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 5th Annual
2012 Summer Institute in International Humanitarian Law and Human Rights
"Business and Human Rights"
Singapore, Monday, July 16-Thursday, July 26, 2012
Agenda as of July 11, 2012

Monday, 16 July 2012 (Day 1): “Three Pillars” – A UN Framework for Business & Human Rights

8:00 - 9:00AM
Day 1, Registration

Welcome to Singapore! Course representatives will be available for registration at the Singapore Management University. Please allow time this first morning to register at the reception table and receive your course materials before the opening session begins. 

9 :00 – 10:30AM
Day 1, Session 1

Introductions”

WELCOME REMARKS (30 min)
* Representatives from EWC,AIJI/WCSC, SMU, CIL-NUS, U. Zurich, HRRC, and IICRD

 INTRO PARTICIPANT PRESENTATIONS (60 min)

Participants will make a brief (2 minutes) introductory presentation to the group about themselves, explaining their background, the nature of their work/studies, the reason for their interest in business and human rights, etc. The activity serves as an icebreaker for the participants, and gives them an opportunity to hear about one another's expertise and professional background very early in the program.

 

10:30 – 11:00AM

Coffee Break

 11:00AM – 12:00PM
Day 1, Session 2

“Introductions”

 ORIENTATION TO SMU LAW SCHOOL & LIBRARY (60 min)
* Ms. Charlotte Gill (Head of Law Library & Research Librarian, SMU) & SMU Summer Institute 2012 Interns

 

12:00PM – 1:30PM

Lunch Break

 1:30 – 3:00PM
Day 1, Session 3

 Identification of  Core Issues and an Overview of the Legal Framework for Human Rights”

 LECTURE (with Q &A) (90 min)
* Prof. Christine Kaufmann (U. Zurich) & Prof. Kevin Tan (NUS Law)

 The opening session will begin with a brief review of the international legal framework for human rights, especially for non-lawyers from the ASEAN region. Participants will review the general concept of human rights from the Universal Declaration of Human Rights (UDHR) to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).  The lecture will include an overview of the key features of the ICCPR and the ICESCR, as well as a discussion of the relationship between the UDHR and the ICCPR

3:00 – 3:30PM

Coffee break

3:30 – 5:00PM
Day 1, Session 4

 “The UN Framework for Business & Human Rights, Guiding Principles on Implementing the Framework & State Responsibility to Protect”

DISCUSSION (with Q &A) (90 min)
* Prof. David Cohen (Chair) Christine Kaufmann (U. Zurich), Prof. Mahdev Mohan (SMU Law) and Mr Chng Nai Rui (School of Political Sciences, University of Glasgow)

 Participants will learn about the draft norms on the responsibility of transnational corporations and other business enterprises, the development of UN Special Representative John Ruggie’s “protect, respect and remedy” framework, and the Guiding Principles. Prof. Kaufmann’s lecture will focus on economic, social and cultural rights and will examine how the UN framework takes into account the prominent role of both state and non-state actors in globalization, the status of multinational enterprises (MNEs) in international law, and the impact of privatization and trade liberalization on human rights. Prof. Mohan will consider how human rights and the Ruggie framework have – and should be – received in the ASEAN context. Mr Chng will present a case-study on the privatization of the Metropolitan Waterworks and Sewerage System in Metro Manila, and consider how in the context of an unpredictable regulatory landscape and an oligarchic state, unexpected collective action by organized communities and NGOs has centred around water as a subsistence right.

 
6:30PM - 8:30PM

 

 

 
Welcome Dinner

All participants, faculty and support staff are invited to share a welcome dinner.

