Common use of Lessons learned Clause in Contracts

Lessons learned. This section analyses implications for the future wording and implementation of GFAs. First, lessons learned from the case studies are considered with regard to the wording of GFAs. Chapter 3 of this report has presented a content analysis of GFAs, identifying the need to use clear and comprehensive language. The case studies evaluated here support this claim and provide arguments for further strengthening of the wording in GFAs with regard to the application of the agreement to GSCs. In one case study it was reported that an MNE ceased an inquiry into workers’ rights abuses when it realized that the company was not one of its direct suppliers. This example stresses the importance of not lim- iting the application of the GFA to the direct contractors of the MNE, but to include the entire global supply chain. Moreover, the case studies document conflicts over the scope of application to subsidi- aries. The implementation group at Securitas had to deal with two cases concerning the clarification of the agreement’s scope of application to subsidiaries. This emphasizes the importance of including in the GFA a clear definition of the group represented by the MNE. Moreover, conflicts may arise with respect to subsidiaries that leave the group after a GFA has been signed. When the French MNE EDF sold subsidiaries the buyers committed to respect the provisions in the GFA for the next three years, an example indicating that the inclusion in a GFA of provisions in the event of subsidiaries leaving the MNE could be considered. The impact of a GFA on the GSC does not solely depend on formulations in the agreements, however, but crucially on the implementation process. The research project “Organization and Regu- lation of Employment Relations in Transnational Production and Supply Networks – Ensuring Core Labor Standards through International Framework Agreements?” led by Xxxxxxx Xxxxxxx and Xxxx Xxxxx since 2008 includes a number of case studies at local production sites and suppliers that in- clude valuable good-practice examples of a successful implementation of the GFA in the supply chain and at local subsidiaries.17 However, according to the overall analysis, GFAs are still largely unknown among managers in MNE subsidiaries, local suppliers and local trade unions. Moreover, local actors who are aware of them seldom have much understanding of their role. Issues include wide gaps in local actors’ involvement in negotiating GFAs; inadequate communication on the outcomes of these negotiations; subsequent lack of ownership; and little or no linkage between local unions and GUFs that sign the agreements. Recommendations for implementing GFAs try to counteract the observed weaknesses. First of all, the GFA needs to be widely disseminated. A comprehensive understanding of the agreement by local actors is a necessary condition for further actions. Local ownership needs to be strengthened. The involvement of local actors throughout the GFA process, from its initiation through negotiations to implementation is crucial. Going beyond the involvement of local unions, this could also involve a co-signing of the agreement by important suppliers and subcontractors of the MNE. 17 Three of the studies examined in the present paper form part of the research project: Xxxxxx et al. (2012); Xxxxxxx and Stevis (2013); and Xxxxxxx, Xxxxx and Agtas (2013).

Lessons learned. Due to the fact that this year’s most important activities in the execution of the project were not carried out yet (such as the meeting of specialized professionals, the hearing before the Inter- American Commission, the launching of dissemination material) there are still no lessons to inform about. Nevertheless, after making a general balance of the project’s operation, it is important to rescue what was said in the previous report: the fact that the project will be executed jointly with another organization - with different mandates and area of expertise - imposes specific difficulties. An example is the fact that the IIHR depends on the information reported by CEJIL to elaborate the reports and plans, as well as the fact that the communication is not always fluent due to the distance separating both institutions (San Xxxx- Washington). This section analyses implications makes it difficult to carry out periodical meetings, for example. Given that situation, we anticipate taking actions to have a better coordination, such as a personal meeting with the staff members in charge of the project in CEJIL, tentatively planned during the team-network meeting of specialized professionals in Costa Rica. In this meeting we will discuss the mechanisms and strategies for inter-institutional communication and coordination. To that respect, the IIHR will share with CEJIL the experience gathered during the year with regards to the mechanisms and requirements for the future wording preparation of reports and implementation plans, in accordance with USAID stipulations. Finally, besides a close team coordination, and an effort toward inter-institutional communication, the project’s characteristics demand a lot of GFAs. First, lessons learned versatility from the technical team because the inclusion of cases in the project, strongly linked to its key objective, which is to offer psychological attention to victims, does not depend on the institutions in charge of the project, but rather on the specificities of the cases, and on the operational mechanisms of the inter- American system. The latter demands a strong coordination with those organs. TIMETABLE PROJECT PSYCHOLOGICAL SUPPORT FOR VICTIMS OF TORTURE IN THE INTER-AMERICAN SYSTEM ACTIVITIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Activities carried out by the IIHR Integration of a Team-Network of Specialized Professionals Integral Psychological Attention to Victims of Torture or their Families Preparation of a Working Meeting of Specialized Professionals Working