The ESC and human rights. Let's start with each other. 4th ESC Congress

We talk a lot about protecting the environment and supporting the economical improvement of developing countries. How frequently do we ask about the work of European concerns and the EU itself for human rights violations in these regions?

We talk a lot about human rights, but how frequently do we discuss women's rights in muslim countries specified as Iran or Afghanistan? What about the rights of children surviving in areas affected by war and utmost poverty? Do we see the scale of slave labor? And what can be most crucial – to what extent, through our consumer choices and regular decisions, do we contribute to perpetuating these phenomena?

The debate participants wondered about this "Human rights in Europe and in the planet – does the EU truly respect human rights and recognise the problems of the people of developing countries?" 29 January 2025 as part of 4th legislature ESG – Leaders of Sustainable improvement – Europe.

Ombudsman on refugees

The debate was preceded by a peculiar guest, Prof. Marcin Więcka, Ombudsman. The prof. pointed out the projected increase in the number of war refugees, alleged climate refugees and economical refugees. He stressed that migration has been increasingly utilized as a political tool late – a way to undermine the territorial integrity of the European Union and destabilise public order. This represents an crucial challenge for the European asylum strategy and requires a re-examination of its legal foundations.

– The assumptions of this strategy come down to the fact that any foreigner, even a individual who has crossed the border illegally, may apply for exile position and the state is obliged to respond to specified a request and to carry out a procedure that will let to measure the situation of a peculiar person," said Prof. Wiązek.

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The European asylum law is based on rules specified as a ban on the collective expulsion of foreigners or the alleged non-refoulement principle, which means that it cannot be expelled from the territory of a human country if it is likely to be subjected to inhuman treatment.

Meanwhile, the presumption has now been adopted that we may be dealing with the phenomenon of the alleged instrumentalisation of migration.

This is simply a situation where an EU enemy country uses migrants as a tool to disrupt, destabilise the situation in the EU.

– It was considered that the uncovering of this phenomenon could reduce the standard of protection of human rights, reduce the standard of protection of exile rights, and this was based on the alleged "migration pact", which allowed fast border procedures, i.e. procedures in border or transit zones," explained the Ombudsman.

Prof. Marcin Wiązek pointed out that in Poland this recital is utilized as an argument for the admissibility of the alleged pushback procedure, as well as the concept on which the current proposed amendment of the Foreigners Act allows the alleged suspension of the right to asylum is based. In his opinion, these measures rise doubts from the point of view of the standards for the protection of refugees from the Geneva Convention on which the global law strategy is based.

In closing his speech, the Ombudsman raised the key question: how to balance and reconcile values specified as the sovereignty of the State, the integrity of borders and the safety of citizens while respecting human solidarity and the dignity of all human being.

– all human being is simply a subject of rights and freedoms, even 1 who has entered the territory of the state or the European Union illegally," the Ombudsman stressed.

He pointed out that this is 1 of the biggest challenges facing European countries today. "The migration pact is simply a certain answer to these questions, but only time will show how it will be implemented and applied," he added.

Victims of force and European Union action

During legislature there was besides a peculiar guest, Abid Shamdeen, co-founder and strategical advisor of NADIA’S Initiative, advisor Nadia Murad, founders of the organization.

Nadia Murad was a victim of ISIS terrorists, a Nobel Peace Prize winner, and a UNODC Ambassador of Good Will (UN Office on Drugs and Crime).

Abid Shamdeen has included the actions of countries and organisations who agree with fundamental human rights among the most current challenges of the modern world. He described this on the example of the dramatic fates of the Jazid community. In this context, he referred to Europe's role.

– Europe is not isolated in the modern world. It faces further challenges related to climate change, the earlier COVID-19 pandemic, or the ongoing war in Ukraine. These challenges require swift and sustainable action from all. Look at the Jazids who have been persecuted in Syria, Iraq and Turkey for years. To them, ISIS militants of the muslim state commit the crime of genocide. Tens of thousands of believers in this religion inactive cannot return to their homes. Supporting the victims of this ISIS genocide by NADIA’S Initiative requires large donations," said Abid Shamdeen.

Shamdeen besides referred straight to the European Union, bearing work for the destiny of those persecuted by terrorists.

– At the same time, the European Union is besides liable for this situation. It should enable those persecuted, and so badly affected by fate, to live a dignified life. So that they can besides be put into practice the slogans about the right to dignity, equality and justice that Europe carries on its banners.

The European Union must improvement its immigration policy so as to defend the persecuted, especially those who must flee to defend them from force and genocide. All of this requires swift action, which becomes a manifestation of moral work and applicable implementation of principles related to the foundations that created modern Europe. This is the task of creating a future planet in which human rights and a balanced approach to the planet can actually become a reality," stressed Nadia Murad.

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Let's talk about human rights

The discussions were attended by:

• Renata Bem, Director-General, UNICEF Polska,
• Ilona Pietrzak, Vice President, Institute of civilian Affairs,
• Prof. Marcin Wiązek, Ombudsman,
• Agata Witkowska, president of the Board, Freedom Time Foundation.

