INCORPORATING BUSINESS & HUMAN RIGHTS IN THE PHILIPPINE LEGAL SYSTEM
Commissioner Karen S. Gomez-Dumpit
Workshop on Strategy of Human Rights in APEC 11-14 July 2019, Taiwan
[SLIDE 1 - Greetings]
Good morning / afternoon to everyone. Thank you for this kind invitation to speak before you today, and to share with you the work of the Commission on Human Rights of the Philippines in the area of Business and Human Rights (BHR). Since the adoption of the United Nations Guiding Principles on Business and Human Rights in 2011, the Commission immediately began to look for possible avenues to mainstream BHR in its Protection, Promotion, and Policy advisory mandates. Recognizing the nexus between business activities and human rights violations, the Commission identified BHR as part of its priority agenda for 20162022.
[SLIDE 2 - stiglitz Quote]
In 2013, economist Joseph Stiglitz in his keynote address to the UN World Forum on Business and Human Rights mentioned that " [w]hat each business does affects its workers, the community in which it operates, and in one way or another, society more broadly." Indeed, business activities intersect with human rights, with working conditions and other labor rights in the company as immediate concerns to be addressed. However, human rights concerns go beyond the walls of the company. Parts of a corporaHon's value chain may be involved in child labor, and the effects of its operations may affect the health and environment of the community. Thus, the recognition that activities business enterprises are linked to human rights violations is positive development in the realm of human rights and protection.
[SLIDE 3 - Outline of Presentation]
Today, I wish to cover three main points. I will begin with a brief overview of the state of the Business and Human Rights discourse in the Philippines. Then I will share with you the Commission's efforts to advance the BHR discourse in the country, including our efforts to look into and address the gender dimensions of issues relating to BHR. Finally, I wish to give my thoughts on the challenge we face in this front and how to move forward. Some of these points, I hope, may be helpful in your respective contexts.
[SLIDE 4 - BHR Discourse in the PHL]
Prior to 2016, different stakeholders already began to lay down the foundations to promote the business and human rights discourse in the Philippines. In 2014, the European Chamber of Commerce in the Philippines, together with the Commission and other partners hosted a forum to introduce the UN Guiding Principles to the private sector. It served as a venue "for stakeholders to engage in dialogue on business and human rights, and to strengthen engagement towards the effective implementation of the Guiding Principles." 1 In the same year, the Commission in collaboration with the Presidential Human Rights Committee organized an Executive Forum on BHR, attended by key government institutions, the business sector, and civil society, specifically those involved in regulating businesses and industries. The forum discussed how the UNGP can be operationalized, and identified possible areas for cooperation to mainstream BHR.
Unfortunately, after the 2016 national elections, human rights, much less, BHR, was sidelined. The initial efforts to begin the process of creating a National Action Plan (NAP) was halted, as the human rights movement needed to face seemingly more urgent human rights concerns and issues. Nevertheless, we still have partner civil society organizations who, up to today, continue to engage the business sector and also work toward the creation of a NAP.
The Commission on Human Rights, as a National Human Rights Institution has been mainstreaming BHR in its work since the adoption of the UN Guiding Principles. Today, we continue to study how these principles may be mainstreamed in our Protection, Promotion, and Policy advisory mandates.
[SLIDE 5 - CHR Efforts - Protection]
The adoption of the UNGP contributed to strengthening the Commission's investigative monitoring work in the area of economic, social, and cultural rights by providing a framework of analysis that includes the business sector in the equation. The Commission cited the principles is in its report concerning the threats and harassment in Didipio in Nueva Vizcaya, as well as its reports on the rights to housing and to water. With subsequent training on the principles, the Commission's regional offices are now able to refer to the principles more often in doing human rights promotion and policy work.
In 2015, Greenpeace Southeast Asia, disaster survivors, and community organizations from the Philippines submitted a complaint to the Commission
(CHR) against 47 large fossil fuel and cement companies over their role in "humaninduced climate change" that "interferes with the enjoyment of Filipinos' fundamental rights." The CHR took cognizance of the case and sent the petition to the oil, coal, mining and cement companies, and asked them to respond to the allegations. [1] The Commission utilizes the UNGP as a framework in the conduct of investigation and community dialogues relating to this case, specifically looking into Pillar Two of the Guiding Principles relating to the corporate responsibility to respect human rights.
