ICT Sector Guide on Implementing the UN Guiding Principles on ...

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ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights

Background and acknowledgements in October 2011.

employment and recruitment agencies, information and oil and gas

communications technologies (“ICT”)

would like to thank:

t

and .

3 PART 1

PART 2

PART 3

for Human Rights

1

III Integrating and Acting

42

V Communicating Performance

65

PART 4

2

international norms in order to ensure its contribution to social and economic

Antonio Tajani

Part 1

1 Background to the UN Guiding Principles

, UN state duty to protect

the , and the ISO

. It builds on the

human rights risks,

unable to meet their own human rights obligations, this makes it more challenging

1

Scope of the Guide Part 2

Human rights content:

including

their Companies of all sizes:

Audience of the Guide

Structure of the Guide

and

1

Part 2

Human Rights

Human Rights and Human Rights Impacts in the ICT Sector

2 more on this, see

). (See

and Stockholm Internet Forum (see Practices) and the “Freedom Online coalition.

Understanding the ICT Sector in this Guide

the sector: ICT Sector Segment

Description

2 wholesale):

as switches and routers) telecommunications

Protecting Human Rights in the Digital Age.

Responding to the fast pace of change:

International ).

2

rights.

human rights due diligence to meet the increased challenges, as will be discussed in

Business Relationships

10

2

.

11

Consumers and Users

Local Communities

Potentially Groups…

Sourcing/ Value Chain

Need to scan for abuse or threaten – Right to Life, Liberty and Security of the Person

2

issues

causes land/water contamination,

labour and threats

– Children’s rights, including Freedom from Child Labour

- Freedom from all forms of Forced or Compulsory Labour, Right to Life, Liberty and Security of the Person

- Right to the Highest Attainable Standard of Health, Right to an Adequate Standard of Living

management inhibits

and recruitment area changes its women workers to

water resources that relies on leading to

bargaining – Right to Form and Join Trade Unions, Right to Collective Bargaining

content or allows – Right to Life, Liberty and Security of the Person, Women’s rights

that is not in line with international human rights law – Right to Privacy, Freedom of Expression

– Right to Highest Attainable Standard of Health, Right to Adequate Standard of Living

leading to bonded labour – Rights of migrant workers, including Freedom from all forms of Forced or Compulsory Labour

Component and base stations are constructed on and training, leading their school /college – Right to Just and Favourable Conditions of Work, Freedom from all forms of Forced or Compulsory Labour

at the national heritage belonging to

health – Right to Highest Attainable Standard of Health

are not in line with international human rights law (e.g., to

– Right to Privacy, Freedom of Expression, Freedom of Assembly

consultation with local communities and

– Right to an Adequate Standard of Living

their sacred sites – Rights of Indigenous Peoples, including to Self-Determination and Cultural Property Rights

Need to scan for license agreement hours under conditions

consume large

issues

against disabled workers in hiring

to install network Right to Highest Attainable Standard of Health, Right to Just and Favourable Conditions of Work

to collect and share

use large amounts

are not in line with international human rights law (e.g., to

Right to Highest Attainable Standard of Health, Right to Safe Drinking Water and Sanitation

human rights Right to Privacy, Freedom of Expression, and if physical harm ensues, potentially other rights such as Freedom from Torture and Cruel, Inhuman or Degrading Treatment

12

to make reasonable accommodations in Rights of persons with disabilities, NonDiscrimination

Consumers and Users

Local Communities

Potentially Groups…

Need to scan for ground are threatened access

issues that is not illegal because it does not telecommunications network during an

status and associated

resist because the

national law – Right to Just and Favourable Conditions of Work

or not in line with international human rights law – Right to Life, Liberty and Security of the Person

