A/HRC/8/16
page 5
9.
This model has helped companies to consider their roles in society beyond the workplace,
and what actions to take in order to respect and support human rights. For example, a survey of
the Fortune Global 500 firms conducted by the Special Representative showed that respondents
appeared to prioritize their obligations to stakeholders in approximately this order; the only
significant variation being that firms in the extractive sector placed communities ahead of supply
chains.6
B. Limitations of the concept for today’s business and human rights agenda
10. As companies sought to determine more precisely what actions their social responsibilities
may require, and to whom they owe specific responsibilities, imprecision and ambiguity in the
sphere of influence concept became increasingly apparent. Moreover, the need for heightened
clarity escalated severalfold when the United Nations draft norms on the responsibilities of
transnational corporations and other business enterprises sought to employ the concept of sphere
of influence to demarcate legal obligations of companies, using the concept as though it were a
functional equivalent to a State’s jurisdiction.7
11. Imprecision and ambiguity in the concept stem from a number of sources, above all the
fact that the concentric circles model does not differentiate stakeholders whose rights could be
affected negatively by a company’s practices, such as communities, from actors over whose
actions the company might have some degree of influence, whether suppliers, communities, or
Governments.
12. However, this conflates two very different meanings of “influence”. One is “impact”,
where the company’s activities or relationships are causing human rights harm. The other is
whatever “leverage” a company may have over actors that are causing harm or could prevent
harm. Impact falls squarely within the responsibility to respect; leverage may only do so in
particular circumstances.
13. Anchoring corporate responsibility in influence defined as leverage is problematic, because
it requires assuming, in moral philosophy terms, that “can implies ought”.8 However, companies
cannot be held responsible for the human rights impacts of every entity over which they may
have some leverage, because this would include cases in which they are not contributing to, nor
are a causal agent of the harm in question. Nor is it desirable to require companies to act
wherever they have influence, particularly over Governments. Asking companies to support
human rights voluntarily where they have leverage is one thing; but attributing responsibility to
them on that basis alone is quite another.
6
A/HRC/4/35/Add.3.
7
E/CN.4/Sub.2/2003/12.
8
“The sphere of influence concept implies that the more control, authority or influence a
business has over a situation giving rise to human rights abuses (or the means to improve respect
for human rights), the greater the business responsibility to act.” OHCHR, UN Global Compact,
E-Learning, Module 2, http://www.unssc.org/web/hrb/details.asp?mod=2&sec=1&cur=1.
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