Business compliance and human rights memorandum

A memorandum of understanding was formed which looked in to the human rights as well as business operations all over the globe. The memorandum was an understanding between countries and business organizations on the respect and compliance for human rights that are supposed to be upheld in the business operations. It provides a framework to enable the realization of human rights principles that are consistent with UNGP. Through the collaboration established, knowledge and expertise are to be shared between businesses and countries regarding the initiatives and plans to employ as a county. Shared knowledge helps to bring about expertise in all practices of stakeholders and consultants.

The pillars of business and human rights framework

One of the pillars in relating to business and human rights is the responsibility of all corporates to respect human rights. John Reggie, the special representative of UN proposed the pillar due to the arising need of respect for human rights. Conducting business activities without respecting and recognizing the human right s can lead to unfair business activities in most industries. Therefore, it is the responsibility of every business to recognize the human rights that are upheld in their area of influence. The human rights can be protected by preventing infringing on any human right through the activities carried out in the business.

In order for any organization to be committed to respecting human rights, their practices must be approved by the senior management of any organization. Expertise in the area of human rights should be involved in informing businesses concerning the standards they are supposed to meet in order to demonstrate respect for human rights.  Business entities should also stipulate their expectations from their stakeholders, personnel and partners. The policies to be followed, as well, should be available in order to be communicated to all the business stakeholdes. A business organization that upholds human rights is supposed to mitigate their adverse impacts that are linked to the business operations such as the value chain and the partnerships. The operational policies as well as all the procedures carried out in the organization should be embended to respect human rights.

The second pillar given by UN is great access by victims into the effective remedies which should be either judicial or non-judicial. This pillar is aimed at ensuring remedies once the human rights are violated by any business practice. It is the responsibility of the judiciary to provide remedy for such violations. Non-judicial sectors should also be allowed to provide remedy in case of any violation. One of the ways of enhancing remediation process is by providing a platform for every individual or group affected to raise their concerns. The platform should be easily available and transparent in order to provide adverse for human rights. It should also be placed in all areas where business operations are carried out in order to enhance remediation process in case of human rights violation.

Agrievances mechanism should be included in the process of giving remedies. The grievance should allow both the business organization as well as the group or individuals who’s rights have been violated to give their concerns. Therefore, the mechanism should be legitimate and transparent so that it does not favor neither the business nor the individual thus enhancing the should also be accessible and equitable to everyone. This means that if anyone needs to present agrievance, the mechanism will be easily accessible and will provide equitable decision based on their grievance. The human rights upheld by the mechanism as well should be compactible to those provided under the law to the business organization. The mechanism should be predictable such that if an organization has violated a human right, they can predict their fate. With such a remediation process, the human right can be upheld by most businesses in order to overcome the consequences of violating such rights.

Thirdly,one pillar that should be enhance in the business world is the provision of the state duty in enhancing and protecting human right abuse by both business organization and the third parties. It is the responsibility of every state to ensure that they provide policies and regulations which are aimed at protecting the established human right. With such policies and state regulations, most business are likely to comply with the requirments of observing human rights in the country. it can also work against abuse by the third parties where business organization are included. When the protection of the human rights come from the state itself, the respect from the human right is more likely to be upheld in the organizations. The remedy process as well can be easier and more transparent due to the government involvement to the protection of human right from the third parties.

Once the government is involved in the protection of human rights, it is easier to access the impacts of potential human rights in the world. They can also be able to draw feedback from the affected stakeholders as well as other available sources without having to compromise their commercial confidentiality. After gathering feedback, it is also possible for the state to integrate and finally act upon their findings. They can later communicate the performance of business organization in trrms of human rights observation based on the available data. The state involvement in protecting human rights is therefore relevant and should be ensured by every government. most policies established by business organization violates human rights and it is the responsibility of the government to protect their citizens against such policies. Every country that has upheld the protection of human rights by corporation has seen tremendous changes in the business sector in the country.

Upholding the three pillars above is a step aimed at upholding human rights in every nation. The UNGP and ILO were involved in the declaration of the pillars which means that they should be applied internationally. Every state and organization should observe the principle of the pillars regardless of their structure, sector, ownership, size, location and their ability and willingness to meet the obligation of human rights. The foundational principle of human rights should be met by both business organization and other third party existing in any country. The activities carried out in any organization should not violate the human rights lest they fail to observe the pillar. Business links and operations such as partnerships and the value chain should be aimed at protecting the rights of human beings. Once rights are protected and ensured, organizations as well as government will be at a better position with the citizens. On the other hand, failing to observe the human right in any country can cause the commotion and inhibit peace in any country. Therefore, protection, respect and remedy of human rights must be ensured in any nation.

