Ksapa | July 2023

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EDITORIAL

We have been using and working with the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct extensively. We welcome the 2023 update reflecting a decade of experience since their last update back in 2011. We encourage governments, multilaterals, companies, and investors to closely review the 2023 edition, providing a consensual framework to define responsibilities and the level of action needed by every economic stakeholder to address the urgent social, environmental, and technological priorities facing societies and businesses today. In many respects, this update is totally consistent with the tools, recommendations and activities already carried out by Ksapa with its existing range of customers.
 
Key updates in the 2023 version include:
👉 Recommendations for enterprises to align with internationally agreed goals on climate change and biodiversity. Net zero is a contentious subject for very good reasons. This update confirms that it is no longer possible to claim to be a responsible company without ambitions in line with the Paris Agreement and the TNFD framework.
👉 Recommendations for due diligence on the development, financing, sale, licensing, trade, and use of technology, including gathering and using data. Ksapa not only extensively works with financial institutions on these complex issues. But Ksapa has also developed a wealth of methodological and functional expertise with its customers on responsible digitization issues.
👉 Recommendations on how enterprises are expected to conduct due diligence on impact and business relationships, including the use of their products and services. Ksapa's methodologies, already aligned with the best market standards, have been encouraging our customers to work not only on the supply chain, but also on the downstream part of the value chain, including products and services, for years
👉 Better protection for at-risk persons and groups, including those who raise concerns regarding the conduct of businesses
👉 Updated recommendations on disclosing non-financial information on sustainability materiality, and human rights risk mapping, as these tools do not prioritize subjects using the same set of criteria
👉 Expanded due diligence recommendations to include all forms of corruption
👉 Recommendations for enterprises to ensure lobbying activities are consistent with the Guidelines
👉 Procedures to standardize the way the various national contact points on responsible business conduct operate. Ksapa's teams have had the opportunity to work with and assist in the mediation of various sensitive cases, with several of these NCPs, across several OECD countries.
 
As such, Ksapa is already a very active global initiative in the promotion and application of the 2023 Guiding Principles:

Finally, Ksapa recently signed a multi-year contract with the OECD. Ksapa will thus also be working closely with the OECD to implement these updated guidelines through various collaborative programs and initiatives in 2023 and beyond.

We wish you all an excellent summer season. We look forward to hearing from you soon!
 
Farid Baddache, CEO

IN THE SPOTLIGHT

Human Rights Training: 6 Principles Ensuring Empowerment and Alignment 
In our briefing paper this month :  The role of businesses in respecting human rights is to ensure that their operations and practices do not infringe on the basic rights and freedoms of individuals, as outlined in the UN Guiding Principles on Business and Human Rights. Executives and employees play a critical role as they are responsible for implementing policies and procedures that ensure the protection and promotion of human rights within the organization and in its operations. Therefore, it is crucial to ensure that employees and executives are equipped with the necessary knowledge and skills. In this briefing paper, we outline 6 principles to ensure empowerment and alignment in this context. 
Addressing Ethical Risks of AI Working on Business and Human Rights
Ksapa has been working extensively on human rights, exploring how companies are embedding technologies across how they operate and deliver services. It is clear, though, that the scale and penetration of machines programmed to mimic and perform tasks that would typically require human intelligence is dramatically affecting all aspects of business, across every industry. Working on human rights, we have been exploring a broad range of techniques, algorithms, and technologies that enable machines to perceive, reason, learn, and make decisions. In the context of increasing regulations underway such as the EU AI Act, we share some of our learnings to date to encourage the positive impacts while mitigating the risks here.
Conducting a Materiality Assessment: Principles to Get it Right
Today, private-sector players across various countries are subject to a number of regulatory obligations. These relate to their CSR commitments, particularly in terms of non-financial reporting. A number of tools are available to support companies in their compliance efforts, and a materiality analysis is one such useful tool. In this blog, we discuss what a materiality analysis is, calibrating a materiality analysis and identifying the necessary criteria, the concept of double materiality, and how these tools support internal alignment to build a sustainability strategy. 
Addressing the Environmental and Human Rights Challenges of Agricultural Supply Chains: A Cue Card for Corporate Buyers
Agricultural commodity supply chains encompass the entire journey of agricultural products from the farm to the end consumer or user, and can have positive or negative impacts on the people and biodiversity in production areas. Agricultural commodity supply chains face several environmental and human rights challenges, and addressing these challenges requires collaboration among stakeholders. By integrating sustainability considerations into their purchasing practices, corporate buyers can exert significant influence on agricultural commodity supply chains and contribute to mitigating environmental impacts and promoting human rights. Here's how
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