UNGP: Importance of Policy Coherence in Addressing Resource Conflicts
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UNGP: Importance of Policy Coherence in Addressing Resource Conflicts Kalpalata Dutta 1
# Springer Nature Switzerland AG 2020
Abstract India has committed to develop the Nation Action Plan on Business and Human Rights as required under the United Nations Guiding Principles on Business and Human Rights. The guiding principles require states to achieve policy coherence between international human rights obligations and national legal and policy frameworks, as well as between different arms of the State to ensure that the laws and policies are applied in accordance with their objectives. Over the years, India has developed a framework of laws that protect the rights of forest dwellers affected by mining projects. At the same time, the government is actively trying to undermine the safeguards that are embedded in these laws, putting the rights of forest dwellers at risk. This lack of policy coherence at the horizontal level is contributing to conflicts between the State and the people affected by such projects. The Indian State has to give serious attention to this lack of policy coherence; otherwise, the national action plan on business and human rights would be a meaningless exercise. Keywords Business and human rights . Policy coherence . Indigenous peoples . Extractive industries
Introduction Concerned about the adverse impact of business on human rights, in 2005, the United Nations Commission on Human Rights appointed Professor John Ruggie as a Special Representative of the United Nations Secretary-General with the mandate of clarifying standards of responsibility and accountability of both states and businesses, concerning business and human rights. After extensive consultations with all stakeholders, including states, businesses, and civil society organisations, Professor Ruggie finalised a set of 31 principles that elaborated upon the duties of states and businesses to respect and protect human rights. These principles known as the United Nations Guiding Principles on Business and Human Rights (UNGP) were endorsed by the Human Rights Council in 2011. As part of its obligations to implement the Guiding Principles, the Indian government has started the Adapted from a paper presented at the 6th International Conference on International Relations and Development, 22–23 November 2019, Mae Fah Luang University, Thailand * Kalpalata Dutta [email protected] 1
Institute of Human Rights and Peace Studies, Mahidol University, Salaya, Thailand
process of drafting the National Action Plan (NAP) on business and human rights. A zero draft of the NAP was published in December 2018. The zero draft reaffirms India’s commitments towards the realisation of human rights, inclusive development, and the promotion of socially responsible businesses. The first pillar on the UNGPs clarifies the obligation of the State to protect individuals against human rights abuses by business enterprises. The UNGPs recommend that to promote respect for human rights by businesses, states should attempt to achieve policy coherence. Such policy
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