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OEIGWG has come in from the cold. Will the EU do the same?
Position paper on the Zero Draft of a binding treaty presented by the Open-Ended Intergovernmental Working Group on Transnational Companies and Other Business Enterprises

In July, the Open Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises, chaired by Ecuador, published the zero draft of the text of a treaty on business and human rights. This draft is the basis for negotiations in Geneva from 15–19 October 2018. The text represents a good first basis for further negotations among UN member states, and it goes some way toward closing protection gaps, especially in global supply chains. Helpfully, it builds on the UN Guiding Principles for Business and Human Rights and focuses on the most urgent areas in this field: the prevention of human rights abuses and access to effective remedy for victims. Rather than elevating corporations to direct subjects of international law, it bolsters the existing architecture of human rights protection: the state duty to protect, enforced by civil and criminal liability. These positive developments compared with earlier documents from the treaty process should be recognized by the UN member states and especially by the European Union. Further rounds of negotiations must now achieve the necessary precision, ironing out of contradicitons, and further development of the text.

(PDF, 180 KB)

Author: Jan-Christian Niebank, Christopher Schuller

Publisher: German Institute for Human Rights

Statement

10 Page Count

October 2018

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National Human Rights Institutions and the 2018 UN Climate Conference
Incorporating Human Rights in the Implementation Guidelines of the Paris Agreement

The Paris Agreement of 2015 represents a significant step for the promotion of human rights-based and people-centred climate policies. Critical to this are the implementation guidelines for the Agreement, which are currently being negotiated and are planned to be adopted at COP-24 in December 2018. Given their broad mandate National Human Rights Institutions (NHRIs) can play a significantly role to ensure that human rights inform the guidelines. The brief provides information about essential elements of the Paris Agreement which the guidelines will address and outlines key aspects the guidelines should include to ensure that climate policies are human-rights based in their design and implementation.

(PDF, 74 KB)

Author: Sébastien Duyck, Nina Eschke, Erika Lennon, Sara Phung

Publisher: German Institute for Human Rights

Information

ISSN: 2509-9493 (PDF)

6 Page Count

August 2018

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National Human Rights Institutions and the 2018 Talanoa Dialogue
Showcasing that Climate Action should be Human Rights-Based

The Talanoa Dialogue on Climate Ambition organised throughout 2018 in the context of the UN climate negotiations offers a significant opportunity for all stakeholders, including National Human Rights Institutions (NHRIs), to frame climate action in the context of human rights and the principles reaffirmed by the Paris Agreement. The brief provides an overview of the methodology and guiding questions of the Talanoa Dialogue and identifies entry points for NHRIs and other stakeholders to engage in the process. It offers guidance on how information about the importance of integration human rights into climate action can be fed into the Dialogue.

(PDF, 107 KB)

Author: Sébastien Duyck, Erika Lennon

Publisher: German Institute for Human Rights

Information

ISSN: 2509-9493 (PDF)

4 Page Count

August 2018

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National Human Rights Institutions

Author: German Institute for Human Rights/ GIZ: Cross sectoral project "Realizing Human Rights in Development Cooperation"

10 pages

(PDF, 480 KB)

DC E-Info-Tool

April 2018

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Die UN-Leitprinzipien als Grundlage für ein verbindliches UN-Abkommen zu Wirtschaft und Menschenrechten

Stellungnahme des Instituts zu den "Entwurfselementen für ein verbindliches Menschenrechtsabkommen" der Offenen Zwischenstaatlichen UN-Arbeitsgruppe zu Transnationalen Konzernen und Sonstigen Unternehmen.

(PDF, 119 KB, nicht barrierefrei)

Publisher: Deutsches Institut für Menschenrechte

Statement

9 Page Count

March 2018

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Building on the UN Guiding Principles towards a Binding Instrument on Business and Human Rights

Comments on the 'Elements for the Draft Legally Binding Instrument' of the Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises.

(PDF, 410 KB, not barrier free)

Author: Jan - Christian Niebank, Christopher Schuller

Publisher: German Institute for Human Rights

Statement

7 Page Count

March 2018

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National Human Rights Institutions in Post-Conflict Situations
Mandates, Experiences and Challenges

How do National Human Rights Institutions (NHRIs) address the negative human rights impacts of dictatorial regimes and violent conflict, and thus successfully contribute to transitional justice? This is the focus of this study, which presents examples from the experiences of the NHRIs in Afghanistan, Georgia and Uganda. The provision of justice for past and present violations of human rights should reduce impunity. Addressing the issue of transitional justice facilitates peace processes, but requires strong state institutions and the political will to act. When justice for past and present abuses is denied, conflicts linger on. ‘Peace-versus-justice’ is a false dichotomy, and one that the international community has rightly left behind. The study shows how three NHRIs have interacted with transitional justice aims and processes and draws lessons from what the NHRIs have learned while doing so.

