Business and Human Rights

Business, Human Rights, and Unexpected Laughs in Gummersbach (and Cologne and Berlin)

When I was given the opportunity to apply for the IAF Seminar on Business and Human Rights, my immediate thoughts were, “C-S-Triple D” and, of course, “Germany, woohoo!”. Who wouldn’t jump at the chance to go abroad when it’s offered right to your face? How far Gummersbach was, or even where it was, was the least of my concerns. I thought this was the perfect chance to get away from all the hecticness, recharge and be more productive over the two weeks. I convinced myself I could easily juggle work and this seminar. Easy peasy, lemon squeezy.

I was wrong… and right.

I was wrong in thinking I could multitask. The seminar wasn’t too overwhelming, but it did require our full attention and for us to be “present”. And by “present”, I mean both physically and mentally. Let’s be honest: how many of us attend seminars or programmes and only pay one-third of our attention to the sessions? I tried to be “present” and, to my credit, I’d say I was 99.9 percent present. That 0.1 percent? Well, that was when I was in a daze or got lost in thoughts trying to remember all my questions and reflections.

I was right about one thing, though: the seminar gave me the much-needed break to recharge. What came with that was a sense of clarity and feeling refreshed. And for that, I’m truly grateful for the opportunity.

Before I dive into the insights and reflections I gained from the seminar, I want to point out that this wasn’t your typical, run-of-the-mill seminar––at least not for me. What I expected to be a long, two-week commitment turned out to be one of the most memorable and fulfilling experiences. Not only did the sessions spark critical thinking on issues outside of our usual comfort zone, but the relationships and skills built outside these sessions were invaluable.

You learn more about yourself––your friends and enemies of learning (hello, learning curve), your weaknesses, your strengths, and your values. I even discovered, thanks to my peers, that I have a dry sense of humour. Who knew?  If you’re shy, you’ll definitely come out of your shell because 1) you’re in a small group where you will quickly get comfortable with one another, 2) you’re surrounded by people you can relate to (though there will be disagreements on certain issues), and 3) once you take that leap of faith, you’ll be comfortable sharing your thoughts. You’ll find yourself stepping outside your comfort zone, in a good way. You’ll learn how to communicate in different settings, agree to disagree, and learn from each other.

Our facilitators, Clinton and Marike, made the seminar even more memorable. They navigated us through the two weeks like seasoned captains, steering the ship in the right direction.

Most importantly, you’ll leave this experience with lifelong friends. Friends who’ll even convince you to visit them for the best food in their country!

Substance-wise, we were fortunate to engage with various perspectives with knowledgeable resource persons. Some views were contradictory, some relatable, but all were thought-provoking. They pushed us to think critically, sometimes leaving us on the edge of our seats.

We covered a lot of ground, starting with an overview of human rights. We discussed the indivisibility, inalienability, interdependence, and universality of the rights. We also reflected on what the liberal ideal of a strong state would be and how regulations like the German Supply Chain Act and the Corporate Sustainability Due Diligence Directive (CSDDD) would impact human rights.

A strong state, we learned, sets incentives over sanctions. It sets clear rules but limits intervention. It doesn’t dictate terms; instead, it cooperates and negotiates. It offers training and protects freedom of expression. As one of our resource persons, Rainer Heufers, put it:

“Nothing will be good enough.”

“The more you promise, the more people expect from you.”

These regulations are in place as a motivation to protect human rights and the environment. Effects are felt by businesses where these regulations require companies to have an increased cost of compliance (which may be absorbed in the price of products being sold and consequently would affect the purchasing power of the final products) and may possibly lead to companies shifting to a market with less stringent regulations.

On the flip side, others see these regulations as a way to foster corporate behaviour, ensure that human rights and the environment are considered in companies’ operations and decision-making, and hold corporations accountable for their actions. We’ve seen and heard companies being called out for forced labour practices.

This is where human rights due diligence (HRDD) comes in (see Pillar 2, GP 17). Companies ought to conduct HRDD to identify, prevent, mitigate and address their adverse human rights impacts. But before they can do that, they need to first have policies and processes in place. 

But why should businesses do HRDD?

Well, aside from the obvious reasons (like managing their reputation and complying with the law), it’s simply the right thing to do.

Two were of focus: the German Supply Chain Act and the CSDDD. The German Supply Chain Act applies to companies with headquarters or branches in Germany, requiring them to exercise human rights and environmental due diligence along their supply chains. Suppliers of these companies are indirectly impacted too. As for the CSDDD, some of us wondered how this regulation would trickle down to Southeast Asia, where many of our micro-, small, and medium-sized enterprises (MSMEs) are part of the global supply chains? Will it have the positive impact it’s intended to? As a peer from the seminar said, making reference to the Game of Thrones, “Winter is coming”.

I won’t dive into the philosophical discussions on corporate social responsibility simply because I’m yet to digest my own reflections from this particular session.

Here’s some food for thought: Businesses often share they aren’t ready for compliance (understanding that especially for smaller companies, resources and capacity play a big role in this matter), and this was also the case in one of our sessions. But when will they ever be “ready”? How can external stakeholders support them so that compliance isn’t just a “tick-the-box” exercise?

At the end of the day, businesses can pursue profit, but not at the expense of people’s rights and livelihoods. We’re all connected in this shared responsibility––governments, business and stakeholders alike. We shouldn’t see each other as adversaries (if you do see it that way) but as cooperative partners.

… And circling back to the purpose of this write-up: I would never say no to attending another IAF seminar if given the opportunity again!