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Human rights are commonly understood as "fundamental rights to which a person is
inherently entitled simply because she or he is a human being."
Human rights movement developed in the aftermath of the Second World War and
the atrocities of The Holocaust, culminating in adoption of Universal Declaration of
Human Rights.
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Universal Declaration of Human Rights
- As a common standard of achievements for all peoples and all nations. It set
out, for the first time, fundamental human rights to be universally protected
-They are the inalienable entitlements of all people, at all times, and in all
places — people of every color, from every race and ethnic group; whether or
not they are disabled; citizens or migrants; no matter their gender, their class,
their caste, their creed, their age etc.
- The 30 Articles of UDHR promises to all the economic, social, political, cultural
and civic rights that underpin a life free from want and fear.
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The responsibility of business enterprises to respect human rights refers to
internationally recognized human rights .An authoritative list of the core
internationally recognized human rights is contained in the International Bill of
Human Rights (consisting of the Universal Declaration of Human Rights and the
main instruments through which it has been codified: the International Covenant
on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights), coupled with the principles concerning fundamental rights in
the eight ILO core conventions as set out in the Declaration on Fundamental
Principles and Rights at Work. These are the benchmarks against which other social
actors assess the human rights impacts of business enterprises.
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ILO Declaration on Fundamental Principles and Rights at Work
The main aims of the ILO are to promote rights at work, encourage decent
employment opportunities, enhance social protection and strengthen dialogue
on work-related issues.
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The eight ILO fundamental Conventions are:
Article 1.
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in
a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, color, gender,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.
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Article 3, the first cornerstone of the Declaration, proclaims the right to life, liberty
and security of person –a right essential to the enjoyment of all other rights.
Article 3 introduces articles 4 to 21, in which other civil and political rights are set
out, including: freedom from slavery and servitude; freedom from torture and cruel,
inhuman or degrading treatment or punishment; the right to recognition everywhere
as a person before the law; the right to an effective judicial remedy; freedom from
arbitrary arrest, detention or exile; the right to a fair trial and public hearing by an
independent and impartial tribunal; the right to be presumed innocent until proved
guilty; freedom from arbitrary interference with privacy, family, home or
correspondence; freedom of movement and residence; the right of asylum; the right
to a nationality; the right to marry and to found a family; the right to own property;
freedom of thought, conscience and religion; freedom of opinion and expression;
the right to peaceful assembly and association; and the right to take part in the
government of one's country and to equal access to public service in one's country.
The economic, social and cultural rights recognized in articles 22 to 27 include the
right to social security; the right to work; the right to equal pay for equal work; the
right to rest and leisure; the right to a standard of living adequate for health and
well-being; the right to education; and the right to participate in the cultural life of
the community
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
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Universal Declaration of Human Rights ( Cont.)
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination
in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.
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Universal Declaration of Human Rights ( Cont.)
Article 11
Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence. No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal offence, under
national or international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal offence
was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honor and reputation. Everyone has the
right to the protection of the law against such interference or attacks
Article 13
Everyone has the right to freedom of movement and residence within the borders
of each State. Everyone has the right to leave any country, including his own, and to
return to his country.
Universal Declaration of Human Rights ( Cont.)
Article 14
Everyone has the right to seek and to enjoy in other countries asylum from
persecution.This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations
Article 15
Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.
Article 16
Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution. Marriage shall be
entered into only with the free and full consent of the intending spouses. The
family is the natural and fundamental group unit of society and is entitled to
protection by society and the State
Article 17
Everyone has the right to own property alone as well as in association with
others. No one shall be arbitrarily deprivedof his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice,worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers
Article 20
Everyone has the right to freedom of peaceful assembly and association. No one
may be compelled to belong to an association.
Article 21
Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. Everyone has the right to equal access to
public service in his country. The will of the people shall be the basis of the
authority of government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international cooperation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development of
his personality.
Universal Declaration of Human Rights ( Cont.)
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for
equal work.
(3) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection
of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
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Article 25.
Universal Declaration of Human Rights ( Cont.)
1. Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and
to the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
(3) Parents have a prior right to choose the kind of education that shall be given to
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their children.
Article 27
Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits . Everyone has the
right to the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
Article 29
Everyone has duties to the community in which alone the free and full development
of his personality is possible. In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a
democratic society. These rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.
Any Corporate Examples of Human Rights Violation ?
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Example
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Asian slave labor producing prawns for supermarkets in US, UK
Slaves forced to work for no pay for years at a time under threat of extreme violence
are being used in Asia in the production of seafood sold by major US, British and
other European retailers
The investigation found that the world's largest prawn farmer, the Thailand-based
Charoen Pokphand (CP) Foods, buys fishmeal, which it feeds to its farmed prawns,
from some suppliers that own, operate or buy from fishing boats manned with
slaves.
A six-month investigation has established that large numbers of men bought and
sold like animals and held against their will on fishing boats off Thailand are
integral to the production of prawns (commonly called shrimp in the US) sold in
leading supermarkets around the world, including the top four global retailers:
Walmart, Carrefour, Costco and Tesco
Men who have managed to escape from boats supplying CP Foods and other
companies like it told the Guardian of horrific conditions, including 20-hour shifts,
regular beatings, torture and execution-style killings. Some were at sea for years;
some were regularly offered methamphetamines to keep them going. Some had
seen fellow slaves murdered in front of them. 22
Fifteen migrant workers from Burma and Cambodia also told how they had been
enslaved. They said they had paid brokers to help them find work in Thailand in
factories or on building sites. But they had been sold instead to boat captains,
sometimes for as little as £250.
"I thought I was going to die," said Vuthy, a former monk from Cambodia who was sold
from captain to captain. "They kept me chained up, they didn't care about me or give
me any food … They sold us like animals, but we are not animals – we are human
beings."
Another trafficking victim said he had seen as many as 20 fellow slaves killed in front
of him, one of whom was tied, limb by limb, to the bows of four boats and pulled
apart at sea.
"We'd get beaten even if we worked hard," said another. "All the Burmese, [even] on
all the other boats, were trafficked. There were so many of us [slaves] it would be
impossible to count them all."
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The International Labour Organization (ILO) estimates that almost 21 million
people are currently working in some form of forced labour.
The United States Department of Labor, for example, has produced a list of 136
goods produced in 74 countries using forced labour, child labour, or both.
These goods include everything from strawberries, coffee, chocolate and palm
oil to footballs, bricks, rubber and cotton.
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UN Initiatives to address Business and Human Rights :
3. UN Global Compact
1.
UN Norms on responsibility of Transnational Corporations and other
business enterprises with respect to human rights
The norms recognize six groups of rights: right to equal opportunity and non-
discriminatory treatment; right to security of persons; workers' rights; respect for
national sovereignty and human rights; consumer protection; environmental protection
First, responsibility of companies to use due diligence in ensuring that their activities do
not contribute directly or indirectly to human rights abuses.
