A/HRC/44/56
people and the environment. The fact that some of those most affected, such as indigenous
peoples, local communities, migrant workers, women and girls, lacked awareness of their
human rights was compounded by the weak understanding by businesses of their
responsibility to respect human rights, which in turn led to challenges with regard to
combating modern slavery, trafficking and forced labour. Increasing transparency across
supply chains and developing national action plans could help States and businesses to
address these challenges.
54.
The first part of the regional dialogue on Western European and other States built on
the report of the Working Group on economic diplomacy (A/HRC/38/48) and the
implications of Guiding Principle 4, which reads:
States should take additional steps to protect against human rights abuses by
business enterprises that are owned or controlled by the State, or that receive
substantial support and services from State agencies such as export credit agencies
and official investment insurance or guarantee agencies, including, where
appropriate, by requiring human rights due diligence.
The participants in the session highlighted that export credits, investment guarantees and
other public funding schemes for business activities provided an important lever for driving
more responsible business practices. They highlighted the importance for State trade and
investment agencies and institutions to have strong human rights policies in place. The
second part of the dialogue served as a consultation to help inform the Working Group’s
report to the General Assembly at its seventy-fifth session, on the issue of business and
human rights in conflict-affected areas.17 The discussion addressed the role of home States
(as opposed to host States) in supporting responsible business and investment practices in
line with the Guiding Principles, in both peacebuilding and post-conflict contexts (see para.
86 below).
55.
In the regional dialogue on Asia, government representatives shared their
experiences in implementing the Guiding Principles through regulatory and policy
frameworks. The session provided an opportunity to discuss the diverse pathways being
followed by countries in Asia to promote responsible business conduct. 18 Participants
analyzed the impact of inbound and outbound investments by companies and State-owned
enterprises domiciled in Asia. They discussed case studies involving special economic
zones and mega-infrastructure projects and the negative impacts on human rights, including
of indigenous people and local communities. Furthermore, they considered the practical
steps that States could take to ensure greater policy coherence between their human rights
obligations and efforts to create or maintain an investment-friendly environment. Strategies
for strengthening access to remedy in cases with a cross-border or transnational dimension
were also discussed.
56.
The regional dialogue on Latin America and the Caribbean featured presentations on
the European Union-funded joint project entitled “Responsible business conduct in Latin
America and the Caribbean”.19 Participants identified the high rates of inequality,
environmental degradation and hazardous working conditions, particularly in the resources
exploitation sector, as being among the most urgent business and human rights challenges.
They highlighted that tackling infrastructure projects and deforestation, including in the
Amazon region, had become a priority. The threats and risks faced by indigenous peoples
and human rights defenders, especially environmental defenders and measures, and the
need to strengthen access to effective remedies for victims were seen as of fundamental
importance. Moreover, it was essential to ensure the meaningful and equal participation of
affected communities, including indigenous people, in order for development initiatives to
be inclusive and for business practices to be sustainable.
57.
Participants in the regional dialogue on Africa discussed some common issues
preventing States from discharging their duty to protect against business-related human
rights abuses, including in the extractive sector. Among those issues were the scarcity of
financial and technical resources, corruption and the large size of the informal sector.
17
18
19
12
See www.ohchr.org/EN/Issues/Business/Pages/ConflictPostConflict.aspx.
The representatives of India, Indonesia, Japan, Nepal, Pakistan and Thailand shared their experiences
and lessons learned.
See www.ohchr.org/EN/Issues/Business/Pages/JointProjectResponsibleBusinessConduct.aspx.
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