A resource repository on business and human rights issues relating to the Russian invasion of Ukraine
The Russian invasion of Ukraine has drawn international condemnation, and presents serious human rights challenges for business. As the conflict continues, businesses operating in, or with interests in, both Russia and Ukraine must decide how they are going to respond including how they will evolve existing responses. This includes considering whether and how their response will be guided by their human rights responsibilities..
At Pillar Two, we strongly believe that taking a rights-based approach in line with core international business and human rights standards (including the UN Guiding Principles on Business and Human Rights) to all elements of a company’s response, including responsible exit, and alongside other related appropriate action such as sanctions adherence, will help drive better outcomes for people the business may impact as well as the business itself.
There is a growing number of opinion pieces and tools about how businesses can ensure they are respecting human rights through their responses to the conflict. To encourage more global businesses to take a human-rights based approach, and to better equip their internal experts and key external stakeholders (such as investors and civil society organisations) to ask them about it, we have collated key resources in this blog which we will update as resources become available.
We are prioritising business-related responses or tools with a clear human rights element – so for example you may need to go elsewhere to see general company statements or sanctions resources unless they also expressly consider human rights.
Our inclusion of a resource indicates that we believe it may offer some useful insights and recommendations for rights-respecting business practice but does not necessarily mean we endorse its author or organisation, or that we agree with all of its content. This blog is also not intended to provide any legal advice.
We may also miss key resources along the way and invite you to let us know at hello@pillar-two.com.
We have categorised the resources as follows:
· Opinion pieces on steps business should be taking, including around responsible exit
· Guidance and tools
· Information on business responses to the conflict
· Select company statements on the conflict
LAST UPDATED: 11 July 2022
Note: This blog will no longer be regularly updated going forwards. However, we will continue to monitor the situation and may post additional resources as they become available.
OPINION PIECES ON STEPS BUSINESS SHOULD BE TAKING, INCLUDING AROUND RESPONSIBLE EXIT
BRIEFING: CORPORATE DUE DILIGENCE IN TIMES OF ARMED CONFLICT
European Coalition for Corporate Justice (ECCJ) and Frank Bold, June 2022
Argues that Russia’s invasion of Ukraine has ‘highlighted the need for corporate human rights and environmental due diligence legislation’. Go to briefing.
LETTER: CIVIL SOCIETY CALLS FOR EFFICIENT ACTIONS TO STOP RUSSIAN AGGRESSION IN UKRAINE
Various civil society organisations, June 2022
A coalition of civil society organisations published a letter to companies and governments supporting the Extractive Industries Transparency Initiative calling for “extractive sector companies and governments to more effectively refuse all engagement with the Russian oil and gas industry”. Go to letter.
FROM ATROCITIES TO ACCOUNTABILITY
Ruth Green (International Bar Association), 24 May 2022
Examines public scrutiny on corporate responses to the invasion of Ukraine as well as wider issues relating to the conflict, including accountability for human rights abuses. Go to article.
EXITING RUSSIA: A NEW PARADIGM FOR GEOPOLITICAL CORPORATE RESPONSIBILITY?
Bennet Freeman (consultant), lecture given at the Institute of International Studies at the University of California at Berkeley, 13 April 2022
Discusses the implications of the exit of Western companies from Russia since the invasion of Ukraine for the global business and human rights landscape. Go to recording.
THE HUMAN RIGHTS RISKS OF DOING BUSINESS IN RUSSIA FOLLOWING THE INVASION OF UKRAINE
Victor Zhu (UNSW Australian Human Rights Institute), undated
Highlights that multinational businesses need to “consider the long-term risks of operating in Russia and ensure their responses are consistent with human rights standards,” as well as challenges for businesses operating in Ukraine. Go to blog post.
GUIDANCE AND TOOLS
HEIGHTENED HUMAN RIGHTS DUE DILIGENCE FOR BUSINESS IN CONFLICT-AFFECTED CONTEXTS: A GUIDE
United Nations Development Programme and the UN Working Group on Business and Human Rights, 16 June 2022
Guidance for businesses and other actors about businesses’ responsibility to carry out heightened human rights due diligence in conflict-affected areas such as Ukraine. Go to report .
RUSSIAN INVASION OF UKRAINE: ANALYSIS OF COMPANIES' HUMAN RIGHTS DUE DILIGENCE
Business and Human Rights Resource Centre, 24 May 2022
Analyses survey responses from businesses regarding their responses to the invasion of Ukraine and provides recommendations for companies and investors to improve their conflict-sensitive human rights due diligence processes. Go to article.
