Note from Special Representative John Ruggie: "The papers in this section will help inform the Special Representative's ongoing work, and may also serve as a resource for business and human rights practitioners and observers. These papers do not necessarily reflect the views of the Special Representative."
1. Briefing Papers
These are research reports prepared by and for the Special Representative's team, examining in some depth various matters related to the mandate.
"Corporations and Human Rights: A Survey of the Scope and Patterns of Alleged Corporate-Related Human Rights Abuse" [PDF], Michael Wright, research fellow, Kennedy School of Government, Harvard University, Apr 2008
Note: The final version of this paper will be published as a United Nations Document, appended to the Special Representative's 2008 report to the Human Rights Council.
"Stablization Clauses and Human Rights" [PDF], Andrea Shemberg, for IFC & John Ruggie, 11 Mar 2008
Note: This is a consultation draft. Information on formal consultation will be posted on this page in the coming weeks. Informal feedback is also welcome and should be directed to the author, Andrea Shemberg, at: shemberg@database.it
"Corporate Duty and Human Rights Under Australian Law" [PDF], Allens Arthur Robinson law firm on behalf of the International Bar Association, Mar 2008
Note from Special Representative John Ruggie: "The SRSG is grateful to the International Bar Association and the Australian law firm of Allens Arthur Robinson for conducting this pro bono research on corporate due diligence requirements under Australian law, and how such requirements might serve as a guide to non-legal processes whereby companies can demonstrate their responsibility to respect human rights. As in all cases of pro bono research conducted for the SRSG, the opinions expressed in the memo are those of the law firm and do not necessarily reflect those of the SRSG."
"International Investment Agreements, Business and Human Rights: Key Issues and Opportunities" [PDF], Howard Mann, Senior International Law Advisor, International Institute for Sustainable Development, Feb 2008
Note from Special Representative John Ruggie: "The SRSG is grateful to the International Institute for Sustainable Development for this briefing paper exploring a range of issues that arise between international investment agreements, business and human rights, focussing on the key duties of states to protect and promote human rights, and the responsibiltiies of business to respect human rights. This paper also suggests approaches to enhancing the relationship between business and human rights. As in all cases of pro bono research conducted for the SRSG, the opinions expressed in the memo are those of the authors and do not necessarily reflect those of the SRSG."
"'Corporate Culture' as a Basis for the Criminal Liability of Corporations" [PDF], Allens Arthur Robinson law firm, Feb 2008
Note from Special Representative John Ruggie: "The SRSG is grateful to the Australian law firm of Allens Arthur Robinson for conducting this pro bono research on trends in the use of "corporate culture" as a basis for the criminal liability of corporations. This discussion paper provides an overview of how various legal systems deal with the issue of corporate criminal liability, examining in particular the ways in which some legal systems incorporate notions of "corporate culture" into such deliberations. As in all cases of pro bono research conducted for the SRSG, the opinions expressed in the memo are those of the law firm and do not necessarily reflect those of the SRSG."
UN treaty body series
- "State Responsibilities to Regulate and Adjudicate Corporate Activities under the Inter-American Human Rights System" [PDF], by Cecilia Anicama, to inform the mandate of UN Special Representative on Business & Human Rights, Prof. John Ruggie, April 2008
This report outlines the nature and scope of states’ obligations vis-à-vis corporate activities in the Inter-American System of Human Rights, as elaborated by the Inter-American Commission on Human Rights (Commission) and the Inter-American Court of Human Rights (Court). Overall, the research uncovered acknowledgment by the Commission and the Court of the link between human rights violations and the activities of public and private enterprises. The regional system has explored the state’s role in preventing abuse in a wide range of industries, including the mining, oil, construction and logging sectors.
- "State Responsibilities to Regulate and Adjudicate Corporate Activities under the United Nations' core Human Rights Treaties" [PDF], 12 Feb 2007
This report contains a summary of key findings and examples from a series of detailed studies on each United Nations treaty body, prepared on behalf of the Special Representative of the United Nations Secretary-General (SRSG) on the issue of human rights and transnational corporations and other business enterprises. Treaty body commentaries from the past decade show a trend towards increasing pressure on States to fulfil this duty in relation to corporate activities, regardless of whether the entities in question operate within a single country or transnationally, and whether they are privately or publicly owned.
Background paper for 19 Jun 2007 meeting with the treaty bodies [PDF] provides an updated view of the trends and issues identified by the series as requiring further elaboration.
