A/HRC/20/29
international and regional bodies that have existing accountability mechanisms is necessary.
The Working Group will seek to survey the landscape of existing accountability
mechanisms in global and regional governance structures, as well as relevant private
regulatory efforts, in order to identify gaps in coverage and opportunities to build upon and
strengthen existing remedy channels.
3.
Building an environment receptive to the Guiding Principles
59.
Local contexts will not always be conducive to straightforward implementation or
dissemination of the Guiding Principles. Many business enterprises operate in environments
subject to little positive external pressure to respect human rights. Some companies may
initially fail to see the relevance of the Guiding Principles to safeguarding and ensuring the
sustainability of their business. To build a conducive environment for the uptake of the
Guiding Principles, the Working Group appreciates that (a) stakeholders must be
empowered to demand that States and business enterprises meet their respective duties and
responsibilities; (b) actors committed to supporting implementation and dissemination
efforts must be equipped with the appropriate tools, skills and resources; and (c) the
“business case” for respecting human rights must be built for both States and business
enterprises. With regard to all three aspects, promoting efforts to build the capacity of
relevant actors is of key importance.
60.
Activate the demand for implementation of the Guiding Principles: Investors,
consumers, workers, trade unions, civil society and affected persons, including indigenous
communities, demand in increasingly vocal and visible ways that States and business
enterprises address the human rights impact of business activities. It is the basic expectation
of society as a whole that companies should respect human rights throughout their
operations and in their business relationships. These voices each add their weight to the
demand for States and business to fulfil their duties and responsibilities as laid out in the
Guiding Principles. As such, they play a crucial role in supporting uptake. The Working
Group will therefore seek to promote dialogue between stakeholders, including by enabling
such voices to be heard in its various efforts to aid in the dissemination and implementation
of the Guiding Principles.
61.
Reach new audiences and actors: For the Guiding Principles to achieve their true
potential, they must be well understood and applied effectively by a wide audience of
practitioners, in all regions. This will form part of a specific work stream for the Working
Group (see paragraphs 63 – 74 below).
62.
Promoting the “business case” for States and business enterprises: There is a
growing body of testimony indicating that failure to address the human rights impact of
business activities may in some cases lead to significant negative legal, financial,
operational and reputational consequences for companies. At the same time, implementing
the Guiding Principles can serve as an integral component of long-term value creation,
corporate citizenship and business sustainability. With regard to implementation by States,
ensuring enhanced protection against business-related human rights harm, and the
promotion by States of business respect for human rights, may help to prevent significant
social, economic and environmental costs while also contributing to more equitable,
inclusive, broad-based and socially sustainable economic development outcomes. In
addition to stressing these points, the Working Group will emphasize the legitimacy of the
Guiding Principles, provided by their grounding in existing international human rights
standards, institutional backing and multi-stakeholder support, their normative clarity and
inherent utility, as well the increasing availability of tools and resources that may support
their implementation by both States and companies.
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