Improving Accountability and Access to Remedy for Victims of Business-Related Human Rights Abuse

Shift supported two rounds of workshops with member states that fed into this report’s development, particularly the recommendations on cross-border cases. The overview below is excerpted from the report.

Overview

The present report sets out guidance to improve accountability and access to remedy for victims of business-related human rights abuses, following the Accountability and Remedy Project of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and in response to the request by the Human Rights Council in its resolution 26/22.

The report comprises two parts. The first part provides an introduction to the guidance, including an explanation of its scope, potential usage and important cross-cutting contextual issues. This is followed, in the annex, by the guidance itself, which takes the form of “policy objectives” for domestic legal responses, supported by a series of elements intended to demonstrate the different ways in which States can work towards meeting those objectives in practice. The report is complemented by an addendum (A/HRC/32/19/Add.1), prepared as a companion to the guidance, providing additional explanation and context drawn from the two-year research process of OHCHR.

Accountability and access to remedy: the urgent need for action

Business enterprises can be involved with human rights abuses in many different ways; because of the adverse impacts that business enterprises may cause or contribute to through their own activities, or by virtue of their business relationships. Ensuring the legal accountability of business enterprises and access to effective remedy for persons affected by such abuses is a vital part of a State’s duty to protect against business-related human rights abuse.

At present, accountability and remedy in such cases is often elusive. Although causing or contributing to severe human rights abuses would amount to a crime in many jurisdictions, business enterprises are seldom the subject of law enforcement and criminal sanctions.

Human rights impacts caused by business activities give rise to causes of action in many jurisdictions, yet private claims often fail to proceed to judgment and, where a legal remedy is obtained, it frequently does not meet the international standard of “adequate, effective and prompt reparation for harm suffered”.

State-based judicial mechanisms are not the only means of achieving accountability and access to remedy in cases of business-related human rights abuses. Other possibilities may include State-based non-judicial mechanisms and non-State grievance mechanisms, such as operational level grievance mechanisms. However, effective State-based judicial mechanisms are “at the core of ensuring access to remedy”.

Those seeking to use judicial mechanisms to obtain a remedy face many challenges. While those challenges vary from jurisdiction to jurisdiction, there are persistent problems common to many jurisdictions. These include fragmented, poorly designed or incomplete legal regimes; lack of legal development; lack of awareness of the scope and operation of regimes; structural complexities within business enterprises; problems in gaining access to sufficient funding for private law claims; and a lack of enforcement. Those problems have all contributed to a system of domestic law remedies that is “patchy, unpredictable, often ineffective and fragile”.

The challenges are exacerbated in cross-border cases. While many domestic legal regimes focus primarily on within-territory business activities and impacts, the realities of global supply chains, cross-border trade, investment, communications and movement of people are placing new demands on domestic legal regimes and those responsible for enforcing them. 

The experiences of those seeking remedy suggest that there remain serious deficiencies in the implementation by many States of their international obligations with respect to access to remedy. The right to an effective remedy for harm is a core tenet of international human rights law. The obligations of States with respect to this right have been reflected in the Guiding Principles on Business and Human Rights: Implementing the Protect, Respect and Remedy Framework in terms of a “State duty to protect” against business-related human rights abuses, of which providing access to an effective remedy is an integral part.

Rectifying these deficiencies — which, in many cases, are rooted in wider social, economic and legal challenges — will not be straightforward. It will require concerted and multifaceted efforts from all States, encompassing actions relating to law reform and legal development, improvements to the functioning of judicial mechanisms, law enforcement, policy development and closer international cooperation. However, this is essential work towards realizing the imperatives of accountability and remedy for business-related human rights abuses.

Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms

The summary is excerpted from the resource.

Summary

With this guide, the International Federation for Human Rights (FIDH) seeks to provide a practical tool for victims, and their (legal) representatives, NGOs and other civil society groups (unions, peasant associations, social movements, activists) to seek justice and obtain reparation for victims of human rights abuses involving multinational corporations. To do so, the guide explores the different judicial and non-judicial recourse mechanisms available to victims.

In practice, strategies for seeking justice are not limited to the use of recourse mechanisms, and various other strategies have been used in the past. Civil society organisations have for instance set up innovative campaigns on various issues such as baby-milk marketing in Global South countries, sweatshops in the textile industry profiting multinationals or illicit diamond trafficking fuelling conflicts in Africa. Such actions have yielded results and can turn out to be equally (or even more) effective than using formal channels. While this guide will not focus on such strategies, they are often used alongside and reinforce the use of recourse mechanisms. The main focus of this guide is violations committed in third countries by or with the support of a multinational company, its subsidiary or its commercial partner. Hence, the guide focuses in particular on the use of extraterritorial jurisdiction to strengthen corporate accountability.

This guide does not address challenges specifically faced by small and medium-size enterprises. While all types of enterprise play a crucial role in ensuring respect for human rights, we focus on multinational groups. At the top of the chain, it is considered that they have the power to change practices and behaviours, that their behaviour conditions the rest of the chain and that they are in a position to influence their commercial partners, including small and medium-size enterprises. The guide is comprised of five sections. Each examines a different type of instrument.