Meeting of Specialized Professionals Sistematization of Methodology for Intergral Psychological Attention Contributions for the General Hearing before the Inter- American Commission Presentation of Specialized Reports Informal Meetings with Representatives of the Commission and the Court Updating of the Directory of Organizations Preparation of the Self-training Course Activities carried out by CEJIL Preparation of a final document for the Meeting of Specialized Professionals. Negotiate selection of first case studies are considered with regard under the project Prepare hearing to take J H S to the wording Court Mission to Honduras to litigate JHS case before the Inter-American Court Analyze potential cases to be included in the hearings Request and prepare hearings before the Inter- American Court Selection of GFAsspecialized professionals to provide assistance to cases with hearings Informal Meetings with Representatives of the Commission and Court Participate in Meeting of Specialized Professionals Follow-up of hearing requests at Commission Xxxxx out hearings for project's cases Contact specialized professionals in USA and Costa Rica for training Facilitate access to psychologists with whom consultations may be made Launching of Thematic Folder on torture Prepare Gazette on Torture Request and follow up General Hearing at Commission Prepare and carry out General Hearing at Commission Training to CEJIL staff INTER-AMERICAN INSTITUTE OF HUMAN RIGHTS COOPERATIVE AGREEMENT USAID EDG-A-00-02-00030-00 PROJECT PSYCHOLOGICAL SUPPORT FOR VICTIMS OF TORTURE IN THE INTER-AMERICAN SYSTEM PERFORMANCE INDICATOR REFERENCE SHEET 2002-2003 Strategic objective: Provide psychological assistance for victims of torture with cases before the Inter-American System for the Protection of Human Rights. Chapter 3 General Performance Indicator: Improve the quantity and quality of this report has presented the integral psychological support for victims of torture or of their families, with cases in the inter- American system. Intermediate results: Consolidation of a content team-network of specialized professionals in the integral support for victims of torture with cases before the protection organs in the inter-American system. Methodology for the integral support for victims of torture. Process to raise awareness by the organs of the inter-American system regarding the psychological impact of torture on the project’s objectives. Annual strategic objective (2003): Creation of a team-network of specialized professionals, and the design of a methodology for the integral psychological attention to torture victims with cases before the organs of the inter-American system. Annual performance indicator (2003): Improvement of the professional, organizational, and institutional capacity for the integral psychological support for victims of torture in the inter-American system. DESCRIPTION Precise definition: A new, more embracing approach will contribute to the fact that the support for victims of torture or their families, with cases in the inter-American system, may become more comprehensive. Furthermore, it will facilitate the attention of a greater number of torture cases processed before the institutions of the inter- American system. Unit of measure: Persons who have been victims of torture or their families, with cases before the inter-American system. Disaggregated by: Country / Victim / Relative / Institution / Year Mechanism: Calculation of the amount and percentages of attended cases. Evaluation, by the victims, their families, specialized professionals and the IIHR technical team, of the quality of the attention. PLAN FOR DATA ACQUISITION BY THE IIHR Acquisition method: Record of cases attended by CEJIL. Content analysis of GFAs, identifying reports by specialized professionals. Acquisition method used by XXXX: The record of cases attended is shared by XXXXX and the need to use clear and comprehensive languageIIHR. The case studies evaluated here support this claim and provide arguments specialized professionals hand in a copy of their reports to IIHR. Source: Victims of torture or their families; Team of Specialized Professionals; Institutions in the Inter-American System; CEJIL; IIHR. Frequency / timing of data acquisition: Annual. Estimated cost for further strengthening data acquisition: $900. Responsible individuals: Technical team of the wording in GFAs with regard to the application of the agreement to GSCsPROJECT PSYCHOLOGICAL SUPPORT FOR VICTIMS OF TORTURE IN THE INTER-AMERICAN SYSTEM, IIHR. In one case study it was reported that an MNE ceased an inquiry into workers’ rights abuses when it realized that the company was not one of its direct suppliers. This example stresses the importance of not lim- iting the application of the GFA to the direct contractors of the MNE, but to include the entire global supply chain. Moreover, the case studies document conflicts over the scope of application to subsidi- aries. The implementation group at Securitas had to deal with two cases concerning the clarification of the agreement’s scope of application to subsidiaries. This emphasizes the importance of including in the GFA a clear definition of the group represented by the MNE. Moreover, conflicts may arise with respect to subsidiaries that leave the group after a GFA has been signed. When the French MNE EDF sold subsidiaries the buyers committed to respect the provisions in the GFA for the next three years, an example indicating that the inclusion in a GFA of provisions in the event of subsidiaries leaving the MNE could be considered. The impact of a GFA on the GSC does not solely depend on formulations in the agreements, however, but crucially on the implementation process. The research project “Organization and Regu- lation of Employment Relations in Transnational Production and Supply Networks – Ensuring Core Labor Standards through International Framework Agreements?” led by Xxxxxxx Xxxxxxx and Xxxx Xxxxx since 2008 includes a number of