A/HRC/44/56
human rights agenda through different activities, such as the retreat of the Council held in
Dakar in October 2019, where discussions focused on gaps in addressing human rights
abuses by business activities and possible ways forward. She stressed that the theme of the
eighth session of the Forum provided a timely reminder for all Governments that it was
time to take decisive and concrete action in the discharge of their duty to provide protection
against human rights abuses and uphold international human rights law. She reiterated the
need to adopt a smart mix of regulatory and voluntary measures, international action and
national policies to meet the State duty to protect and foster business respect for human
rights. She provided an update on the recent work of the open-ended intergovernmental
working group on transnational corporations and other business enterprises. 3 In conclusion,
she highlighted the role of the Forum as a unique facilitator for open, collective discussions
about solutions among all relevant stakeholder groups on an equal footing.
12.
The Chair of the Working Group noted that government action was overdue and that
it was urgent to adequately address the challenges of today and prevent those of tomorrow.
She welcomed the positive, progressive legal and policy developments, such as the
adoption of anti-slavery legislation in some jurisdictions and the French “duty of vigilance
law”, and the discussions on mandatory human rights due diligence taking place at the
European Union level under the Finnish presidency of the Council of the European Union.
She welcomed the growing momentum on the development of national action plans on
business and human rights in different regions. She encouraged those States that had not
already done so to follow and produce national action plans in line with the Guiding
Principles and to implement them in a cohesive way. The Chair recalled that effective
regulation levelled the playing field and provided legal certainty for companies to discharge
their responsibilities under the Guiding Principles and highlighted the growing number of
companies openly supporting mandatory human rights due diligence legislation in certain
countries.
13.
The Chair of the Working Group reminded participants that, despite such
developments, people in all regions continued to suffer from business-related harms, often
on a large scale, and with irreversible damage. She stressed that more than 152 million
children were victims of child labour and that 25 million adults and children were in forced
labour, including in global supply chains. Continuous violence and judicial harassment
against human rights defenders, the high risks of exploitation faced by migrants, the risks
posed by dam failures, discrimination, gender inequality and the risks associated with
emerging technologies, among other issues, had been raised by the Working Group as
systemic challenges that needed to be tackled. The Chair expressed concern about the fact
that most companies still had not adopted effective strategies and policies to fulfil their
responsibility to respect human rights.4
14.
The Chair of the Working Group recalled the need for Governments to advance
corporate human rights due diligence as part of standard business practices, and to use all
available levers to address market failures and close governance gaps. 5 Corruption too was
a root cause of human rights abuses in many contexts and Governments should lead by
example in their role as economic actors. Moreover, Governments should urgently ensure
access to remedy for victims and ensure that the particular risks faced by women and girls
were duly taken into account when developing regulations or policies to prevent and
address business-related human rights abuses. The Chair recalled the importance of
developing a common vision for the way forward, through an inclusive and constructive
multi-stakeholder dialogue focused on practical solutions.
15.
The Minister for Foreign Trade and Nordic Affairs of Sweden shared lessons
learned from efforts made by Sweden in seven key areas related to business and human
rights, namely: social dialogue; protection of the human rights of women and girls, which
was essential for sustainable economic development and not just the right thing to do, as
gender inequality was always wasteful; the fight against corruption; human rights-
3
4
5
4
For more information on the fifth session of the open-ended intergovernmental working group on
transnational corporations and other business enterprises, see www.ohchr.org/EN/HRBodies/
HRC/WGTransCorp/Session5/Pages/Session5.aspx.
See www.corporatebenchmark.org/sites/default/files/2019-11/CHRB2019KeyFindingsReport.pdf.
A/73/163, para. 93.
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