Third, the companies' responsibility are to refrain from undermining efforts to promote
and ensure respect for human rights.
Fourth. the companies' responsibility to use their influence to promote respect for
human rights.
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Guiding Principles on Business and Human Rights
• Access to Remedy
The corporate responsibility to respect human rights
Foundational Principles
11.Business enterprises should respect human rights. This means that they
should avoid infringing on the human rights of others and should address
adverse human rights impacts with which they are involved.
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12 The responsibility of business enterprises to respect human rights
refers to internationally recognized human rights – understood, at a
minimum, as those expressed in the International Bill of Human Rights
and the principles concerning fundamental rights set out in the
International Labour Organization’s Declaration on Fundamental
Principles and Rights at Work.
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An authoritative list of the core internationally recognized human rights is
contained in the International Bill of Human Rights (consisting of the Universal
Declaration of Human Rights and the main instruments through which it has been
codified: the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights), coupled with the
principles concerning fundamental rights in the eight ILO core conventions as set
out in the Declaration on Fundamental Principles and Rights at Work. These are
the benchmarks against which other social actors assess the human rights impacts
of business enterprises.
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13. The responsibility to respect human rights requires that business
enterprises: ( Includes value chain and Business partners )
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14. The responsibility of business enterprises to respect human rights applies
to all enterprises regardless of their size, sector, operational context,
ownership and structure. Nevertheless, the scale and complexity of the means
through which enterprises meet that responsibility may vary according to
these factors and with the severity of the enterprise’s adverse human rights
impacts.
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15. In order to meet their responsibility to respect human rights, business
enterprises should have in place policies and processes appropriate to their size
and circumstances, including:
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Business enterprises need to know and show that they respect
human rights.
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B. Operational principles
Policy commitment
16. As the basis for embedding their responsibility to respect human rights,
business enterprises should express their commitment to meet this responsibility
through a statement of policy that:
(a) Is approved at the most senior level of the business enterprise;
(b) Is informed by relevant internal and/or external expertise;
(c) Stipulates the enterprise’s human rights expectations of personnel, business
partners and other parties directly linked to its operations, products or services;
(d) Is publicly available and communicated internally and externally to all personnel,
business partners and other relevant parties;
(e) Is reflected in operational policies and procedures necessary to embed it
throughout the business enterprise.
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Human rights due diligence
17. In order to identify, prevent, mitigate and account for how they address their
adverse human rights impacts, business enterprises should carryout human rights
due diligence. The process should include assessing actual and potential human rights
impacts, integrating and acting upon the findings, tracking responses, and
communicating how impacts are addressed.
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This Principle 17 defines the parameters for human rights due diligence, while
Principles 18 through 21 elaborate its essential components.
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18. In order to gauge human rights risks, business enterprises should
identify and assess any actual or potential adverse human rights
impacts with which they may be involved either through their own
activities or as a result of their business relationships. This process
should:
(a) Draw on internal and/or independent external human rights expertise;
(b) Involve meaningful consultation with potentially affected groups and other
relevant stakeholders, as appropriate to the size of the business enterprise
and the nature and context of the operation.
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19. In order to prevent and mitigate adverse human rights impacts, business
enterprises should integrate the findings from their impact assessments across
relevant internal functions and processes, and take appropriate action.
(a) Effective integration requires that:
(i) Responsibility for addressing such impacts is assigned to the
appropriate level and function within the business enterprise;
(ii) Internal decision-making, budget allocations and oversight processes enable
effective responses to such impacts.
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20. In order to verify whether adverse human rights impacts are being
addressed, business enterprises should track the effectiveness of their
response. Tracking should:
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21. In order to account for how they address their human rights impacts, business
enterprises should be prepared to communicate this externally, particularly when
concerns are raised by or on behalf of affected stakeholders. Business enterprises
whose operations or operating contexts pose risks of severe human rights impacts
should report formally on how they address them. In all instances, communications
should:
(a) Be of a form and frequency that reflect an enterprise’s human rights impacts
and that are accessible to its intended audiences;
(b) Provide information that is sufficient to evaluate the adequacy of an
enterprise’s response to the particular human rights impact involved;
(c) In turn not pose risks to affected stakeholders, personnel or to legitimate
requirements of commercial confidentiality.
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Remediation
22. Where business enterprises identify that they have caused or
contributed to adverse impacts, they should provide for or cooperate in
their remediation through legitimate processes
Issues of context
23. In all contexts, business enterprises should:
(a) Comply with all applicable laws and respect internationally
recognized human rights, wherever they operate;
(b) Seek ways to honor the principles of internationally recognized
human rights when faced with conflicting requirements;
(c) Treat the risk of causing or contributing to gross human rights
abuses as a legal compliance issue wherever they operate
•To achieve these objectives, the Global Compact offers facilitation and
engagement through several mechanisms: Policy Dialogues, Learning,
Country/Regional Networks, and Partnership Projects.
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The Global Compact is not a regulatory instrument – it does not
“police”, enforce or measure the behavior or actions of companies.
Rather, the Global Compact relies on public accountability,
transparency and the enlightened self-interest of companies, labor
and civil society to initiate and share substantive action in pursuing
the principles upon which the Global Compact is based.
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The Ten Principles of Global Compact
The Global Compact asks companies to embrace, support and
enact, within their sphere of influence, a set of core values in
the areas of human rights, labor standards, the environment, and
anti-corruption:
Human Rights
•Principle 1: Businesses should support and respect the protection of
internationally proclaimed human rights;
The responsibility for human rights does not rest with governments
or nation states alone. Human rights issues are important both for
individuals and the organisations that they create. As part of its
commitment to the Global Compact, the business community has
a responsibility to uphold human rights both in the workplace and
more broadly within its sphere of influence. A growing moral
imperative to behave responsibly is allied to the recognition that a
good human rights record can support improved business performance.
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•Principle 2:make sure that they are not complicit in human
rights abuses.
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Labor Standards
•Principle 3 : Businesses should uphold the freedom of association and
the effective recognition of the right to collective bargaining;
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What companies can do:
In the workplace
•Ensure that all workers are able to form and join a trade union of their
choice without fear of intimidation or reprisal.