[SLIDE 6 - CHR Efforts - Promotion]
In 2015-2016, the Commission arrived adopted a Ovo-year Action Plan on Business and Human Rights that focused on its primary mandates — human rights policy advisory, promotion, and protection. Among the notable action points included the proposal to incorporate BHR in the amendment of the Corporation Code, popularization of BHR through multi-stakeholder engagement, and provision of legal services to victims of corporate abuses.
The CHR also revitalized its Technical Working Group on Business and Human Rights to support the implementation of the CHR's Road Map on BHR particularly the engagement with government in the formulation of the National Action Plan on BHR.
[SLIDE 7 - CHR Efforts - Policy]
In 2016, the Commission convened government and CSOs in a forum to discuss the possibility of a NAP. Apart from discussing best practices from other countries in the adoption of a NAP, the workshop participants were able to discuss about strengthening regulatory operations of the business sector along human rights principles. The workshop was able to identify key government agencies whose functions directly relate to BHR and noted that the idenüfication of key industries that adversely affect human right is an imperative before drafting a NAP. The participants likewise recognized the important role of government, the business sector, and civil society in this process.
Last year, the Commission submitted a position paper to Congress, which was then in the process of amending the CorporaHon Code of the Philippines. The CHR advocated for the incorporation of the UNGP into the Code. Among other, the Commission proposed the inclusion of provisions that would highlight the second pillar of the UNGP, the "do no harm" principle, and human rights due diligence. Unfortunately, the Commission's proposal and recommendations were not adopted but good corporate governance principles are among the adopted amendments.
[SLIDE 8 — Integrating Gender in CHR's BY-IR Initiatives]
The CHR also has targeted efforts to address the gender dimensions of business and human rights. The Commission held a workshop on BHR and unpaid care work highlighted the following issues that affect women's rights:
The Policy Advisory Office of the CHR also issued a position paper on the proposed measures defining street, public places and online sexual harassment, providing protective measures and prescribing penalties. The Commission recommended that the definition of gender be comprehensive to include members of the LGBTQ community and persons with diverse sexual orientation, gender identity and expression. This recommendation found its way into the final version of the bill. The Safe Spaces Law lapsed into law in May 2019 and is seen as a major push-back against the prevailing culture of misogyny in the country.
The Commission likewise continues to conduct monitoring, fora, workshops and consultations involving the most marginalized of women. An assessment of the human rights impacts of development projects, natural disasters and climate change revealed increased incidences violence and unreported abuses among women and girl children, lack or denial of access to social services and exclusion in government programs and projects, and non—recognition of their cultural needs.
[SLIDE 9 - CHR's Role in the BHR Discourse]
The Commission on Human Rights, as a National Human Rights Institution, is strategically placed to advance the BHR discourse. Its ability to engage with a broad range of stakeholders — government, business, civil society — make it a key player in popularizing the UN Guiding Principles and promoting a culture of human rights in business operations and regulations. The Commission's continuous monitoring activities and documentation of the human rights situation of sectors and communities affected by business activities are also important to surface priority issues that need to be addressed.
The CHR commits to continue to facilitate the creation of a NAP on business and human rights, adopting a three-fold approach:
[SLIDE 10 — Challenges and Ways Forward]
As I end this presentation, allow me to share a few thoughts on what may be done to push the business and human rights agenda forward.
We must continue to lobby for the government to commit to adopting measures and policies that relate to BHR. Government commitment to human rights definitely benefits the people, especially those at the fringes of society. The initiatives of the Commission, especially those relating to human rights protection, promotion, and policy advisory, may be good starting points in determining the gaps and priority areas that need to be addressed. For instance, the data generated from human rights monitoring activities may be used to guide lawmaking, ensuring that problems experienced by people on the ground are addressed squarely.