Reports on individual treaties - state responsibilities to regulate and adjudicate corporate activities:
Report 1: "International Convention on the Elimination of All Forms of Racial Discrimination" [PDF], Dec 2006
Report 2: "International Covenant on Economic, Social and Cultural Rights" [PDF], May 2007
Report 3: "International Covenant on Civil and Political Rights" [PDF], Jun 2007
Report 4: "Convention on the Elimination of All Forms of Discrimination against Women" [PDF], Sep 2007
Report 5: "Convention Against Torture" [PDF], Dec 2007
Report 6: "Convention on the Rights of the Child" [PDF], Jul 2007
Report 7: "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families" [PDF], Jan 2007
"Business and Human Rights - the Evolving International Agenda" [PDF], American Journal of International Law, Oct 2007
"Business Recognition of Human Rights: Global Patterns, Regional & Sectoral Variations" [PDF], Michael Wright & Amy Lehr, research fellows, Kennedy School of Government, Harvard University, under direction of UN Special Representative John Ruggie, 12 Dec 2006
"Human Rights Policies & Management Practices of Fortune Global 500 Firms: Results of a Survey" [PDF], 1 Sep 2006
"Meaningful Change: Raising the Bar in Supply Chain Workplace Standards" [PDF], briefing paper for Thailand consultation (24-26 June 2006)
2. Discussion Papers
These are shorter discussion papers prepared by and for the Special Representative's team, intended to summarize the current state of play in specific issues and practices regarding business and human rights as they relate to the mandate.
- "Business & human rights: Treaty road not travelled", John Ruggie, 6 May 2008
- "Human rights - Powers without strength", Vanessa Zimmerman, 7 Jan 2008
- "Concept Paper on Facilitating Specification of the Duty to Protect" [PDF], John Knox, Professor of Intl. Law, Wake Forest Univ. [USA], 14 Dec 2007
- "Trends in the Use of Corporate Law and Shareholder Activism to Increase Corporate Responsibility and Accountability for Human Rights" [PDF] (USA), Dec 2007
Note from Special Representative John Ruggie: "The SRSG is grateful to the New York law firm Fried Frank for conducting this pro bono research on U.S. shareholder activism in relation to human rights. The memo considers recent trends and explores how other corporate law tools, including actions regarding directors' duties, are being used in the area of business and human rights. As in all cases of pro bono research conducted for the SRSG, the opnions expressed in the memo are those of the law firm and do not necessarily reflect the SRSG's."
- "Foreign direct investment – Balancing risk for global investors", Andrea Shemberg, 11 Dec 2007
- "Business and human rights – Beyond corporate spheres of influence", Amy Lehr and Beth Jenkins, 12 Nov 2007
- comments on this article are welcome - contact details provided
- "Voluntary initiatives – Helping the laggards join the race", Christine Bader (writing in personal capacity), 7 Oct 2007
- "Standards and practices – Guiding principles for business and human rights", John Ruggie, Sep 2007
Follow-up by Sir Geoffrey Chandler to the above article: "Business and human rights – One step at a time", Ethical Corporation, 5 Oct 2007
- Discussion Paper: "Reporting on non-financial performance" [PDF], Aug 2006
- Discussion Paper: "Revenue Sharing and Fiscal Management" [PDF], Jul 2006
- Discussion Paper: "Security of People and Assets" [PDF], Jul 2006
- Feedback: John O'Reilly comments on security discussion paper [DOC], focusing on Voluntary Principles on Security & Human Rights
- Discussion Paper: "Human Rights Impact Assessments" [PDF], Jul 2006
Reply by John Ruggie to Diana Bronson re proposed General Principles on Human Rights Impact Assessments [PDF], 4 Oct 2006
3. Reference Papers
These are documents that the Special Representative's team has identified as providing useful information and analysis on issues falling within the mandate.
- "Business and human rights: The role of business in weak governance zones" [PDF] - paper submitted to John Ruggie by International Organization of Employers, International Chamber of Commerce, and Business and Industry Advisory Committee (BIAC) to OECD, Dec 2006
- "Business and International Crimes - Commerce, Crime and Conflict: Legal Remedies for Private Sector Liability for Grave Breaches of International Law", Fafo Institute for Applied International Studies [Norway], Sep 2006
- "Brief on Corporations and Human Rights in the Asia-Pacific Region - Prepared for Professor John Ruggie, United Nations Special Representative of the Secretary General for Business and Human Rights" [PDF], Allens Arthur Robinson law firm, Aug 2006
- "Stakeholder Negotiation and Consultation" [PDF], Corporate Engagement Project, July 2006
- "Does Monitoring Improve Labor Standards?: Lessons from Nike" [PDF], Richard Locke, Fei Qin, and Alberto Brause, July 2006