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Principle 5: the effective abolition of child labor;
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Environment
•Principle 7: Businesses should support a precautionary approach
to environmental challenges;
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The Rio Declaration sets out an extremely important idea, now
widely accepted by policy makers, of a precautionary approach to
environmental protection -
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•Principle 8: undertake initiatives to promote greater environmental
responsibility;
The Rio Earth Summit in 1992 acted as a 'wake-up call' for many parts
of society, not least of which the business sector. For the first time a
comprehensive group of stakeholders gathered together to discuss the
issues raised by the patterns of industrialization, population growth and
social inequality around the world. The conference highlighted the true
fragility of the planet and in particular it drew attention to three concerns:
•the threatened capacity of the planet to support life in the future, and
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The message to companies spelt out the role of business and industry
in the sustainable development agenda is discussed. And an outline
of what environmental responsibility means for business is presented -
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•Principle 9: encourage the development and diffusion of
environmentally friendly technologies
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GE Approach towards Human Rights Protection ( Ref. GE Sustainability Report)
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GE Approach towards Human Rights Protection ( Ref. GE Sustainability Report )
GE has published such reports in response to regulations in California and UK. GEs
first UK Modern Slavery Act Transparency Statement , published in 2017, describes
the efforts we have taken to prevent forced labour where we operate and do
business , including updated policies prohibiting practices that lead to modern
slavery , new forced – labour training for supply chain auditors , continued
implementation of global supply chain audit program , and collaboration with global
associations such as the Electronics Industry Citizenship Coalition and the Institute for
Human Rights and Business to find better ways to address this problem .
GE Approach towards Human Rights Protection ( Ref. GE Sustainability Report )
GE remains committed to respecting not only the human rights of our own
employees, but also those of our partners’ employees and the members of the
communities where we operate. Such respect is a foundational requirement of both
our GE and Supplier Integrity programs, and we seek to drive compliance through
continued improvement in audit techniques, workers’ voice programs, and employee
training.
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Sexual Harassment at Workplace
B.R. Ambedkar, the architect of the Indian Constitution, once stated that the
measure of progress of a community is the degree of progress achieved by its
women. Financial independence and education are two of the most essential
sources of women’s progress and empowerment.
Sexual Harassment is deeply rooted in the patriarchal societal setup where male
power dominates.
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This is particularly true in India, where there is a deep rooted gender bias against
women, manifesting itself in high rates of female infanticide and sexual violence
against women.
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The very notion of Sexual Harassment in the workplace intrinsically violates certain
fundamental rights guaranteed to the citizens of India, enshrined in and protected by
the Indian Constitution. Thus, any act or conduct amounting to sexual harassment is
against the very basic structure of The Constitution of India that seeks to ensure and
safeguard the dignity of its citizens.
1. Article 14: Equality before the law or the equal protection of the law.
2. Article 15: Prohibition of discrimination on the grounds of gender.
3. Article 19: Right to practice any profession or to carry out any occupation, trade or
business which right includes within its ambit “a right to a safe environment free from
sexual harassment.”
4. Article 21: Right to life and personal liberty which includes right to life with dignity.
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The offence of Sexual Harassment in India had no statutory reference till as late as
1997
There was no legal obligation upon institutions or management to protect and
prevent women employees from experiencing sexual harassment.
The Indian Judiciary, for the first time in Vishaka vs. State of Rajasthan gave voice to
the rising concerns of sexual harassment by laying down a formal procedure to
check harassment in the workplace.
The newly adopted definition of sexual harassment was in tandem with that laid
down by CEDAW, United Nations Convention on the Elimination of all Forms of
Discrimination against Women which came into force in 1979. India signed the
Convention on 30 July 1980 and ratified it on 9th July 1993 (with certain
reservations).
The court laid down certain guidelines to ensure a safe and conducive working
environment for women in their workplaces.
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Vishaka Guidelines were clearly put forth .
The Vishaka Case brought to the fore the institutional manifestation of gender
inequality in workplaces in the form of sexual harassment. The Apex Court in its
decision equated a safe and healthy working condition as a requisite for human
dignity under the Right to Life clause of the Indian Constitution.
By laying down strict guidelines to prevent and redress sexual harassment in the
workplace, the court ensured that the offence was accorded the gravity which
was due.
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The Vishaka Guidelines were taken as the basis on which The Sexual Harassment
of Women in the Workplace (Prevention, Prohibition and Redressal) Act 2013 was
drafted, taking care to strengthen areas and sections which needed strengthening
The act extends to the whole of India and seeks to achieve three major
objectives:
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The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and
Redressal) Act 2013
Section 2: Definitions :
Workplace” as “any place visited by the employee arising out of or during the course
of employment, including transportation provided by the employer for undertaking
such a journey.”
The Act defines the Unorganized Sector as: any enterprise owned by an individual or
a group of self-employed workers engaged in the production or sale of goods or
providing services of any kind; any enterprise which employs less than 10 workers.
As per this definition, a workplace covers both the organized and un-organized sectors
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Section 3: Prevention of Sexual Harassment
The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Redressal)
Act 2013
The powers vested upon the Committee are similar to that of a Civil Court. Thus, the
committee becomes a quasi-judicial body. It is not compulsory for the constituting
members to have a legal background. The committee under Section 13(3) has also
been given the discretionary power to deduct sum from salary or wages in
accordance with prescribed service rules. The committee can also compel the
accused to pay compensation to the victim if found guilty according to the inquiry
report.
The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and
Redressal) Act 2013
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What is Corporate Governance ?
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"Corporate Governance
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"Corporate governance is about promoting corporate fairness, transparency and
accountability" J. Wolfensohn, President of the Word bank, as quoted by an
article in Financial Times, June 21, 1999.
“Some commentators take too narrow a view, and say it (corporate governance) is
the fancy term for the way in which directors and auditors handle their
responsibilities towards shareholders. Others use the expression as if it were
synonymous with shareholder democracy. Corporate governance as a subject, as
an objective, or as a regime to be followed for the good of shareholders,
Employees , customers, bankers and indeed for the reputation and standing of
Company, our nation and its economy”
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Corporate Governance as 'an internal system encompassing policies, processes and
people, which serves the needs of shareholders and other stakeholders, by directing
and controlling management activities with objectivity and integrity.
Key elements of good corporate governance principles include honesty, trust and
integrity, openness, performance orientation, responsibility and accountability, mutual
respect, and commitment to the organization.
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• Corporate governance and responsibility can only grow from an
integrated system that links executive authority, financial accounting,
board accountability and stakeholder aspiration to transparency.
• The biggest failing is not the legal regulation but the executive
commitment to responsibility.
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Constituents of Corporate Governance
• Board of Directors:
– Body of elected or appointed members who jointly oversee the activities of a
company or organization.
– Byelaws commonly specify number of members of the board, they are chosen
and when they are to meet.
• Shareholders:
– Any person company or other institution that owns at least one share in a
company
– As owners of companies, required to play an active role in exercising their rights.
– Can bring the company directors to task if they believe that the business is not
being run in the best interest of the company.
• Management: Personnel of the company who are members of its core management
team excluding Board of Directors
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Role of Constituents
Constituents Role
Board of The pivotal role in any system of corporate governance is
Directors performed by the board of directors. The board is accountable to
the stakeholders, steers the company, sets its strategic aim and
financial goals and oversees their implementation. For achieving
the goals of the company it is necessary to put in place adequate
internal controls, and periodically report the activities and
progress of the company in a transparent manner to all the
stakeholders.
Shareholders The shareholders' role in corporate governance is to appoint the
directors and the auditors. It holds the board accountable for the
proper governance of the company.
