A/HRC/44/56
E.
Corruption and human rights
84.
Two sessions were organized to help inform the report of the Working Group on
connecting the business and human rights and anti-corruption agendas (A/HRC/44/43). The
sessions aimed to clarify how corruption affected rights holders – specifically, how
corruption was linked to, caused or contributed to human rights abuses – and to provide
space for peer learning based on practical examples from the business community that had
contributed to the prevention of corruption and human rights abuses.
85.
Recognizing that corruption had a significant impact on the enjoyment and
protection of human rights, affecting especially marginalized groups in general and women
and girls in particular, the Working Group emphasized the importance of adopting a
people-centred approach when fighting corruption, and highlighted the positive
contribution of civil society in that area. Participants agreed that corruption was not solely
relevant to the public sector and that there was an urgent need to understand how corruption
affected all actors. Partnership and trust were key elements in the fight against corruption
and the protection of human rights. Specific training sessions for employees and employers
on corruption and its impact were identified by business representatives as useful tools.
F.
Implementing the Guiding Principles in conflict and post-conflict
contexts
86.
With the aim of further informing the report of the Working Group to the General
Assembly at its seventy-fifth session, and as part of the consultation process linked to its
project on business and human rights in conflict-affected situations, 33 two sessions were
dedicated to addressing human rights abuses related to business operations in conflict and
post-conflict contexts. Key takeaways included the following:
(a)
A panel on the role of home States in promoting responsible investment in
post-conflict contexts demonstrated that there was demand for guidance, not so much in the
form of normative and legal standards, but rather in the form of practical and operational
guidance;
(b)
There was a need to elaborate on what responsible engagement looked like
when doing business and making investments involved actors that might have committed
war crimes or gross human rights abuses. The question was raised of what to do when the
“bad guys” were government actors with ties to the sector in question. While it was easy to
advise against engaging in such contexts, it was harder to address reality and find ways of
minimizing and preventing adverse impacts. One clear message was the need to look at
business relationships;
(c)
Some useful guidance was emerging, including from Governments, such as
the recent guidance from the Netherlands on conflict-sensitive private sector development.
However, there was a need to identify what else was needed;
(d)
While the discussions emphasized the importance of legislation and
mandatory human rights due diligence generally, they also stressed the need to look at other
tools for driving responsible business practices. One example provided was the decision by
the Government of Canada to consider withdrawing trade support to companies that failed
to respect human rights, which could be an effective measure. It was stressed that there was
a clear need for creativity and to make good use of the full range of available tools.
VI. Key messages and takeaways
87.
The key messages emerging from the sessions and discussions, as summarized by
the members of the Working Group, were the following:
(a)
Although some States were increasingly taking action to further incentivize
business respect for human rights through legal developments, policies, national action
33
18
See www.ohchr.org/EN/Issues/Business/Pages/ConflictPostConflict.aspx.
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