A/HRC/17/32 I. Introduction 1. The mandate of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises includes identifying ways and means for States and business enterprises to prevent, mitigate and redress corporate-related human rights harm. In its resolution 8/7, the Human Rights Council unanimously welcomed the protect, respect and remedy framework proposed by the Special Representative and extended his mandate for an additional three years with the task of providing concrete guidance and practical recommendations on its implementation. 2. As part of operationalizing the duty of the State to protect human rights, the Special Representative convened three workshops involving officials from a small but representative group of States to generate practical and innovative ideas and policy proposals to support business respect for human rights in conflict-affected areas and to help ensure that business enterprises operating in those contexts are not involved with abuses. Participants were invited on the basis of their interest in dealing with the issue; their previous or current exposure to it; their willingness to engage in such a process; and the representation and balance between so-called home and host States. A number of countries agreed to participate, including Belgium, Brazil, Canada, China, Colombia, Guatemala, Nigeria, Norway, Sierra Leone, Switzerland, the United Kingdom of Great Britain and Northern Ireland and the United States of America. 3. Each workshop was structured as a brainstorming session built around a scenario. Participants were asked to respond to the scenario with a view to identifying the range of policy options that home, host and neighbouring States have or could develop to prevent and deter corporate-related human rights abuses in conflict contexts. Workshop 1 addressed options for States to engage with business enterprises that find themselves physically present in conflict situations. Workshop 2 addressed options for States to engage with business involved in foreign investment and trade activities that extend to conflict situations. Workshop 3 focused on the State’s individual and collective roles in fostering corporate accountability, in particular State responses to business enterprises that decline to engage in constructive engagement. The nature of the business activity differed from one scenario to the next, and each scenario assumed conflict situations involving escalating or variegated violence. 4. Participating States were not expected to reach a consensus or endorse any position, but to contribute to a policy discussion that the Special Representative could draw upon in making his own recommendations contained in the present report. II. Challenges for States to support business respect for human rights in conflict situations 5. Conflict situations are one of the most difficult circumstances for human rights. Human rights abuses frequently spark or heighten conflict, and conflict in turn often leads to further human rights abuses. Many business enterprises have to operate in such environments either because their activities require them to be in the area already affected by conflict or because they get caught up in the outbreak of a conflict. Unsurprisingly, the most egregious business-related human rights abuses also take place in such environments, where the human regime cannot be expected to function as intended. 6. It is important for all States to address issues early before situations on the ground deteriorate. In conflict-affected areas, the “host” State may be unable to protect human rights adequately owing to a lack of effective control. Where transnational corporations are involved, their “home” States therefore have a role to play in assisting both those 3