HUMAN TRAFFICKERS LURING UKRAINIAN REFUGEES ON THE WEB TARGETED IN EU-WIDE HACKATHON
Europol, 23 May 2022
Outlines how a group of 14 EU member states participated in a coordinated hackathon targeting criminal networks grooming Ukrainian refugees for sexual and labour exploitation via websites and social media platforms. Go to article.
INFORMATION ON BUSINESS RESPONSES TO THE CONFLICT
UKRAINIAN COMPANIES AND HUMAN RIGHTS DURING THE WAR
Olena Uvarova (Business and Human Rights Resource Centre), 4 April 2022
Explores key challenges for Ukrainian businesses continuing to operate during the conflict in meeting their responsibilities to respect human rights. Go to article.
GOOGLE ASKED ITS RUSSIAN TRANSLATORS NOT TO REFER TO A “WAR” IN UKRAINE
Lila MacLellan (Quartz) interviewing Caitlin Vogus (Center for Democracy & Technology), 30 March 2022
Discusses the challenges for companies that provide essential services in deciding how to respond to the invasion of Ukraine, particularly in the technology space. The piece highlights the importance of companies engaging in-house human rights experts and planning how to respond to human rights challenges associated with conflicts and other events in advance. Go to article.
A PARTNER IN NEED IS A PARTNER INDEED
Olena Uvarova (Danish Institute for Human Rights newsletter), [publication date not available]
Highlights the importance of supporting business and human rights researchers and think tanks within Ukraine, including to enable ongoing engagement with foreign businesses and provision of guidance to companies about respecting human rights. Go to letter.
CAN SANCTIONS, BOYCOTTS AND DIVESTMENT ACHIEVE HUMAN RIGHTS OUTCOMES?
John Morrison and Salil Tripathi (Institute for Human Rights and Business), 28 March 2022
Explains the differences between divestment, boycotts and sanctions, and how they can impact human rights, including the importance of businesses considering challenges around ‘responsible exit’ in the context of the invasion of Ukraine and more broadly. Go to article.
Russia: Sanctions and divestment. The case for a nuanced approach
Dr Peter Stanbury and Toby Webb (Sustainability = Smart Business), 22 March 2022
Explores challenges associated with corporate divestment and related human rights implications and highlights the need for a human rights informed approach. Go to article.
UKRAINE: RESPONSIBLE BUSINESS CONDUCT IN A WAR OF AGGRESSION
Phil Bloomer & Ella Skybenko (Business and Human Rights Resource Centre), 18 March 2022
Underscores that companies must apply a human rights based approach consistent with the UNGPs in responding to the Russian invasion of Ukraine, including undertaking heightened human rights due diligence. The authors highlight that for companies that decide to withdraw from Russia or Ukraine, “their responsibility does not end with this decision”. Rather, businesses must continue to take steps to minimise harm caused by their exit (for example to workers). Go to article.
WHAT DOES INTERNATIONAL CONFLICT MEAN FOR RESPONSIBLE INVESTMENT?
Nathan Fabian (UN Principles for Responsible Investment), 17 March 2022
Emphasises that “the severe impact of the Ukraine conflict will raise it to the top of investor priorities on human rights” and that investors should incorporate human rights issues in investment decisions, including considering whether their investments may exacerbate conflict “directly or indirectly”. Go to article.
TECH COMPANIES SHOULD PRIORITIZE RIGHTS IN UKRAINE
Human Rights Watch, 16 March 2022
Advocates for social media and messaging services companies to be more transparent and clear about how they are working to respect human rights in the context of the conflict in Ukraine, including taking steps to ensure the security of vulnerable people and being more transparent about moderation practices and how they consider freedom of expression when making decisions about removing content. Go to article.
Human Rights Watch has also published a related ‘Question & Answer’ document. Go to article.
In Light of Russia Sanctions, Consider Your Conditions for Doing Business in Other Countries
John E. Katsos, Jason Miklian & John J. Forrer (Harvard Business Review), 15 March 2022
Argues that companies need to consider the implications of the invasion of Ukraine and subsequent sanctions for their operations in other countries which may also be involved in human rights abuses. This includes considering conditions for responsibly exiting and potentially later re-entering the country. Go to article.