(PDF, 893 KB)

Author: Dr. Andrea Breslin, Dr. Anna Würth

Publisher: German Institute for Human Rights

ISBN: 978-3-945139-96-7 (PDF)

33 Page Count

December 2017

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The Search for Victims of Enforced Disappearance
How the human rights obligation to search can be successfully implemented

The International Convention for the Protection of All Persons from Enforced Disappearance obliges contracting State Parties to search for disappeared persons. An investigation has to be conducted into the location and circumstances of their disappearance and, in the event of their death, their remains identified and returned to their family. In many places, this search proves difficult in practice, and often the political will and/or the technical means for such a search are lacking. In such cases, international urgent actions can support those affected in the search for disappeared persons.

(PDF, 66 KB)

Author: Dr. Christiane Schulz

Publisher: German Institute for Human Rights

ISSN: 25099493 (PDF)

6 Page Count

December 2017

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Development of the human rights situation in Germany July 2016–June 2017
Executive Summary

The German Institute for Human Rights annually submits a report on the development of the human rights situation in Germany to the German Federal Parliament (in accordance with sec. 2 para. 5 of the Act regarding the Legal Status and Mandate of the German Institute for Human Rights of 16 July 2015; short: DIMRG). The report is presented on the occasion of the International Human Rights Day on 10 December. The DIMRG provides that the German Federal Parliament officially responds to the report. The second report 2016 / 2017 covers the period 1 July 2016 to 30 June 2017.

(PDF,  119 KB)

Publisher: German Institute for Human Rights

Annual report

12 Page Count

December 2017

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Promising Practice: Working with civil society to promote LGBT-inclusion in Ukraine

In Ukraine, the legal framework has become more supportive of promoting and protecting the rights of Lesbian, Gay, Bi- and Transsexual and Transgender (LGBT) people in recent years. Nevertheless, homophobia remains widespread and stigmatising social attitudes negatively impact on LGBT people’s access to social and economic rights, such as to health. It is against this background that GIZ has implemented the programme ‘HIV/AIDS advisory services and institutional capacity building’ in cooperation with the Ukrainian Ministry of Health. One component of the programme includes supporting ‘Tergo’, an organisation established and run by parents of LGBT people. The publication describes measures implemented to strengthen Tergo as an organisation and to empower the parents of LGBT people to promote the rights of sexual minorities. It also presents results, remaining challenges and lessons learned.

Author: GIZ cross sectoral programme "Realizing Human Rights in Development Cooperation"/ German Institute for Human Rights

5 pages

(PDF, 2.8 MB, not barrier-free)

DC Promising Practices

December 2017

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Analysis: Calculated Risk
Economic versus Human Rights Requirements of Corporate Risk Assessments

Human rights risk assessments help corporations to identify potential adverse effects of their business activities on human rights in order to avoid them, reduce them or compensate those affected. Corporations differ in their understanding of what constitutes a "risk": a corporate risk assessment is about potentially adverse effects on returns on investments or operations. This analysis outlines the different concepts of risk in a human rights and in a business context and illustrates the potential impact this discrepancy can have in practice by using the example of a corporate risk assessment in the Colombian coal sector. From this analysis the Institute derives criteria for possible self-regulatory action on the part of state and business, which can make a human rights risk assessment a mandatory requirement for enterprises.

(PDF, 712 KB)

Author: Deniz Utlu, Jan-Christian Niebank Herausgeber

Publisher: German Institute for Human Rights

ISBN: 9783946499060 (PDF)
ISBN: 9783946499053 (Print)

30 Page Count

November 2017

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Analysis: Calculated Risk
Economic versus Human Rights Requirements of Corporate Risk Assessments

Human rights risk assessments help corporations to identify potential adverse effects of their business activities on human rights in order to avoid them, reduce them or compensate those affected. Corporations differ in their understanding of what constitutes a "risk": a corporate risk assessment is about potentially adverse effects on returns on investments or operations. This analysis outlines the different concepts of risk in a human rights and in a business context and illustrates the potential impact this discrepancy can have in practice by using the example of a corporate risk assessment in the Colombian coal sector. From this analysis the Institute derives criteria for possible self-regulatory action on the part of state and business, which can make a human rights risk assessment a mandatory requirement for enterprises.

(PDF, 712 KB)

Author: Deniz Utlu, Jan-Christian Niebank Herausgeber

Publisher: German Institute for Human Rights

Study

ISBN: 9783946499060 (PDF)
ISBN: 978-3-946499-21-3 (Print)

30 Page Count

November 2017

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Analysis: Calculated Risk
Economic versus Human Rights Requirements of Corporate Risk Assessments

Human rights risk assessments help corporations to identify potential adverse effects of their business activities on human rights in order to avoid them, reduce them or compensate those affected. Corporations differ in their understanding of what constitutes a "risk": a corporate risk assessment is about potentially adverse effects on returns on investments or operations. This analysis outlines the different concepts of risk in a human rights and in a business context and illustrates the potential impact this discrepancy can have in practice by using the example of a corporate risk assessment in the Colombian coal sector. From this analysis the Institute derives criteria for possible self-regulatory action on the part of state and business, which can make a human rights risk assessment a mandatory requirement for enterprises.