There is a need to streamline and coordinate BHR efforts of different stakeholders. This not only maximizes limited resources, but also consolidates seemingly faint voices to a strong and loud one. The BHR discourse must also be broadened. The same cannot be limited to human rights organizations or to government, the business sector and the workers and communities who stand to be affected must be included in the conversation. Not only must their voices be heard, they must be in this BHR project.
Finally, we must work toward changing the paradigm of the business sector as regards social programs. Corporations must go beyond corporate social responsibility and think of how they can positively contribute to the lives of its employees who are at the heart of their business, to the lives of those who find themselves in the corporation's value chain, and to the lives of real people in the bigger society — from its immediate community to its consumers. But we have to take it a step further by going beyond the thinking that corporate responsibility is for the business — good PR that franslates to more investment and consequently, higher profits.
[SLIDE 11 - Stiglitz Quote]
As Joseph SHglitz stated, "[t]he reason that businesses should embrace corporate responsibility is not selfish self-interest, but because it is the right thing to do." [2]
It has been my pleasure to speak before all of you today. My gratitude and heartfelt congratulations go to the organizers of this workshop - the Chang Fo-chuan Center for the Study of Human Rights, the Foundation for Women's Rights Promotion and Development, Mahidol University's InsHtute of Human Rights and Peace Studies, and Osaka City University's Research Center for Human Rights. Thank you for putting together this very timely and relevant event.
[1] https://www.business-humanrights.org/en/philippines-commission-on-human-rights-investigatipn-of-47fossil-fuel-companies-contribution-to-climate-human-rights-impacts
[2] https://www.ohchr.org/Documents/Issues/Business/ForumSession2/Statements/JosephStiglitz.doc
Commissioner Karen S. Gomez-Dumpit
Workshop on Strategy of Human Rights in APEC 11-14 July 2019, Taiwan
[SLIDE 1 - Greetings]
Good morning / afternoon to everyone. Thank you for this kind invitation to speak before you today, and to share with you the work of the Commission on Human Rights of the Philippines in the area of Business and Human Rights (BHR). Since the adoption of the United Nations Guiding Principles on Business and Human Rights in 2011, the Commission immediately began to look for possible avenues to mainstream BHR in its Protection, Promotion, and Policy advisory mandates. Recognizing the nexus between business activities and human rights violations, the Commission identified BHR as part of its priority agenda for 20162022.
[SLIDE 2 - stiglitz Quote]
In 2013, economist Joseph Stiglitz in his keynote address to the UN World Forum on Business and Human Rights mentioned that " [w]hat each business does affects its workers, the community in which it operates, and in one way or another, society more broadly." Indeed, business activities intersect with human rights, with working conditions and other labor rights in the company as immediate concerns to be addressed. However, human rights concerns go beyond the walls of the company. Parts of a corporaHon's value chain may be involved in child labor, and the effects of its operations may affect the health and environment of the community. Thus, the recognition that activities business enterprises are linked to human rights violations is positive development in the realm of human rights and protection.
[SLIDE 3 - Outline of Presentation]
Today, I wish to cover three main points. I will begin with a brief overview of the state of the Business and Human Rights discourse in the Philippines. Then I will share with you the Commission's efforts to advance the BHR discourse in the country, including our efforts to look into and address the gender dimensions of issues relating to BHR. Finally, I wish to give my thoughts on the challenge we face in this front and how to move forward. Some of these points, I hope, may be helpful in your respective contexts.
[SLIDE 4 - BHR Discourse in the PHL]
Prior to 2016, different stakeholders already began to lay down the foundations to promote the business and human rights discourse in the Philippines. In 2014, the European Chamber of Commerce in the Philippines, together with the Commission and other partners hosted a forum to introduce the UN Guiding Principles to the private sector. It served as a venue "for stakeholders to engage in dialogue on business and human rights, and to strengthen engagement towards the effective implementation of the Guiding Principles." 1 In the same year, the Commission in collaboration with the Presidential Human Rights Committee organized an Executive Forum on BHR, attended by key government institutions, the business sector, and civil society, specifically those involved in regulating businesses and industries. The forum discussed how the UNGP can be operationalized, and identified possible areas for cooperation to mainstream BHR.
