“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.

About the Indicators

OVERVIEW

This resource provides a menu of indicators of leadership and governance that can help to evaluate a company’s progress towards building a rights-respecting culture. It is not necessary to use all the indicators. ­They are intended as a menu from which organizations can draw as appropriate to their needs and contexts.

The primary intended users of the resource are:

  1. Business leaders seeking to assess the strengths and weaknesses of their company leadership, governance and culture with regard to respect for human rights.
  2. Investors and civil society organizations seeking to strengthen their analysis, strategies and engagement with companies regarding progress towards respect for human rights.

Connecting to Culture

Indicators of leadership and governance typically focus on formal systems – codes of conduct, organizational structures, roles, responsibilities and incentives. Evidence of these can signal how things should happen in an organization. But they miss the profound influence that the actions of governing bodies and senior leaders’ can have on what actually happens, through the day-to-day decisions and behaviours of people across the organization that determine its impact employees, workers, communities and consumers.

The indicators in this resource are grounded in four features of a corporate culture that are central to respect for human rights:

  • Authenticity such that the organization acts in a manner consistent with publicly asserted commitments to respect human rights, including when faced with inevitable tensions between respect for human rights and other business goals.
  • Accountability such that respect for human rights is embraced as the responsibility of people in every part of the business, and key staff are empowered and motivated to embed respect for human rights across the company.
  • Empathy such that everyone in the organization is motivated to know and care about whether and how it might be involved with harm to the human rights of people, including to remote individuals and communities.
  • Organizational Learning such that everyone seeks out and embraces new insights about human rights risks and makes an effort to learn from mistakes as well as successes.

Introduction to Salient Human Rights Issues

This resource was developed in support of the UN Guiding Principles Reporting Framework, developed jointly by Shift and Mazars. The Q&A on this page is an excerpt from a longer Q&A on salient human rights issues — see the full explanation here.

What are salient human rights issues?

Salient human rights issues: The human rights at risk of the most severe negative impact through the company’s activities and business relationships.

A company’s salient human rights issues are those human rights that stand out because they are at risk of the most severe negative impact through the company’s activities or business relationships.

This concept of salience uses the lens of risk to people, not the business, as the starting point, while recognizing that where risks to people’s human rights are greatest, there is strong convergence with risk to the business.

The emphasis of salience lies on those impacts that are:

  • Most severe: based on how grave and how widespread the impact would be and how hard it would be to put right the resulting harm.
  • Potential: meaning those impacts that have some likelihood of occurring in the future, recognizing that these are often, though not limited to, those impacts that have occurred in the past;
  • Negative: placing the focus on the avoidance of harm to human rights rather than unrelated initiatives to support or promote human rights;
  • Impacts on human rights: placing the focus on risk to people, rather than on risk to the business.

Salience therefore focuses the company’s resources on finding information that is necessary for its own ability to manage risks to human rights, and related risks to the business. In this way, it helps companies report on the human rights information that shareholders, investors, governments, customers, consumers, media, civil society organizations and directly affected people want to see.

What is the difference from materiality?

Materiality depends on the choice of a particular audience or goal for which things are then judged more or less important. The audience may be shareholders alone or other stakeholders as well. A goal may be profit-making alone, decisions of an investor more widely, or societal welfare generally. The choice of audience or goal then dictates the selection of material issues.

By contrast, salient human rights issues are not defined in reference to any one audience or goal. Salience puts the focus on those human rights at risk of the most severe negative impact. This provides a consistent, predictable and principled means of identifying the appropriate focus of human rights reporting. At the same time, it gives business an effective tool for understanding how human rights issues connect with risk to the business.

When conducting materiality assessments, many companies discount human rights issues due to common assumptions, such as:

  • Assumption of no risk to human rights: an assumption that the company doesn’t and couldn’t be involved with negative impacts on human rights, based on a limited knowledge of human rights and how they can be affected by business activities and through business relationships;
  • Assumption that risk to human rights doesn’t matter: An untested assumption that impacts on human rights are without substantial risk to the company and are, therefore, not material, ignoring the many ways in which such impacts can lead to tangible and intangible costs and loss of value for the business, particularly in the medium to long term;
  • Assumption that past impact defines future risk: An assumption that looking at past impacts will be sufficient for the identification of forward-looking risks to human rights, ignoring risks that might be identifiable from the experience of others in the industry, from other industries, from an understanding of emerging issues and from scenario planning.

Where materiality processes engage external stakeholders to help inform the company’s understanding of relevant issues for reporting, common pitfalls include:

  • Skewed feedback: Processes that engage with stakeholders based on their expertise in areas the company already assumes are material, such that their feedback reinforces the company’s starting assumptions.
  • Under-informed feedback: Engagement processes where stakeholders are not given sufficient insight into the company’s operations, range of business activities and business relationships in order to provide informed advice of where they most salient issues might lie.