Management The responsibility of the management is to undertake the
management of the company in terms of the direction provided
by the board, to put in place adequate control systems and to
ensure their operation. The management provides information to
the board on a timely basis and in a transparent manner to
enable the board to monitor the accountability of the
management.
Commonly accepted principles of Corporate Governance include:
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Internal Corporate Governance Controls
Examples include:
•Government regulations
•Media pressure
•Takeovers
•Competition
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Enron Fact File
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Enron filed for bankruptcy in 2001 due to unethical accounting practices/
scandal to hide billions of dollars in debt due to failed deals . CFO and other
Executives not only misled board of directors and audit committee about high
Risk accounting practices but pressurized them to ignore the issues but also asked which
even external auditors were a party.
Had all the right procedures in place but failed to provide control
The key drivers behind this need are brand protection, investor
Relationships & risk management .
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Corporate Governance in India
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Corporate Governance in India ( Cont.)
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Independent Directors
– Apart from receiving the director’s remuneration, does not have any
material pecuniary relationships or transactions with the company.
– Is not related to promoters or persons occupying management
positions.
– Has not been an executive of the company in the immediately
preceding three financial years.
– Is not a partner or an executive or was not partner or an executive
during the preceding three years.
– Is not a material supplier, service provider or customer or a lessor or
lessee of the company.
– Is not a substantial shareholder of the company
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Corporate Governance and CSR
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Section 135 Companies Act 2013- CSR
Companies Act 2013 and CSR
• First time in the world that a country has mandated expenditure for
public good.
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Corporate Social Responsibility (Section 135 Company’s Act 2013 )
1. Every company having net worth of rupees five hundred crore or more, or turnover
of rupees one thousand crore or more or a net profit of rupees five crore or more
during any financial year shall constitute a Corporate Social Responsibility
Committee of the Board consisting of three or more directors, out of which at
least one director shall be an independent director.
2. Every company including its holding or subsidiary, and a foreign company defined
under clause (42) of section 2 of the Act having its branch office or project office
in India, which fulfils the criteria specified in sub-section (1) of section 135 of the
Act shall comply with the provisions of section 135 of the Act and these rules.
98
Corporate Social Responsibility (Section 135 Company’s Act 2013 )
The Board's report under sub-section (3) of section 134 shall disclose the
composition of the Corporate Social Responsibility Committee.
99
The CSR Policy of the company shall, inter-alia, include the following, namely:-
Provided that the CSR activities does not include the activities undertaken
in pursuance of normal course of business of a company.
Provided further that the Board of Directors shall ensure that activities included by
a company in its Corporate Social Responsibility Policy are related to the activities
included in Schedule VII of the Act.
(2) The CSR Policy of the company shall specify that the surplus arising out of the
CSR projects or programs or activities shall not form part of the business profit
of a company
Corporate Social Responsibility (Section 135 Company’s Act 2013 )- Cont.
4. The Board of every company referred to in sub-section (1) shall,—
(a) after taking into account the recommendations made by the Corporate Social
Responsibility Committee, approve the Corporate Social Responsibility Policy
for the company and disclose contents of such Policy in its report and also
place it on the company's website, if any, in such manner as may be
prescribed; and
(b) Ensure that the activities as are included in Corporate Social Responsibility
policy of the company are undertaken by the company.
(5) The Board of every company referred to in sub-section (1), shall ensure that the
company spends, in every financial year, at least two per cent of the average net
profits of the company made during the three immediately preceding financial
years, in pursuance of its Corporate Social Responsibility Policy:
Provided that the company shall give preference to the local area and areas
around it where it operates, for spending the amount earmarked for Corporate
Social Responsibility activities:
Provided further that if the company fails to spend such amount, the Board shall,
in its report made under clause (o) of sub-section (3) of section 134, specify the101
reasons for not spending the amount.
Schedule VII Company’s Act 2013
6. Measures for the benefit of armed forces veterans, war widows and their dependents;
7. Training to promote rural sports, nationally recognized sports, Paralympic sports and
Olympic sports;
8. Contribution to the Prime Minister's National Relief Fund or any other fund set up by the
Central Government for socio-economic development and relief and welfare of the
Scheduled Castes, the Scheduled Tribes, other backward classes, minorities and women;
The Board of a company may decide to undertake its CSR activities approved by
the CSR Committee, through a registered trust or a registered society or a
company established by the company or its holding or subsidiary or associate
company under section 8 of the Act or otherwise:
Provided that-
(i) if such trust, society or company is not established by the company or its
holding or subsidiary or associate company, it shall have an established track
record of three years in undertaking similar programs or projects;
(ii) the company has specified the project or programs to be undertaken through
these entities, the modalities of utilization of funds on such projects and
programs and the monitoring and reporting mechanism.
104
• A company may also collaborate with other companies for undertaking
projects or programs or CSR activities in such a manner that the CSR
Committees of respective companies are in a position to report separately
on such projects or programs in accordance with these rules.
• Subject to provisions of sub-section (5) of section 135 of the Act, the CSR
projects or programs or activities undertaken in India only shall amount to
CSR Expenditure.
105
CSR Reporting.-
(!) The Board's Report of a company covered under these rules pertaining to a
financial year commencing on or after the 1st day of April, 2014 shall include an
annual report on CSR containing particulars specified in Annexure.
(2) In case of a foreign company, the balance sheet filed under sub-clause (b) of sub-
section (1) of section 381 shall contain an Annexure regarding report on CSR.
The Board of Directors of the company shall, after taking into account the
recommendations of CSR Committee, approve the CSR Policy for the company and
disclose contents of such policy in its report and the same shall be displayed on
the company's website, if any, as per the particulars specified in the Annexure.
106
Maruti Suzuki India Limited ( MSIL) CSR Policy , Approach , Priorities ,
Deployment & Governance
107
MSIL CSR Policy
1. Maruti Suzuki India Limited (‘Company’) has developed its Corporate Social
Responsibility Policy (‘Policy’) in accordance with section 135 of the Companies Law
2013 and the rules made there under.
2. The Policy shall apply to all CSR programs of the Company
CSR Approach and Priorities
CSR activities will primarily be in the areas of village development, road safety and
skill development.
• To create a visible and lasting impact, the Company will focus on a few CSR
programs rather than spread resources thin over several projects.
• The Company will undertake relevant and effective social projects to have a
positive and meaningful impact on the lives of communities around it.
• In the area of road safety, while the Company has set up several driving schools
in collaboration with its dealers, their number is far from sufficient considering
the needs of society and the low level of consciousness about road safety in
India. The Company will scale up the number of driving training schools, and
take other initiatives to expand quality driving training in the country.
MSIL CSR Policy
• The Company will make efforts to involve State Governments in its road safety efforts for a
bigger impact. In line with this, the Company will identify a Tier 2 city for a comprehensive
road safety program in partnership with the State Government and municipality. The
program will cover all key areas of road safety, including effective enforcement of the law.