case studies at local production sites and suppliers that in- clude valuable good-practice examples of a successful implementation of the GFA in the supply chain and at local subsidiaries.17 However, according to the overall analysis, GFAs are still largely unknown among managers in MNE subsidiaries, local suppliers and local trade unions. Moreover, local actors who are aware of them seldom have much understanding of their role. Issues include wide gaps in local actors’ involvement in negotiating GFAs; inadequate communication on the outcomes of these negotiations; subsequent lack of ownership; and little or no linkage between local unions and GUFs that sign the agreements. Recommendations for implementing GFAs try to counteract the observed weaknesses. First of all, the GFA needs to be widely disseminated. A comprehensive understanding of the agreement by local actors is a necessary condition for further actions. Local ownership needs to be strengthened. The involvement of local actors throughout the GFA process, from its initiation through negotiations to implementation is crucial. Going beyond the involvement of local unions, this could also involve a co-signing of the agreement by important suppliers and subcontractors of the MNE. 17 Three of the studies examined in the present paper form part of the research project: Xxxxxx et al. (2012); Xxxxxxx and Stevis (2013); and Xxxxxxx, Xxxxx and Agtas (2013).DATA QUALITY ISSUES

Lessons learned. This section analyses implications By submitting the XXXXX proposal one of the main assumptions made has been that «Experience shows that higher TRL usually goes with more strict protection of Intellectual Property Rights (IPR) which contradicts the concept of Open Science. However, IPR protection is a central pillar of competitiveness. Hence, implementation of Open Science requires a transparent trade-off with IPR requirements». The results of the surveys and interviews have confirmed this assumption. Indeed, when research results are reaching high TRL levels (TRL>6) the implementation of Open Science becomes more difficult as it may be related to confidentiality issues, patents, IPR issues, etc. Furthermore the results of the surveys and interviews with experienced stakeholders have revealed that both, the researchers as well as the management of Research Establishments and Academia from developed countries e.g. France, Germany, etc. are in favour of implementing Open Science as it is considered to facilitate their research through the accessibility to results and data obtained by other researchers as well as to facilitate the publication of the results obtained through their own research. In countries where research is mainly performed by Academia and linked rather to the big European industrial players than to the limited local Industry (e.g. Greece) Open Science is also very well accepted and much appreciated. Furthermore, as expected, Open Science seems to be very important for the future wording Research Organizations and Academia from countries advancing well with their Aviation research efforts (e.g. Romania.) On the other side, as expected, the industrial sector of the developed countries is more reluctant to proactively support the implementation of GFAs. First, lessons learned from the case studies are considered with regard Open Science due to the wording reasons mentioned above (confidentiality issues, patents, IPR issues, competitiveness, etc.) and further efforts as well as appropriate clarifications, tools and political arrangements would be needed for convincing them for the benefits of GFAsimplementing Open Science. Chapter 3 Furthermore, for SMEs a high reluctance of implementing Open Science has been observed. This is an understandable result as for this report has presented type of Stakeholders their long term financial sustainability relies heavily on retaining and protecting their excellence on a technological niche. Finally it should be mentioned that the majority of scientists and researchers are interested on exploiting information, data or other content analysis taken from Open Science sources yet in several cases they are encountering problems to exploit Open Science for publishing their own research results. To these problems belong the high publication fees applied by reliable Journals of GFAshigh quality, identifying the need to use clear and comprehensive language. The case studies evaluated here support this claim and provide arguments for further strengthening reluctance of the wording in GFAs with regard middle-management of industry to endorse the application Open publication of the agreement to GSCsresults, etc. In one case study it was reported that an MNE ceased an inquiry into workers’ rights abuses when it realized It is worth mentioning that the company was not one type of its direct suppliersentity where a researcher is employed (i.e. University, Research Establishment, big Industry, SME ) has more influence on her/his perception of Open Science as well as her/his willingness of exploiting the opportunities offered by Open Science than the Region or Country where the researcher is active. This example stresses the importance of not lim- iting the application of the GFA to the direct contractors of the MNE, but to include the entire global supply chain. MoreoverYet, the case studies document conflicts over the scope of application to subsidi- aries. The implementation group at Securitas had to deal with two cases concerning the clarification of the agreement’s scope of application to subsidiaries. This emphasizes the importance of including major challenges in the GFA a clear definition of the group represented by the MNE. Moreover, conflicts may arise with respect to subsidiaries that leave the group after a GFA has been signed. When the French MNE EDF sold subsidiaries the buyers committed to respect the provisions in the GFA for the next three years, an example indicating that the inclusion in a GFA of provisions in the event of