A PROFESSION CLOSE TO MORAL BANKRUPTCY
Robert Barrington (Law Society Gazette), 11 March 2022
Examines whether law firms are withdrawing from Russia and highlights the importance of the legal profession seeking to uphold human rights and fundamental freedoms. Go to article.
SHOULD WESTERN FOOD COMPANIES EXIT RUSSIA OVER UKRAINE WAR?
Katy Askew (Food Navigator), 10 March 2022
Discusses the complexity of decisions about whether and how to make a responsible exit from Russia for food companies, noting that economic sanctions can have a disproportionate adverse impact on the health and nutrition of the most vulnerable members of society, including women and children. Go to article.
THE UKRAINE CRISIS: HOW CORPORATIONS SHOULD RESPOND TO RUSSIA’S INVASION
Michael Posner (Forbes), 10 March 2022
Stresses that companies should look beyond profit and legal compliance when making decisions about responding to the conflict, including by considering whether and how their activities may be supporting the Russian military or broader Russian economy. Go to article.
WHEN SHOULD BUSINESS TAKE A STAND?
Sarah Murray (Financial Times), 9 March 2022
Draws on the conflict in Ukraine to explore changing stakeholder expectations for businesses engaging publicly with political or ethical issues (including human rights issues) and how they can align their business activities accordingly. Go to article.
INVESTOR ALERT: HUMAN RIGHTS RISKS RELATED TO THE RUSSIAN INVASION OF UKRAINE
Investor Alliance for Human Rights, 3 March 2022
Calls for business and investors to go beyond legal compliance with sanctions and undertake human rights due diligence in line with the UNGPs, including considering the human rights consequences of disengagement and divestment. Go to article.
THE HUMAN RIGHTS RESPONSIBILITIES OF BUSINESSES ENGAGED IN RUSSIA
Lara Strangways and Clara Prantl (Global Rights Compliance), [exact publication date unknown] 2022
Recommends that businesses consider whether they may be involved in human rights violations in connection with the conflict in Ukraine, in accordance with the UNGPs. This includes considering how to use their leverage to prevent or mitigate actual and potential human rights impacts. Go to article.
UKRAINE AND RUSSIA: COMPANIES NEED TO CARRY OUT ENHANCED HUMAN RIGHTS DUE DILIGENCE
Ron Popper (Global Business Initiative on Human Rights), 2 March 2022
Emphasises why businesses should undertake human rights due diligence to inform their responses to the conflict, including the importance of integrating human rights specialists into crisis management discussions. Go to article.
GUIDANCE AND TOOLS
RAPID HUMAN RIGHTS DUE DILIGENCE DURING POLITICAL AND ARMED CONFLICT: A BUSINESS RESPONSE TO UKRAINE
Kayla Winarsky Green (BSR), 7 April 2022
A rapid human rights due diligence tool to help with quick decision-making in response to Russia’s invasion of Ukraine and other instances of political and armed conflict. Go to article.
UKRAINE: THE ROLE OF BUSINESS
Kylie Porter (Global Compact Network Australia), 6 April 2022
Blog post identifying ways businesses can support Ukraine, including financial and other practical support to assist with distributing humanitarian supplies and undertaking human rights due diligence to identify and address potential human rights impacts relating to the conflict. Go to article.
TIKTOK MUST NOT FAIL UKRAINIANS
Sam Gregory (Wired), 25 March 2022
Outlines key practical steps all social media platforms can take to support and empower users affected by the conflict in Ukraine and elsewhere, and to prevent these platforms being used to facilitate human rights violations. Go to article
RAPID RESPONSES: BUSINESS, HUMAN RIGHTS, AND UKRAINE
University of Essex Human Rights Centre, 21 March 2022
Two hour webinar featuring experts on business and human rights (including from Ukraine) discussing the human rights risks and responsibilities for business operating in Ukraine and practical measures businesses can take to respect human rights in the context of the Russian invasion. Go to recording.
RUSSIA’S WAR ON UKRAINE: ACTIVE OWNERSHIP IN TIMES OF CONFLICT
(BMO Global Asset Management), [exact publication date unknown]
Outlines key steps and questions for investors to consider in deciding whether to divest from Russian businesses, including guidance about engaging with investees in Ukraine and Russia around issues such as responsible exit. Go to report.
UNCTAD RAPID ASSESSMENT: The impact on trade and development of the war in Ukraine
(UNCTAD), 16 March 2022
Outlines the impact of the war in Ukraine on trade and development, and interrelated issues in the areas of finance, technology, investment and sustainable development. This may assist companies to understand broader impacts of the conflict which may be relevant to human rights, including impacts on global food markets. Go to article.