Efforts will be made to persuade State Governments to treat certificates given by Maruti
Driving Schools as sufficient and necessary for driving licenses.
• The Company will encourage and recognize its employees for volunteering in the
community by serving and sharing their expertise and skill.
• The Company’s CSR projects will be implemented like any other business activity, in a time-
bound manner with clear objectives, plan, targets and robust monitoring and evaluation
parameters .
• Stakeholder engagement and shared value creation will be the cornerstones of the CSR
programs of the Company
Community Development :
Water and Sanitation: Depending on local needs and in consultation with the
community, the Company will undertake projects to improve availability of clean
drinking water, upgrade solid and liquid waste management facilities, create useful
rural assets, and support economically weaker households in construction of
domestic toilets to minimize open defecation
Education: In partnership with the local community and the government education
department, the Company will upgrade infrastructure of Government schools and
focus on improving the learning level and all-round development of students and
youth in the communities.
110
MSIL CSR Program Areas ( Cont. )
Health: The Company will assess the health care needs of the local community and
undertake projects to provide health care facilities.
Skill Development:
111
MSIL CSR Program Areas and Budget
Road Safety:
a) Driving Training: The Company will scale up the number of Maruti Driving
Schools
b. Road Safety Education
CSR Budget
The Board of Company shall ensure that in each financial year, the Company spends
at least 2% of the average net profit made during the immediate three preceding
financial years.
The unutilized CSR budget from the 2% of the average net profit will be parked in
a CSR Fund (Corpus) created by the Company. This Fund would also include any
income arising there from and any surplus arising out of CSR activities.
In case of any surplus arising out of CSR projects the same shall not form part of
business profits of the Company.
The Company may collaborate or pool resources with other companies (its subsidiary
companies) to undertake CSR activities
112
MSIL CSR Implementation
The Company’s ongoing CSR projects will be aligned to the Policy. This Policy builds
on the learning and good practices of the CSR projects initiated by the Company.
The Company will enter into partnerships with the Government, business
partners and communities to create multiplier effect of its social projects
The Company has set up dedicated teams for implementation of CSR projects. The
mode of implementation will include a combination of direct implementation and
implementation through trust/foundation/society etc. set up
by the Company and partners such as NGOs, business partners, registered societies
etc. The Company will select its partners after appropriate due diligence.
The Company will use services of expert agencies, consultancy firms etc. wherever
required for carrying out base line surveys, guidance on project design and
implementation, impact assessment surveys etc.
113
MSIL CSR Governance Structure
114
MSIL CSR Approach , Deployment & Governance
The Board:
The Board of Directors of the Company will be responsible for:
1. Composition of the CSR Coordinating Team: The Company’s existing CSR &
Sustainability Department under Corporate Planning Division will be the CSR
Coordinating Team.
Budget monitoring
1. The Company will establish an accounting system to ensure project wise
accounting of CSR spend.
Reporting framework
1. The Company will monitor progress on CSR projects and CSR spend and report to
the top management quarterly and the CSR Committee half yearly.
2. The Company will report CSR performance in its annual report as per the
structure and format prescribed in the notified CSR Rules.
3. The Company will share its CSR performance with its various stakeholders
through its annual Sustainability Report ( prepared as per GRI GR guidelines ),
media, conferences, brochures, short films etc.
119
Role of NGOs/Social Enterprises & Government
Who are NGO’s ?
Why has their significance increased over the last two decades ?
121
NGOs ( Non- Governmental or Not- for-profit Organizations ) are groups of
individuals organized for the myriad of reasons that engage human imagination and
aspiration. They can be set up to advocate a particular cause, such as human rights,
or to carry out programs on the ground, such as disaster relief. They can have
memberships ranging from local to global. (Charnovitz, 1997: 186) .
The number, diversity, reach and influence of NGOs has grown rapidly in last two
decades due to economic liberalization, democratization and technological
transformation. They operate individually and collectively at all levels of society and
impact many aspects of people’s lives .
122
Growing Role & Importance of NGOs
Their areas might include human rights, women’s rights , child rights ,
environmental, improving health, alleviating poverty , development works etc.
NGOs influence (and express) societal views of these issues, influence the policy-
making process and decision-making of business groups, and how these factors, in
turn, influence the ultimate approach to and resolution of the issue in question.
123
Growing Role & Importance of NGOs
The ‘ trust premium’ enjoyed by NGOs has been a key factor in shaping public
expectations of private sectors in the recent years especially in areas such as
human rights , health and environment . During the same period trust enjoyed by
government and businesses has decreased due to corruption , ethics scandals
etc.(Volkswagen , Lehman Brothers , Satyam, Bhopal Gas Tragedy etc. )
Tribals in Orissa’s Niyamgiri hills rejected the Vedanta’s bauxite mining project-
August 2013 124
Growing Role & Importance of NGOs
1. Advocacy, Analysis and Awareness raising – Acting as a voice for people both
on a representative and self appointed basis , researching and informing
public about issues , lobbying business leaders and policy makers
2. Brokerage- Acting as intermediary between different sectors and groups
3. Conflict Resolution – Acting as mediator and facilitator
4. Delivery of services – Operational delivery of development or social services
5. Capacity Building – Providing education, training and information
6. Monitoring and Evaluation – Serving as a watchdog and a third party/
independent auditor both invited and uninvited of government and
corporate performance , governance and transparency .
Greenpeace is a non-governmental environmental organization with offices in over
40 countries and with an international coordinating body in Amsterdam, the
Netherlands.
Greenpeace campaigned against Shell’s Brent Spar Oil platform among others
126
Brent Spar, or Brent E, was a North Sea oil storage and tanker loading buoy in the Brent oilfield,
operated by Shell UK. With the completion of a pipeline connection to the oil terminal at
Sullom Voe in Shetland, the storage facility had continued in use, but by 1991, was considered
to be of no further value. Brent Spar became an issue of public concern in 1995, when the
British government announced its support for Shell's application for its disposal in deep
Atlantic waters at North Feni Ridge (approximately 160 mi (250 km) from the west coast of
Scotland, at a depth of around 1.6 mi (2.5 km)).
Greenpeace organized a worldwide, high-profile media campaign against this plan occupying
Brent Spar for more than three weeks. In the face of public and political opposition in
northern Europe (including a widespread boycott of Shell service stations, some physical
attacks and an arson attack on a service station in Germany), Shell abandoned its plans to
dispose of Brent Spar at sea — whilst continuing to stand by its claim that this was the safest
option, both from an environmental and an industrial health and safety perspective.
Greenpeace's own reputation also suffered during the campaign, when it had to acknowledge
that its assessment of the oil remaining in Brent Spar’s storage tanks had been grossly
overestimated. Following Shell's decision to pursue only on-shore disposal options, as favoured
by Greenpeace and its supporters, Brent Spar was given temporary moorings in a Norwegian
fjord. In January 1998, Shell announced its decision to re-use much of the main structure in the
construction of new harbour facilities near Stavanger, Norway.