Impacts of business on people vulnerable to human rights

Implementation of the UNGP should have a special focus on the rights and the needs for the individuals that are particularly vulnerable to abuses of the human rights by the business activities. From the previous occurrences, it has been noted that some organizations violates the rights of a group of people. Such people may lack adequate knowledge or experience on how to obtain justice. Therefore, it is important to implement rules on how such special group should be catered for in a nation. Some businesses have established policies that are against a specific group of people and end up operating on such policies without being noticed. Unlike other cases where organizations are reported, such businesses may end up surviving on policies that are against human rights. A special action and focus is therefore needed in order to prevent such cases.

One of the points where the vulnerable groups are found is the supply chain sector. it is the responsibility of every organization to ensure that their policies and procedure in all sectors of their organization are carried out in a manner that does not violate the human rights. For instance, business which affects the vulnerable groups through the supply chain should be looked into since such practices are not allowable. If UNGP implements policies that focus on the vulnerable groups, it’s likely that states will understand business areas to focus on. The result of vulnerability can also be used to map the salient impacts that organizations cause to specific individuals. Companies which may not understand such policies can also be forced to take action and at the end, individuals who are vulnerable to human right practices through business practices can obtain a solution.

Land grabs, for instance, is one of the areas where business organizations are focused on violating human rights of the vulnerable individuals. Most groups in the value chain have been affected by the grabbing of the lands leaving them without home and employments. According to a report released by the World Bank, indigenous people were forced out of their lands by a Palm oil company in Indonesia and guinea. The grabbing was caused by the poor interaction between the poor community and the government since they could not report the case for justice. However, the World Bank established that the land grabbing in those countries violated the rights of indigenous people since it was not carried out in the appropriate manner of their culture. It was also established that women are at a higher risk of experiencing land grabbing cases since their land tittle are formal which denies the opportunity to participate in the land negotiations. Therefore, new preventive strategies need to be employed by the UNGP in order to supplement those established by the World Bank.

Vulnerability of women in human rights violation

Research has proven that women and girls are more vulnerable to human rights violations due to the unfavorable business practices. In the workolace, they are likely to have lower wages as well as unstable contracts. They are also less job skilled due to their various domestic activities they have to undertake in additional to paid employements. Girls have a higher chance of dropping out of school in order to get employement so as to meet the responsibilities entrusted tpo them. Therefore, they end up having less skills, employement and poor working condtioions. Such conditions and practices by the organization are unfavorable and violates the human rights. The working condition of every employee should be qualitative regardless of the activity they are supposed to undertake. Discrimination of women in business activities ia slao a violation of the human rights and any organization that employs such policies should meet the conscequences.

Considering the case of women in the cocoa sector, researchers have found that women experience discrimination across the supply chain of cocoa. Apart from being paid less than men, they also have poor acces to the market as well as the cooperatives that can support them. In case of training programmes, the participation of women is less due to the domestic commitments they have to meet. The UNGPs advised that women should not be discriminated under any circumstances in any country. although a few improvements have been experienced so far, it is cler that there is a long way to go in order to eliminate discrimination of women completely. Some studies have shown that the wages of women should be higher than those of men. If human rights are to be observed in any country, equality should be ensured regardless of gender, race or religion of a person.

Transparency and grievance mechanism

In order to implement UNGPs effectively, grievance mechanism, transparency as well as due diligence should be ensured. Companies should be proactively track the possibility of violating human rights during their business operstions. For instance, they can consult a group which has been affected by human rights violation due to unfair business practices. By consulting the affected groups, they can be able to avoid the risks which led to violations. A business organization which carries out such practices is likely tomaintain the respect fro huna rights. Some organizations have abused the rights of individuals unconsciously and the way to avoid such violations is by use of consultaion mechanisms. They may also develop better ideas on how to carry out their business practices in an efficient manner without violating human rights.

Non-governmental organizations, employees as well as community workers should be involved in the attempt to prevent human right abuse. Researchers on human rights ca also help since they have a background regarding specific sectors of the organization. Therefore, they need to be consulted in order to obtain views and ideas on the human rights protection. Transparency in communication has been emphasiesed by the UNGPs  a need that every country should if they are to disclose risks to human right violation. NGOs are mostly involved in protecting the rights of human beings and providing them with better welfare. Therefore, they have information regarding risks prevention inhuman right abuse. Community workers also ensure the good of citizens and they can give information regarding fare business practices without interfering with the human righs.

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