Moderator: Michał Różycki, manager of the Press Office of the Institute for east Studies.

During the debate, UNICEF Polska CEO, Renata Bem, She said about the knowing of human rights: – I have the impression that we realize human rights contextually, that is, erstwhile there is simply a situation in which individual is tortured, deprived of illegal freedom or erstwhile we have a problem with freedom of speech. Then we say that human rights are not respected. And as an organization, we must look at human rights comprehensively.

Renata Bem cited data from which it appears that

More than 473 million children live in areas affected by armed conflicts, 365 million children surviving in utmost poorness and around 1.4 billion children worldwide of the full 2.3 billion do not have access to basic social protection.

– It's not about going as an organization or an institution and giving a proverbial bag of rice or a spoon of soup. It is about taking actions that are able to origin these needs to decline, that people will get the chance to earn, that we are able to destruct the effects of climate change, which are a giant problem and origin these negative phenomena. There are many, inactive not adequate resources, organizations and we are inactive doing besides little, due to the fact that there is always more to be done – stressed Bem.

Agata Witkowska From the Freedom Time Foundation, it is very hard to measure whether the European Union is doing adequate to aid third-country residents. The migration pact is simply a consequence to the needs of the modern world. But how comprehensive?

– In the context of what is happening in the Gaza Strip, in the context of Iraq, Iran, Syria – is that enough? surely not. But we're here to do it. This is the endless way of uncovering answers to the problems we face.

It is estimated that there are about 50 million slaves in the world.

These are victims of forced labor, sex business, women utilized for prostitution, pornography. The people utilized in sex business are 1 3rd of the area of human exploitation, while it generates the largest revenues, according to estimates it is about $150 billion," said Agata Witkowska.

She noted that it was hard to enforce human rights in developing countries and that much depends on consumer awareness. – If I asked you present – who of you wants to participate in human trafficking in the area of forced labour? no of us will, of course, rise our hand. And if I ask, which 1 of us has a smartphone? Of course we all do. And if I ask – due to the fact that they usage elements specified as cobalt, which are mined in the Congo, where do we know about the huge, alarming number of children utilized for the forced labour of extracting these elements, then who among you will quit your smartphone so that we are not participants in this process? Let us be aware of the society – called Witkowska.

Ilona Pietrzak The Institute of civilian Affairs pointed out that there were circumstantial needs and circumstantial people behind human rights and stressed the function of business in gathering or expanding these needs.

– Business is simply a key player that affects how human rights are respected. We say business is the engine of development.

But it must besides be said that frequently business, especially large corporations, contributes to the fact that in mines, factories on human rights plantations are not respected.

Often, companies act either hypocritically or extort. I have the impression that the ESC has been brought in to prepare a report. It should be a tool that shows how our ESG strategy as part of a business strategy is being implemented. And in most companies it was brought to be cosplayers, to have a study that will be appreciated in the rankings," said Ilona Pietrzak.

She besides stressed the function of labour rights and the request to make worker representations. These are trade unions, worker councils and another representations, which enable real social dialog and knowing what needs to be done to guarantee that the company actually respects human rights, including labour rights. – Of course, it is not that everything rests on the shoulders of the business. We, as citizens, have the right and work to look at the hands and the corporate and ruling powers they make. We have an influence on this, due to the fact that our decisions, specified as purchasing decisions, show what business models and decisions we support," stressed the Vice president of the Institute of civilian Affairs.

Prof. Marcin Wiązek was asked, among others, about the most common violations of civilian rights in Poland and Europe and whether the Charter of Fundamental Rights of the European Union is actually respected in Europe. "The rights of refugees and their protection standards in the EU – those we have – are not full respected. Since 2021, we have seen the treatment of people crossing the border with Belarus in neighbouring countries. We know that this is the consequence of the inhuman practice of the Belarusian regime, but the actions we see are incompatible with the EU Charter of Fundamental Rights," said the Ombudsman.

He stressed that the fundamental rule of migration law is to prohibit the expulsion of a individual from the territory of the State if there is simply a hazard that he would be subjected to inhuman treatment at the place where he was deported.

Regarding the ESG reports, Prof. Wiązek pointed out that they could not be an end in themselves, but should reflect reality. – It should be sought that the content of the reports is verified and actually reflects the actual state of affairs – added.

Main recommendations of sustainable improvement leaders resulting from the debate:

• It should be made clear that, as consumers, we ourselves are liable for human rights.
• There is simply a request for sensitising to violations of the rights of children, women and the phenomenon of slavery.
• We must prepare for an increase in immigration into the EU.
• Internal safety must be protected with respect for human rights.
• Workers' rights should be safeguarded as part of human rights.

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ESG legislature – Sustainable improvement Leaders – Europe It is simply a platform for dialog for European leaders of sustainable improvement – representatives of state administration, business world, NGOs, technological communities, experts and media. The main organizers are the XBW Foundation of Ignacy Krasicki and the ESG Institute.

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