Growing Role & Importance of NGOs
The ability of NGOs to place issues on the global agenda does much
to enhance their ability to participate in the later stages of decision making.
As pointed out by former Canadian Foreign Minister LloydAxworthy, “Clearly, one can
no longer relegate NGOs to simple advisory or advocacy roles . . . They are now
part of the way decisions have to be made” (cited in Simmons, 1998). The
question of what constitutes meaningful civil society participation in decision making,
however, is still being explored as NGOs and intergovernmental bodies
continue to develop working relationships.
Some International NGOs - NGO Human Rights Action Centre based in
USA , Amnesty International, Human Rights Watch , Children’s Defense
Funds
International NGOs have played a key role in the USA and Europe in many areas,
three specific policy areas reflecting the responsibilities of corporations to broader
society: the trade and regulation of genetically-modified organisms (GMOs), pricing
and distribution policies in the pharmaceutical industry, and international
environmental agreements (particularly the Kyoto Treaty).
The United Nations is the intergovernmental organization that has most openly
recognized and endorsed the need to collaborate with the non-governmental
sector.
129
NGOs and Extractive Sector ( Mining, Oil and Gas )
Key Issues in Extractive Sector ( Table 2 , page 14 )
131
Evolving relationship in view of following :
4 NGO Ability to access and influence major publicly quoted companies such as
Exxon Mobil – Working with or against these companies and sometimes both is an
effective strategy to bring about change as compared to government itself as former
have reputation and stakeholder pressure to worry about .
132
Extractive Sector and NGOs
1. Earthworks
2. Mining watch , Canada
3. Minerals and People , India
4. Mineral Policy Institute , Australia
5. ---
NGOs having broader agendas but have key programs of activities focusing
specifically on Extractive Sector :
1. Oxfam
2. Human Rights Watch
3. Amnesty International
4. Human Rights First
5. ---
133
NGOs and Extractive Sector ( Mining , Oil & Gas )
• Communication
135
Strategies for effective NGO – Business Cooperation
Confrontation will not disappear, nor should it happen. Both should hold each other
Accountable for performance, governance and transparency. There is a growing
opportunity to Consult and Cooperate in following areas :
138
3. Jointly strengthen public sector governance , capacity and Institutions
139
Role of NGOs in Global Environmental Governance
NGOs involved in environmental governance are highly diverse,
including local, national, regional, and international groups with various
missions dedicated to environmental protection, sustainable
development, animal welfare, and other issues.
140
The UN Conference on Environment and Development was of particular significance
to NGOs. Agenda 21 declared the need for new forms of participation:
The 1992 Earth Summit thus affirmed that the commitment and
genuine involvement of non-state actors are critical to reaching sustainable
development goals.
141
International community has begun to recognize that effective global action
requires meaningful stakeholder involvement in international
policymaking and implementation.
NGOs and other civil society groups are not only stakeholders in governance, but
also a driving force behind greater international cooperation through the active
mobilization of public support for international agreements.
144
NGOs Accountability
NGOs accountability is a central issue for those stakeholders that fund and regulate
NGOs , beneficiary of NGOs activities or target of their advocacy campaigns or NGOs
themselves .
They are accountable when they are answerable for their performance to key
stakeholders. More than many other organizations ,INGOs have to deal with
multiple accountabilities : to donors who provide resources , to regulators responsible
for certification , to clients who use their services , to allies who cooperate in projects ,
to staff who invest their talent and time and to members who expect to be represented.
3. Risk Mapping Tools – This can be used by NGO Boards and NGO stakeholders to
asses their level of accountability, transparency, funding and standards.
4. Building Strategic Accountability System – This can be used by International
NGOs/large NGOs wanting to build strategic accountability systems defined as
organizational arrangement for recognizing, negotiating and responding to
obligations to various Stakeholders . Consists of a) assessing accountabilities,
b)negotiating expectations with stakeholders ,c) creating performance
management system and d) enabling sanctions such as rewards/recognition etc.
to promote performance
Mechanisms for achieving NGO Accountability
These can be used to actually hold NGOs to account for their Governance and
performance in different areas . Can be used by Stakeholders & NGOs themselves
Three initiatives for defining principles or standards for NGO Accountability are:
a. The code of conduct for the International Red Cross and Red Crescent
movement and NGOs in Disaster Relief – Standard for behaviour
• UN Global Compact
• Equator Principles
• National Voluntary Guidelines on Social, Environmental and
Economic Responsibilities of Business
• SA 8000
• ISO 26000
• Global Reporting Initiative
UN Global Compact
1.Do business responsibly by aligning their strategies and operations with Ten
Principles on human rights, labour, environment and anti-corruption; and
Responsible businesses enact the same values and principles wherever they have a
presence, and know that good practices in one area do not offset harm in another.
By incorporating the Global Compact principles into strategies, policies and
procedures, and establishing a culture of integrity, companies are not only
upholding their basic responsibilities to people and planet, but also setting the
stage for long-term success.
The UN Global Compact’s Ten Principles are derived from: the Universal
Declaration of Human Rights, the International Labour Organization’s Declaration
on Fundamental Principles and Rights at Work, the Rio Declaration on
Environment and Development, and the United Nations Convention Against
Corruption.
UN Global Compact 10 Principles
Human Rights
Principle 1: Businesses should support and respect the protection of internationally
proclaimed human rights; and
Principle 2: make sure that they are not complicit in human rights abuses.
Labour
Principle 3: Businesses should uphold the freedom of association and the effective
recognition of the right to collective bargaining;
Principle 4: the elimination of all forms of forced and compulsory labour;
Principle 5: the effective abolition of child labour; and
Principle 6: the elimination of discrimination in respect of employment and occupation.
Environment
Principle 7: Businesses should support a precautionary approach to environmental
challenges;
Principle 8: undertake initiatives to promote greater environmental responsibility; and
Principle 9: encourage the development and diffusion of environmentally friendly
technologies.
Anti-Corruption
Principle 10: Businesses should work against corruption in all its forms, including extortion
and bribery.
Equator Principles
EPFIs work in partnership with their clients to identify, assess and manage
environmental and social risks and impacts in a structured way, on an ongoing
basis. Such collaboration promotes sustainable environmental and social
performance and can lead to improved financial, environmental and social
outcomes.
155
Equator Principles
The Equator Principles apply to the four financial products described below
when supporting a new Project:
1. Project Finance Advisory Services where total Project capital costs are
US$10 million or more.
2. Project Finance with total Project capital costs of US$10 million or more.
here lender looks primarily to the revenues generated by a single Project ,
both as a source of repayment and as security for the exposure}
4. Bridge Loans with a tenor of less than two years that are intended to be
refinanced by Project Finance or a Project-Related Corporate Loan that is 156
anticipated to meet the relevant criteria described above.
