Private Sector Role

Working Sessions are concurrent workshops, interactive dialogues and facilitated discussions hosted by a wide variety of global and local institutions around pressing issues and opportunities related to the Forum’s theme of “Realizing Justice for All.”

Artificial intelligence is a subset of computer science that is trying to emulate human behavior, and presents numerous opportunities for solving justice problems. In a data-driven world, data transformations that integrate AI are a crucial way for organizations to enhance speed and accelerate time to value. Hewlett Packard Enterprise proposed the following road map for undertaking any data transformation: 1) Implement a modern data foundation (ingest, process, and manage a high velocity data pool.) 2) Transform data collected into insights 3) Predict and anticipate possible future events and support or automate decisions and actions applying AI. Once AI has been integrated into existing applications, it is fundamental that organizations do not allow their AI systems to remain static. The data used for AI processes needs to consistently be re-trained and supported. Finally, at the core of data transformation initiatives are ethical principles, such as the European Commission for Efficiency of Justice Ethical Charter, which organizations must refer to and abide by when integrating artificial intelligence into their work.

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The business community undoubtedly has a significant interest in justice and strong rule of law. But how can the business community take a leading role in achieving the SDGs and closing the justice gap? This working session explored the business case for greater engagement by business on justice and the rule of law, including the need for SDGs to be translated and explained in business language (e.g. in terms of risk factors of non-participation and legal implications) and the crucial role for lawyers in arguing why rule of law is in businesses’ self-interest. The session also identified ways champions in the business community can promote those efforts such as by developing standards for corporate compliance with the rule of law, ensuring supply/value chain responsibility, respecting existing laws and regulations, and leveraging the voices of local communities.

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A deficiency in global law is the gap in legal remedies available to those affected by transnational enterprises. The creation of the Hague Rules on Business and Human Rights Arbitration intends to help close this gap. This session discussed the utility of international dispute resolution in the field of business and human rights and the viability of the Hague Rules to enable businesses and people to resolve their disputes in a consensual and legally binding way. The session highlighted that an arbitration solution to this specific aspect of the justice gap may be attractive to both corporations and victims due to its properties of neutrality, enforceability of cross border arbitral awards, and procedural flexibility of both the applicable law and the process. The main challenge, on the other hand, is that arbitration is a voluntary, consent-based process. Among the central issues under consideration for the continued development of the Hague Rules are the four key areas of consent, composition, confidentiality, and cost. 

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There are various initiatives and platforms that show willingness on behalf of the business community to set-up grassroots initiatives that aim at addressing the justice gap, fostering rule of law, and implementing SDG16. However, there are inherent difficulties in scaling these up in a consensual manner. This session discussed the role of the business community in catalyzing action on SDG16 and access to justice, showcased examples, and considered the challenges and practical limitations to scaling up these interventions. Participants heard from Safaricom on implementing an internal strategy to advance and operationalize SDG Goal 16; Touton on forming a public-private partnership to address supply-chain issues;Hewlett Packard Enterprise on developing a socially responsible corporate culture; Jones Day on implementing a project to assist refugee women; and ABN Amro Bank on creating multi-stakeholder platforms between NGOs and governments to ensure compliance with the rule of law.  

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