A/HRC/29/28
human rights; (b) the importance of greater transparency in international investment
arbitration where human rights issues are at stake; and (c) how provisions in bilateral
investment treaties may constrain States’ ability to adopt legitimate policy reforms,
including for human rights.17 Since then, further initiatives have emerged, building on his
work, as highlighted in the following sections.
1.
Promoting responsible contracts
20.
The work of the Special Representative highlighted State-investor contracts as a key
area in which the Guiding Principles could add significant value. It led to the development
of the principles for responsible contracts (A/HRC/17/31/Add.3).
21.
The Working Group, together with the Office of the High Commissioner for Human
Rights (OHCHR), is actively disseminating the principles for responsible contracts and the
training developed by OHCHR on those principles,18 as tools for government negotiators,
parliamentarians, commercial negotiators and civil society to help ensure the integration of
the management of human rights risks into the negotiation of State-investor contracts.
22.
The principles for responsible contracts are increasingly being used to inform
technical advice in the context of investment contract negotiations for better management
of stakeholder-related risks. More work needs to be done to explore practices and promote
further uptake. The Working Group would like to encourage relevant stakeholders to
identify examples of how the principles have been applied and how they work in leveraging
better practices. In particular, it calls for more work to be done, including on the technical
details, by relevant parties such as law societies, law committees, business associations and
groups of companies dealing with these issues, and negotiator communities such as the
Association of International Petroleum Negotiators, as well as government experts.
2.
Investment policy and global value chains
23.
One of the principal global multi-stakeholder platforms for discussions on
investment policies and practice is the United Nations Conference on Trade and
Development (UNCTAD) World Investment Forum, which involves Governments,
businesses, civil society and academic experts. At the World Investment Forum 2012, the
investment policy framework for sustainable development was launched. It consists of a set
of core principles for investment policymaking, guidelines for national investment policies,
and guidance for policymakers on how to engage in the international investment policy
regime. The framework refers to the Guiding Principles in the context of encouraging
investors to comply with internationally recognized standards and to carry out corporate
due diligence.19
24.
To catalyse further discussion on how to integrate concern for human rights into
investment policy, UNCTAD and OHCHR, together with the London School of Economics
Investment and Human Rights Project, organized two panel discussions on investment and
human rights at the 2014 World Investment Forum. The panels reflected on the integration
of human rights into government investment policymaking and efforts by United Nations
organizations to support such integration. An example is UNCTAD guidance to States on
the investment policy framework for sustainable development and the opportunities it offers
17
A catalogue of some of this work is available from http://business-humanrights.org/en/specialrepresentative/un-secretary-generals-special-representative-on-business-human-rights/
materials-by-topic/investment.
18
Available from www.ohchr.org/EN/Issues/Business/Pages/trainingmodules.aspx.
19
http://unctad.org/en/PublicationsLibrary/diaepcb2012d5_en.pdf.
7
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