As a result of these common assumptions and pitfalls, many companies’ existing materiality processes fail to adequately reflect human rights issues or to identify those human rights that are at greatest risk and are therefore priorities for management and reporting.

Jump to the complete Q&A resource to see answers to the following questions:

  • Why is this distinction between salience and materiality helpful for companies?
  • Why is this distinction between salience and materiality helpful for investors?
  • Are risks to human rights separate from risks to business?
  • Is materiality still relevant for reporting?
  • How should a company identify its salient human rights issues?

What Do Human Rights Have to Do With Mergers and Acquisitions?

This resource is based on Shift’s experience working with companies’ M&A teams on practical steps that can be taken as part of the existing M&A due diligence process. For more explanation and discussion of this topic, we also recommend our webinar with the UN Global Compact, Ericsson and Total.

Summary

Buying new companies and selling to other companies often involves inherent human rights risks – meaning the risk of harm to people. Those risks are steadily on the rise, and there is no shortage of examples of M&A transactions that fail, or cost significantly more for a company in the long term, because of a lack of consideration of human rights issues.

These kinds of inherent human rights risks are leading companies to start to integrate consideration for human rights into their M&A processes. Yet little information is publicly available about how they are seeking to do so. Revising due diligence checklists and crafting template representations and warranties alone will not work.

There is no shortage of examples of M&A transactions that fail, or cost significantly more for a company in the long term, because of a lack of consideration of human rights issues. Prominent examples include:

  • Meridian Gold, which acquired Brancote Holdings, the owner of a site in Argentina, for US$320 million. Although legal due diligence did not uncover any issues, Meridian Gold ended up with five years of litigation rising to the Argentinian Supreme Court and lost its entire investment because the surrounding community opposed the use of the land for an open-pit gold mine. The M&A team could have assisted by flagging that the legal title to the land alone may not be sufficient in light of the local dynamics around mining;
  • Nokia, which suffered a significant hit to its reputation when news broke that its products and services had assisted the Iranian government’s efforts to track, imprison and harm political dissidents during the 2009 Iranian elections. In reality, Nokia had divested the business six months prior to the elections to Iran Telecom. But public opinion was that if a company sells a business that can cause harm, the seller should seek to limit the risk of such harm by incorporating restrictions during the sales transaction, or seeking to sell to another buyer;
  • US company American Sugar Refining, which acquired Tate & Lyle Sugars for £211 million in 2010. Subsequent to the transaction, Tate & Lyle Sugars was subject to a £10 million lawsuit in the UK High Court for alleged connection to land grabbing in Cambodia. The M&A team could have assisted by flagging risks associated with Tate & Lyle Sugars’ suppliers and the fact that legal title to land in Cambodia can mask corrupt practices.

Based on work with companies that are at the leading edge of efforts to integrate consideration of human rights into their M&A processes, this article describes the notable differences between a traditional M&A process – one that seeks to identify and address risks to the company – and one that seeks to identify and address risks to people that play out throughout the M&A transaction. It describes the steps companies are taking to add the human rights lens when (i) identifying the issues to address in the course of due diligence, (ii) prioritizing the issues in preparation for contract negotiation and (iii) seeking to address these issues.

Although the article is intended primarily for companies and their in-house M&A teams, it will also be relevant for law firms that are increasingly seeking to advise clients in this area as well as other stakeholders interested in advancing business respect for human rights.

Independent Review and Recommendations for FIFA on Human Rights

Jump to: Press release from announcement of review and report, Dec. 2015  | Report | Press release on report, April 2016

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 April 2016 report For the Game. For the World. FIFA and Human Rights (link above), authored by John Ruggie with support from Shift. In our participation on this Board, we retain complete independence and do not accept any financial or other compensation for our time.

In December 2015, Shift Chair, Harvard professor and author of the Guiding Principles John Ruggie was asked by the world governing body of football FIFA to develop recommendations for embedding the Guiding Principles into FIFA’s policies and practices. In April 2016, those recommendations were published in an independent public report. The recommendations are based on a comprehensive review of human rights in the context of FIFA’s activities and events including consultations with internal and external stakeholders.

Ruggie was supported by a team from Shift and consulted with a range of internal and external stakeholder to undertake the review and develop his recommendations.

“FIFA’s global reach means that this initiative has the potential to make a difference where it matters most: in the daily lives of people,” said Ruggie. “I fully recognize that there will be challenges and complex change takes time. However, this has the potential to set the bar for other global sports organizations, and place respect for human rights front and center for a broad range of entities involved in global sporting events.”

“This is another important step in our ongoing reform process,” said acting FIFA President Issa Hayatou. “I am proud to see that FIFA is taking the lead among international sports organizations on such an important topic. Football and FIFA have an important role to play in this field; respect for human rights has to be at the core of our sport.”

This initiative builds on FIFA’s commitment to recognizing the relevance of the UN Guiding Principles to its operations, seeking technical support from the Office of the UN High Commissioner for Human Rights, and announcing publicly its plans to make the Guiding Principles part of how it conducts its activities.