A/HRC/21/21
human rights, in particular with regard to implementation of the Guiding Principles. In the
report, how the Guiding Principles could be internalized within the Organization was also
considered.
7.
While the Working Group established by the Human Rights Council has an
important role to play in advancing the implementation of the Guiding Principles, the sheer
scale and complexity of the business and human rights agenda requires larger concerted
efforts that involve the United Nations system as a whole. This view is also reflected in
calls by Governments, business and civil society for the United Nations to play an active
role in advancing the dissemination and implementation of the Guiding Principles.
8.
In preparation of the report, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) requested all States and United Nations mechanisms, bodies,
specialized agencies, funds and programmes and other relevant stakeholders to submit their
views and recommendations to the Secretary-General on how to pursue the objectives
presented in resolution 17/4. More than 70 submissions were received.4
9.
Given the wide scope of the present report, it can only provide an outline of the main
substantive and organizational issues raised in securing the involvement of all relevant
entities and mechanisms of the United Nations system in advancing the business and human
rights agenda in ways that are consistent with their respective mandates. The
implementation of the recommendations made in the present report will in all likelihood
require additional analysis by the entities concerned.
II. Background
10.
Against the backdrop of a longstanding and polarized debate on the human rights
responsibilities of business, in 2005, the Commission on Human Rights, in its resolution
2005/69, requested the Secretary-General to appoint special representative on the issue of
human rights and transnational corporations and other business enterprises, with a mandate
to identify and clarify standards of responsibility and accountability for business enterprises
with regard to human rights, and to elaborate on the role of States in effectively regulating
and adjudicating business conduct in this regard. In 2008, the Special Representative
introduced the “Protect, Respect and Remedy” Framework for business and human rights to
the Human Rights Council, as a foundation for further action. In its resolution 8/7, the
Council welcomed the Framework
and requested the Special Representative to
operationalize it. In 2011, the Special Representative, building on six years of extensive
multi-stakeholder consultations and research, presented the Guiding Principles for the
implementation of the Framework to the Council.2.
11.
The Guiding Principles do not create new legal obligations but constitute a
clarification and elaboration of the implications of existing standards, including under
international human rights law, and practices for both States and business enterprises,
including as they relate to enhancing access to remedy for victims of business-related
human rights abuse.
4
4
A total of 12 were submitted by States, 12 by United Nations system entities and mechanisms, five by
national human rights institutions, four by business organizations and more than 40 from civil society
organizations and other stakeholders.
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