subsidiaries leaving the MNE could be considered. The impact of a GFA on the GSC does not solely depend on formulations in the agreements, however, but crucially on the implementation process. The research project “Organization and Regu- lation of Employment Relations in Transnational Production and Supply Networks – Ensuring Core Labor Standards through International Framework Agreements?” led by Xxxxxxx Xxxxxxx and Xxxx Xxxxx since 2008 includes a number of case studies at local production sites and suppliers that in- clude valuable good-practice examples of a successful implementation of Open Science in Europe are remaining the GFA in protection of background and foreground Intellectual Property and the supply chain and at local subsidiaries.17 However, according to the overall analysis, GFAs are still largely unknown among managers in MNE subsidiaries, local suppliers and local trade unions. Moreover, local actors who are aware of them seldom have much understanding of their role. Issues include wide gaps in local actors’ involvement in negotiating GFAs; inadequate communication on the outcomes of these negotiations; subsequent lack of ownership; and little or no linkage between local unions and GUFs that sign the agreements. Recommendations understandable need for implementing GFAs try to counteract the observed weaknesses. First of all, the GFA needs to be widely disseminated. A comprehensive understanding of the agreement by local actors is a necessary condition for further actions. Local ownership needs to be strengthened. The involvement of local actors throughout the GFA process, from its initiation through negotiations to implementation is crucial. Going beyond the involvement of local unions, this could also involve a co-signing of the agreement by important suppliers and subcontractors of the MNE. 17 Three of the studies examined in the present paper form part of the research project: Xxxxxx et al. (2012); Xxxxxxx and Stevis (2013); and Xxxxxxx, Xxxxx and Agtas (2013)Competitiveness.

Lessons learned. This section analyses implications for the future wording and implementation of GFAs. First, lessons learned from the case studies are considered with regard to the wording of GFAs. Chapter 3 of this report has presented a content analysis of GFAs, identifying the need to use clear and comprehensive language. The case studies evaluated here support this claim and provide arguments for further strengthening of the wording in GFAs with regard to the application of the agreement to GSCs. In one case study it was reported that an MNE ceased an inquiry into workers’ rights abuses when it realized that the company was not one of its direct suppliers. This example stresses the importance of not lim- iting the application of the GFA to the direct contractors of the MNE, but to include the entire global supply chain. Moreover, the case studies document conflicts over the scope of application to subsidi- aries. The implementation group at Securitas had to deal with two cases concerning the clarification of the agreement’s scope of application to subsidiaries. This emphasizes the importance of including in the GFA a clear definition of the group represented by the MNE. Moreover, conflicts may arise with respect to subsidiaries that leave the group after a GFA has been signed. When the French MNE EDF sold subsidiaries the buyers committed to respect the provisions in the GFA for the next three years, an example indicating that the inclusion in a GFA of provisions in the event of subsidiaries leaving the MNE could be considered. The impact of a GFA on the GSC does not solely depend on formulations in the agreements, however, but crucially on the implementation process. The research project “Organization and Regu- lation of Employment Relations in Transnational Production and Supply Networks – Ensuring Core Labor Standards through International Framework Agreements?” led by Xxxxxxx Xxxxxxx and Xxxx Xxxxx since 2008 includes a number of case studies at local production sites and suppliers that in- clude valuable good-practice examples of a successful implementation of the GFA in the supply chain and at local subsidiaries.17 However, according to the overall analysis, GFAs are still largely unknown among managers in MNE subsidiaries, local suppliers and local trade unions. Moreover, local actors who are aware of them seldom have much understanding of their role. Issues include wide gaps in local actors’ involvement in negotiating GFAs; inadequate communication on the outcomes of these negotiations; subsequent lack of ownership; and little or no linkage between local unions and GUFs that sign the agreements. Recommendations for implementing GFAs try to counteract the observed weaknesses. First of all, the GFA needs to be widely disseminated. A comprehensive understanding of the agreement by local actors is a necessary condition for further actions. Local ownership needs to be strengthened. The involvement of local actors throughout the GFA process, from its initiation through negotiations to implementation is crucial. Going beyond the involvement of local unions, this could also involve a co-signing of the agreement by important suppliers and subcontractors of the MNE. 17 Three of the studies examined in the present paper form part of the research project: Xxxxxx et al. (2012); Xxxxxxx and Stevis (2013); and Xxxxxxx, Xxxxx and Agtas (2013). 6 Evolution of global framework agreements: A way forward GFAs have evolved over the last fifteen years. This results from GUFs having reviewed their strategy and having demanded a second generation of GFAs that involve stronger implementation, monitoring and dispute resolution procedures and that facilitate unionization rather than simply consent to it. (see for example International Metalworkers’ Federation, 2006; UNI, 2007). Moreover, recent GFAs are becoming increasingly complex and detailed. This chapter lays emphasis on the evolution of refer- ences in GFAs to the supply chains of MNEs.