Victor Ricco | CEDHA

In October, Yahoo!’s BHRP had the honor of participating in the United Nation’s Office of the High Commissioner for Human Rights’ consultation on business and human rights in Geneva.  The consultation was presented by Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises,  John Ruggie, and chaired by the Ambassadors of Norway and Nigeria. More than 300 representatives from UN member states, human rights organizations, civil society, academia and business attended.

The Special Representative has the monumental task of defining the responsibilities companies should have in protecting human rights around the world. He began by creating a policy framework based on three principles:

1. The State duty to protect against human rights abuses by third parties, including business;
2. The corporate responsibility to respect human rights; and
3. The need for greater access by victims to effective remedies.

The Special Representative will complete his mandate by translating the policy framework into specific actions that companies and nations should take to protect human rights, and the consultation was an opportunity for people and organizations to give their ideas and views about what the final product should include.

To learn more about the policy framework, go to:  http://www2.ohchr.org/english/issues/trans_corporations/index.htm

I had the privilege of representing Yahoo! on a panel about the second principle, the corporate responsibility to respect human rights. I was asked to discuss the dilemmas companies like Yahoo! face when certain aspects of local laws, or their implementation, may conflict with international human rights norms, and to give recommendations on what the Special Representative should consider when developing specific guidelines for companies.

I talked about the power of technology and how access to the Internet is often even more important in countries that restrict free expression. I talked about the difficult choices companies face and how requiring information and technology companies to refrain from offering products and services in countries that restrict free expression can actually punish the citizens in those countries who rely on technology to communicate and connect with the outside world. I also asked the Special Representative to consider how the framework can show support for solutions like the GNI that draw upon the combined wisdom of companies, non-profits, academics, users and others.

To read the full text of my remarks, see here.

I learned a great deal from my co-panelists, including human rights giants like Jody Kollapen (former Chair of the South Africa Human Rights Commission, who represented Stephen Biko and who helped create the South African Truth and Reconciliation Commission), Auret van Heerden (President and CEO of the Fair Labor Association and former exile from the apartheid-era South African government) and Salvador Quishpe, who represented the indigenous Saraguro community of Ecuador. I’m honored to have represented Yahoo!, and the BHRP looks forward to learning more about the progress of the Special Representative’s mandate, and to future conversations with these and other stakeholders.