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Bonsucro Global Week 2022 - Social Dialogue

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Presentation for 'Social dialogue: giving voice to sugarcane workers and their communities' session at Bonsucro Global Week 2022

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Social Dialogue Grievance Mechanisms October 2022
Bonsucro Strategy & Human Rights Due Diligence • Respect for Human Rights • Promotion of UN Guiding Principles on Business & Human Rights and OECD-FAO Guidance on Responsible Agricultural Supply Chains • Bonsucro Code of Conduct, due diligence, Grievance Mechanism, collective actions, impact projects Bonsucro Production Standard (v5.1) • Principle 1 • The operator develop and implements sustainability policies (includes “Human Rights aligned with the UNGP”) (C) • Risk and impacts are systematically assessed (C) • Risk management plans (C) • Grievance Mechanism aligned to UNGPs Effectiveness Criteria (C)
• Co-funded by SECO through the ISEAL Innovations Fund • Partnership between Bonsucro and Responsible Jewellery Council (RJC) • Two workstreams (info & deliverables here): – Challenges and Learning on Human Rights Due Diligence systems and Grievance Mechanisms among ISEAL Community members (research by Twentyfifty) – Resource for MSI and Private Sector for working with Third Parties in the Implementation of Grievance Mechanisms (research by The Remedy Project) Good practice & learning in Due Diligence & Grievance Mechanisms
• Framework for the design, function and evaluation of GMs • Non-judicial mechanisms should be: a) Legitimate b) Accessible c) Predictable d) Equitable e) Transparent f) Rights-compatible g) A source of continuous learning h) Based on engagement and dialogue UNGP 31 - Effectiveness Criteria as framework
• Language barriers • Financial barriers (GM management, mediation costs etc) • A lack of trust in the objectivity and independence of privately- operated grievance mechanisms • A lack of awareness of the existence and benefits of such mechanisms • Fear of retaliation, and power and resource imbalances Some of the key challenges identified in private sector and MSI GMs
The research looked at different potential partners for VSS and private Grievance Mechanisms including Civil Society Organisations (CSOs), Non-Governmental Orgs (NGOs), Community-Based Orgs, Worker Groups (syndicates/trade unions) as well as advisors/experts, and technology providers. How can Partnerships with Third Parties help? Enhance outreach and engagement with rightsholders Collaborate in the resolution of grievances Pool resources to improve quality of services or support provided Streamline and coordinate functions and services Access specialist expertise Improve the effectiveness of grievance mechanisms Provide information to rightsholders to enable them to identify and assess pathways to remedy Find out more here: https://bonsucro.com/using-third-parties-to-support-the-design-and- implementation-of-grievance-mechanisms/
• Effective remedy may not be achievable through a single mechanism: a combination of approaches may be needed • Practical and legal interconnections between different mechanisms (e.g. judicial and non-judicial) • Grievance mechanisms are not “islands”: they all have a regulatory setting • Need for tailored approach to the context and risks • Strive for a more coherent, less fragmented, and more easily navigable remedy landscape • Consider the contributions each actor can make —individually and collectively —to address gaps in, and enhance the functioning of, the remedy ecosystem in which they operate. From the OHCHR - Accountability and Remedy Project III OHCHR – The “remedy ecosystem” approach
Bonsucro’s continuous improvement • Committed to continuous improvement towards further alignment with the UNPGPs Effectiveness criteria: – Accessibility (language): we will provide the mechanism in other languages through CEDR – Accessibility & Transparency: clearer and more accessible/user friendly communication materials and key messages – Ecosystem: we will clarify and strengthen Bonsucro’s ecosystem, collaborating with other third parties and through our risk management and monitoring tools
Bonsucro Global Week 2022 - Social Dialogue
Group questions 1) What challenges does your company foresee in relation to accessibility of operational-level Grievance mechanisms? How are they been addressed? 2) What benefits come with the implementation of effective grievance mechanisms? 3) What other channels are important to have in place and consider in your remediation eco-system?
• Principle 1  The operator develop and implements sustainability policies (includes “Human Rights aligned with the UNGP Principles 15 and 16”) (C)  Risk and impacts are systematically assessed (C)  Risk management plans (C)  Grievance Mechanism aligned to UNGPs Effectiveness Criteria (C) Bonsucro Production Standard (v 5.1)

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Bonsucro Global Week 2022 - Social Dialogue

