A/HRC/21/21
34.
Given that the Guiding Principles are not a static set of norms, the identification of
normative gaps may arise. As such, further development of standards should be carried out
by the United Nations human rights system, supported by open multi-stakeholder processes.
35.
In addition to the Working Group on the issue of human rights and transnational
corporations and other business enterprises, whose mandate is specifically focused on
promoting the dissemination and implementation of the Guiding Principles, other special
procedures mandate holders of the Human Rights Council are well placed to apply the
Guiding Principles in their analyses of specific situations or thematic areas. Greater
attention to the issue by mandate holders would contribute to the further exploration of any
specific challenges faced in the implementation of the Principles by States and business
sectors, in different operational contexts, in relation to particular human rights issues,
human rights defenders and vulnerable groups.
36.
United Nations treaty bodies have an important role to play in clarifying the
application of the international human rights obligations of States parties with regard to
business-related human rights issues. Treaty bodies may use the Guiding Principles (which
to a large extent are derived from existing treaty obligations) to inform their dialogue with
States parties under the treaty reporting process, individual complaints and in the
elaboration of general comments, statements and other treaty body output that address
States parties’ obligations relating to the human rights impact of business activities.
37.
In their submissions for the present report, some States proposed incorporating
reporting on the duty to protect against corporate-related human rights abuse – the first
pillar of the Guiding Principles – – in the universal periodic review. Doing so would
facilitate a more systematic collection of information on State efforts to implement the
Guiding Principles. Civil society may also contribute to the universal periodic review and
treaty body processes by using the Principles as benchmarks in their submissions.
2.
United Nations system in general
38.
Greater attention to human rights in general across the United Nations system offers
opportunities for integrating the business and human rights agenda, and in particular the
Guiding Principles, into existing platforms and activities.
39.
The Global Compact as the strategic policy initiative of the United Nations for
engaging the business sector already contributes by building consensus and supporting
learning and dialogue on the human rights responsibilities of business. At the same time,
awareness and implementation of such responsibilities among corporate members remains a
key challenge. It is important that the Global Compact address this challenge by
highlighting the corporate responsibility to respect human rights as set out by the Guiding
Principles in more explicit terms in the commitments that business participants undertake
upon joining. All human rights-related activities of the Global Compact should at a
minimum be aligned with the Guiding Principles.
(a)
United Nations activities at the regional and country levels
40.
A number of activities involving the United Nations at the country and regional
levels are relevant to the business and human rights agenda. Integrating the Guiding
Principles into such activities will strengthen coherence and alignment with international
standards on business and human rights.
41.
At the regional level, the business and human rights agenda and the Guiding
Principles can contribute to the activities of United Nations regional commissions focused
on guidance, capacity-building and technical cooperation on economic and social policy
involving Member States and other stakeholders in the respective regions.
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