 

 

Tuesday, 17 July 2012 (Day 2):        Corporate Responsibility to Respect Human Rights

 

9:30 – 10:30AM
Day 2, Session 1

“Keynote address”

KEYNOTE ADDRESS & DISTINGUISHED LECTURE (60 min)
* Dr. Puvan Selvanathan (Chair, Working Group for Human Rights & Transnational Corporations) Moderated by Prof. Raj Srivastava (Provost and Deputy President (Academic Affairs), SMU)

 Dr. Selvanthan will share his views on how the Working Group discuss trends and challenges in the implementation of the UN Framework and Guiding Principles and its efforts to promote dialogue and cooperation on issues linked to business and human rights, including challenges faced in particular sectors, operational environments.

 

10:30 – 11:00AM

Coffee Break

11:00AM – 12:00PM
Day 2, Session 2

“Corporate Responsibility to Respect ”

DISCUSSION (with Q &A)  (60 min)
*Prof. Mahdev Mohan [Chair], Dr. Puvan Selvanathan, Prof. Christine Kaufmann & Mr. Thomas Thomas (Executive Director, Singapore Compact for CSR)

 Panelists will consider  the nature and scope of the corporate responsibility to respect human rights - what it entails  for business in terms of concrete legal obligations, why it is a core principle of the UN Global Compact, why it  features in soft law instruments and how businesses play a major role in developing the green economy and human rights safeguards are necessary to ensure that policies and business plans intended to advance environmental or development goals do not negatively impact people, communities and their livelihoods.

12:00PM – 1:30PM

Lunch Break

1:30 – 4:00PM
Day 2, Session 3

“Case Study: Oil Industry”

FILM SCREENING & BREAK-OUT GROUP DISCUSSIONS (90 min)
*Prof. Christine Kaufmann (assisted by representatives/discussion coordinators from  partner institutions)

 During the afternoon session, we will turn to a case study of the oil industry.  We will begin by screening a video called “Poison Fire” about Shell in the Niger Delta.  During a coffee break intermission, participants will break-out into small groups to discuss and debate specific risks in the oil sector, and will present their views thereafter.

 

4:00pm onwards

Free Session

Wednesday, 18 July 2012 (Day 3): A New Chapter - OECD Guidelines for Multinational Enterprises (2011)

9 :00– 10:30AM
Day 3, Session 1

“The OECD Guidelines’ Human Rights Chapter”

LECTURE (with Q &A)  (90 min)
* Prof. Christine Kaufmann & Prof. Hans Petter Graver (U. Oslo)

 The OECD Guidelines for MNEs have for long played an important role in setting standards for companies and monitoring their activities. With the 2011 revision, these Guidelines became the first OECD instrument which contains a fully fledged human rights chapter. This is a very big step for an organization with a clear economic mandate. Since the new provisions refer to the UN Framework, and develop them further, corporate activities can now be scrutinized using a standard that includes human rights. Prof. Graver will examine the implications of this development in practice.

10:30 – 11.00AM

Coffee Break

11:00AM – 12:00PM
Day 3, Session 2

“The human rights chapter in the OECD Guidelines”

DISCUSSION (with Q &A(60 min)
* Prof. Christine Kaufmann (Chair) & Prof. Hans Petter Graver

 Cont’

12:00PM – 1:30PM

Lunch Break

1:30 – 3:00PM
Day 3, Session 3

“Case study: Mindoro Nickel Project in the Philippines”

LECTURE (with Q &A)  (90 min)
* Prof. Hans Petter Graver

 Prof. Graver will lecture about a relevant case study: the Mindoro Nickel Project in the Philippines.

3:00 – 3:30PM

Coffee Break

3.30 – 5:00PM
Day 3, Session 4

“Case study: Mindoro Nickel Project in the Philippines”

BREAK-OUT GROUP DISCUSSIONS (90 min)
* Prof. Hans Petter Graver (assisted by representatives/discussion coordinators from  partner institutions)

 In the late afternoon, time will be allotted for break out discussions, followed by each group reporting back to the plenary. Prof. Graver will conclude the session by commenting on group findings and answering participants’ questions in relation to the case study.

