A/HRC/8/16
page 18
“Direct Complicity occurs when a company knowingly assists a State in violating
human rights. An example of this is where a company assists in the forced relocation of
peoples in circumstances related to business activity.
Beneficial Complicity suggests that a company benefits directly from human rights abuses
committed by someone else. For example, violations committed by security forces, such as
the suppression of a peaceful protest against business activities or the use of repressive
measures while guarding company facilities, are often cited in this context.
Silent Complicity describes the way human rights advocates see the failure by a company
to raise the question of systematic or continuous human rights violations in its interactions
with the appropriate authorities. For example, inaction or acceptance by companies of
systematic discrimination in employment law against particular groups on the grounds of
ethnicity or gender could bring accusations of silent complicity.”
59. In relation to Principle 2, the Global Compact suggests a number of possible actions that
might help companies avoid “being implicated in human rights violations”, including
human rights impact assessments to identify the risk of company involvement in abuse; explicit
policies to protect workers both in the company’s direct employment and throughout their supply
chain; and explicit policies to ensure that the company’s security arrangements, even when
supplied by the State or another party, do not contribute to human rights abuse.49
60. The Global Compact also suggests that businesses establish clear safeguards to ensure that
if financial or material support is provided to security forces it is not used to violate
human rights, and that companies “make clear in any agreements with security forces that the
business will not condone any violation of international human rights laws”.50 More generally, it
is suggested that business “privately and publicly condemn systematic and continuous
human rights abuses”.51
(b)
The OECD Guidelines for Multinational Enterprises
61. Pursuant to the (OECD) Guidelines, amended in 2000, companies should “[r]espect the
human rights of those affected by their activities consistent with the host government’s
international obligations and commitments”.52 Member States and other countries that adhere to
the Guidelines are required to establish a National Contact Point, with which complaints against
companies, called “specific instances”, may be filed. These cases often involve allegations of
indirect involvement in human rights abuses.
49
Ibid.
50
Ibid.
51
Ibid.
52
See Organization for Economic Co-operation and Development, DAFFE/IME/WPG(2000)15/
FINAL, available at: http://www.oecd.org/dataoecd/56/36/1922428.pdf.
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