Unfortunately, after the 2016 national elections, human rights, much less, BHR, was sidelined. The initial efforts to begin the process of creating a National Action Plan (NAP) was halted, as the human rights movement needed to face seemingly more urgent human rights concerns and issues. Nevertheless, we still have partner civil society organizations who, up to today, continue to engage the business sector and also work toward the creation of a NAP.
The Commission on Human Rights, as a National Human Rights Institution has been mainstreaming BHR in its work since the adoption of the UN Guiding Principles. Today, we continue to study how these principles may be mainstreamed in our Protection, Promotion, and Policy advisory mandates.
[SLIDE 5 - CHR Efforts - Protection]
The adoption of the UNGP contributed to strengthening the Commission's investigative monitoring work in the area of economic, social, and cultural rights by providing a framework of analysis that includes the business sector in the equation. The Commission cited the principles is in its report concerning the threats and harassment in Didipio in Nueva Vizcaya, as well as its reports on the rights to housing and to water. With subsequent training on the principles, the Commission's regional offices are now able to refer to the principles more often in doing human rights promotion and policy work.
In 2015, Greenpeace Southeast Asia, disaster survivors, and community organizations from the Philippines submitted a complaint to the Commission
(CHR) against 47 large fossil fuel and cement companies over their role in "humaninduced climate change" that "interferes with the enjoyment of Filipinos' fundamental rights." The CHR took cognizance of the case and sent the petition to the oil, coal, mining and cement companies, and asked them to respond to the allegations. [1] The Commission utilizes the UNGP as a framework in the conduct of investigation and community dialogues relating to this case, specifically looking into Pillar Two of the Guiding Principles relating to the corporate responsibility to respect human rights.
[SLIDE 6 - CHR Efforts - Promotion]
In 2015-2016, the Commission arrived adopted a Ovo-year Action Plan on Business and Human Rights that focused on its primary mandates — human rights policy advisory, promotion, and protection. Among the notable action points included the proposal to incorporate BHR in the amendment of the Corporation Code, popularization of BHR through multi-stakeholder engagement, and provision of legal services to victims of corporate abuses.
The CHR also revitalized its Technical Working Group on Business and Human Rights to support the implementation of the CHR's Road Map on BHR particularly the engagement with government in the formulation of the National Action Plan on BHR.
[SLIDE 7 - CHR Efforts - Policy]
In 2016, the Commission convened government and CSOs in a forum to discuss the possibility of a NAP. Apart from discussing best practices from other countries in the adoption of a NAP, the workshop participants were able to discuss about strengthening regulatory operations of the business sector along human rights principles. The workshop was able to identify key government agencies whose functions directly relate to BHR and noted that the idenüfication of key industries that adversely affect human right is an imperative before drafting a NAP. The participants likewise recognized the important role of government, the business sector, and civil society in this process.
Last year, the Commission submitted a position paper to Congress, which was then in the process of amending the CorporaHon Code of the Philippines. The CHR advocated for the incorporation of the UNGP into the Code. Among other, the Commission proposed the inclusion of provisions that would highlight the second pillar of the UNGP, the "do no harm" principle, and human rights due diligence. Unfortunately, the Commission's proposal and recommendations were not adopted but good corporate governance principles are among the adopted amendments.
[SLIDE 8 — Integrating Gender in CHR's BY-IR Initiatives]
The CHR also has targeted efforts to address the gender dimensions of business and human rights. The Commission held a workshop on BHR and unpaid care work highlighted the following issues that affect women's rights:
- Privafization of lands and conversion to development industries that leave women and their communities insecure in terms of access to adequate food, nutrition, water, and sanitafion;
- Scarcity of lands and other natural resources;
- Pollution caused by nuning and irresponsible business pracfices that result to diseases, such as asthma, skin diseases, and diarrhea;
- The establishment of businesses in the country side displace rural women and their communities, including indigenous communities. Those who fight for their right to their ancestral domains are harassed, threatened, become missing, or are killed;
- The influx of business in rural areas have resulted to an increase in the incidences of prostitution, particularly among young women.