They do not provide Project Finance or Project-Related Corporate Loans to
Projects where the client will not, or is unable to, comply with the Equator
Principles. As Bridge Loans and Project Finance Advisory Services are provided
earlier in the Project timeline, we request the client explicitly communicates their
intention to comply with the Equator Principles.
For all Category A and Category B Projects, the EPFI will require the client to conduct
an Assessment process to address, to the EPFI’s satisfaction, the relevant
environmental and social risks and impacts of the proposed Project. The
Assessment Documentation should propose measures to minimize, mitigate, and
offset adverse impacts in a manner relevant and appropriate to the nature and scale
of the proposed Project
The Assessment process should, in the first instance, address compliance with
relevant host country laws, regulations and permits that pertain to environmental
and social issues. The EPFI will require that the Assessment process evaluates
compliance with the applicable standards.
159
Equator Principles : Statement of Principles ( Cont.)
For all Category A and Category B Projects, the EPFI will require the client to
develop or maintain an Environmental and Social Management System (ESMS).
Further, an Environmental and Social Management Plan (ESMP) will be prepared by
the client to address issues raised in the Assessment process and incorporate
actions required to comply with the applicable standards. Where the applicable
standards are not met to the EPFI’s satisfaction, the client and the EPFI will agree an
Equator Principles Action Plan (AP). The Equator Principles AP is intended to
outline gaps and commitments to meet EPFI requirements in line with the
applicable standards.
160
Equator Principles : Statement of Principles ( Cont.)
Principle 5: Stakeholder Engagement
For all Category A and Category B Projects, the EPFI will require the client to
demonstrate effective Stakeholder Engagement as an ongoing process in a
structured and culturally appropriate manner with Affected Communities and,
where relevant, other Stakeholders .
161
Principle 6: Grievance Mechanism
For all Category A and, as appropriate, Category B Projects, the EPFI will require the
client, as part of the ESMS, to establish a grievance mechanism designed to receive
and facilitate resolution of concerns and grievances about the Project’s
environmental and social performance
Principle 8: Covenants
An important strength of the Equator Principles is the incorporation of covenants
linked to compliance.
For all Projects, the client will covenant in the financing documentation to comply
with all relevant host country environmental and social laws, regulations and
permits in all material respects.
163
Principle 8: Covenants( Cont.)
Where a client is not in compliance with its environmental and social covenants, the
EPFI will work with the client on remedial actions to bring the Project back into
compliance to the extent feasible. If the client fails to re-establish compliance
within an agreed grace period, the EPFI reserves the right to exercise remedies, as
considered appropriate.
Furthermore for all Category A and Category B Projects, the client will covenant the
financial documentation:
a) to comply with the ESMPs and Equator Principles AP (where applicable) during
the construction and operation of the Project in all material respects; and
b) to provide periodic reports in a format agreed with the EPFI (with the frequency
of these reports proportionate to the severity of impacts, or as required by law, but
not less than annually), prepared by in-house staff or third party experts, that i)
document compliance with the ESMPs and Equator Principles AP (where applicable),
and ii) provide representation of compliance with relevant local, state and host
country environmental and social laws, regulations and permits; and
Project Finance
To assess Project compliance with the Equator Principles and ensure ongoing
monitoring and reporting after Financial Close and over the life of the loan, the
EPFI will, for all Category A and, as appropriate, Category B Projects, require the
appointment of an Independent Environmental and Social Consultant, or require
that the client retain qualified and experienced external experts to verify its
monitoring information which would be shared with the EPFI.
165
Principle 10: Reporting and Transparency
Client Reporting Requirements
• The client will publicly report GHG emission levels (combined Scope 1 and Scope 2
Emissions) during the operational phase for Projects emitting over 100,000 tons of
CO 2 equivalent annually
EPFI Reporting Requirements : The EPFI will report publicly, at least annually, on
transactions that have reached Financial Close and on its Equator Principles
implementation processes and experience, taking into account appropriate
confidentiality requirements.
National Voluntary Guidelines on Social, Environmental and
Economic Responsibilities of Business ( MCA, GOI)
For business leaders and managers entrusted with the task of deploying the principles
of Responsible Business, it is worthwhile to understand that business boundaries today
extend well beyond the traditional walls of a factory or an operating plant and all the
way across the value chain.
Businesses are therefore encouraged to ensure that not only do they follow the
Guidelines for areas directly within their immediate control or within their sphere of
influence, but that they encourage and support their vendors, distributors, partners
and other collaborators across their value chains to follow the Guidelines as well.
The Guidelines have been articulated in the form of nine (9) Principles with the Core
Elements to actualize each of the principles.
167
National Voluntary Guidelines on Social, Environmental and
Economic Responsibilities of Business ( MCA, GOI)
Principle 1: Businesses should conduct and govern themselves
with Ethics, Transparency and Accountability
The principle recognizes that ethical conduct in all its functions and processes is the
cornerstone of responsible business.
Core Elements
1. Businesses should develop governance structures, procedures and practices
that ensure ethical conduct at all levels; and promote the adoption of this principle
across its value chain
2. Businesses should communicate transparently and assure access to information
about their decisions that impact relevant stakeholders
3. Businesses should not engage in practices that are abusive, corrupt, or anti-
competition
4. Businesses should truthfully discharge their responsibility on financial and other
mandatory disclosures.
5. Businesses should report on the status of their adoption of these Guidelines as
suggested in the reporting framework in this document.
6. Businesses should avoid complicity with the actions of any third party
168
Principle 2: Businesses should provide goods and services that are
safe and contribute to sustainability throughout their life cycle
The principle emphasizes that in order to function effectively and profitably ,
businesses should work to improve the quality of life of people. The principle
recognizes that all stages of the product life cycle, right from design
to final disposal of the goods and services after use, have an impact on society and
the environment. Responsible businesses, therefore, should engineer value in their
goods and services by keeping in mind these impacts.
The principle recognizes that human rights are the codification and
agreement of what it means to treat others with dignity and respect.
The principle imbibes its spirit from the Constitution of India, which through its
provisions of Fundamental Rights and Directive Principles of State
Policy, enshrines the achievement of human rights for all its citizens. In addition,
the principle is in consonance with the Universal Declaration of Human Rights, in
the formation of which, India played an active role.
170
Principle 7: Businesses, when engaged in influencing public and
regulatory policy, should do so in a responsible manner
The principle recognizes that businesses operate within the specified legislative and
policy frameworks prescribed by the Government, which guide their growth and also
provide for certain desirable restrictions and boundaries.
The principle acknowledges that in a democratic set-up, such legal frameworks are
developed in a collaborative manner with participation of all the stakeholders,
including businesses.
The principle emphasizes that policy advocacy must expand public good rather than
diminish it or make it available to a select few
171
Principle 9: Businesses should engage with and provide value to their customers and
consumers in a responsible manner
This principle is based on the fact that the basic aim of a business entity is to
provide goods and services to its customers in a manner that creates value for
both.
