Blog, COVID-19
As companies around the world start coming to terms with the spread of COVID-19, what human rights considerations can responsible business implement? In the first part of our blog series on COVID-19, GBI Director and business, human rights and mental health specialist Jo Reyes explores some of the key challenges, the need to involve human rights practitioners in decision-making, and the mental health impacts companies need to take into account as the virus and its effects progress.
The rapidly evolving COVID-19 pandemic is affecting business and value chains in many different ways. The adverse impacts of the coronavirus on people, within the company and in society as a whole, mean that human rights are at stake, and corporate human rights practitioners need to be involved in decision-making.
There are many positive steps being taken by companies, but there is a lack of digests of considerations for business to turn to. I am sharing insights from conversations with GBI team colleagues to try to create such a digest to support business practitioners and prompt further thought and action. The possible mental health impacts companies need to consider are addressed in part two of this blog.
The COVID-19 crisis again emphasises the need for corporations to understand the human risks of their operations, and to carry out effective due diligence on their actual or likely impacts - in their workforce and wider value chain.
Supporting respect of the rights of employees and workers in direct operations and throughout their supply chain
Protect workers from illness: This has been front of mind for many companies. It can be achieved in part by providing sound advice and practical provisions to ensure the necessary health and hygiene standards – including signs at factories, sites and offices on noticeboards and in bathrooms on how to properly wash hands, the provision of appropriate sanitisers and ensuring people work at a safe distance. Travel bans and remote working - already introduced by many companies - may protect personnel and mitigate risk of further spreading the virus.
Other measures include companies matching vacation and sick leave so that employees take a week and employers give a week, limiting access to the workplace by outside contractors, and gifting paid time off to anyone who actually falls sick so they are incentivised to stay home. Where necessary, shutting down may be the only option if workers cannot work in safety.
Factories under pressure to reopen should be mindful of placing workers’ health at risk and procurement departments should reinforce this message to their suppliers. Apart from the potential human cost, it is an issue of business continuity and resilience. Communications with customers and suppliers must also clearly set out your expectations.
Human Resources departments and in-house medical experts should also be offering essential support to those who do contract COVID-19, and try to prevent it from spreading by ensuring paid time off.
Company strategies to support workers in more vulnerable situations: Where such strategies do not already exist, the coronavirus provides a strong reminder of the need to ensure the rights of vulnerable workers. A few examples: Workers - particularly those in the gig economy where short-term engagements, temporary contracts, and independent contracting are commonplace – are in danger of losing wages or their jobs as a result of self-isolation.
This also goes for anyone who is a precarious worker - office cleaners, for example, who are not paid if they do not work, and company cafeteria workers who lose business when offices close. Rights of migrant workers may also be at greater risk, and there are potentially higher burdens of unpaid care work on women, threats posed to women’s continued engagement in economic activities – particularly in informal sectors – and increased dangers for women migrant workers engaged in domestic and care work.
Workers in countries such as the United States may face varying health insurance provision – with the most vulnerable receiving the lowest coverage. High premiums and high deductibles may prevent workers from getting tested or receiving treatment. And workers who have kept underlying health conditions quiet for privacy reasons may now be more at risk.
Consider the implications of business decisions on suppliers: For example, when managing supply chain issues, consider the impact that switching suppliers may have on workers in factories that are temporarily shut down. Can your company use its influence with business partners to ensure workers are supported? Where production demands are increasing (e.g. where retailers are producing toilet roll 24/7), consider whether factories can accommodate this without requiring excessive overtime. And as suppliers return to production after shutdowns, companies should be doubly aware of the potential use of forced labour in their suppliers’ eagerness to recover, or the use of COVID-19 as a cover to avoid labour disputes.
Managing human rights risks related to the availability and use of products and services
Consider your personal and professional role in ensuring essential products and services remain available: Supermarket shortages have been widely reported, and ensuring access to basic food, hygiene and other supplies will be key in the coming weeks. Food banks have also reported shortages, highlighting the vulnerability of already marginalised groups. Continued access to medicine and other medical supplies will also be key and the vital role of logistics companies and the pharmaceutical industry is clear.
Be aware of risks and the need for due diligence – particularly how technology products and services are used: Where a technology (such as facial recognition, surveillance technologies, movement tracking) is used by government authorities to control movement and identify suspected infected people, it will be important to seek to ensure the protection of privacy and other rights.
Take practical steps where contact is likely: For example, where a company’s core business involves interacting with consumers (e.g. fitness centres, healthcare providers, cinemas), ensure thorough cleaning of facilities and equipment and ensure that people can stay at a safe distance.
Communicate responsibly about COVID-19
Ensure access to helpful information without inducing panic: Internal communications departments have in many cases responded quickly and effectively, highlighting company policy and directing employees to authoritative and government websites. It is critical that all companies, media organisations and social media platforms show the same level of responsibility. The impact of panic-inducing headlines and misinformation are increasingly being seen, but also tackled.
Protect against racist and xenophobic responses to the pandemic: Last week UN High Commissioner for Human Rights Michelle Bachelet called for action against discrimination triggered by the virus, and companies can and should seek to combat racist or xenophobic responses to the virus through their networks of influence.
Support public information and education that helps minimise the spread of infection e.g. Twitter users searching for coronavirus receive a message directing them to Centres for Disease Control. Companies should also spread positive practical advice on the steps people can take to safeguard their wellbeing during isolation.
Be alert to the mental health risks posed by COVID-19 responses
The experiences of my colleague Andrea Shemberg and her family and friends, who are based in Italy and currently under ‘lockdown’, reinforce just how vital consideration of mental health is at this time. Company management, business divisions and human resources departments need to be aware of the potential stress and exacerbation of underlying mental health concerns. This is such an important and under-explored area, I have dedicated a second blog to business, mental health and COVID-19.
Improving human rights risk management longer-term
This situation also presents opportunities for companies to explore new ways of operating that may be useful on a permanent basis. For example:
Efforts to support remote working may offer the chance to re-think ways to support remote/flexible work options in future, improving opportunities and conditions for working parents, carers and others. New approaches to connecting with colleagues abroad may also open up opportunities to reduce travel (and carbon emissions) longer term.
Efforts to support vulnerable workers in the supply chain could help identify gaps in companies’ existing human rights risk management. For example, the events of recent weeks have exposed the challenges faced by delivery drivers who lack safety nets and are required to find their own replacements when ill. Measures to support workers through the current pandemic should be made permanent to support them in other times of illness or forced time off. Companies may need to "rethink" the vulnerability which current business models place people in and, as companies build greater resilience to pandemics and other threats, ensure they include the most vulnerable people.
COVID-19 poses significant human rights challenges that should not be underestimated - and the involvement of human rights practitioners in decision-making in companies at this crucial time is absolutely critical. They will continue to be so in the recovery stage and the future resilience-building stage of this catastrophe.
Access more on COVID-19 and responsible business:
- COVID-19 and business and human rights: adopting a responsible business response
- COVID-19: The mental health considerations for responsible business
- COVID-19 and stigma: a responsible business approach
- COVID-19 and contract non-performance: wise companies are guided by business and human rights thinking
- COVID-19 and the right to water: the crucial role of responsible before and after the pandemic
- Pandemic shows need to integrate human rights specialists into crisis management teams