A/HRC/20/29
the impact on specific groups, the implications for the State duty to protect, due diligence
by business and provision of remedy with regard to the situation of indigenous peoples is
yet another area for further clarification, including as it relates to the issue of consultation.
While the Working Group cannot examine all the questions and dilemmas that may arise in
the course of implementation of the Guiding Principles, it will identify and clarify the most
salient issues wherever possible, and then encourage partners, including academic and
practitioner networks, to develop and disseminate solutions appropriate to specific
challenges, such as those arising with regard to particular industry sectors, geographies,
stakeholder groups or business relationships.
71.
Under the above four focus areas, the Working Group proposes to use “learning
labs” to support States and business enterprises to address common implementation
challenges. In the case of business, these challenges include the incorporation of human
rights into risk management and due diligence processes, supply chains and grievance
mechanisms. In the case of States, these include advancing policy coherence, identifying
roles for national and subnational public agencies, and building capacity of public
accountability bodies and judicial and non-judicial mechanisms. These learning labs will
provide opportunities to cross-share lessons learned, and identify and understand winning
approaches, in order to build on the successes of others.
3.
Embedding in global governance frameworks
72.
As its third major platform of work, the Working Group will seek to promote
incorporation of the Framework and Guiding Principles into global governance
frameworks. To this end, the Working Group will proactively seek to engage with
institutions overseeing existing and emerging governance frameworks that are able to play
a significant role in requiring, or otherwise encouraging, business enterprises and States to
implement the Guiding Principles. The Working Group will encourage the embedding of
the Guiding Principles into such frameworks, including regional and international
agreements and institutions, industry associations, and responsibility, sustainability and
investor ranking indices, among others. 34 Guided by these considerations, and taking into
account available resources and capacity, the Working Group will prioritize its engagement
relating to those governance frameworks that (a) have effective accountability mechanisms;
(b) can demonstrate a track record of adherence by members/participants to their tenets; (c)
apply to a large number of actors; and (d) provide effective grievance mechanisms for
affected individuals.
73.
Throughout its work, the Working Group will seek to promote an active role for
United Nations bodies in achieving the goals of its mandate. 35 In this regard, the Working
Group welcomes the mandate given to it by Human Rights Council to work in close
cooperation and coordination and to develop regular dialogue with other relevant special
procedures of the Human Rights Council, relevant United Nations and other international
bodies, including the human rights treaty bodies. The importance of such coordination,
34
35
As an example of the role of the Working Group in promoting alignment of other frameworks with
the Guiding Principles, see its background note to Governments involved with negotiating the Rio
+20 outcome documents, available from
www.ohchr.org/Documents/HRBodies/SP/BNUNGuidingPrinciplesBusinessHR.pdf.
In 17/4, the Human Rights Council also requested the Secretary-General to prepare a report on how
the United Nations system as a whole, including programmes and funds and specialized agencies,
could contribute to the advancement of the business and human rights agenda and the dissemination
and implementation of the Guiding Principles, addressing in particular how capacity-building of all
relevant actors to this end could best be addressed within the United Nations system. The report will
be presented to the Human Rights Council at its twenty-first session.
17
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