(PDF, 712 KB)

Author: Deniz Utlu, Jan-Christian Niebank Herausgeber

Publisher: German Institute for Human Rights

Study

ISBN: 978-3-946499-18-3 (PDF)
ISBN: 978-3-946499-17-6 (Print)

30 Page Count

November 2017

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Information: Closing protection gaps in the human rights and business context
What transnational cooperation between the National Human Rights Institutions of Germany and Colombia has achieved

The UN Guiding Principles on Business and Human Rights (UNGP) were developed to close the gap between transnational economic activities and the regulation of state duties and corporate responsibilities in the protection of human rights. The UNGP confirm that National Human Rights Institutions have an important role to play in implementing the principles. Their task is to provide guidance on human rights to States, business enterprises and other non-State actors. Transnational cooperation among National Human Rights Institutions can help to promote the implementation process. With this paper, the German Institute for Human Rights wants to share its experiences with international NHRI cooperation and provide food for thought about how other NHRIs might benefit from those experiences.

 (PDF, 62 KB)

Author: Gizem Kaya, Jan-Christian Niebank, Deniz Utlu

Publisher: German Institute for Human Rights

Information

ISSN: 2509-9493 (PDF)

6 Page Count

November 2017

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Analysis: Closing gaps in protection
Transnational cooperation on human rights: The case of the extractive sector in Colombia

As the German energy sector has close ties with the Columbian mining sector, human rights issues in Colombia’s mining regions need to be seen in a transnational context. This translates into diverse options for action and shared responsibilities on both ends of the coal supply chain with respect to the human rights impacts. As the constellation of actors involved is complex, it is not always obvious who bears precisely what sort of responsibility for what. Moreover, this complex constellation is itself embedded in a transnational economic structure. This allows gaps in human rights protection to open. This analysis reveals that new opportunities to take action are necessary. Transnational cooperation can help closing gaps in protection and provide more transparency.

(PDF, 2,5 MB)

URN: urn:nbn:de:0168-ssoar-55631-2

Author: Jan-Christian Niebank, Deniz Utlu

Publisher: German Institute for Human Rights

Study

ISBN: 9783946499183 (PDF)
ISBN: 9783946499176 (Print)

40 Page Count

October 2017

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Análisis: Superar los vacíos
Cooperación internacional en materia de derechos humanos en el sector de las materias primas en Colombia y Latinoamérica

As the German energy sector has close ties with the Columbian mining sector, human rights issues in Colombia’s mining regions need to be seen in a transnational context. This translates into diverse options for action and shared responsibilities on both ends of the coal supply chain with respect to the human rights impacts. As the constellation of actors involved is complex, it is not always obvious who bears precisely what sort of responsibility for what. Moreover, this complex constellation is itself embedded in a transnational economic structure. This allows gaps in human rights protection to open. This analysis reveals that new opportunities to take action are necessary. Transnational cooperation can help closing gaps in protection and provide more transparency.

(PDF, 2,55 MB)

URN: urn:nbn:de:0168-ssoar-55657-2

Author: Jan-Christian Niebank, Deniz Utlu

Publisher: Instituto Alemán de Derechos Humanos

Study

ISBN: 978-3-946499-12-1 (PDF)
ISBN: 978-3-946499-11-4 (Print)

40 Page Count

October 2017

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ABC of Human Rights in Development Cooperation: The Arab Human Rights System (Arabic)

As a complement to the ABC of Human Rights in Development Cooperation, this annex explains the basic features of the Arab human rights protection system. It is intended as an overview of the regional human rights system for development practitioners. The tool contains many links to external ressources. The publication complements tools on the Asian, African, European and Inter-American human rights protection system.
Author: GIZ Cross sectoral programme "Realizing Human Rights in Development Cooperation"

(PDF, 1,16 MB, not barrier-free)

7 Page Count

October 2017

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Children’s Rights during Adolescence
General Comment No. 20 of the UN Committee on the Rights of the Child

In its General Comment No. 20, the UN Committee on the Rights of the Child provides information on the implementation of children's rights during adolescence. The key recommendations addressed to States parties provide helpful advice for development cooperation practitioners. This publication summarises General Comment No. 20 and outlines approaches on how development cooperation may contribute to the realisation of children's rights during adolescence.

(PDF, 64 KB)

Author: Lena Stamm, Dr. Judith Striek

Publisher: German Institute for Human Rights

Information

6 Page Count

June 2017

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ABC of Human Rights in German Development Cooperation: Human Rights in Asia

As a complement to the ABC of Human Rights in Development Cooperation, this annex explains the basic features of the Arab human rights protection system. It is intended as an overview of the regional human rights system for development practitioners. The tool contains many links to external ressources. The publication complements tools on the Asian, African, European and Inter-American human rights protection system.

Author: GIZ Cross sectoral programme "Realizing Human Rights in Development Cooperation"

14 pages

(PDF, 1.4 MB)

DC E-Info-Tool

June 2017

Free Of Charge not available Download

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