Practical guide to human rights due diligence in sugarcane supply chains
The commitment to respect basic human rights (protected by international conventions) is the responsibility of all companies, regardless of their size, area of operation or location. In addition, there is a growing demand from various stakeholders such as customers, civil society, consumers, investors, and governments for companies to promote respect for human rights in their own operations and supply chain.
Against this backdrop, and with the aim of supporting companies' efforts to meet their commitments to respect human rights, the Practical Guide for Human Rights Due Diligence in the Sugarcane Sector was developed, with the following objectives:
present the main steps of the Responsible Business Conduct approach, including: definition of human rights policy and commitments, implementation of the commitments through the process of Human Rights Due Diligence, and Remediation (see figure above)
build the capacity of companies at the beginning of the supply chain on its correct implementation in order to prevent and mitigate human rights violations in their operations and supply chains
provide a practical perspective on the application of this methodology within the context of sugarcane mill operations, taking into account the regional differences in sugarcane production in Brazil
The Guide is aimed primarily at sugarcane producers and suppliers, seeking to implement practices that encourage respect for internationally recognized human rights.
The first stage, Policy, involves making public the commitment to respect internationally recognized human rights, as well as the associated responsibilities.
The second stage, Human Rights Due Diligence, is a management process of continuous improvement that a responsible company must carry out to respect the rights of the people involved in the production of sugar or that live close to the production sites. The process consists of: 1. identifying human rights risks and impacts; 2. defining actions to address them and integrating solutions into the company's systems and procedures to prevent and mitigate them; 3. monitoring the effectiveness of the actions implemented; and 4. communicating actions and results to the relevant actors. These steps provide a systematic framework to achieve a more sustainable production and sourcing of sugar for the people potentially affected by it.
The third stage consists of Remediation of the harm that has already occurred, through restoration or compensation. This stage is also related to the Due Diligence process to mitigate or prevent a damage happening again.
The Briefing Notes that make up this Practical Guide are divided as follows:
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The process of human rights due diligence in a company begins with the definition of its policy, including the commitments and responsibilities that enable its implementation. The policy is an important tool for raising awareness and cascading human rights commitments to the other actors along the supply chain.
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In order to ensure the respect for human rights, it is essential to identify the risks and adverse impacts on human rights resulting from its activities or business relations.
The identification process involves analysing the geographical and operational context, as well as identifying the people who may be affected. In addition, it is necessary to determine the level of saliency (severity and probability) of the identified risks and to understand the root causes of the main identified risks and impacts.
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After identifying and prioritizing the human rights risks and impacts, the next step is to determine how to address what has been identified and its root causes. This includes preventing, correcting, and remediating actual impacts, if necessary, and integrating human rights considerations into existing processes and systems to reduce the possibility of the risk/impact reoccurring.
The actions can often be a smart mix of actions with the company’s direct and indirect suppliers and in collaboration with other stakeholders, especially when risks are systemic in nature.
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Monitoring involves reviewing the implemented activities to prevent, mitigate and remedy the identified risks and impacts, and verifying the effectiveness of these activities, using indicators to carry out a continuous monitoring. This is essential to support internal decision-making and provide transparency to stakeholders.
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The communication stage involves informing stakeholders about the identified human rights impacts and risks, the measures being taken to prevent, mitigate and remediate these risks and impacts, and the effectiveness of these measures in addressing the root cause of the identified impacts.
The company's transparency in its communication involves providing complete, objective, quality, and reliable information, as well as being freely accessible, easy to understand and publicly shared.
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Even with good management systems implemented, human rights abuses can happen. Therefore, it is important for companies to take appropriate measures to remedy harm to people affected by their own activities and in their supply chain. Companies need to remedy or assist in the remediation process of harm resulting from business relationships involving their entire operation.
In each of the briefing notes that comprise this practical guide, we have tried to provide a perspective on groups in situations of vulnerability (herein referred to as "vulnerable groups") that are often invisible or excluded from initiatives to protect and respect human rights by companies. It is important to understand certain nuances when addressing the needs and rights of vulnerable groups.
For a better understanding, the concept of Vulnerable Groups used in these materials is highlighted below:
“Vulnerable individuals, groups, and communities are those that face a particular risk of being exposed to discrimination and other adverse human rights impact. People who are disadvantaged, marginalized, or excluded from society are often particularly vulnerable. Examples may be children, women, indigenous peoples, people belonging to ethnic or other minorities, or persons with disabilities. Vulnerability can depend on context. For example, while women are more vulnerable to abuse than men in some contexts, they are not necessarily vulnerable in all contexts. Conversely, in some situations women from marginalized groups may be doubly vulnerable: because they are marginalized and because they are women.”
The Corporate Responsibility to Respect Human Rights: An Interpretive Guide - United Nations iLibrary