Thursday, 19 July 2012 (Day 4): Access to Justice& Remedy for Victims of Business-related Harm

9 :00 – 10:30AM
Day 4, Session 1

 “Access to remedy”

LECTURE (with Q &A)  (90 min)
*Prof. David Cohen & Cynthia Morel (SMU Law)

 This session will explore avenues for monitoring abusive business practices and supporting victims whose human rights have been violated. The morning begins with a lecture about access to remedy, including both judicial and non-judicial mechanisms. The lecture will draw on practical examples, such as the origins and development of the Kiobel case concerning the ethnic Ogoni in Nigeria’s delta region.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:00PM
Day 4, Session 2

 “Right to Development & Access to Remedy”

DISCUSSION (with Q &A)  (60 min)
* Mark Hodge (tbc) (Executive Director, Global Business Initiative. (Chair), Cynthia Morel & Tola Moeun (Community Legal Education Centre)

 This session will explore the nexus between the right to development (RTD) and the right to an effective remedy. The session will draw upon the Endorois case, brought before the African Commission on Human and Peoples’ Rights, and human rights abuses suffered by female protestors outside a Puma factory in Kratie province, Cambodia, earlier this year. By reference to RTD, access to remedy will be examined by the panelists as both a right of process as well as one of outcome in Kenya and Cambodia.

12:00PM – 1:30PM

Lunch Break

1:30 – 3:00PM
Day 4, Session 3

 “Access to remedy in practice”

DISCUSSION (with Q &A)  (90 min)
* Cynthia Morel (Chair), James Nayagam (Commissioner, SUHAKAM(Malaysia)) & Answer Styannes (Head of Indonesia Office, Asian Human Rights Commission)

 In the afternoon, we turn to case studies to learn about access to remedy in practice in Southeast Asia.

3:00 – 3:30PM

Coffee Break

3:30 – 5:00PM
Day 4, Session 4

“The Role of Business, States and International Organizations to Provide Access to Remedy”

DISCUSSION (with Q &A)  (90 min)
Thomas Thomas (Chair), Mr. Salil Tripathi (Policy Director, Institute of Human Rights & Business) & Mr. Mark Hodge (Executive Director, Global Business Initiative &  Professor Hans-Petter Graver.

 Panelists will share their expertise in engaging with corporations in emerging markets in South and Southeast Asia to ensure that business practices are socially responsible and compliant.

Friday, 20 July 2012 (Day 5):  Implementing Human Rights in Business Practice

9 :00– 10:30AM
Day 5, Session 1

 “Due diligence as an element of the corporate responsibility to respect”

LECTURE (90 min)
*Mark Hodge

 As we wrap up the first full week of the course, participants will be asked to consider due diligence as an element of corporate responsibility. We will learn about a new study on the Responsibility to Respect in business relationships and explore particularly challenging questions such as relationships beyond the supply chain, the implementation of the General Principles with regard to leverage, involvement human rights severity and significance. A snap shot of practices and operational challenges will add to our better understanding of recent developments.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:00PM Day 5, Session 2

 Cont’

DISCUSSION CASE STUDY AND Q&A (60 min)
Prof. Christine Kaufmann, Mark Hodge, Nestlé representative

 Following the coffee break, Nestlés new policy to implement labour rights will serve as a starting point for our discussion on how different business sectors implement the Guiding Principles. Participants will have time for open Q&A and large group discussion about the first case study.

12:00PM – 1:30PM

Lunch Break

1:30 – 3:00PM
Day 5, Session 3

 Cont’

LECTURE (90 min)
*Bruno Bischoff, Credit Suisse

 After lunch, we will turn to our second case study of the day, which will consider the implementation of the Ruggie Framework in financial institutions. Presenting the Case study will be Bruno Bischoff, Sustainability Affairs at Credit Suisse AG, a Swiss global financial services company headquartered in Zürich, Switzerland.

