A/HRC/44/56
communities and to involve youth, women and older persons, while also noting the
potential danger of adapting the standards of free, prior and informed consent in some
contexts, as it might lead to business practices that would not be in line with the relevant
human rights standards, including on consultation and consent. The issue of building trust
between indigenous peoples and Governments was raised. Indigenous peoples’
representatives shared examples of initiatives in the renewable energy sector that respected
their culture, lands and sacred cultural sites but that were not recognized by States and
businesses. In a session dedicated to access to remedy for indigenous peoples, panellists
expressed the need for effective judicial and non-judicial mechanisms, highlighting the
important role of national human rights institutions and special procedures in monitoring
complaints. Indigenous peoples’ representatives shared information on current challenges,
including limited access to remedy, the poor design of remedial mechanisms, which were
also hampered by inadequate understanding of affected communities, their languages and
cultures, lack of understanding of free, prior and informed consent requirements by
businesses, poor regulatory frameworks, and failure to address risks and intimidation by
businesses.
70.
In a session dedicated to the role of the private sector in protecting lesbian, gay,
bisexual, transgender and intersex persons and their rights, participants discussed the
operationalization of the relevant OHCHR standards of conduct.21 While noting the current
lack of monitoring mechanisms, participants agreed that businesses could be drivers for
positive change if they were more inclusive and open on issues affecting lesbian, gay,
bisexual, transgender and intersex persons, notably by engaging with local organizations
and networks involved in advocating for their rights. Participants also highlighted the
potential economic loss of failing to do so. The Stonewall toolkit to help companies to
tackle discrimination against lesbian, gay, bisexual, transgender and intersex persons was
presented during the eighth session of the Forum as an innovative tool to guide businesses
on this matter.22
71.
A session was dedicated to the inclusion of persons with disabilities in the world of
work. While noting that persons with disabilities, especially women, faced multiple barriers
in accessing employment opportunities and in the workplace, participants said that there
had been a shift towards more inclusive hiring practices and an increase in investment and
in the number of business leaders with disabilities.
72.
Various sessions specifically devoted to children’s rights were organized. Marking
the thirtieth anniversary of the Convention on the Rights of the Child, one session
showcased government policies that scaled up business actions affecting children’s rights
and the rights of their families, including the following:
(a)
Mechanisms for encouraging children to attend school in Zanzibar, United
Republic of Tanzania, through the engagement of businesses and families;
(b)
Agreements
Netherlands;23
(c)
on
international
responsible
business
conduct
in
the
The Child Rights and Security Checklist in Canada;24
(d)
The Effective Approaches to Ending the Worst Forms of Child Labour in
Fragile Contexts programme in the Central African Republic, the Democratic Republic of
the Congo and Ethiopia;25
(e)
The UNICEF Children’s Rights and Business Atlas.26
73.
In a report on ending child labour, forced labour and human trafficking in global
supply chains, ILO, OECD, IOM and UNICEF called upon businesses to address, at the
21
22
23
24
25
26
OHCHR, Standards of Conduct for Business: Tackling Discrimination against Lesbian, Gay, Bi,
Trans and Intersex People (2017).
See www.stonewall.org.uk/resources/agents-change-guide-lgbt-advocacy-businesses.
See www.imvoconvenanten.nl/en.
See www.unicef.org/csr/files/Child_rights_and_Security_Checklist_ENG.pdf.
See https://assets.publishing.service.gov.uk/media/5e1dd13d40f0b6115499f4d2/EffectiveApproaches-Ending-Worst-Forms-Child-Labour-Fragile-Contexts.pdf.
See www.unicef.org/csr/businessatlas.htm.
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