– Right to Privacy, Freedom of Expression

Design and

– Non-Discrimination, Rights to Life, Liberty and Security of the Person

Need to scan for breaches or to design trade union – Right to Form and Join Trade Unions

issues

results in human being targeted with

targeting, children leads to children being

use – Right to Privacy, Freedom of Expression

– Children’s rights, including Right to Privacy

– Right to Just and Favourable Conditions of Work

2

Part 3

into Practice

Human Rights into Practice A human rights policy commitment: the

Policy Commitment

that commitment into the See Section I) Human rights due diligence:

Communicating Performance

Assessing Section II) Integrating

Tracking Performance

Assessing Impacts

and acting to

Integrating and Acting on Potential Impacts

Section III) Tracking )

Remediating Actual Impacts

Communicating (See ) Remediation:

contributed to. (See

)

Understanding Human Rights Due Diligence

Human rights due diligence should start at the earliest

human rights.

I

Commitment and

I

A B C

Communicating the Policy Commitment

D Applying the Commitment to Business Relationships

Resources on “Internationally Recognised Human Rights”:

I A

Policy Commitment

as including, at a minimum:

all Social and Cultural Rights) and rights set out in the International Declaration on which address:

child labour, and

in

I

embed

women, children, racial or ethnic minorities),

stakeholders, such as:

telecommunications , the

Identifying leading human rights risks:

For all companies:

Operating in challenging contexts:

below.

I B

Commitment

I

Example: Developing a Global Framework Agreement One telecommunications

.

stakeholders:

I national human rights institution,

Communicating the Policy Commitment

I C

20

Clear and consistent

Example: Communicating about Privacy

user can click and drag the cursor along the

Choosing appropriate methods:

will or will not take (e.g., remembering

I

21

Choosing appropriate “language”:

I D

Policy Commitment

need to be consistent with it.

I

and culture.

22

Example: Raising Awareness of the Risks Facing Student and Trainee Workers

to combat this risk including: ensuring

Section

One

has instituted

I

challenging scenarios.

I

Applying the Commitment to Business Relationships

Getting it right from the start:

I

clear guidance, including on:

For more on these issues, see

.

Read

I

Questions to Ask

I-A

I-B

Developing the Policy Commitment

I-C

Communicating the Policy Commitment

I-D

Aligning Internally with the Policy Commitment

I-E

Applying the Commitment to Business Relationships

I

II

Assessing Human

II A B C D

Building a Systematic Approach to Assessment

II A

Building a Systematic Approach to Assessment

On-going assessment:

II

more on this, see

below.

Stand-alone or integrated processes:

the assessment should: > >

II >

> ).

For component manufacturers,

Resources on Country-level Risk:

II B

Understanding your Operating Context

Risk Assessment Portal forthcoming Human Rights Resource Centre,

ILO human rights.

Human Annual Human

Indicators Impacts on freedom of expression: Freedom House

Assessing contextual risks:

Impacts on children:

II

human rights.

Section below.

this, see ICRC, Business and International Humanitarian Law: An Introduction

Example: Assessing Country and Product Risk

Humanitarian Law.) Operating in high-risk contexts:

detailed human rights due diligence is

about whether or not to engage in the sale

an annual basis.

(see

below).

II

Contact Point Institution

National Human Rights

II C

Relationships

II human rights risks.

Resources on “Dual Use”:

Dual Use Strategic

Best ).

human rights.

II through the

including:

)

Example: Managing Risks in the Sales Process

human rights record. In contracts with

Resources on “Know Your Customer” Approaches in the ICT Sector: and Human

II

Assessing risks arising from supply chain relationships: In assessing risks,

, gold Prioritising relationships for assessment: minerals did not originate in designated

brings to supply chain impacts:

II is also

minerals seeks to

.

resources on this.

.

II

II D Resources: Matrix to Stimulate Internal Discussion of Potential Impacts:

National Human Rights Institution,

II II

Resources on Stakeholder Engagement: Researcher Associates,

how their concerns were taken into account. IFC,

Stakeholder resources and tools)

Example: Consulting with

II

who had been arrested and to other local

mutual understanding.

being consulted.

Resources: Vulnerable or Marginalised Groups

international human rights instruments that

Racial/ethnic groups Discrimination

Children: the Child

Indigenous peoples:

II

1

and

Recognising that conducting stakeholder consultation is a skill: Conducting

human rights impacts, using the matrix

II

Questions to Ask

II-A

Building a Systematic Approach to Assessment

II-B

Understanding your Operating Context

II-C

Reviewing Business Relationships

II-D

II-E

Drawing on Expertise

II

III

III

Integrating and Acting

A B

Building a Systematic Approach to Integrating and Acting Prioritising Impacts for Action

C D Acting in High-Risk Contexts

III A to

Building a Systematic Approach Integrating and Acting

Resources on Privacy:

Commissioner and

Rethinking Personal Data

Example: Privacy by Design

be sustainable.

which IP address.

III >

>

As noted

Resources on “Intermediary Liability”:

communication and transactions between commercial in nature, and include Internet

, Resources on this issue include:

Internet Intermediaries and

information or content:

a basis in national law) and be in line with international human rights law,

III that are legal under domestic law but are not in line with international

Resources on Responding to Government and Other Requests: and

in line with international human rights law and/or seeking assistance

III

S

below.

and

III B

Prioritising Impacts for Action

Focusing on the risk to human rights:

III

based on their: Scale:

Scope:

(a)

below.

Severity

Figure 2: Human Rights Risk Likelihood

within

III C III

causing

mitigate the remaining risk.

on its part:

human rights.

discussed in

III

> > >

below.

Resources on Protections for Migrant and Agency Workers: and and recruitment agencies or ethnic minorities, workers with disabilities, migrant or other workers (and

domestic workers > are included in bargaining agreements, and is at least the legal minimum wage

>

Resources on Child Safety Online: includes

>

the Children, s

Children are

III . Child safety online:

should draw on, including: >

challenges and strategies

>

>

>

>

> >

>

III D

III

in Business Relationships

Example: Collaborating to Generate Leverage in Response to Problematic Government Demands

III

rights.

Resources on Collaborative Action to Address Supply Chain Challenges:

> >

> at addressing working conditions and

>

in Indonesia trade unions and global brands. It can collaborate in setting standards that

component manufacturers

III

III

Acting in High-Risk Contexts

address these heightened risks.

Examples: Working with Governments to Address Violent Situations

III

with international human rights law, see

Preparing for dilemma situations:

In addition to the guidance in

III

more on remediation, see

below.

to consider:

III

Questions to Ask

III-A

Building a Systematic Approach to Integrating and Acting

III-B

Prioritising Impacts for Action

III-C

Identifying Options to Prevent or Mitigate Potential Impacts

III-D

Creating and Using Leverage in Business Relationships

III-E

Acting in High-Risk Contexts

III

IV

A

Building a Systematic Approach to Tracking

B C D

Tracking through Business Relationships

Example: Tracking Performance on Privacy

IV A

Building a Systematic Approach to Tracking

One telecommunications

other issues.

being tracked against its leading human rights risks to see whether and

stakeholders (see

below).

Example: Anonymity and Children One

Anonymity and tracking:

well as what action has been taken (e.g.,

user can be located using their IP address). and others. Some

outcomes (such as a child in danger being

meet these criteria, as discussed in

on a regular basis. Communicating raises additional legal and human rights below. Conducting root cause analysis:

those concerned.

IV B

Sources of inspiration for indicators:

Resources on Indicators:

Fair Labor Association, and

and

is correct. Balancing outcome-focused and process-focused indicators:

Indicators for training:

months later.

IV C

Incorporating

would otherwise miss.

and

.)

IV D

Tracking through Business Relationships

The role of contracts:

Example: Engaging in In-depth Analysis of Suppliers’ Performance and auditing suppliers

going basis.

Questions to Ask

IV-A

Building a Systematic Approach to Tracking

IV-B

Developing Indicators

IV-C

Incorporating Stakeholder Perspectives

IV-D

Tracking through Business Relationships

V

Communicating

address them.

A B C

Building a Systematic Approach to Communicating

Example: Supplier Disclosure Lists One

V A

Building a Systematic Approach to Communicating

discloses an

Adopting consistent approaches to communication:

disclosure, including:

> > >

all three.

V B

Some

Fitting form to purpose:

telecommunications companies

V C

Formal Reporting

The case for formal reporting:

Resources on Formal Reporting:

The form of formal reporting:

include:

gold

In the US, the

elaborating Section

Example: Reporting on Government and Copyright Holder Requests to Take Down Content and Government Requests to Share Personal Information One

includes

their decisions.

Reporting www.

Foundation.

and

include:

might include:

Questions to Ask

V-A

Building a Systematic Approach to Communicating

V-B

Deciding Who Communicates What, to Whom and How

V-C

Considering and Improving Formal Reporting

VI

Remediation and

A B C

Building a Systematic Approach to Remediation

VI A

S

(a)

Building a Systematic Approach to Remediation

below).

The rationale for a systematic approach to remediation:

Section II) channels, such as:

VI B

National Human Rights Institution National Contact Point

organisations.

Example: Supporting Suppliers’ Development of Grievance Systems One

use it.

).

VI C

continuous learning.

Building on existing company mechanisms:

It can be challenging to build

addressing them.

mechanism.

Operational-Level Grievance Mechanisms:

(a) Legitimate:

(b)

being known to all stakeholder

(c)

(d)

seeking to ensure that

(e) Transparent:

the state. ensuring that outcomes and remedies accord with (g) A source of continuous learning: drawing

(h) Based on engagement and dialogue: whose use it is intended on its design dialogue as the means to address and to the

conducted while the

Resources: Designing OperationalLevel Grievance Mechanisms

Access, For general information about non-judicial dispute resolution, see: ACCESS Facility

Example: Collaborative Approaches to Addressing Worker Grievances

incidents, and a general reduction in the

human rights challenges.

the decision,

it could:

Questions to Ask

VI-A

Building a Systematic Approach to Remediation

VI-B

Mapping and Working with External Remediation Mechanisms

VI-C

Annexes

International and Regional Human Rights Standards and Instruments Instruments Setting Out Internationally-Recognised Human Rights

Regional Human Rights Standards

UN Guiding Principles and Implementation UN:

Rights: www.ohchr.org/Documents/Publications/

Information Resources on Business and Human Rights Business and Human Rights Resource Centre: ILO: www.ilo.org/business

Personal Data:

:

BSR:

www.

www2.ohchr.org/english/

www.ohchr.org/Documents/

www.humanrightsbusiness.

Human Rights and Business Dilemmas Forum:

business.html csr/12.htm

Country Risk Analysis

www.humanrightsbusiness.

stakeholder.html

h

www.edri.

h ILO

recruitment agencies:

www2. ohchr.org/english/law/cmw.htm

Further resources for ICT companies

www.gbcat.org

Child Safety Online

Operating in High-Risk Areas

and

and

Reports

:

www.ohchr.org/Documents/Issues/

www.unhcr.org/

Institutions/Organisations

National Human Rights Institutions:

.

Actual human rights impact

Assessing human rights impacts

Business relationships

Cloud computing

Communicating human rights performance

Complicity

Dual use

Fixed line

Host state

Human rights defenders on this issue. Human rights due diligence

Human rights policy commitment

Human rights risks

Integration

Intellectual property

Internationally recognised human rights

Internet Protocol and Internet Protocol (“IP”) Address

Leading human rights risks

Legitimate Trade Unions

his or her human rights.

a network. Potential human rights impact

Remediation/remedy

International

Stakeholder engagement/consultation

State duty to protect

Semiconductors

installation. Throttle

Tracking human rights performance

Uniform Resource Locator or “URL”

Value chain

networking.