The Policy Advisory Office of the CHR also issued a position paper on the proposed measures defining street, public places and online sexual harassment, providing protective measures and prescribing penalties. The Commission recommended that the definition of gender be comprehensive to include members of the LGBTQ community and persons with diverse sexual orientation, gender identity and expression. This recommendation found its way into the final version of the bill. The Safe Spaces Law lapsed into law in May 2019 and is seen as a major push-back against the prevailing culture of misogyny in the country.
The Commission likewise continues to conduct monitoring, fora, workshops and consultations involving the most marginalized of women. An assessment of the human rights impacts of development projects, natural disasters and climate change revealed increased incidences violence and unreported abuses among women and girl children, lack or denial of access to social services and exclusion in government programs and projects, and non—recognition of their cultural needs.
[SLIDE 9 - CHR's Role in the BHR Discourse]
The Commission on Human Rights, as a National Human Rights Institution, is strategically placed to advance the BHR discourse. Its ability to engage with a broad range of stakeholders — government, business, civil society — make it a key player in popularizing the UN Guiding Principles and promoting a culture of human rights in business operations and regulations. The Commission's continuous monitoring activities and documentation of the human rights situation of sectors and communities affected by business activities are also important to surface priority issues that need to be addressed.
The CHR commits to continue to facilitate the creation of a NAP on business and human rights, adopting a three-fold approach:
- We seek to guide and support to the Philippine Government to identify whether relevant laws are aligned with our human rights obligations and are being effectively enforced, and in providing guidance on human rights to business enterprises and other non-State actors.
- We aim to inform and provide information and advice on how corporations operate their businesses, with due regard to the potenüal human rights risk and on how to re-mediate any harm done to rights holders ensuring full accountability.
- We want to assist victims of corporate abuses or victims of human rights violations by the State or its agencies in seeking appropriate judicial or nonjudicial remedies.
[SLIDE 10 — Challenges and Ways Forward]
As I end this presentation, allow me to share a few thoughts on what may be done to push the business and human rights agenda forward.
We must continue to lobby for the government to commit to adopting measures and policies that relate to BHR. Government commitment to human rights definitely benefits the people, especially those at the fringes of society. The initiatives of the Commission, especially those relating to human rights protection, promotion, and policy advisory, may be good starting points in determining the gaps and priority areas that need to be addressed. For instance, the data generated from human rights monitoring activities may be used to guide lawmaking, ensuring that problems experienced by people on the ground are addressed squarely.
There is a need to streamline and coordinate BHR efforts of different stakeholders. This not only maximizes limited resources, but also consolidates seemingly faint voices to a strong and loud one. The BHR discourse must also be broadened. The same cannot be limited to human rights organizations or to government, the business sector and the workers and communities who stand to be affected must be included in the conversation. Not only must their voices be heard, they must be in this BHR project.
Finally, we must work toward changing the paradigm of the business sector as regards social programs. Corporations must go beyond corporate social responsibility and think of how they can positively contribute to the lives of its employees who are at the heart of their business, to the lives of those who find themselves in the corporation's value chain, and to the lives of real people in the bigger society — from its immediate community to its consumers. But we have to take it a step further by going beyond the thinking that corporate responsibility is for the business — good PR that franslates to more investment and consequently, higher profits.
[SLIDE 11 - Stiglitz Quote]
As Joseph SHglitz stated, "[t]he reason that businesses should embrace corporate responsibility is not selfish self-interest, but because it is the right thing to do." [2]
It has been my pleasure to speak before all of you today. My gratitude and heartfelt congratulations go to the organizers of this workshop - the Chang Fo-chuan Center for the Study of Human Rights, the Foundation for Women's Rights Promotion and Development, Mahidol University's InsHtute of Human Rights and Peace Studies, and Osaka City University's Research Center for Human Rights. Thank you for putting together this very timely and relevant event.
[1] https://www.business-humanrights.org/en/philippines-commission-on-human-rights-investigatipn-of-47fossil-fuel-companies-contribution-to-climate-human-rights-impacts
[2] https://www.ohchr.org/Documents/Issues/Business/ForumSession2/Statements/JosephStiglitz.doc