PART 1: DO FOREIGN COMPANIES HAVE A RESPONSIBILITY UNDER INTERNATIONAL LAW TO LEAVE RUSSIA?
Dr Irene Pietropaoli (British Institute of International and Comparative Law), 14 March 2022
Explores whether foreign businesses should leave Russia, including outlining the importance of companies considering potential legal liability where their operations might support gross human rights abuses or international crimes. This article also highlights the need for companies to align any decisions around responsible exit with the UNGPs. Go to article.
PART 2: RESPONSIBLE EXIT FROM RUSSIA: BUSINESS AND HUMAN RIGHTS IN A GLOBAL GOVERNANCE GAP
Dr Daniel Aguirre & Dr Irene Pietropaoli (British Institute of International and Comparative Law), 14 March 2022
Discusses key considerations for businesses considering a responsible exit from Russia in line with the UNGPs, including the importance of stakeholder consultation through a meaningful human rights due diligence process. Go to article.
COMPANIES’ FLIGHT FROM MOSCOW SETS SOME HARD PRECEDENTS
Andrew Hill (Financial Times), 14 March 2022
Discusses key challenges for company executives and boards in considering whether to exit the Russian market, including implications for companies with investments in other conflict zones. Go to article.
OPERATING IN CONFLICT-AFFECTED CONTEXTS: AN INTRODUCTION TO GOOD PRACTICE
Business & Human Rights Resource Centre, 8 March 2022
Sets out eight practical recommendations for businesses to manage potential human rights impacts associated with the conflict in Ukraine by undertaking human rights due diligence and adopting a conflict sensitive approach. Go to article.
TECH COMPANIES HAVE CRUCIAL RESPONSIBILITIES IN THE ATTACK ON UKRAINE – MISINFORMATION, VIRTUAL WARFARE AND ARBITRATING TRUTH
Salil Tripathi (Institute for Human Rights and Business), 3 March 2022
Guidance for tech companies on how to consider the human rights implications of the conflict in Ukraine, including key practical actions such as establishing a grievance mechanism to manage complaints quickly and effectively. Go to article.
BUSINESS GUIDE: UKRAINE HUMANITARIAN CRISIS
UN Office for the Coordination of Humanitarian Affairs and UN Global Compact Network, 2 March 2022
Provides an overview of the crisis and identifies five ways the private sector can help address the resulting humanitarian impacts. Go to article.
INFORMATION ON BUSINESS RESPONSES TO THE CONFLICT
Excuses, excuses? Why some companies won’t stop trading in Russia
Sarah Anne Aarup (Politico), 28 March 2022
Explores challenges for companies deciding whether to exit the Russian market, including potential impacts on people, and outlines examples of different responses. Go to article.
Russian invasion of Ukraine: What companies have to say about their human rights due diligence
(Business and Human Rights Resource Centre), 23 March 2022
Sets out the results of a survey of 208 companies operating or investing in Ukraine and/or Russia about human rights due diligence. As at 23 March, 15 companies had provided responses. Go to article.
ANALYSIS: WESTERN COMPANIES WRESTLE WITH RUSSIA ‘HALF-EXITS’
Richa Naidu & Jessica DiNapoli (Reuters), 20 March 2022
Discusses differing responses by Western companies in Russia which provide essential goods such as food and medicine and evolving stakeholder expectations for action. Go to article.
BUSINESS AND HUMAN RIGHTS RESOURCE CENTRE
The Business and Human Rights Resource Centre is a non-profit database of human rights issues relating to business, which tracks corporate performance and provides resources on the corporate responsibility to respect human rights. The Centre regularly updates this page with news and developments regarding government and business responses to the conflict in Ukraine. Go to website.
THE UKRAINE CORPORATE INDEX
Developed by the Good Lobby and Progressive Shopper, the Ukraine Corporate Index ‘tracks corporations’ stance vis-à-vis Russia in the aftermath of its invasion of Ukraine. It intends to inform investors, customers, and citizens about whether and how their companies and brands are positioning themselves in the ongoing conflict.’ While not specifically focussed on human rights issues, the Index provides an overview of how selected companies are responding to the conflict. Go to index.