3:00 – 3:30PM

Coffee break

3:30 – 5:00PM
Day 5, Session 4

 Cont’

DISCUSSION AND Q&A (90 min)
* Bruno Bischoff , Christine Kaufmann

 Following the coffee break, participants will have time for open Q&A and large group discussion about the second case study.

Monday, 23 July 2012 (Day 6):        Business & Conflict

9 :00 – 10:30AM
Day 6, Session 1

 “Instruments governing business conduct in conflict zones”

OPENING REMARKS (5 min)* Prof. David Smith (SMU Law), leading authority on natural resource law LECTURE with Q & A  (85 min)
* Lan Shiow Tsai (SMU Law) (Moderator) & Salil Tripathi

 Mr. Salil Tripathi will consider the various instruments that exist to influence and proscribe the type of business that may be conducted in conflict zones. The lecture will highlight the Red flags Initiative for companies in high–risk zones, the Voluntary Principles for Security & Human Rights and the Kimberly Process Certification Scheme. Mr. Tripathi will also consider the linkage between business in conflict zones and genocide prevention.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:00PM
Day 6, Session 2

 “Human rights implications of doing business in conflict zones”

LECTURE with Q & A  (60 min)
* Cynthia Morel (SMU Law) (Moderator) & Sidney Jones (Senior Adviser, International Crisis Group)

 Ms. Jones will consider business-related human rights issues relating to gold mining in Papua, with reference to the security and conflict issues that arise and the complex dilemmas that corporations face in confronting them. An environment of corrupt police, absentee government, clan rivalries, insurgency and a gold rush atmosphere in a very remote location complicates the ability of companies to uphold human rights principles despite the best of intentions.

12:00PM – 1:30PM

Lunch Break

1:30 – 3:00PM
Day 6, Session 3

“Risks and Opportunities for  business in conflict –Burma & Beyond”

DISCUSSION with Q & A  (90 min)
* Prof. Mahdev Mohan (Chair), Yuyun Wahyuningrum  (Human Rights Working Group (HRWG)), Mr. Bruno Bischoff & Mr. Salil Tripathi

Prudent use of resources can help the state overcome poverty, but there are many instances where the combination of conflict, corruption, and corporate complicity has contributed to flagrant human rights abuses. The panelists will examine significant dilemmas for governments and businesses in conflict-affected countries, such as Burma, and how businesses can often provide stability and help build peace.

3:00PM - 3:30PM

Coffee Break

3.30 – 5:00PM
Day 6, Session 4

 “Case-Study: Land Eviction concerning Boeung Kak Lake in Cambodia

DISCUSSION with Q & A  (90 min)
* Sidney Jones (Chair), Mr. Ee Sarom (Programme Coordinator, Sahmakum Teang Tnaut) & Ms. Tep Vanny (Community Representative, Boeung Kak Community) & Prof. Mahdev Mohan & Lan Shiow Tsai (SMU Law) & Tola Moeun (Head of Labour programme, Community Legal Education Centre (Cambodia))

 While companies ought to adhere to the principles of free, prior and informed consent, states often invoke eminent domain to take over land even if the community may not wish to move from the land. This has often resulted in violence and human rights abuses. How can companies act in ways that respect rights? After the coffee-break, panelists will consider this and related questions in the light of case-studies relevant to Cambodia.

Tuesday, 24 July 2012 (Day 7):        Children’s Rights & Business Principles

9:00– 10:30AM
Day 7, Session 1

 “Legal Framework for the Rights of Children”

LECTURE with Q & A  (90 min)
* Prof. Philip Cook (Executive Director, IICRD) (Moderator) & Mr. Kevin Koh, (UN Office for the High Commissioner for Human Rights (OHCHR))

Day seven of the course will focus specifically on the human rights of a particularly vulnerable group—children.  Kevin Koh, Representative from the Office of the High Commissioner for Human Rights, and Secretariat to the UN Committee on the Rights of the Child (CRC), will present an overview of the UN Convention on the Rights of the Child, the important state party monitoring role of the Committee, and recent developments in child rights monitoring addressing the role of the business community. Kevin will also present an update on a recent CRC General Comment focusing on child rights and business and will discuss its implications for the SE Asian region.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:30PM
Day 7, Session 2