  • 2. Bonsucro Strategy & Human Rights Due Diligence • Respect for Human Rights • Promotion of UN Guiding Principles on Business & Human Rights and OECD-FAO Guidance on Responsible Agricultural Supply Chains • Bonsucro Code of Conduct, due diligence, Grievance Mechanism, collective actions, impact projects Bonsucro Production Standard (v5.1) • Principle 1 • The operator develop and implements sustainability policies (includes “Human Rights aligned with the UNGP”) (C) • Risk and impacts are systematically assessed (C) • Risk management plans (C) • Grievance Mechanism aligned to UNGPs Effectiveness Criteria (C)
  • 3. • Co-funded by SECO through the ISEAL Innovations Fund • Partnership between Bonsucro and Responsible Jewellery Council (RJC) • Two workstreams (info & deliverables here): – Challenges and Learning on Human Rights Due Diligence systems and Grievance Mechanisms among ISEAL Community members (research by Twentyfifty) – Resource for MSI and Private Sector for working with Third Parties in the Implementation of Grievance Mechanisms (research by The Remedy Project) Good practice & learning in Due Diligence & Grievance Mechanisms
  • 4. • Framework for the design, function and evaluation of GMs • Non-judicial mechanisms should be: a) Legitimate b) Accessible c) Predictable d) Equitable e) Transparent f) Rights-compatible g) A source of continuous learning h) Based on engagement and dialogue UNGP 31 - Effectiveness Criteria as framework
  • 5. • Language barriers • Financial barriers (GM management, mediation costs etc) • A lack of trust in the objectivity and independence of privately- operated grievance mechanisms • A lack of awareness of the existence and benefits of such mechanisms • Fear of retaliation, and power and resource imbalances Some of the key challenges identified in private sector and MSI GMs
  • 6. The research looked at different potential partners for VSS and private Grievance Mechanisms including Civil Society Organisations (CSOs), Non-Governmental Orgs (NGOs), Community-Based Orgs, Worker Groups (syndicates/trade unions) as well as advisors/experts, and technology providers. How can Partnerships with Third Parties help? Enhance outreach and engagement with rightsholders Collaborate in the resolution of grievances Pool resources to improve quality of services or support provided Streamline and coordinate functions and services Access specialist expertise Improve the effectiveness of grievance mechanisms Provide information to rightsholders to enable them to identify and assess pathways to remedy Find out more here: https://bonsucro.com/using-third-parties-to-support-the-design-and- implementation-of-grievance-mechanisms/
  • 7. • Effective remedy may not be achievable through a single mechanism: a combination of approaches may be needed • Practical and legal interconnections between different mechanisms (e.g. judicial and non-judicial) • Grievance mechanisms are not “islands”: they all have a regulatory setting • Need for tailored approach to the context and risks • Strive for a more coherent, less fragmented, and more easily navigable remedy landscape • Consider the contributions each actor can make —individually and collectively —to address gaps in, and enhance the functioning of, the remedy ecosystem in which they operate. From the OHCHR - Accountability and Remedy Project III OHCHR – The “remedy ecosystem” approach
  • 8. Bonsucro’s continuous improvement • Committed to continuous improvement towards further alignment with the UNPGPs Effectiveness criteria: – Accessibility (language): we will provide the mechanism in other languages through CEDR – Accessibility & Transparency: clearer and more accessible/user friendly communication materials and key messages – Ecosystem: we will clarify and strengthen Bonsucro’s ecosystem, collaborating with other third parties and through our risk management and monitoring tools
  • 10. Group questions 1) What challenges does your company foresee in relation to accessibility of operational-level Grievance mechanisms? How are they been addressed? 2) What benefits come with the implementation of effective grievance mechanisms? 3) What other channels are important to have in place and consider in your remediation eco-system?
  • 11. • Principle 1  The operator develop and implements sustainability policies (includes “Human Rights aligned with the UNGP Principles 15 and 16”) (C)  Risk and impacts are systematically assessed (C)  Risk management plans (C)  Grievance Mechanism aligned to UNGPs Effectiveness Criteria (C) Bonsucro Production Standard (v 5.1)

Editor's Notes

  1. Our Code of Conduct revision in 2020 ensures convergence with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Responsible Agricultural Supply Chains. The Code of Conduct commits members to respect human rights and work within the terms of the Bonsucro Grievance Mechanism, setting the bar for other sustainability standards. Key message – investing in continuous improvement and learning. We have invested in projects to support us improve and learn from others.
  2. The “remedy ecosystem” approach recognises that there are many points of interconnection between different laws, policies, institutions, mechanisms and actors that are relevant to whether or not people will receive remedies for harm. It focuses on the way the system as a whole operates to deliver remedies to affected people rather than on the roles, attributes and mechanics of individual mechanisms. OHCHR, ‘Access to remedy and the technology sector: a remedy ecosystem approach”, B-Tech foundational paper, January 2021