A/HRC/30/40 B. Responsibilities of businesses 78. Businesses have a responsibility to respect human rights. The Guiding Principles on Business and Human Rights elaborate on existing standards and practices for States and businesses.55 Businesses have a responsibility to respect, at a minimum, all internationally recognized human rights. 79. Under the Dubai Declaration on International Chemicals Management, chemical manufacturers and other industries committed themselves “to respecting human rights and fundamental freedoms”,56 which includes the right to information. 80. Virtually every industry and business sector is linked to the production, use, release or disposal of hazardous substances and wastes up and down the value chain. The failure of governments to require a minimum level of health and safety information on industrial chemicals introduced into the flow of commerce has exposed downstream businesses to numerous risks from selling products containing hazardous substances, including the potential for substantial legal liability and reputational risks, as well as the costs of clean-up and other necessary protection measures. 81. In order to meet their responsibility to respect human rights, businesses should have a policy commitment to respect human rights, a process for human rights due diligence, and a process to enable an effective remedy for human rights impacts they cause or to which they contribute.57 82. Information-related obstacles are one of the most significant challenges confronting victims who seek an effective remedy for human rights violations they suffer from hazardous substances and wastes. In performing human rights due diligence, businesses should identify, prevent, mitigate and account for how they address their adverse human rights impacts.58 The concept of human rights due diligence requires more than compliance with existing laws for hazardous substances and wastes. The due diligence process should include, inter alia, assessments of actual and potential impacts and communicating information about how actual and potential impacts are mitigated and addressed. 59 1. To identify and assess adverse impacts 83. When conducting due diligence, businesses should identify and assess actual and potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships.60 84. A fundamental challenge for all businesses is that “understanding of health impacts of [hazardous substances] remains limited”.61 This is a crucial element relevant to all businesses in order to ensure they are carrying out their due diligence process. For substances where hazards are understood, ensuring that these substances are used safely is another substantial challenge for businesses. 85. Consensus has grown that greater responsibility should lie with businesses to make information available about the risks and impacts of hazardous substances. In 2006, States 55 56 57 58 59 60 61 18 United Nations, Guiding Principles on Business and Human Rights (2011). Dubai Declaration on International Chemicals Management, para. 10. Guiding Principle 15. Guiding Principle 17. Guiding Principle 17. Guiding Principles 18. Joint EEA-JRC report (see footnote 6 above), p. 21.