 “Interventions supporting the rights of children, youth and women: Colombian Case study”

DISCUSSION with Q & A  (60 min) 
* Mr. Kevin Koh (Chair), Prof. Philip Cook & Mr. Mauricio Ibanez (CSR Consultant to Colombian Energy Sector Companies)

 Dr. Cook and Mr. Ibanez will discuss the complexities of interventions supporting the rights of children, youth and women in conflict affected communities in Colombia. Case studies will be presented outlining a human rights and development approach bridging differences between energy sector companies, vulnerable communities (including war affected, migrant and indigenous populations) and levels of local, provincial and national governments. Challenges and practical strategies for meaningful engagement of local communities in child, youth and women’s rights will be outlined and discussed.

12:30PM – 1:30PM

Lunch Break

1:30 – 3:00PM
Day 7, Session 3

 “Migrant Workers & Stateless Youth”

LECTURE with Q & A  (90 min)
* Ms. Saleemah Ismail (Co-Chair & Adviser, Trafficking Project, UN WOMEN Singapore) (Moderator), Mr. Phil Robertson (Deputy Director, Human Rights Watch (Asia))

 Phil Robertson brings a rich and diverse experience working across the human rights spectrum in SE Asia. He will present on his regional work with ASEAN in promoting the rights of migrant workers and the specific opportunities and challenges in supporting children of migrant workers and stateless youth engaged in dangerous and exploitive work.

3:00 – 3:30PM

Coffee Break

3:30 – 5:00PM
Day 7, Session 4

“Monitoring Business Practices and Raising Awareness of Child and Youth Exploitation”

DISCUSSION with Q & A  (90 min)
* Mr. Phil Robertson (Chair), Ms. Bindu Sharma (International Centre for Missing and Exploited Children (ICMEC)), Prof. Philip Cook & Dr. Ziba Vaghri (IICRD, University of Victoria and Human Early Learning Program, University of British Columbia)

Ms. Bindu Sharma will outline her work on expanding industry awareness of and thereafter action on, the use of formal industry channels for child exploitation. The financial and payments industry facilitate illegal commercial child sexual exploitation both online and in the physical world. The Internet today provides a remarkably anonymous means to solicit, access and disseminate child abuse images. Ms. Sharma will cover these regional trends in business, ICT and exploitation and abuse of children and the development of international human rights standards and instruments addressing these risks. Dr. Cook and Dr. Vaghri will present on a new framework for monitoring child rights that offers promise in bridging existing state party and private sector monitoring of children’s rights. Examples will be given from projects in Africa and Latin America focusing on the rights or young children to prevention of violence.

Wednesday, 25 July 2012 (Day 8):   Human Rights Due Diligence, Audits & Natural Resources

9 :00– 10:30AM
Day 8, Session 1

Corporate Trust, Credibility & Transparency”

 

LECTURE with Q & A  (60 min)
*Greg Thomas (SMU) (Moderator) &  Bob Grove (Managing Director, Edelman Southeast Asia)

 The 2012 Edelman goodpurpose® Study is the first study of its kind in Singapore to measure consumer attitudes around social purpose. Now in its 12th year, the 2012 Edelman Trust Barometer is the firm’s annual survey that measures trust and credibility in four key institutions including government, business, media, and non-governmental organizations (NGOs), as well as looking at communications channels and sources. Mr. Grove will look at the relationships between trust in corporates, the causes their brands support and consumer purchasing behavior to understand the focal point for NGOs, corporates and consumers to work together for the betterment of society.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:00PM
Day 8, Session 2

“Human Rights Due Diligence & Auditing in SEA”

DISCUSSION with Q & A  (60 min)
* Prof. David Cohen (Chair), Librian Angraeni (Sustainability Officer, Asia Pulp & Paper) & James Kallman (President, Mazars Indonesia)

Few companies have systems in place enabling them to support with confidence claims that they respect human rights. What is needed therefore is a process whereby companies become aware of, prevent, and address adverse human rights impacts. This session will examine one of the first ever human rights audit undertaken by a company in the region, Asia Pulp and Paper Group (APP). APP has appointed Mazars Indonesia, which has won the “Audit innovation of the Year” award for its “Human Rights Audit” practice, to independently assess existing policies across the company's regional operations.

