A/HRC/31/50
complementary, and the two should not be confused. The panellist also noted that the ILO
instruments could provide guidance in this respect. Specifically, the panellist mentioned the
various ILO conventions on employment at sea as an example of a treaty that includes a
clear indication of shipowners’ liability and refers directly to private shipowners’
obligations. Finally, the panellist noted that, while some speakers focused on the role of the
home State in ensuring that companies within their jurisdiction complied with due
diligence, there were instruments that refer to companies’ international liability.
81.
One panellist noted that stakeholder surveys in the business sector showed that
respect for human rights had become an issue of concern for the business community and
that business people today believed that human rights were relevant to their work and
should be part of a business strategy. The panellist further noted that the Guiding Principles
had already had a major impact and support on the business sector and should continue to
be supported. The panellist stressed that all businesses, including small and medium-sized
enterprises, should protect human rights. Specifically, the panellist noted that multinational
companies competed locally for business and faced the challenge of competition with the
unorganized and informal markets. The panellist added that it was critically important to
enable host States to cast their net more broadly and minimize the informal economy, that
all companies must abide by the laws of the States where they operate (“host States”) and
that the most valuable work was to equip host States to meet their responsibilities to protect
human rights.
82.
One business representative stressed the importance of national action plans as a
powerful tool to identify gaps and create an enabling environment for business and human
rights. He also referred to the ILO Protocol of 2014 to the Forced Labour Convention, 1930
(No. 29), which requires Governments to support companies in their due diligence. This
supportive approach could guide the work of the working group, which should elaborate on
ways on establishing an easy accessible support structure for companies similar to the ILO
multinational enterprises helpdesk.
83.
Most delegations underlined that a future instrument should clearly set out the direct
obligations of corporations to respect human rights. One delegation pointed out that, while
the primary responsibility of States was to protect human rights by means of legislative and
judicial measures, the responsibility of corporations to respect human rights entailed a
direct obligation to prevent, mitigate and redress the human rights abuses caused by their
operations. Another State noted that many enterprises had managed to bypass the duty to
respect human rights, despite the fact that, under national legislation, all individuals must
respect human rights. One delegation noted that transnational corporations and other
business enterprises could have different legal status in different countries, so there was a
need to clarify definitions, particularly regarding obligations.
84.
Another State noted that transparency and public access to information were
necessary to ensure proper oversight of actions. One State pointed out that the instrument
should establish the liability and accountability of enterprises under human rights and
humanitarian law. Another State noted that the risks of corporate complicity in human
rights abuses committed by other actors increased in conflict-affected areas. It went on to
raise concerns about businesses that supported or profited from the internationally unlawful
conduct of a States, in particular in contexts of occupation. In that regard, it was of vital for
the legally binding instrument to prevent and address the heightened risk of business
involvement in abuses in conflict situations, including situations of foreign occupation. Due
consideration should be given to the principles of international humanitarian law and the
right to self-determination, including permanent sovereignty over natural resources,
particularly in conflict zones. Finally, one delegation noted that the future international
instrument should consider situations of inadequate compensation and include both foreign
and local enterprises.
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