1 The Key International Standards as a Framework for the SWIA As the ICT SWIA is particularly focused on human rights, the UN Guiding Principles on Business and Human Rights (the UN Guiding Principles) 36 are its primary benchmark. These were unanimously endorsed by the UN Human Rights Council in 2011 and are now the authoritative global reference point on business and human rights. The UN Guiding Principles provide operational guidance to States and business for the implementation of the UN ‘Protect, Respect and Remedy’ Framework (2008) 37 which defines the complementary but distinct roles of States and business in protecting and respecting human rights. At a minimum, business must ensure that its activities do not infringe the human rights set out in the International Bill of Human Rights, 38 the principles concerning fundamental rights set out in the International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work, 39 as well as other human rights instruments concerning specific vulnerable or marginalised groups which a company may adversely impact. 40 The ICT SWIA also incorporates other key international standards relevant to responsible business conduct, particularly those concerning impacts of business on human rights: • The OECD Guidelines on Multinational Enterprises which apply to the global operations of companies domiciled in an OECD country and the 10 additional countries adhering to the OECD Guidelines. 41 The human rights chapter of the OECD Guidelines on Multinational Enterprises is aligned with the UN Guiding Principles. The OECD Guidelines therefore apply to the Myanmar operations of any company based in any of the 45 countries adhering to the Guidelines. • ISO 26000 and the UN Global Compact are also aligned with the UN Guiding Principles and important references in the region. • sustainability policies of international financial institutions (Asian Development Bank and World Bank Group), and in particular, the IFC Performance Standards and World Bank Group Environmental, Health and Safety (EHS) Guidelines. The IFC Performance Standards and EHS Guidelines are designed to be applied by the private sector, contain quite detailed standards for many areas relevant to ICT operations, and specifically cover and are aligned with many human rights standards. • guidance from leading industry groups such as Global Network Initiative (GNI), Telecommunications Industry Dialogue, and Global e-Sustainability Initiative (GeSI). 36See: OHCHR, UN Guiding Principles on Business and Human Rights (2011). See: OHCHR, UN “Protect, Respect and Remedy” Framework (2008). 38 Comprised of the UN Declaration on Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. 39 International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work (1998). 40 See: OHCHR, “The Core International Human Rights Instruments and Their Monitoring Bodies” (accessed August 2015). 41 Additional signatories to the OECD Guidelines are: Argentina, Brazil, Colombia, Egypt, Latvia, Lithuania, Morocco, Mexico, Peru, and Tunisia. See: http://mneguidelines.oecd.org/ncps/ 37 48 PAGE CHAPTER 1: INTRODUCTION