COVID-19: A Rapid Human Rights Due Diligence Tool for Companies

Authors

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  Dunstan Allison-Hope

  Senior Advisor, BSR

  

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  Dunstan Allison-Hope

  Senior Advisor, BSR

  

  San Francisco

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  Dunstan leads BSR’s work at the intersection of technology and human rights.

  Previously, Dunstan led BSR’s information and communications technology, heavy manufacturing, and human rights teams.

  He brings significant experience working on a diverse range of engagements and issues, including human rights due diligence, privacy and freedom of expression, sustainability reporting and strategy, and stakeholder engagement.

  Dunstan facilitated the multistakeholder process of developing global principles on freedom of expression and privacy, which led to the launch of the Global Network Initiative in October 2008. He also helped create the Electronic Industry Citizenship Coalition, a collaborative initiative of more than 100 ICT companies improving conditions in their supply chains. Dunstan participated in the process of creating the Global Reporting Initiative G3 guidelines, and he is a regular commentator on issues of corporate accountability, reporting, and human rights. He also co-authored the 2010 book Big Business, Big Responsibilities.

  Prior to joining BSR in 2004, Dunstan was part of British Telecommunications' corporate responsibility team.

  Dunstan has an M.Prof. in Sustainable Development from Forum for the Future.

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• 

  Jenny Vaughan

  Managing Director, Human Rights, BSR

  

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  Jenny Vaughan

  Managing Director, Human Rights, BSR

  

  San Francisco

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  Jenny leads BSR’s human rights team and portfolio across consulting and collaboration. In addition to directing BSR’s Human Rights Working Group, Jenny leads human rights assessments and partners with companies to develop human rights strategies and stakeholder engagement plans. She works across industries with a focus on energy, technology, and conflict-affected and high-risk contexts.

  Prior to joining BSR, Jenny worked at Mercy Corps for over a decade in field management and advisory roles to prevent and mitigate conflict, promote inclusive economic development, and build civil society capacity. As the organization’s first Peace and Governance Director in Myanmar and later as the Director of the Peace and Conflict technical advisory team, she designed and implemented programs to reduce violence, promote peace and development, and address critical and emerging threats like climate change, disruptive technology, and poor governance. She has experience in context analysis, stakeholder engagement, negotiation, project design and implementation, and strategic planning. Jenny has lived and worked in countries including Myanmar, Indonesia, Nepal, Israel/Occupied Palestinian Territories, Ethiopia, Kenya, Uganda, Nigeria, Central African Republic, and Cameroon. 

  Jenny holds a MA in International Relations from the Johns Hopkins School of Advanced International Studies and a BA in Psychology from the University of Wisconsin at Madison.

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The critical role of business during the time of COVID-19 is clear for everyone to see. Whether it is providing access to accurate information, continuing to pay hourly waged staff, or ensuring continuity of emergency supplies, companies are central to our collective response.

It also seems clear that this role won’t just continue, but it will intensify and become more difficult over time. Companies are going to run low on income, operate with reduced human capacity, and face increasing pressure from governments to assist with emergency COVID-19 efforts.

The severity of the COVID-19 pandemic has reached such a level of imminent threat to public health that restrictions on certain human rights, such as limiting freedom of movement, appear to be justified. A lot has been written about human rights and the role of governments during this time of emergency, such as this analysis from Human Rights Watch on the application of human rights law and this appeal from leading UN human rights experts for states not to abuse emergency measures to suppress human rights.

But this begs a critically important question: what are the key human rights principles for companies to uphold during this public emergency?

While noting that public health may be invoked as grounds for limiting certain human rights, such measures should only be specifically aimed at preventing disease or providing care.

The UN Guiding Principles on Business and Human Rights (UNGPs) expect companies to identify and assess actual or potential adverse human rights impacts and to take appropriate action to address them. Under normal circumstances, companies have weeks, months, or even years to complete this due diligence; not so in the age of COVID-19, when decisions are being made by the hour.

Using the UNGPs and the various human rights principles, standards, and methodologies upon which the UNGPs were built, BSR had previously developed a rapid human rights due diligence tool to help with this rapid decision-making challenge. We’re making this tool publicly available today.

The range of human rights issues at stake today is huge:

• Under what circumstances might a company share personal data with others—such as governments, public health agencies, researchers, or civil society organizations—to support public health efforts?
• In what circumstances—such as the provision of essential products and services—should employees be required to continue working for the public good even though it may adversely impact their own health and safety?
• How should companies act if governments abuse their emergency powers by limiting human rights by more or for longer than is necessary?

The BSR tool guides companies through human rights due diligence in situations when very little time is available. The tool also makes specific reference to the Siracusa Principles, adopted by the UN Economic and Social Council in 1984, which describe limitations on the restriction on human rights that governments may apply for reasons of public health or national emergency.

While noting that public health may be invoked as grounds for limiting certain human rights, such measures should only be specifically aimed at preventing disease or providing care. The Siracusa Principles set out very important guardrails, such as being undertaken in accordance with law, being directed towards a legitimate aim, being proportionate to that aim, being strictly necessary, using no more restrictive means than are required for the achievement of the purpose of the limitation, and being of limited duration.

BSR member companies are welcome to get in touch with Jenny Vaughan for further guidance on this dynamic situation and assistance using this tool and tailoring it to your unique needs.

Download the Tool