The first section looks at mechanisms to address the responsibility of States to ensure the protection of human rights. International and regional intergovernmental mechanisms of quasi-judicial nature are explored, namely the United Nations system for the protection of human rights (Treaty Bodies and Special Procedures), the International Labour Organisation complaint mechanisms and regional systems for the protection of human rights at the European, Inter-American and African levels, including possibilities provided by African economic community tribunals.

The second section explores legal options for victims to hold a company liable for violations committed abroad. The first part analyses opportunities for victims to engage States’ extraterritorial obligations, e.g., to seek redress from parent companies both for civil and criminal liability. The section then goes on to explore the promising yet still very limited windows of opportunity within international tribunals and the International Criminal Court. The guide sets out the conditions under which courts of home States of parent companies may have jurisdiction over human rights violations committed by or with the complicity of multinationals. The obstacles that victims tend to face when dealing with transnational litigation — which are numerous and important — are highlighted. While this section does not pretend to provide an exhaustive overview of all existing legal possibilities, it emphasizes different legal systems, mostly those of the European Union and the United States. In addition to practical considerations, this choice is also justified by the fact that parent companies of multinational corporations are often located in the US and the EU (although many are now based in emerging countries); the volume of legal proceedings against multinationals head-quartered in these countries has increased; and, these legal systems present interesting procedures to hold companies (or their directors) accountable for abuses committed abroad.

The third section looks at mediation mechanisms that have the potential to address directly the responsibility of companies. With a particular focus on the OECD Guidelines for Multinational Enterprises and the National Contact Points countries set up to ensure respect of the guidelines, the section looks at the process, advantages and disadvantages of this procedure. The section also briefly highlights developments within National Human Rights Institutions and other innovative ombudsman initiatives.

The fourth section touches upon one of the driving forces of corporate activities: the financial support companies receive. The first part reviews complaints mechanisms available within International Financial Institutions as well as regional development banks that are available to people affected by projects financed by these institutions. Largely criticized by civil society organisations in the last decades, these institutions have faced increased pressure to adapt their functioning for greater coherence between their mandate and the projects they finance. Most of the regional banks addressed in this guide have gone through recent consultation processes and subsequent changes of their policies, standards and structure of their complaint mechanisms. Their use presents interesting potential for victims. The second part looks at available mechanisms within export-credit agencies, as public actors are being increasingly scrutinized for their involvement in financing projects with high risks of human rights abuses. Not forgetting the role private banks can play in fuelling human rights violations, the third part of this section addresses one initiative of the private sector, namely the Equator Principles for private banks. The fourth and last part of this section discusses ways to engage with the shareholders of a company. Shareholder activism is an emerging trend that may represent a viable way to raise awareness of shareholders on violations that may be occurring with their financial support. Even more important, the increasing attention paid by investors (in particular institutional investors) to environmental, social and governance criteria can be a powerful lever.

Last but not least, the fifth section explores voluntary initiatives set up through multistakeholder, sectoral or company-based CSR initiatives. As mentioned above, various companies have publicly committed to respect human rights principles and environmental standards. As far as implementation is concerned, a number of grievance mechanisms have been put in place and can, depending on the context, contribute to solve situations of conflict. Interestingly, such commitments may also be used, including through legal processes by victims and other interested groups such as consumers to ensure that companies live up to their commitments. This section provides an overview of such avenues.

Business and Human Rights: A Five-Step Guide for Company Boards

Also see: Our Viewpoint | Launch press release

This resource was developed by Shift and the UK Equality and Human Rights Commission. It reflects input from directors and other senior corporate officers. The summary below is excerpted from the resource.

What is the aim of this publication?

This guide is primarily for boards of companies, particularly those in the UK (it is published by the UK Equality and Human Rights Commission, the National Human Rights Institution of the UK). It sets out five steps boards should follow to satisfy themselves that their companies identify, mitigate and report on the human rights impacts of their activities. These steps will also help boards to reflect their leadership and fiduciary duties.

This guide also provides advice on how boards can meet the UN Guiding Principles on Business and Human Rights, the global standard, which outline the role of business and governments in respecting human rights. The Guiding Principles do not create any new international legal obligations on companies, but they can help boards to operate with respect for human rights and meet their legal responsibilities set out in domestic laws.

The five steps

[The Equality and Human Rights Commission] recommends that boards should follow five steps to ensure that their company is fulfilling its responsibility to respect human rights in a robust and coherent manner that meets the expectations of the UN Guiding Principles and UK statutory reporting obligations. Boards should be aware of the company’s salient, or most severe, human rights risks, and ensure the company:

  1. Embeds the responsibility to respect human rights into its culture, knowledge and practices;
  2. Identifies and understands its salient, or most severe, risks to human rights;
  3. Systematically addresses its salient, or most severe, risks to human rights and provides for remedy when needed;
  4. Engages with stakeholders to inform its approach to addressing human rights risks;
  5. Reports on its salient, or most severe, human rights risks and meets regulatory reporting requirements.

Human rights due diligence: questions for boards to ask of their executive teams

(see p.17 of the resource)

Board members may find these questions useful to guide discussions with senior management about the company’s salient human rights issues.

1. What is the company doing to make respect for human rights a part of how it does business?

  • Do company functions that pose risks to human rights have sufficient resources and responsibility to manage and mitigate those risks?
  • Is there a senior manager actively leading on human rights in the company?
  • Are there procedures for human rights risks and impacts to be escalated to the board?
  • How are staff encouraged to raise human rights risks and take steps to mitigate and manage them? How are staff rewarded for doing so?
  • What indicators assess the effectiveness of human rights risk management processes?
  • Does a member of the executive team have expertise on human rights? Is there a board champion for human rights?

