Submission on Working Outline of Ireland s National Plan on Business & Human Rights

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1 Submission on Working Outline of Ireland s National Plan on Business & Human Rights January 2016 Kara McGann 1

2 Submission on Working Outline of Ireland s National Plan on Business and Human Rights January 2016 Ibec congratulates the Department of Foreign Affairs and Trade for the work they have engaged in developing the Working Outline of Ireland s National Plan on Business and Human Rights. As an active member of the IOE and the ILO, Ibec is cognisant of the importance of human rights to how we do business for individuals, societies and organisations alike. As a modern and progressive country, Ireland takes its responsibilities as part of the global community seriously. This means having regard to international law and norms, while at the same time seeking to respect and maintain our national systems and practices and robust legislation which has served us well. The proposed National Plan is building on a strong foundation of commitment to equality, diversity and human rights within Irish society and business. Ireland has a strong record for ratifying international Human Rights Conventions (e.g. the International Convention on the Rights of Persons with Disabilities) and is leading the way on key equality issues such as becoming the first country to legalise marriage equality on May 23 rd 2015 while also making strides to protect the right of samesex couples to adopt children. Government and business have worked together to tackle the unemployment crisis. This has been achieved through job creation, training, upskilling and reskilling and providing the opportunity for work experience to address poverty and inequality and get people back into employment. In addition, Government and business are collaborating on the Comprehensive Employment Strategy for People with Disabilities to address the barriers and challenges that effect the employment of people with disabilities. Ireland has a strong history and body of legislation across the full spectrum of employment rights, from the national minimum wage Ireland has the fifth highest minimum wage in Europe, the provision of information and consultation, consumer and environmental protection and equality to name but a few. All of these are supplemented by a strong legislative base which organisations in Ireland already embrace. As members of the EU our employment rights framework is compliant with the principles of equality and a range of other protections against unfair dismissal, entitlements to various forms of leave and a structural framework for the management of company restructuring. Therefore these should be excluded from the scope of any assessment or study commissioned under this Working Outline (Action Point 8). 2

3 It is worth noting that the Industrial Relations Amendment Act 2015 was enacted and clarified some of the key terms and principles outlined by the Industrial Relations Act 2001 and its associated Act of This includes a definition of collective bargaining and classification of what constitutes a Trade Dispute. Our system of industrial relations is based on a voluntarist approach with terms and conditions of employment being determined in the main by a process of voluntary negotiation between parties without State intervention supported by a breadth of statutory rights and provisions. It is vital in the application of the new Act that Ireland s voluntarist tradition of industrial relations is respected and that companies who favour a direct engagement model continue to be allowed freedom to do so. Regarding Action Point 20 - responsible sourcing primarily depends on regulatory frameworks applied in resource-holding countries. Although desirable, lack of such legislation as well as lack of proper enforcement and monitoring imposes significant challenges to companies in their efforts to prove that their supply chain - in particular the mine to smelter part - is clean of conflict minerals. Under these circumstances, coordinated efforts at local, regional and international level, that jointly address sourcing and good governance issues, would significantly improve the situation. Any EU initiative alone would not reach the necessary critical mass unless other major players are taking comparable measures as well. It would be important that clear parameters are set in place for any adoption which would include voluntary participation, a clear phasing in period, a concentration on the four minerals identified and a set of measures that engages other partners. The development of the proposed practical toolkit on business and human rights for public and private entities (Action Point 40) would be a valuable resource for employers. This and the webpage capturing human rights information and tools will provide a useful resource for organisations to access pertinent and current information (Action Point 48). In addition to the outlined contents of the toolkit it would be useful if it also provided templates and case studies to illustrate how human rights focused initiatives can be developed. However it would be important to avoid onerous and unnecessary duplication by requiring businesses to have policies and processes in place in the context where the human rights impact of business is already captured in existing legislation and protections. This includes legislation concerning employment rights, equality, anti-discrimination, health and safety, environmental rights and consumer rights. If there is any frailty in human rights it should be addressed through those existing pieces of legislation. 3

4 We support engagement with mediation as a voluntary process as it can be a useful resource to assist parties in resolving differences. While operational level grievance mechanisms are already in place for individuals, including facilities for community grievances to be aired on a voluntary basis is worth exploring (Action Point 53). However, any non voluntarist process or remedy should be left to national courts within existing common and national law. We welcome the attention given to clarifying and raising awareness for business regarding their responsibilities to help them comply and engage around human rights in the form of specific guidance toolkits in addition to Embassy advice. It would be of further assistance if in addition to the practical toolkit that workshops could be rolled out by Government to embed best practice and the UNGPs for employers. Many employers are engaged in excellent human rights practices and learning from these examples and sharing these case studies with other employers could offer clarity and confidence to organisations embarking on a deliberate focus on human rights. Conclusion Ibec welcome the Working Outline and believe that it has achieved a lot in delineating how Ireland will incorporate the Protect, Respect, Remedy framework. Responsible action by the private sector on human rights is good for business and communities; it helps create jobs, customers and a sense of fairness; it contributes to a market s sustainability and therefore its potential to generate longterm growth. A long-term, mutually beneficial relationship between business and its key stakeholders is necessary to enable us to address critical local and international challenges, support an international level playing field and to ensure the future wellbeing of the Irish economy, society and environment by increasing productivity, fostering innovation and reducing business costs, while maintaining and respecting human rights and a responsible approach towards the treatment of people, societies and the environment organisations operate in. 4

5 Ibec Head Office Galway Cork Ibec Europe 84/86 Lower Baggot Street Ross House Knockrea House Avenue de Cortenbergh Dublin 2 Victoria Place Douglas Road 89, Box 2 T: Galway Cork B-1000 Brussels BELGIUM T: + 32 (0) Limerick Donegal Waterford Gardner House Bank Place 3rd Floor, Pier One Quay Street Business Park Cork Road Charlotte Quay Limerick Donegal Town Donegal Waterford T: T: T: