The participating experts included Jonas Burgheim, founder and director of the Cares Project who contributed in his voluntary role of president of the German Zentrum für Menschenrechte und Sport e.V. (German Centre for Human Rights and Sport). Other experts included Dr. Anette Niederfranke for the International Labour Organisation (ILO), Wenzel Michalski for Human Rights Watch Germany (HRW), Friedhelm Julius Beucher for the German Paralympic Comittee, Maximilian Klein for Athleten Deutschland e.V., and Mary Harvey for the Centre for Sport and Human Rights in Geneva.

In his written submission and oral statements Jonas Burgheim pointed out the fact that currently German sporting organisations are not obliged by national regulation to respect human rights according to the UN Guiding Principles on Business and Human Rights (UNGP). Their “Protect, Respect and Remedy” framework provides the internationally established framework for the integration of human rights due diligence in business action. Their German implementation in form of the human rights due diligence act and the national action plan on business and human rights (NAP) do currently not include professional sports organisations. Furthermore, there is no broader awareness for the fact that human rights challenges form a part of all sporting activities, on professional and amateur levels. Jonas Burgheim called on the political representatives present, to support training and education in this field and to require sporting organisations to live up to due diligence standards according to the UNGP.

The entire hearing can be streamed in the video recording embedded above.

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Speakers at the forum largely agreed that there is a strong need for mandatory due diligence legislation on the national just like on the European level. There were also repeated calls for a new business model to be developed for the future. The commitment by BMZ leadership comes after years of attempts to enhance human rights due diligence among German companies based on the voluntary German National Action Plan on Business and Human Rights (NAP) and its monitoring mechanism. This approach, as findings in annual stock-taking reports have shown in the past two years, has not produced the desired results.

Jonas Burgheim, founder and director of the Cares Project, was a participant to the forum. In his prior professional role as a BMZ senior policy officer, he contributed importantly to laying the basis for the implementation of the NAP during its initial years of application (as of 2016). Jonas Burgheim actually was among the first German government staff to identify and point to the need for a mandatory approach to human rights due diligence in the long-run. He also lobbied for a prominent inclusion of the human rights due diligence theme in the 2020 German EU presidency, of which today’s forum are a result. More than two years on, these efforts are now proving to have provided fertile ground for law-making processes on a German and an EU level.

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Providing consultancy services in business and human rights just like in human rights and sport, the Cares Project has been an advisor to leading actors in German and European high level sports. Latest clients include the Council of Europe, the German high level athletes’ representation Athleten Deutschland e.V., and the German Football Federation (DFB) among others. With the publication, Jonas Burgheim now provides a glimpse at subject-specific insights into content and challenges of business and human rights work in sports. Following an introductory part providing some foundational information on UNGP and NAP, Burgheim shares considerations on the specific nature of the current business model in high level sports. As centre piece of the article, he then addresses the state of play and the particular challenges faced in implementing human rights due diligence in (German) high level sports before providing an outlook at the potential future relevance of and approach to the theme in a larger policy setting.

Burgheim describes that German high level sports, just like large parts of private business in general, are still in the early stages of taking on business and human rights responsibilities. While first sporting organisations are re-calibrating their role thereto, this can only be considered an initial step of a so far hesitant implementation process. According to Burgheim’s analysis, the depth and intensity of human rights considerations in sports will increase along with a general business obligation to observe human rights requirements in the future. This development is assumed to be fueled by the expected legal steps on German and EU levels.

For more detailed information and individual consultancy services, please be in touch in making use of the Cares Project’s contact form.

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In his remarks, Mr Burgheim described the basic origins and general practices in UN human rights policy. He also alluded to the everyday relevance of (business and) human rights themes and pointed to the enormous potential which lies in a progressive publicly-governed business and human rights approach. In drawing reference to core policy fields such as social (in)justice, migration, climate change, and general threats to functioning democratic systems, Jonas Burgheim underscored the impact a sensible human rights and sustainability policy will have on central developments in society, politics, and the economy for years to come. He applauded the organisers and civil society actors for their increasing engagement and involvement in international negotiation processes, such as e. g. through the Treaty Alliance  with regard to the Binding Treaty negotiations.

The event was held at the Brandenburg Gate in Berlin, Germany, where it attracted the attention of an interested public and passers-by. The introductory remarks were followed by a panel discussion and a live on-line interview with an expert present at the Geneva negotiations as well as the screening of the negotiation session itself. Themes and dates of other public presentations were announced by the organisers of Demos e.V.

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Are you interested in the results of the event? Please contact us for more information.

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It is the expectation of the German government that all business entities established in Germany, including those from the sporting world, incorporate human rights due diligence in their business practice.

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