2. How does the company know what negative impacts it may have on people’s human rights?

  • Does the company assess its human rights risks across its operations and supply chain, geographic locations and decision making processes?
  • What has the company identified as its salient human rights issues and on what basis? Has it drawn on the experience and knowledge of a broad range of stakeholders?
  • How do senior management know whether the company’s policies and processes related to human rights are effective?

3. What steps is the company taking to reduce and mitigate its risks?

  • How does the company use its influence to reduce risks to human rights in its supply chain and other business relationships?
  • What does the company do to ensure it is not contributing to human rights impacts through its own actions and decisions?
  • Does the company work with others in the industry, or with multi-stakeholder groups to address human rights risks?
  • What is the company doing to provide remedy if its own actions or decisions lead to impacts on human rights?

4. How does the company engage with stakeholders to help it understand and address human rights risks?

  • Does the company engage with a broad range of stakeholders across its business to inform its understanding of human rights risks and its progress in reducing these risks?
  • How do people inside or outside the company raise concerns about human rights impacts, and how does the company know whether these channels work?

5. Does the company explain which human rights issues it is reporting on and why?

  • Does the company provide sufficient information to explain its human rights challenges and provide examples of how its actions are improving human rights outcomes?
  • Does the report include indicators or other metrics to provide evidence of progress over time?
  • Do senior management have enough information to meet regulatory reporting requirements?

About the IDT

The Indicator Design Tool provides a simple way for business practitioners –and other stakeholders, to develop targets and indicators focused on better outcomes for people.

The Indicator Design tool helps users learn about what is working and why in order to make evidence-based decisions on how to allocate resources, adjust programs and ultimately, deliver improved outcomes for workers, consumers and communities. The Tool can be applied to a wide range of efforts aimed at preventing, mitigating and remediating human rights impacts, regardless of industry, operating context or human rights issue.

Here are a few hypothetical examples:
NOTE: These quotes are fictitious and are offered with the purpose of illustrating potential ways in which the Indicator Design Tool can be used.

The Methodology

At the core of this tool is an approach known as Theory of Change thinking: a well-established monitoring and evaluation practice from the fields of international development and public policy.

About Theory of Change

About Theory of Change

Theory of change models follow an “if/then” logic along the sequence from inputs to activities, outputs, outcomes and impacts: if these inputs are in place, then we can do these activities; if we do these activities, we will deliver these outputs, and so on. This is a simple way of thinking that addresses the, often unexamined, space between what we do (activities, programs, initiatives) and the ultimate goals we want to achieve. It forces clarity on what is required at each step to achieve results.

A theory of change model stretches us to think about indicators and information needs at all stages in an intervention, and the relationship between them. The resulting inter-related set of indicators and real-word data then allows us to see the actual relationships of cause and effect across the theory of change. This provides an evidence base to identify how our activities relate to the change we are trying to deliver.

The theory of change framework used in the Indicator Design Tool is shown in the diagram below. This framework has been adapted from traditional theory of change models to suit the realities of business and human rights challenges.

This version of the theory of change adapts the typical model in three ways:

We’ve added ‘practices and behaviors’ between ‘outputs’ and ‘outcomes’

It can be relatively easy to measure the outputs of an activity such as knowledge gained by participants in a training event, or corrective actions identified through an audit process. Both activities may aim to improve the treatment of workers in factories, but will by no means necessarily achieve that outcome. Yet measuring the actual outcome for workers consistently over time can be difficult and resource-intensive.

The category of ‘practices and behaviors’ provides a midpoint of evaluation that focuses on the desired changes in human behavior. For instance, it shows whether knowledge acquired or a corrective action identified actually changes what gets done in the workplace and how. This is a much stronger indication of whether workers are likely to be treated better than we get from outputs alone. Practices and behaviors can often be more easily and consistently measured than can the ultimate outcomes themselves. Once a clear and replicable connection between practices/behaviors and outcomes is established, they can be valuable and scalable indicators of likely outcomes.

The focus is on “outcomes for people”, not on general impacts.

This model omits the category of ‘impact’ that is often placed after ‘outcomes’, and represents a higher-level societal benefit that is desired over a longer period of time, such as ‘increasing median wages by 20% in the next 15 years’. It can be helpful to have this kind of higher-level impact in mind when thinking about a theory of change. However, given the number of factors involved, it is particularly difficult to evaluate how one company, or even industry, has contributed to it. Therefore, it did not seem useful to include in this model.

We’ve emphasized the distinction between ‘outcomes for people’ and ‘outcomes for business’

The aim of responsible business initiatives and practices is to improve outcomes for people (and/or planet). However, it can be helpful to show where these efforts also bring benefits to the business itself – for example in cost savings, reputational improvements, or new business opportunities. This builds the case for embedding these practices routinely into how business gets done. At the same time, positive outcomes for business are not necessarily positive outcomes for people. For example, a company may eradicate forced labor from its own supply chain, but the workers concerned may simply have been pushed into other jobs in which conditions of forced labor persist. This distinction, therefore, requires us to evaluate the two types of outcomes separately.


