A/HRC/17/32
(i)
Offering confidential advice by foreign, trade or industry ministries, either in
capitals or via embassies. In addition to trade promotion activities, a number of countries
make it an obligation of trade promotion officers to discourage business enterprises from
heading into what appear to be problematic activities, such as corruption. To create a
parallel duty concerning, for example, international crimes, would require mandating and
training commercial and political officers/sections in embassies and foreign ministries;
(j)
Working bilaterally with partner States to ensure effective cooperation among
all relevant States with regard to the operation of business enterprises in a particular
conflict situation. For example, where a host State requires business enterprise payment
directly to the military or security forces (i.e., directly to units and not via taxes to the
treasury) or the provision of logistical assistance, bilateral diplomacy could attest that
signed and transparent agreements govern those business enterprise-military relationships;
(k)
A peer review model could address State responses to business in conflictaffected regions, as adapted from the African Peer Review model, which is focused on
governance.
B.
Uncooperative enterprises
17.
In situations where a State feels that a business enterprise is unwilling to meet the
standards set out, does not implement the recommended processes in good faith or refuses
to refrain from behaviour that puts human rights at risk, additional measures may need to be
considered. These might be considered in a sliding scale, and include such measures as:
• An embassy or other State agency might be asked to investigate
• Official interventions might be made at a senior level, communicating State
expectations to corporate leadership if it is a large business enterprises, for example,
via meetings by senior officials with managers, or a communication from the
relevant minister to a chief executive officer
• Media statements or statements in parliament might be made questioning business
enterprise behaviour and/or distancing the State from the business enterprise
• A mission may be appointed to investigate and report, for example, to Parliament
• An ombudspersons/national contract point mechanism may be activated
• Neighbouring countries in the region may involve partner countries in investigation,
conciliation and mediation, for example, through the European Union, the African
Union or the Organization of American States
• The State may threaten the withdrawal of consular and/or business development
support
• A process might be initiated to exclude a business enterprise from the State
procurement market, investment universe, export credit eligibility and other State
transactions
18.
In most extreme situations, where enterprises commit or contribute to gross human
rights abuses and disregard any advice to mitigate or remediate their impact, other
additional measures should need to be considered, such as:
• States should explore civil, administrative or criminal liability
• Unilateral or multilateral sanctions may be imposed (targeting a person or a business
entity)
• Shipments of commodities might be seized, where a determination has been made
that there is a reasonable risk that they are illicit (for example, similar to dual use
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