RUSSIAN OFFICIALS WARNED COMPANIES LIKE MCDONALDS AND IBM THAT CORPORATE LEADERS WHO CRITICIZE THE GOVERNMENT COULD BE ARRESTED, REPORT SAYS
Kelsey Vlamis (INSIDER), 14 March 2022
Reports warnings from Russian prosecutors that corporate leaders could be targeted for criticising Russia, and that assets of exiting companies could be seized. Go to article.
SELECT COMPANY STATEMENTS ON THE CONFLICT
A range of major companies have issued statements explaining their decisions to withdraw or suspend operations in Russia – or alternatively to continue to operate in Russia. This section does not provide a comprehensive list of statements by companies and instead aims to give a snapshot of example statements, particularly those that that refer in some way to human rights or humanitarian impacts.
To date, we note that companies’ statements generally do not address human rights in detail, including by explaining how these companies have applied a human rights lens to guide their decision-making. We strongly encourage all companies to consider doing so in future statements or commentary about the conflict, in line with the guidance set out above.
The Business and Human Rights Resource Centre Survey linked in the section above also includes examples of statements from companies in response to specific survey questions about human rights due diligence in the context of the conflict in Ukraine.
ATLASSIAN
“As a company with thousands of employees and millions of users around the world, we take our responsibility very seriously as it relates to fundamentals like human rights. It is part of our mission and values to care for our people, customers, and communities, and the societies they exist in...In response to Russia’s aggression, we are pausing the sale of all new software to Russia. In addition, we are suspending existing Russian government-owned licenses as well as licenses to specific Russian businesses that support the war (via cyber warfare, combat, or disinformation). This includes our third-party Marketplace apps.” Go to statement.
DANONE
“We have decided to suspend all investment projects in Russia, but currently maintain our production and distribution of fresh dairy products and infant nutrition, to still meet the essential food needs of the local population.” Go to statement.
FAST RETAILING (Parent group of UNIQLO)
“Fast Retailing is strongly against any acts of hostility. We condemn all forms of aggression that violate human rights and threaten the peaceful existence of individuals.” Go to statement.
GSK
“The actions taking place are in violent contradiction to our purpose, and unshakeable belief that all people should be treated with dignity, respect and humanity…The situation in Russia is complex and rapidly changing. Our priorities are to support GSK people and support access to essential products. We support global sanctions and will comply with them and take a precautionary approach to stop, to the fullest extent possible, any direct involvement and support to the Russian government and military. In line with our purpose to support people’s health, regardless of race, sex, nationality, ethnicity, language or religion, we believe everyone has the right to access healthcare and, as an innovator and supplier of needed medicines, vaccines and everyday health products, we have a responsibility to do all we can to make them available while we can.” Go to statement.
McDONALDS
“…Our values mean we cannot ignore the needless human suffering unfolding in Ukraine... We understand the impact this [the temporary closure of McDonalds’ operations] will have on our Russian colleagues and partners, which is why we are prepared to support all three legs of the stool in Ukraine and Russia. This includes salary continuation for all McDonald’s employees in Russia.” Go to statement.
NESTLÉ
“At this time, the safety and security of our people is our highest priority. We are in close daily contact with our employees and doing all we can to ensure their safety… As a food company and employer, we recognize that we also have a responsibility toward our more than 7,000 employees in Russia — most of whom are locals. We will continue to do our utmost to ensure a reliable supply of safe and essential food products for the local people.” Go to statement.
PAYPAL
“PayPal supports the Ukrainian people and stands with the international community in condemning Russia’s violent military aggression in Ukraine. The tragedy taking place in Ukraine is devastating for all of us, wherever we are in the world… We remain steadfast in our commitment to bring our unique capabilities and resources to bear to support humanitarian relief to those suffering in Ukraine who desperately need assistance.” Go to statement.
PEPSICO
“As a food and beverage company, now more than ever we must stay true to the humanitarian aspect of our business. That means we have a responsibility to continue to offer our other products in Russia, including daily essentials such as milk and other dairy offerings, baby formula and baby food.” Go to statement.
STARBUCKS
“The invasion and humanitarian impact of this war are devastating and create a ripple effect that is felt throughout the world… In times like these, as a company and as partners, we strive to never be a bystander.” Go to statement.
UNILEVER
"We have suspended all imports and exports of our products into and out of Russia, and we will stop all media and advertising spend. We will not invest any further capital into the country nor will we profit from our presence in Russia. We will continue to supply our everyday essential food and hygiene products made in Russia to people in the country. We will keep this under close review. We join calls for an end to this war and hope that peace, human rights, and the international rule of law will prevail.” Go to statement.