This tool alone won’t work if you don’t engage with stakeholders

Stakeholder engagement is a critical aspect of using this tool successfully. Stakeholders should include internal issue owners and subject-matter experts; affected stakeholders and/or their legitimate representatives; and where appropriate, companies (such as peers, suppliers, partners or customers) that are an integral part of achieving the outcomes you are seeking to achieve.

Why engage with stakeholders?

Why engage with stakeholders?

Each company will decide the most effective and robust way to do this, for example: via one-to-one consultations, workshops on specific parts of the process, or sharing draft content for inputs. Regardless of the method used, engagement will tend to offer numerous benefits:

  • Informing new ideas about how to achieve change by building on the company’s own experience, and leading practices of other companies.
  • Understanding what needs to change for the better from the perspective of affected groups, as well as their views on how that change might be achieved.
  • Establishing a full and complete understanding of contextual factors that will impact the effectiveness of interventions, including internal organizational dynamics such as incentives, and local legal or cultural issues;
  • Building internal and external buy-in for indicators and support with data collection, and
  • Increasing the chances that stakeholders will view disclosure of data about progress and impact as credible.


Ready to use the Indicator Design Tool?

“For the Game. For the World.” FIFA and Human Rights

Also see: Press release on publication of the report | Collaboration page on this work | Unofficial translation of this report supported by the Business & Human Rights Resource Centre.

Update: In March 2017 Shift Managing Director and Co-Founder Rachel Davis joined the newly established FIFA Human Rights Advisory Board. We see our participation in this Board as a significant opportunity to push for FIFA’s implementation of the report on this page. In Shift’s participation on this Board, we retain complete independence and do not accept any financial or other compensation for our time.

Shift supported the development of this report. The summary is excerpted from the resource.

Executive Summary

In December 2015, FIFA asked me to develop recommendations on what it means for FIFA to embed respect for human rights across its global operations. The authoritative standard for doing so is the United Nations Guiding Principles on Business and Human Rights (“UNGPs”), endorsed by the UN in June 2011, of which I was the author. This report first lays out the relevant human rights context for FIFA, and then presents 25 detailed recommendations for action. They fall broadly under three areas of necessary change:

  • From Constitution to Culture: FIFA needs to translate its commitment to respect human rights, included in its new Statutes, into its daily actions and decisions. This includes:
    • Setting clear expectations for the work of all parts of the administration and equipping and resourcing staff to deliver;
    • Ensuring that these efforts are fully reflected in and supported by decision-making on the part of FIFA’s leadership and governing bodies.
  • From Reactive to Proactive: FIFA needs stronger internal systems to address the increasingly predictable human rights risks associated with its business. This includes:
    • Evaluating the severity of risks to people across both its activities and its relationships;
    • Building and using its leverage to address these risks as determinedly as it does to pursue its commercial interests.
  • From Insular to Accountable: FIFA needs to provide greater transparency in managing human rights risks and improve access to remedy. This includes:
    • Routinely discussing key issues with external stakeholders, including those whose human rights are at risk, and disclosing its efforts and progress in addressing challenges;
    • Ensuring that access to remedy for human rights harm associated with FIFA is available not only on paper but also in practice.

Background to This Report

FIFA has been beset by allegations about human rights abuses in connection with its events and relationships. Prominent among them have been reported deaths among migrant construction workers in Qatar, which was awarded the 2022 Men’s World Cup, and the country’s kafala system that often leaves migrant workers in situations of bonded labor. Other tournaments have raised concerns about forced evictions of poor communities to make way for stadiums and other infrastructure, and clamp-downs on freedom of expression among citizens and journalists. There has been less media attention on some other human rights risks, though plenty of concern among those who follow these issues. They include risks to workers’ rights in FIFA’s own supply chains, alleged trafficking of young players, and endemic discrimination against women in the world of association football.

The UNGPs set out the basic policies and processes that enterprises need to implement if they are to know and show they respect human rights in practice. While FIFA is established as an association, it conducts significant commercial activities on a global scale, making the UNGPs the appropriate reference standard.

FIFA and I agreed that I would identify and advise on gaps in its policies and processes, and also author an independent public report with recommendations on how to embed respect for human rights across everything FIFA does. I have retained full editorial control over this report.

What Comes After This Report?

My recommendations are intended to be practical. That does not mean they are all easy. Some recommendations can be acted on immediately; others will take time to implement. Short-term priorities must include addressing human rights risks in tournaments that are already scheduled, and using every opportunity to press host countries to support FIFA’s new statutory human rights commitment. In addition, FIFA should finalize the integration of human rights requirements into the bidding documents for the 2026 Men’s World Cup. Other immediate steps should include developing a human rights policy and implementation strategy, creating the necessary internal operational and accountability structures to drive this work across the organization, and instituting more robust engagement with external stakeholders who have human rights expertise.

I have appreciated the willingness of individuals inside and outside FIFA to speak frankly with me and my team from the non-profit organization Shift. This has been critical in giving us the necessary insights to produce practical analysis and recommendations, notwithstanding the considerable complexity of the issues and institutional networks involved. There are many dedicated professionals in the FIFA administration who grasp the significance of human rights for the organization, and who are committed and motivated to achieving progress. Moreover, there are areas where work is already underway in FIFA towards meeting its human rights objectives. The new political leadership of FIFA and its restructured governing bodies must now empower the staff to take this work forward, provide them with the necessary resources, and lead by example in making respect for human rights part of how FIFA does business. FIFA’s own promise —“For the Game. For the World.”—demands nothing less.

Key Messages

Between 2018 and 2020, as part of Shift’s Valuing Respect project, we identified numerous approaches that companies can take to measure the quality of relationships in their supply chains and operating contexts. We spoke with diverse business leaders, independent evaluation practitioners, worker voice innovators, non-governmental and advocacy organizations to build up a state of play in this area. This section summarizes what we learned.

Key Takeaways

1. THE QUALITY OF RELATIONSHIPS BETWEEN COMPANIES AND AFFECTED STAKEHOLDERS CAN BE MEASURED IN DIVERSE SECTORS AND CONTEXTS.

The quality of relationships between companies and affected stakeholders can be measured in diverse sectors and geographies, and in their own operations and at points in the value chain.

The majority of methodologies we identified and have outlined in this resource are sector agnostic, though their application will look different depending on whether a company is focusing on a workforce, impacted community or consumers. This resource profiles innovations happening in different sectors including agriculture, electronics, energy, extractives, food & beverage and textiles. And our learning shows measurement efforts are taking place across multiple geographies ranging from South Africa to China to Indonesia.

A company may have direct contact with the affected stakeholders concerned to evaluate relationships between itself and those stakeholders, but that does not always need to be the case. For example, in the Gold Fields relational assessment case study, we present how this global mining company has been measuring host community support in mining operations in South Africa. But other companies – such as PMI and Nike – are looking into their supply chains to better understand relationships among workers, supervisors and management in factories, fields or mills.

What is clear is that active support and participation of the business leaders and managers that own the direct relationships with affected stakeholders is key, and this often relies on there being a clear business case for analyzing and improving relationships with affected groups. In our case study of Best Buy, we discuss how the company’s assessment of changes in supervisor-worker relationships helped the company and its supplier in China improve behavior change training for managers.

The methods also profiled in this resource can all be applied at different levels of scale: for example, between companies and large populations across disparate locations and sites (such as workers at supplier sites across a geographic region) or between a company and large populations in a specific location (such as communities around a large footprint site, or large volumes of workers all located in an export processing zone or agricultural region). The key is that companies will need to design assessments to ensure they can invest the time and attention needed to digest and act on findings. And the larger and more representative the population from which companies seek input, the more it will allow companies to be confident that patterns in data offer a sound basis for judgement, learning, and improvements.

2. METHODOLOGIES TO ASSESS THE QUALITY OF RELATIONSHIPS BUILD ON BEST PRACTICE IN TRANSLATING QUALITATIVE DATA INTO NUMBERS.

Methodologies to assess the quality of relationships broadly follow the same general process steps and all build on best practice in translating qualitative data into numbers. There are differences in the details, such as in the ways and frequency at which data is collected, and the depth of involvement of affected stakeholders in interpreting data. Company practitioners should therefore evaluate which methods best suit their objectives and needs.

The approaches profiled in this resource will not be entirely new to companies. They all include the same broad steps from design to data collection to data analysis and visualization to learning to establishing action plans. This broad “plan, do, check, improve” cycle will be familiar to most companies. Moreover, many companies already translate people’s subjective views into metrics and numbers, most notably in the context of market research, risk evaluation and human resource management via employee surveys.

Beyond these foundational similarities, there are differences in the details across the case studies and methodologies profiled. In particular:

  • Regarding frameworks and indicators: The ICMM’s Understanding Company-Community Relations Toolkit sets out four dimensions of relationships and an associated menu of survey questions that companies can use to measure community support. In contrast, other approaches do not pre-define these but instead elaborate principles to guide the design of an assessment framework. For example, the Constituent Voice and SenseMaker methodologies include active involvement of affected stakeholders to design the most relevant and context- specific questions for each assessment. In the context of integrating relationship-based questions into worker voice tools, the providers of these platforms have developed a pool of questions (many of them listed in the methodology) commonly used by companies.
  • Regarding the frequency of data collection: Companies will need to decide when and how regularly data needs to be collected. Factors informing this decision will vary. By way of illustration:
    • Gold Fields repeat their relationship assessments with local communities approximately every one-to-two-years. This fits well with existing mine-level planning and is complemented by a constant site-level presence of community liaison officers and frequent community engagement including via open days and townhall meeting.
    • Where assessments are intended to evaluate the effectiveness a specific intervention, such as a training program, the program’s timelines will dictate when baseline and end-line data collection occurs. An example of this is Best Buy’s assessment of supplier behavior change training intended to improve relationships between supervisors and workers: a pre-training baseline assessment took place in May 2018 and the final assessment was completed in January 2019.
    • In the case of Constituent Voice, the methodology itself stipulates that a company should gather data through 4-to-5 question surveys on a regular basis (for example, every 2 or 3 months). This is because a core proposition of this methodology is that rapid, faster than annual, learning loops based on a flow of data will create a culture of continuous improvement and timely problem-solving.

Opportunities to Adapt and Pilot: The methodologies in this resource are well suited to be adapted to the specific needs of individual companies, and most approaches can be piloted over a period of 6-to-9 months. Undertaking low-cost pilots, even of multiple methods in parallel, is an excellent way for companies to strengthen their own understanding of ways to assess relationships in their own operational and value chain contexts.

3. SURFACING AUTHENTIC STAKEHOLDER PERSPECTIVES IS THE LINCHPIN TO RELIABLY MEASURING THE QUALITY OF RELATIONSHIPS.

Surfacing authentic stakeholder perspectives is the linchpin to reliably measure the quality of relationships. Being inclusive in process, as against just data collection, can be especially impactful in achieving this.

Listening to the perspectives and experiences of affected people can unlock an understanding of the relationships between a company and those stakeholders. In turn, translating stakeholder voice into data provides a basis for tracking changes over time, spotting patterns and informing plans for improving those relationships. However, these data and insights are only valid and valuable if affected stakeholders are able to share authentic perspectives.

In all situations, companies should pay serious attention to stakeholders’ privacy, and sense of safety and security when they are asked to share their experiences and insights. Beyond this, the practical examples profiled in this resource, signal the many dimensions and considerations to maximizing the likelihood that stakeholder voice is authentic. By way of illustration:

  • Making it easy for stakeholders to share their views can increase participation rates and the quality of inputs. The more straightforward it is for stakeholders to share their experiences, the more they will do so. There are different approaches to making assessments simple and accessible for respondents. For example:
    • Integrating relationship-based questions into worker voice platforms that are already used effectively by companies to engage workers can increase participation rates and the quality of inputs. This is because workers will trust in the tools, believe in their value and likely have built up habits of using the tools, even for other purposes such as participating in e-learning or tracking their overtime.
    • One feature of the Constituent Voice method profiled in this resource is to ask a small number of short, simple questions on a regular basis, say every 4-to-6 weeks. The format of a simple question can reduce barriers to understanding, especially where language or literacy rates needs to be considered. And the frequent asking of questions can build familiarity among stakeholders.
    • Asking people to tell a story about their lives in their own words can be an effective of way of making engagement easy. In the case of PMI’s evaluation of local cultural dynamics that may impact small-holder compliance with child labor policies, research teams simply provided individuals with cameras to take photos of their daily routine as a basis for conversations about local attitudes, pressures and norms. Similarly, the SenseMaker methodology starts with several hundred or thousand workers or community members being asked to share a 3-to-4-line story based on a prompt in the form of a question.
  • Working with experts and local partners can remove barriers to stakeholders sharing views: In the case of Gold Fields’ assessment of its relationships with local communities and in the example of the SenseMaker methodology, emphasis is placed on the value of working with experts and trusted local partners. Collaborating with evaluation experts or local trusted partners familiar with the local context and language improves the quality and independence of the assessment. It can also create a confidential environment for stakeholders to share their experience anonymously, especially when it relates to such a sensitive topic as relationships.
  • Listening to diverse sub-groups within the wider population is an important element of enabling authentic voice: All of the methodologies and cases profiled embed some level of attention to uncovering the experience of diverse voices. Achieving this can include:
    • Being scientific about sampling such that voices of all sub-groups are heard even when only a subset of the population may offer inputs.
    • Interrogating data to spot differences in experiences between demographic groups. Examples of this can be found in the worker voice, Gold Fields and SenseMaker.
  • As a general rule, the more inclusive the full assessment process, the more stakeholders will be open and honest about their views and experiences. Moreover, company insight and subsequent actions will be more robust when they “close the loop” by involving affected people in data interpretation and action planning. All of the organizations and individuals referenced in this resource stated that, where possible, assessment processes should be implemented with stakeholder involvement. This represents an important shift from seeking simply to extract data from stakeholders, towards participatory and inclusive methods in which stakeholders are central to inform, co-create, interpret and shape the assessment itself and next steps. By way of illustration:
    • ICMM’s Understanding Company-Community Relations Toolkit includes a dedicated step to discuss the results of assessments as well as the next steps with stakeholders. This was indeed part of the work done by Gold Fields in their relationship assessments in South Africa.
    • Both Constituent Voice and SenseMaker place extremely strong emphasis on assessment itself as an opportunity to model a relationship in which a company is respectful, takes feedback seriously and takes concrete steps to make improvements. This means that core ingredients to the methodologies are that companies pilot, test and refine questions and other assessment design details with prospective respondents, and “close the loop” by not only sharing results or actions but asking respondents to interpret data and co-create actions.
4. UNDERSTANDING CONTEXTUAL FACTORS IN WHICH RELATIONSHIPS EXIST CAN PROVIDE ADDITIONAL NUANCES AND INSIGHT.

Understanding contextual factors in which relationships between companies and affected people are built, maintained and assessed, can provide additional nuances and insights into the quality of relationships.

Relationships can be shaped by various factors, and local socio-economic, cultural and political dynamics are areas that some companies are trying to understand as a way to contextualize the experiences of affected stakeholders. For example:

  • In the assessment of its child labor program, Philip Morris International in Indonesia revealed that dominant social norms continue to shape widespread attitudes towards child labor among farm owners, local leaders and even parents. These local norms prevail over international labor standards embedded in PMI’s supplier compliance requirements. The result is that, in practice, the behaviors of asking or allowing children to help out on farms have persisted.
  • ICMM’s Understanding Company-Community Relations Toolkit, explicitly includes contextual factors in the assessment and indicator framework so that companies can inform their interpretation of the results from community surveys and focus groups. The factors included are the Social, Political and Governance Context, the Socioeconomic Context and Industry Reputation.
  • Constituent Voice has been applied by the Better Buying initiative to assess and improve the nature of the relationships between buyers and suppliers, which in turn impact the degree to which suppliers engage with and treat workers with respect and dignity.
5. COMPANIES WILL NEED TO CREATE THE INTERNAL CONDITIONS NECESSARY TO IMPLEMENT ASSESSMENTS AND TO ACT ON FINDINGS.

Companies will need to create the internal commitment and conditions necessary to ensure that they implement assessments of relationships robustly and are prepared to act on findings. This involves adopting a “beyond compliance” attitude, as well as being clear about the various actors that will use the data generated and how that data creates value for those users.

Asking workers and communities to share experiences about their lives without being genuinely prepared to act on the responses can create frustration and reduce trust in the relationship. Additionally, assessing the quality of relationships between companies and affected stakeholders requires investment of often scarce company resources. So it makes sense from a business standpoint to ensure that the company is set up to benefit from such an exercise.

An important condition for successfully using the methodologies in this resource is that companies see the assessment of relationships as an exercise in evidencing and achieving progress, rather than as a compliance exercise. There are significant risks in using these methods to put pressure on, or penalize, companies or employees that own relationships with affected stakeholders. It can incentivize those actors to coach or even coerce workers and community members to respond favorably to assessments, or simply nudge organizations to suppress uncomfortable findings. In both cases, the result is that data will be distorted, so lacking any objective value to users, and assessment processes will erode and damage relationships.

It is also important that companies have some clarity about who within the company, and at different points in the value chain, is intended to explore the data, gain insight from it and ultimately act on it. This clarity will grow over time as a company implements assessments, but having a starting proposition is important.  By way of illustration:

  • In the case of Gold Fields’ relationship assessment, different parts of the company engage with and make decisions based on the data.
    • The board discusses trends in aggregate community support scores as well as select headlines to provide nuance to this topline finding. This informs budget and human resource allocation.
    • The corporate-level sustainability team is able to understand whether and why polices, programs and initiatives aimed at improving relations with communities are working. This informs their own support to teams on sites.
    • Site-level employees – including mine managers and Community Liaison Teams – can interrogate data to identify how to adapt company practices and modes of stakeholder engagement. This includes establishing a clearer picture of how the experiences of stakeholders differ between demographic groups.
  • In the case of Constituent Voice, the methodology is strongly focused on data informing judgements across supply chains. For example:
    • Senior leaders within global brands and owners of production sites that supply the brand can track changes in a single metric, called the “Improvement Rate”, for different geographies or sites that reflects responses to 4-or-5 questions being asked of workers.
    • Site-level managers can use the data to inform joint learning and problem-solving with workers aimed at making quick, demonstrable improvements while also creating a culture of openness and mutuality in the relationship.
    • The method can also be used to assess and improve the nature of the relationship between buyers and suppliers, which in turn impacts the degree to which suppliers engage with and treat workers with respect.
  • In relation to integrating relationship-based questions into worker voice tools, a common practice is to cross-reference data about workers’ experiences with traditional business metrics concerning worker retention, absenteeism, and productivity. These efforts can:
    • Provide data to management at employment sites about the relationship between improved relationships with workers and better business performance, so incentivizing improvements.
    • Support brands and other buyers to make the business case to suppliers for improving relationships with workers.
  • In the Best Buy and PMI cases, which are focused on evidencing the impact of training and other programs, the assessments informed:
    • Senior leaders seeking to understand, and possibly communicate publicly about, the impact of the company’s programs.
    • Sustainability teams tasked with implementing programs to embed respect for human rights in the supply chain.
    • NGOs and others designing and delivering programs with companies, such that they could reflect on how to enhance their own methods and ways of working.

The Resources

Hover over the boxes below to learn more about each resource.

How Companies can Understand and Improve their Relationships with Host Communities

How Companies can Understand and Improve their Relationships with Host Communities

Learn about the Understanding Company-Community Relations Toolkit, a tool developed by ICMM to measure the quality of relationships between mining companies and their host communities.

Using Experiments (Randomized Control Trials) to Assess Behavior Change Interventions

Using Experiments (Randomized Control Trials) to Assess Behavior Change Interventions

Learn how integrating worker voice into experiments – specifically the application of Randomized Control Trials (RCTs) –  can determine whether and to what extent such behavior change interventions and programs lead to intended outcomes.

SenseMaker: Combining Stories and Data Analytics to Uncover Hidden Dimensions of Relationships

SenseMaker: Combining Stories and Data Analytics to Uncover Hidden Dimensions of Relationships

Learn about SenseMaker, a method to collect qualitative information from stakeholders in the form of stories or micro narratives about their experiences and identify visual patterns.

Using Worker Voice Tools to Assess Relationships Between Workers and their Managers

Using Worker Voice Tools to Assess Relationships Between Workers and their Managers

Learn how technology-enabled worker voice tools can be used to gather qualitative data about the nature of relationships between managers and workers or communities at factories, farms, mines and plantations.

Using Regular Micro-surveys at Scale to turn Stakeholder Experience and Perceptions into Actionable Data

Using Regular Micro-surveys at Scale to turn Stakeholder Experience and Perceptions into Actionable Data

Learn about Constituent Voice, a way to engage large numbers of people about how programs and activities impact them. CV uses micro-surveys at scale and over time to generate real-time insights to identify, foster and monitor improvements.

Measuring Company-Community Relationships at a South African Mine

Measuring Company-Community Relationships at a South African Mine

Learn about how Gold Fields, a global mining company has assessed its relationship with communities around the South Deep Gold Mine in South Africa. Read about the indicators that were used, how data was gathered, and the ways in which the data has informed action.

Can Behavior Change Training Improve Supervisor-Worker Relationships?

Can Behavior Change Training Improve Supervisor-Worker Relationships?

Learn about how an electronics retailer Best Buy worked with a factory to assess the effectiveness of a training program designed to address certain behaviors of supervisors that were harming relationships with workers.

How Do Local Norms Impact Relationships Between Farmers, Workers and Children?

How Do Local Norms Impact Relationships Between Farmers, Workers and Children?

Learn about how Philip Morris International (PMI) used participatory evaluation tools to understand how local norms in Indonesia impact field-level relationships between farmers, workers and children.

About

Good stakeholder relationships underpin respect for human rights

Doing business with respect for people’s dignity and equality starts, in many ways, by building good quality relationships with potentially affected workers, communities and consumers. Yet when it comes to evaluating company efforts to respect human rights – ‘tracking’ their performance, in the language of the UN Guiding Principles – there has been little focus on gathering data about how affected stakeholders experience their relationships with the companies that affect their lives.

Through this resource, we seek to provide inspiration for how companies can generate and act on data about dimensions of their relationships with stakeholders that are intangible: such as trust, respect and feelings of agency. The individual case studies and methodologies are instructional in their own right: each setting out the benefits of a distinct approach, the step-by-step process to follow, examples of how data can be visualized and reflections from practitioners.

None of these cases and methods are perfect. But they are all a substantial step in the right direction, and together they signal an emerging body of innovation in how to measure what matters in the field of responsible business conduct.


Why Focus on Relationships?

Bringing stakeholder voice into the assessment of company-stakeholder relationships is important for three, interrelated reasons:

  1. Stakeholder engagement is paramount to each step of the due diligence process, under the UN Guiding Principles. Yet these efforts are too often assessed using metrics about the existence of formal processes, or the frequency and reach of activities through which a company interacts with stakeholders. Robust processes are important. But stopping at process metrics misses the critical signal of how affected stakeholders view the relationships that are created through these processes.
  2. The on-going relationships that a company, its suppliers or other business partners have with potentially affected stakeholders are a product, in good part, of the way those business actors behave in their interactions. Measures about the quality of relationships are a real-time indicator of whether a culture of respect for people is in place in the office, factory, field or operational site. They can tell us about the likelihood of risks to and impacts on people being identified and addressed in ways that are appropriate.
  3. Whether affected stakeholders feel respected, treated fairly and can pursue goals that matter to them in their relationship with companies helps us understand the outcomes companies are delivering in people’s lives. Qualitative data about the quality of relationships is, therefore, an important complement to the more widespread quantitative metrics about diversity, wage levels or numbers of grievances resolved.

Menu of Red Flags

How to use this resource

There are 24 Business Model Red Flags. Each one is available to read online, by clicking on the word READ, or to download as a PDF. You can also use the purple bar below to filter them by sector or industry. Once you’ve picked the ones you want to download, select them by clicking on the circled number of each Red Flag and choose ‘Download All Selected’. You may also choose to download the full series or to download a high level menu. For support, please contact communications [at] shiftproject [dot] org.

TO SELECT MULTIPLE DOCUMENTS TO DOWNLOAD, CLICK ON THE CIRCLED NUMBER on the left.

Download Menu

Red Flags in
The Value Proposition

WHAT THE COMPANY OFFERS AND TO WHOM THE BUSINESS’S COMMERCIAL SUCCESS SUBSTANTIALLY DEPENDS UPON…

Lowest cost goods or services in ways that put pressure on labor rights. Read

High speed delivery that places pressure on warehouse workers and logistics workers in the “last mile”
Read

Project timelines that undermine consultation with communities
Read

Privatized access to public goods with risks to quality of service
Read

Algorithmic decision- making that can result in discrimination
Read

Providing online platforms with potential for online and offline harm
Read

Products that harm when overused
Read

Products that harm when misused
Read

Products that harm when used as intended

i

Note: As a result of the research and consultation process, we decided there was no need to produce a long-form PDF for Red Flag 10. Please reach out to: info [at] shiftproject [dot] org with any questions.

Red Flags in
The Value
Chain

HOW THE COMPANY DELIVERS VALUE THE BUSINESS’S COMMERCIAL SUCCESS SUBSTANTIALLY DEPENDS UPON…

Land use in countries where ownership may be contested
Read

Depleting natural resources or public goods such that it undermines access or health
Read

Commodities with unclear provenance and visibility to impacts on workers or communities
Read

Using data such that privacy and other rights are undermined
Read

Red Flags in
Cost Structure & Revenue Model

HOW THE BUSINESS MODEL IS PROFITABLE THE BUSINESS’S COMMERCIAL SUCCESS SUBSTANTIALLY DEPENDS UPON…

Sourcing low-paid labor from labor providers
Read

Sourcing commodities that are priced independent of farmer income
Read

Shift inventory risk to suppliers with knock-on effects to workers
Read

Automation at speed or scale that leaves workers little chance to adapt
Read

Sales-maximizing incentives that put consumers at risk
Read