12:00PM – 1:30PM

Lunch Break

1:30 – 4:00PM
Day 8, Session 3

“Natural Resource Extraction & Management”

DISCUSSION with Q & A  (90 min)
*Mr. James Kallman (Chair), Dr. Alexandra Guaqueta (UN Working Group for Human Rights & Transnational Corporations), Vanessa Zimmerman (Principal Human Rights Advisor, Rio Tinto), Solinn Lim (Deputy Regional Director, OXFAM America) & Daniel King (Asia Legal Director, EarthRights International).

The acquisition, extraction, use and management of natural resources are crucial and contentious issues in many emerging economies in Asia and around the world. Laws, regulations, and capacity building are important steps in natural resource development. A layer of complexity is added when trans-boundary impacts are involved. Our panel of experts from business, the UN, academia and civil society will address these issues and highlight internal human rights compliance policies and practical difficulties in the region, drawing on specific examples, including the Xayaburi dam project in Lao PDR.

4:00PM onwards

Free Session

Thursday, 26 July 2012 (Day 9):       Regional Research Initiatives on Business & Human Rights

9:00– 10:30AM
Day 9, Session 1

“Business and Human Rights in Southeast Asia”

DISTINGUISHED KEYNOTE ADDRESS  BY DR. GUAQUETA (90 min)
* Mr. Marzuki Darusman (Executive Director, HRRC) [Moderator] & Dr. Alexandra Guaqueta (Member, Working Group for Human Rights & Transnational Corporations)

The UN Framework and the Guiding Principles are only as strong as the degree to which they are understood, implemented and allowed to take root. This lecture considers how to embed the GPs and clarify international legal standards so as to help carry this important initiative forward in South-east Asia (‘SEA’) and other regions.

10:30 – 11:00AM

Coffee Break

11:00AM – 12:30PM
Day 9, Session 2

Cont’

DISCUSSION (with Q & A)  (90 min)
* Mr. Rafendi Djamin [Chair], Ms. Delphia Lim & Ms. Geetanjali Mukherjee (SMU Law & HRRC), Daniel King (Asia Legal Director, EarthRights International) & AICHR representative.

Panelists will present preliminary findings from leading studies on business & human rights in the region, followed by comments from AICHR Representative for Indonesia, Mr. Rafendi Djamin.

12:30PM – 2:00PM

Lunch Break

2:00 – 3:30PM
Day 9, Session 3

“Human Rights in Context”

DISTINGUISHED CLOSING ADDRESS BY MR. RICHARD MAGNUS (90 min) 
* Prof. David Cohen [chair] & Mr. Richard Magnus, AICHR Representative

3:30 – 3:45PM

Coffee break

3:45 – 5:00PM
Day 9, Session 4

“Conclusion of the Course”

DISCUSSION (with Q & A)
* H.E. Ong Keng Yong (chair), Dr. Alexandra Guaqueta, Ms. Melissa Kwee (Vice President, Human Capital, Pontiac Land Group Singapore), Ms. Midori Miyazaki (Executive Director, Worldwide Support for Development, Japan)

We will convene a roundtable discussion of esteemed commentators, including our Keynote speaker, to discuss the regional studies and how best to support the Working Group’s mandate.

CLOSING REMARKS & AWARDING CERTIFICATES

Following closing remarks, participants will receive certificates of completion by representatives of the partner institutions.

 

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