A/HRC/41/49
that capacity-building, policy coherence and a strengthening of existing grievance
mechanisms were essential measures for moving towards human rights-compliant
development projects. Noteworthy examples included efforts by the Government of Finland
to strengthen coherence across all five of its public finance instruments with a view to
evolving their own implementation of human rights due diligence collectively and in
coordination, as well as an evaluation done for the Government of Norway on integrating
the Guiding Principles in the context of development cooperation. Another type of initiative
presented was the Alliance for Torture-Free Trade, an initiative of Argentina, Mongolia and
the European Union aiming to end the trade in goods used for capital punishment and
torture.7
38.
A panel on the role of State-owned enterprises provided participants with examples
of current practices from different regions and sectors, including Sweden, Norway and the
Republic of Korea, where the integration of the Guiding Principles into their due diligence
processes has already begun. Despite the growing awareness regarding the important role of
State-owned enterprises, action by Governments in that area is still lagging in many regions
and sectors. It was noted that the OECD Due Diligence Guidance, together with the
Guiding Principles, provided all the necessary clarity on what needed to be done, but most
Governments and State-owned enterprises were not leading by example as they should. For
example, an OECD study of State-owned enterprises in nine Asian countries 8 showed a
range of practices in relation to human rights, reflecting differing national legislative
policies and market forces. As an example demonstrating the potential for leadership by
State-owned enterprises, it was noted that 49 per cent of the members of the boards of
Swedish State-owned enterprises were women, compared with 9 per cent in the private
sector.
39.
Another Forum agenda item linked to the broad issue of improving policy coherence
was the question of the compatibility of investment treaties with human rights, and the
extent to which such treaties can and should address human rights matters. Speakers
highlighted the increasing calls for a balancing of rights and obligations between States and
investors in the investment treaty regime, which was part of a wider debate. Examples of
recent investment treaties that addressed that issue were highlighted, including the Dutch
model bilateral investment treaty and the Morocco-Nigeria bilateral investment treaty,
which included references to sustainable development, corporate responsibility and the
protection of human rights and the environment.
C.
Realizing access to effective remedy
40.
Forum discussions centred on the third pillar of the Guiding Principles, including
discussions on the relationship between human rights due diligence and determinations of
corporate legal liability under national law, with insights provided by the OHCHR
Accountability and Remedy Project.9 A session organized by OHCHR explored the
interconnectedness of different grievance mechanisms, with a particular focus on the third
phase of the project, which aimed to analyse how non-State-based grievance mechanisms
situated within a “regulatory ecosystem” fit within the “family” of grievance mechanisms.
41.
With respect to national-level developments, the representative of Belgium
announced the drafting of a set of recommendations for an effective domestic remedy and
the issuance of a publication10 to inform organizations about how they can comply with
their human rights duties and provide compensation for victims and which includes a list of
the existing remedy mechanisms.
7
8
9
10
10
See www.torturefreetrade.org/.
Cambodia, India, Indonesia, Kazakhstan, Malaysia, Pakistan, Republic of Korea, Turkey and
Viet Nam.
See www.ohchr.org/EN/Issues/Business/Pages/OHCHRaccountabilityandremedyproject.aspx.
See www.developpementdurable.be/sites/default/files/content/en_brochure_droits_de_lhomme
_062018.pdf.
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