

home or cor- respondence, nor to a� acks upon his honour and reputa� on. Everyone has the right to the protec� on of the law against such interfer- ence or a� acks.

Ar� cle 13

(1) Everyone has the right to freedom of movement and residence within the borders of each State.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Ar� cle 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecu� on.

(2) This right may not be invoked in the case of prosecu� ons genuinely arising from non-poli� cal crimes or from acts contrary to the purposes and principles of the United Na� ons.

Ar� cle 15

(1) Everyone has the right to a na� onality.

(2) No one shall be arbitrarily deprived of his na� onality nor denied the right to change his na� onality.

Ar� cle 16

(1) Men and women of full age, without any limita� on due to race, na� onality or religion, have the right to marry and to found a family. They are en� tled to equal rights as to marriage, during marriage and at its dissolu� on.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is en� tled to protec� on by society and the State.

Ar� cle 17

(1) Everyone has the right to own property alone as well as in associa� on with others.

(2) No one shall be arbitrarily deprived of his property.

Ar� cle 18

Everyone has the right to freedom of

thought, conscience and religion; this

right includes freedom to change his

religion or belief, and freedom, either

alone or in community with others and

in public or private, to manifest his

religion or belief in teaching, prac� ce,

wor- ship and observance.

to seek, receive and impart informa� on

and ideas through any media and

regardless of fron� ers.

Ar� cle 20

(1) Everyone has the right to freedom of

peaceful assembly and associa� on.

(2) No one may be compelled to belong

to an associa� on.

Ar� cle 21

(1) Everyone has the right to take part in

the government of his country, directly or

through freely chosen representa� ves.

(2) Everyone has the right to equal

access to public service in his country.

(3) The will of the people shall be the

basis of the authority of government;

this will shall be expressed in periodic

and genuine elec- � ons which shall be

by universal and equal suff rage and shall

be held by secret vote or by equivalent

free vo� ng procedures.

Ar� cle 22

Everyone, as a member of society, has

the right to social security and is en� tled

to realiza� on, through na� onal eff ort

and interna- � onal coopera� on and in

accordance with the organiza� on and

resources of each State, of the economic,

social and cultural rights indis- pensable

for his dignity and the free develop-

ment of his personality.

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Ar� cle 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable condi� ons of work and to protec� on against unemployment.

(2) Everyone, without any discrimina� on, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remunera� on ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protec� on.

(4) Everyone has the right to form and to join trade unions for the protec� on of his interests.

Ar� cle 24

Everyone has the right to rest and leisure, including reasonable limita� on of working hours and periodic holidays with pay.

Ar� cle 25

(1) Everyone has the right to a standard of living adequate for the health and well- being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are en� tled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protec� on.

Ar� cle 26

(1) Everyone has the right to educa� on. Edu- ca� on shall be free, at least in the elementary and fundamental stages. Elementary educa� on shall be compulsory. Technical and professional educa� on shall be made generally available and higher educa� on shall be equally accessible to all on the basis of merit.

(2) Educa� on shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all na� ons, racial or religious groups, and shall further the ac� vi� es of the United Na� ons for the maintenance of peace.

(3) Parents have a prior right to choose the kind of educa� on that shall be given to their children.

Ar� cle 27

(1) Everyone has the right freely to par� cipate in the cultural life of the community, to enjoy the arts and to share in scien� fi c advance- ment and its benefi ts.

(2) Everyone has the right to the protec� on of the moral and material interests resul� ng from any scien� fi c, literary or ar� s� c produc- � on of which he is the author.

Ar� cle 28Everyone is en� tled to a social and interna- � onal order in which the rights and freedoms set forth in this Declara� on can be fully realized.

Ar� cle 29(1) Everyone has du� es to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limita� ons as are determined by law solely for the purpose of securing due recogni� on and respect for the rights and freedoms of others and of mee� ng the just requirements of morality, public order and the general wel- fare in a democra� c society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Na� ons.

Ar� cle 30Nothing in this Declara� on may be interpreted as implying for any State, group or person any right to engage in any ac� vity or to perform any act aimed at the destruc� on of any of the rights and freedoms set forth herein.

United Na� ons Department of Public Informa� on

For more informa� on www.ohchr.org/english/issues/educa� on/training/

udhr.htm www.un.org/cyberschoolbus/humanrights/index.asp

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For more informa� on please contact Rubina Sen, Programme Coordinator, Global Compact Network

[email protected]

The 13th February 2012 opening event has kindly been sponsored by the Oil & Natural Gas Corpora� on (ONGC)