A/HRC/17/32
enforcement measures effectively address the heightened risk of businesses operating in
conflict situations being involved in gross human rights abuses, including through
provisions for human rights due diligence by business. They should ensure that their
regulatory frameworks are adequate, the applicability to business entities is clarified and,
for the most extreme situation, make sure that the relevant agencies are properly resourced
to address the problem of business involvement in international or transnational crimes,
such as corruption, war crimes or crimes against humanity.
14.
States can also help business enterprises to assess and address the risks of human
rights abuses by providing basic information and by assisting in identifying the tools
necessary for business enterprises to do so. For example, the concept of due diligence,
introduced by the Special Representative in the Protect, Respect and Remedy framework in
2008, has been elaborated as a method by both OECD in its Due Diligence Guidance for
Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and
endorsed by both the International Commission on the Great Lakes Region and the Security
Council in its consideration of the Democratic Republic of the Congo.
15.
States should ensure that their own agencies are sufficiently competent to provide
useful and effective advice. Home States in particular should foster closer cooperation
among their development assistance agencies, foreign and trade ministries, and export
finance institutions in their capitals and within their embassies, as well as between these
agencies and host Government actors. This is particularly important for embassy
commercial and political officers, export credit agencies and other such bodies that engage
directly with the private sector. Agencies that act in the market, or abroad, where business
enterprises operate, play a critical role in communicating expectations about business
behavior. States should expand on such efforts as, for example, the training of diplomatic
commercial officers in human rights “red flags”, encouraging export credit agencies to
begin discussing human rights as part of non-financial (social and environmental) risks as
well as developing early warning indicators to alert Government agencies and business
enterprises to problems.
16.
Public sector mechanisms through which this might be implemented include:
(a)
Rules requiring a human rights/conflict sensitivity policy (analogous to an
anti-bribery pledge) on the part of business enterprises operating in a violent context;
(b)
Gathering and communicating information on legal obligations (for example,
home State legislation, Security Council and other sanctions) and advisories (such asadvice
from the State concerning particular operating contexts, human rights responsibilities and
corporate social responsibility tools);
(c)
Gathering or making available public domain information about the human
rights situation in a particular conflict area;
(d)
Establishing and communicating heightened due diligence standards in
conflict situations, such as theOECD Due Diligence Guidance for Responsible Supply
Chains of Minerals from Conflict-Affected and High-Risk Areas;
(e)
“White listing” cooperative business enterprises for State procurement,
investment, export credit and other transactions based on due diligence policies and
practices;
(f)
Recommending caution or adopting certain steps/measures in risk areas, for
example, a “travel advisory” model that would trigger greater – or different kinds – of
engagement between State agencies and business enterprises;
(g)
Ensuring that agencies are able to meet the State’s obligations to prevent
stolen and looted goods from entering their jurisdiction;
(h)
Offering governmental or other conciliation or mediation services where
local conflicts arise involving the business;
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents