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FINANCE AGAINST TRAFFICKING
The Business of Traffick in Humans Workshop
Oxford University, 8th May 2014
Applying the UNGPs in the fight against
Trafficking: Practical Approach for Business
Colleen Theron
Director, Finance Against Trafficking
 set of universal standards
 prevent companies violating human rights
 ensure adequate redress
 not legally binding -but based on international law
 universally applicable benchmarks
 UK context
 Action Plan on Business and Human Rights
 Legal developments
What is the legal context?
 Potential for liability is rising:
 Contractual requirements
 Reliance on disclosures
 Eg: investment funds and asset managers
 A range of measures in support of the UN Guiding
Principles are coming into play, eg:
 EU Calling for national action plans
 Consultative process in US and UK
 Review of adminsitrative process in the
Netherlands
 ASEAN intergovernmental commission on human
rights has initiated a study on CSR and human
rights in the region
Harder than soft law ?
 Article 8 of International Covenant on Civil and Political
Rights provides:
‘ all humans shall have the right not to be subjected to
slavery, servitude or forced labour’
 human trafficking by definition involves exploitation in the
form of slavery, forced labour, including prostitution and
therefore all human trafficking is automatically a violation
of these human rights
 children: any form of movement or transportation
whether their consent is given or not is a form of
trafficking’
How are these human rights relevant to human trafficking?
 any company can be measured against them
 can be criticized by civil society
 risks to companies:
• legal and regulatory
• reputational
• operational
Why should companies know about them?
 Directly: recruiting, transporting, harbouring or receiving
 Indirectly: business premises, products or services
 By association: suppliers, sub contractors or business
partners
 Through investment: in companies connected to human
rights violations
How can business be connected to these human rights
violations?
 Guiding principles identify corporate responsibility:
• respecting human rights
• taking account of impacts
• creating a policy
• internal due diligence
• integration into internal processes
• reporting
• remediation of problems
Operational principles for companies
 address their strategy
 address their risks
 address their operational procedures
 Chainchecker
 what about reporting?
How should companies go about doing this?
To raise awareness of trafficking risks within a company
and their obligations under law (international and local)
We are promoting and offering best practice:
• Anti Money Laundering
• Ruggie, UN Guiding principles
• Policies, processes and procedures
• Legal frameworks
• Supply chain audits
• Training
• Employee engagement
• Tools and Resources - Chainchecker
Finance Against Trafficking – What we do
ChainChecker
Bottom Up: Supported by community programmes
Business must also engage with and educate:
• Community leaders, student groups, mothers,
teenagers and children
and build sustainable communities and families by providing:
• Job security
• Living wages
• Access to education and healthcare
Such measures help to reduce both the supply and demand
for trafficked labour
Thank you.
Any questions?

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The Business of Traffick in Humans workshop

  • 1. FINANCE AGAINST TRAFFICKING The Business of Traffick in Humans Workshop Oxford University, 8th May 2014 Applying the UNGPs in the fight against Trafficking: Practical Approach for Business Colleen Theron Director, Finance Against Trafficking
  • 2.  set of universal standards  prevent companies violating human rights  ensure adequate redress  not legally binding -but based on international law  universally applicable benchmarks  UK context  Action Plan on Business and Human Rights  Legal developments What is the legal context?
  • 3.  Potential for liability is rising:  Contractual requirements  Reliance on disclosures  Eg: investment funds and asset managers  A range of measures in support of the UN Guiding Principles are coming into play, eg:  EU Calling for national action plans  Consultative process in US and UK  Review of adminsitrative process in the Netherlands  ASEAN intergovernmental commission on human rights has initiated a study on CSR and human rights in the region Harder than soft law ?
  • 4.  Article 8 of International Covenant on Civil and Political Rights provides: ‘ all humans shall have the right not to be subjected to slavery, servitude or forced labour’  human trafficking by definition involves exploitation in the form of slavery, forced labour, including prostitution and therefore all human trafficking is automatically a violation of these human rights  children: any form of movement or transportation whether their consent is given or not is a form of trafficking’ How are these human rights relevant to human trafficking?
  • 5.  any company can be measured against them  can be criticized by civil society  risks to companies: • legal and regulatory • reputational • operational Why should companies know about them?
  • 6.  Directly: recruiting, transporting, harbouring or receiving  Indirectly: business premises, products or services  By association: suppliers, sub contractors or business partners  Through investment: in companies connected to human rights violations How can business be connected to these human rights violations?
  • 7.  Guiding principles identify corporate responsibility: • respecting human rights • taking account of impacts • creating a policy • internal due diligence • integration into internal processes • reporting • remediation of problems Operational principles for companies
  • 8.  address their strategy  address their risks  address their operational procedures  Chainchecker  what about reporting? How should companies go about doing this?
  • 9. To raise awareness of trafficking risks within a company and their obligations under law (international and local) We are promoting and offering best practice: • Anti Money Laundering • Ruggie, UN Guiding principles • Policies, processes and procedures • Legal frameworks • Supply chain audits • Training • Employee engagement • Tools and Resources - Chainchecker Finance Against Trafficking – What we do
  • 11. Bottom Up: Supported by community programmes Business must also engage with and educate: • Community leaders, student groups, mothers, teenagers and children and build sustainable communities and families by providing: • Job security • Living wages • Access to education and healthcare Such measures help to reduce both the supply and demand for trafficked labour