IBA offers draft human rights guidance
Draft guidance for bar associations and business lawyers on the implementation of the United Nations Guiding Principles on Business and Human Rights has been published by a working group of the International Bar Association.
Endorsed by the UN Human Rights Council in 2011, the Guiding Principles comprise three “pillars”: (1) the state's duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication; (2) the corporate responsibility to respect human rights, by avoiding infringing on the human rights of others, and addressing adverse human rights impacts with which they are involved; and (3) the need for greater access by victims to effective remedy, judicial and non-judicial.
The draft guidance, by the Business and Human Rights Working Group, is divided into two documents, one for bar associations (11 pages) and the other for business lawyers practising as in-house counsel and in law firms (60 pages).
For bar associations, the guidance aims to serve as an awareness-raising and training tool. For business lawyers, it explores the relevance of the Guiding Principles to their advisory roles and ethical responsibilities, and their potential implications for law firms as business enterprises, as well as assisting in the design of business and human rights policies by governments and others.
The nine-member working group, which includes Robert Heslett of the Law Society of England & Wales, will seek feedback on the draft over the next 12 months.
The IBA is currently holding its annual conference in Tokyo.
President Michael Reynolds said: “The IBA Guidance aims to support the development of a global strategy for the integration of the Principles into legal practice. The Guiding Principles recognise that the responsibility to respect human rights is a global standard of expected conduct for all businesses, and that measures are required to address the impact of human rights on commercial practices and enterprises. The promotion of integrity standards and the rule of law are at the core of the work of the IBA, and through our leadership we intend to mobilise the legal profession to take affirmative steps to integrate the Guiding Principles in the services they provide to their clients.”
John F Sherman III, chair of the working group added: “Since the endorsement of the Guiding Principles, businesses are increasingly turning to their legal advisers for assistance on their implementation. This guidance is designed to support those bar associations and business lawyers to understand the implications of the Guiding Principles to effectively counsel their clients and ultimately help business enterprises to fulfil their responsibility to respect human rights.”