A/HRC/41/49
• In general, the measurement of social impacts, and the effectiveness of efforts to
address them, is significantly less developed than for other non-technical risks. In
other words, the “S” of “ESG” (environmental, social and governance) risk analysis
done by investors and companies currently suffers from a lack of understanding and
common approaches and indicators. There is a need for better understanding of the
impact of human rights policies and practices on people and on commercial
strategies. At the moment, most indicators focus on management performance, but
little is known about the impact of policies and processes oriented to respect for
human rights.
• There is a disconnect between investors and civil society, particularly groups on the
ground that are at the “frontline” of addressing business-related human rights harm.
• Company engagement is a very important and useful tool for investors in driving
change in behaviour. However, there is a gap between the information coming from
businesses and information from the people affected, conveyed through civil society
organizations and stakeholders. With regard to the latter point, the challenge may
not be lack of information available from civil society and human rights defenders,
but rather the aforementioned “disconnect”, or a lack of platforms for exchange
between the investment community and human rights campaigners on the ground.
• Initiatives like Platform Living Wage Financials and Investor Alliance for Human
Rights are important steps in taking a more proactive approach to measuring social
issues in investment portfolios; however, more needs to be done to engage
leadership at the executive level in companies and more mainstream investors to
advance changes in practices.
• More transparency and more accurate data are needed from companies concerning
their own practices and impact measurement, as well as from investors concerning
how effective their engagements are in changing corporate behaviour and conditions
for rights holders.
E.
Role of business lawyers
64.
In its report on human rights due diligence and its companion paper on business
practice, the Working Group included a special focus on the role of business lawyers, citing
a “reluctance or even pushback from traditionally oriented legal counsel, both in-house and
external” and a “lack of integration of business and human rights into the core advisory
services of corporate law firms” (A/73/163, paras. 25 (a) and 35 (b)). At the same time, it
identified the great potential for business lawyers to integrate advice on human rights due
diligence more widely as part of advisory services for clients, and noted that “some bar
associations and large law firms … endorse the Guiding Principles and acknowledge that
human rights should be a core part of the advice provided by a wise counsellor” (ibid., para.
41). The members of the Working Group also observed that there was an emerging view
within the legal profession that advice on human rights risk management formed a core
component of providing legal and commercial advice to businesses. This observation
provided the background for a Forum session dedicated to exploring the role of business
lawyers as drivers for more effective human rights due diligence by companies. The
meeting was co-organized by the International Bar Association, which has published tools
for lawyers on this topic.15
65.
Participants in the session examined what lawyers could do in practical terms to
support businesses in meeting the responsibility to respect human rights as set out in the
Guiding Principles. They highlighted how lawyers’ extensive transactional and
investigative experience in conducting human rights diligence could support companies,
and how they could help balance the demands of the Guiding Principles and deal certainty.
Participants affirmed that there was a growing awareness of a connection between business
15
IBA Practical Guide on Business and Human Rights for Business Lawyers and Handbook for Lawyers
on Business and Human Rights.
15
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