The International Bar Association (IBA) has published its second edition of the IBA Business and Human Rights Guidance for Bar Associations (Updated Bar Guidance). The new document complements the Updated IBA Guidance Note on Business and Human Rights : The role of lawyers in the changing landscape (Updated Lawyers Guidance), issued in November 2023.
Unanimously adopted by the IBA Council during the IBA Annual Conference in Mexico City in September 2024, the Updated Bar Guidance follows initial guidance issued in 2015. It reflects the increasing integration of the 2011 UN Guiding Principles on Business and Human Rights (UNGPs) into hard and soft law around the world, including in the form of human rights and environmental due diligence regulations and the integration of business human rights considerations in judicial and non-judicial decisions. Bar associations and law societies can play a critical role in assisting lawyers and law firms to address the challenges and opportunities posed by these developments.
The Updated Bar Guidance provides a roadmap of actions that bars and law societies can take to help their members understand and apply the UNGPs in legal practice, including:
- developing a strategy for engaging with members on business human rights issues;
- promoting, participating in, and establishing educational programmes - including mentoring programmes - for law students and practitioners on the relevance of business human rights to legal practice;
- increasing lawyers' awareness of ethical considerations associated with business human rights;
- providing technical assistance and guidance to help strengthen lawyers' institutional and individual capacity to adopt effective business human rights practices; and
- involving the legal profession in work to integrate business and human rights principles in domestic policy and legislation.
The IBA welcomes the measures already taken by bar associations and law societies across the world to recognise the importance of the UNGPs and other business and human rights standards for the legal profession; including through the adoption of resolutions and issuing specific guidance for lawyers on how to incorporate business human rights in practice.
John Sherman, former senior legal counsel to Professor John Ruggie, the author of the UNGPs; member of the drafting groups for the IBA Updated Bar Guidance and Updated Lawyers Guidance, commented: 'From the beginning, the IBA has played a hugely supportive role in the shaping and implementation of the UNGPs. Its guidance for lawyers and bar associations on the practical implications of the UNGPs for the legal profession have proven influential in jurisdictions across the globe.
'For example, two months ago, the American Bar Association (ABA) adopted Resolution 604, which builds upon and draws from the Updated Lawyers Guidance. Through this resolution, the ABA joins the IBA in urging lawyers and law firms to avoid causing or contributing to adverse human rights impacts in representing business clients by understanding whether business clients are likely to use legal advice and services to abuse human rights, and by counselling their clients on the hard and soft law of business and human rights.
'The ABA resolution is an example of precisely the kind of convergence by the profession on the need for lawyers to practice law with respect for human rights that the Updated Bar Guidance is intended to foster.'
Stéphane Brabant, international human rights lawyer, IBA Business Human Rights Committee Advisory Board member and Chair of the drafting group for the IBA Updated Bar Guidance and Updated Lawyers Guidance said: 'I am impressed by the growing number of lawyers worldwide advising in respect of human rights impacts of businesses across their value chains. The Updated Lawyers Guidance - which has been translated into seven international languages - and the 2024 Updated Bar Guidance, shall assist lawyers to incorporate human rights considerations into their practice, and bar associations to support their members in this work. In this way, these IBA guidance documents contribute to promoting dignity of all people, sustainable development that benefits all stakeholders including business, and the Rule of Law.'
Elise Groulx, international human rights lawyer, former Chair of the IBA Business and Human Rights Committee and Chair of the ABA Center for Human Rights Initiative on Business and Human Rights, and member of the drafting groups for the IBA Updated Bar Guidance and Updated Lawyers Guidance. 'In any democratic society, lawyers assume the vital role of ensuring the protection of human rights that contributes to strengthen the rule of law. Independence of the legal profession is a cornerstone of the rule of law. To fulfil their role with independence and without fear of reprisals lawyers need the strong support of bar associations, law societies and legal associations.'
