A/HRC/41/49
42.
The Human Rights Council, in its resolution 38/13, requested the Working Group to
analyse further the role of national human rights institutions in facilitating access to remedy
for business-related human rights abuses and to convene a two-day global consultation on
those issues, open to all stakeholders, and to inform the Council by its forty-fourth session
as appropriate. In preparation for the requested report, the Working Group convened a
session to gain a better understanding of the existing mandates, policies and practices of
national human rights institutions concerning access to remedy for business-related human
rights abuses. Representatives of national human rights institutions from all the regions had
the chance to share their mandates and challenges and to learn from peers. Among the main
challenges they identified were building trust among the different stakeholders, the need for
the adoption of the Guiding Principles into national laws and the need for training and
awareness-raising on issues regarding business-related human rights abuses.11
IV. Corporate respect for human rights
A.
Towards effective human rights due diligence? Challenges and
emerging practices
43.
A major focus of the 2018 Forum was the requirement set out in the Guiding
Principles for companies to carry out human rights due diligence. A key session in the
programme, organized jointly by the Working Group, OECD and OHCHR, highlighted the
alignment between the concept of human rights due diligence contained in the Guiding
Principles and that set out in the OECD Due Diligence Guidance.
44.
It was noted that the Guiding Principles make it clear that all business enterprises
have an independent responsibility to respect human rights and that, in order to do so, they
are required to exercise human rights due diligence to identify, prevent, mitigate and
account for how they address impacts on human rights. The introduction of that concept
was one of the major contributions of the Guiding Principles.
45.
It was further noted that the release in 2018 of the OECD Due Diligence Guidance
had provided another important step forward in helping to clarify what human rights due
diligence involved, in practical steps.
46.
Both the members of the Working Group and representatives of OECD highlighted
that the Working Group report on due diligence and the OECD Due Diligence Guidance
were fully aligned, both on key elements and their assessment of gaps/challenges in
implementation. They noted that convergence was critical, and responded to calls from
business for harmonization and removed doubt about what responsible business conduct
was in practice. Lack of guidance and clarity could no longer be an excuse for inaction.
Importantly, the OECD Guidance acknowledged that human rights due diligence could and
should be embedded in strong company management systems and provided practical
guidance related to the different steps of due diligence reflected in the Guiding Principles.
Applying a human rights lens to policies and due diligence processes embedded across
company management systems could be a means of achieving greater operational
consistency across different jurisdiction and for staying ahead of the curve regarding
regulatory developments across a range of responsible business conduct issues.
47.
The members of the Working Group and representatives of OECD explained that
there was also close alignment among the descriptive characteristics of the due diligence
process. Namely, due diligence:
• Is preventive (this was underlined to be the most important point)
• Involves multiple processes and objectives
• Is commensurate with risk (risk-based)
11
Statements from participating national human rights institutions are available at
www.ohchr.org/Documents/Issues/Business/ExecutiveSummaryA73163.pdf.
11
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