The principle acknowledges that no business entity can exist or survive in the
absence of its customers.
The principle recognizes that customers have the freedom of choice in the selection
and usage of goods and services, and that the enterprises will strive to make
available goods that are safe, competitively priced, easy to use and safe to dispose
off, for the benefit of their customers
The principle also recognizes that businesses have an obligation to mitigating the
long term adverse impacts that excessive consumption may have on the overall
well-being of individuals, society and our
172
Social Accountability 8000
SA8000 standard can be used along with the SA8000 Guidance Document to assess the
compliance of a workplace with these standards.
173
The intent of SA8000 is to provide a standard based on international human
rights norms and national labour laws that will protect and empower all
personnel within a company’s scope of control and influence, who
produce products or provide services for that company, including
personnel employed by the company itself, as well as by its
suppliers/subcontractors, sub-suppliers, and home
workers.
The standard covers requirements with respect to child labor, forced labor, Health
& Safety at workplace , Disciplinary practices, Discrimination , Working hours,
Freedom of association , Right to collective bargaining and management systems
including control of suppliers, sub-suppliers and sub- contractors & Outside
Communication and stakeholder engagement.
Social Accountability 8000 Contents
3. Definitions
The standard was launched in 2010 following five years of negotiations between
many different stakeholders across the world. Representatives from government,
NGOs, industry, consumer groups and labour organizations around the world were
involved in its development, which means it represents an international consensus.
176
ISO 26000 standard provides guidance on :
• The seven core subjects and issues pertaining to social responsibility : Organizational
Governance , Human Rights, Labour Practices, The environment, Fair operating practices ,
Consumer issues and Community involvement and Development
ISO
26000
UN
Working UN
Group on Sustainable
Business & Developme
Human nt Goals
Rights
OECD
Guidelines
ISO 26000 can be used by any organization,
for example:
• large multi-national corporations
• small and medium size enterprises
• the public sector (hospitals, schools or others)
• foundations, charities and NGOs
• extractive industries, such as mining and fossil fuel
companies
• service and financial industries (banks, IT, insurance)
THE CORE CONTENT
• Seven principles
• Seven core subjects and their related issues
• Stakeholder engagement
The 7 Principles
1. Accountability
2. Transparency
3. Ethical behaviour
4. Respect for stakeholder interests
5. Respect for the rule of law
6. Respect for international norms of behavior
7. Respect for human rights
Accountability and Transparency
Community
Involvement Human
and Rights
Development
Organizational
Consumer
Issues Labour
Organization Practices
Governance
The
Fair Operating Environment
Practices
The 7 core subjects
• Each of the 7 core
subjects is relevant to See Appendix for the
every organization and
should be considered. complete list of issues
for each Core Subject
• Users then review
specific issues (37 in all)
listed under each core
subject to identify those
issues that are relevant
and significant.
• Not all of the 37 specific
issues will be relevant to
each user.
Core subject: Human rights
• ISO 26000 encourages users to identify and respond to
members of vulnerable groups within their sphere of influence
• Users should avoid complicity; that is, avoid assisting those
abusing others, and avoid benefiting directly from abuses
committed by someone else
203
Importance of Reporting
• To build trust
• To demonstrate clear purpose, vision and mission
• To enhance business reputation
• To provide information to interested stakeholders
• To demonstrate commitment to operate business in a responsible way
204
GRI G4 Guidelines
The GRI Sustainability Reporting Guidelines (the Guidelines) offer Reporting
Principles, Standard Disclosures and an Implementation Manual for the
preparation of sustainability reports by organizations, regardless of their
size, sector or location.
205
According to the GRI, a leading global non-profit organization,
sustainability includes an organization’s economic, social, and
environmental impacts and its initiative to better inform the
stakeholders on sustainability matters. Therefore, sustainability is
considered more encompassing than traditional approaches to CSR
because it not only suggests ways in which companies can make their
operations more responsible, but also provides a specific format for
communicating this information to stakeholders
Each option can be applied by all organizations, regardless of their size, sector or
location. The focus of both options is on the process of identifying material Aspects.
Material Aspects are those that reflect the organization’s significant economic,
environmental and social impacts; or substantively influence the assessments and
decisions of stakeholders.
The Core option contains the essential elements of a sustainability report. The Core
option provides the background against which an organization communicates the
impacts of its economic, environmental and social and governance performance.
208
GRI G 4 Indicators
Economic – 9
Environmental – 34
209
Economic Performance Indicators
210
Economic indicators
211
Category – Economic ( G4 EC1 – EC 9)
Sub- categories
• Economic Performance
• Market Presence
• Procurement Practices
212
Environmental Performance Indicators
213
Environmental Indicators ( G4 EN 1- EN 34 )
214
Environmental indicators concern a company’s impact on:
• Living and non-living natural systems, including eco-systems, land, air
and water.
• Impact of products and services on environment
• Energy, material and water use by company
• Extent of greenhouse gas and other emissions
• Extent of effluents and waste generation
• Impacts on biodiversity
• Use of hazardous materials
• Measures to ensure recycling and prevent pollution
• Measures for waste reduction
• Other environmental programs
• Environmental expenditures
• Fines and penalties for non-compliance.
215
Category – Environmental
Sub- categories
• Materials
• Energy
• Water
• Biodiversity
• Emissions
• Effluents and Waste
• Products and Services
• Compliance
• Transport
• Overall
• Supplier Environmental Assessment
• Environmental Grievance Mechanisms
216
Social Performance Indicators
217
Social indicators concern an organization’s impact on the social
systems within which it operates.
GRI social indicators are grouped into three clusters, labour practices (e.g.
diversity, employee health and safety), human rights (e.g. child labour,
compliance issues), and broader social issues affecting consumers,
communities, and other stakeholders (e.g. bribery and corruption,
community relations). Because many social issues are not easily
quantifiable, GRI requests qualitative information where appropriate.
218
Category-Social
Sub- Categories
219
Category – Social
• Employment
• Labour/Management Relations
• Occupational Health and Safety
• Training and Education
• Diversity and Equal Opportunity
• Equal Remuneration for Women and Men
• Supplier Assessment for Labor Practices
• Labour Practices Grievance Mechanisms
220
Category – Social
Subcategory - Human Rights ( G4 HR 1 – HR 12 )
Investment
Non-discrimination
Freedom of Association and Collective Bargaining
Child Labour
Forced or Compulsory Labour
Security Practices
Indigenous Rights
Assessment
Supplier Human Rights Assessment
Human Rights Grievance Mechanisms
221
Category – Social
Society ( G4 SO 1 – SO 11 )
Local Communities
Anti-corruption
Public Policy
Anti-competitive Behaviour
Compliance
Supplier Assessment for Impacts on Society
Grievance Mechanisms for Impacts on Society
222
Category – Social
223
GRI G 4 Indicators Performance Indicators