A/HRC/44/43/Add.2
96.
The Working Group was pleased to learn that, on 11 February 2020, the Honduran
National Business Council and the Honduras Foundation for Social Corporate Responsibility
(FUNDHARSE) signed a memorandum of understanding to establish a technical committee
on the creation of a local Global Compact network.
97.
The Working Group hopes that the above initiatives will encourage other business
associations and businesses to take their responsibility under the Guiding Principles seriously
and to contribute to the State’s efforts to ensure that business and investment do not come at
the cost of human rights and the environment. In achieving that goal, the Working Group
urges businesses to see human rights defenders not as enemies but as constructive, valuable
partners who have knowledge of local conditions, can provide information on the potential
impact of projects, and help foreign companies and investors to understand the local context.
98.
The Working Group notes that other stakeholders, including international and regional
development finance institutions and commercial banks, play an important role. They can
exercise leverage by requiring that the companies in which they invest uphold human rights
standards in their business practices; this includes, for example, ensuring that environmental
and social impact studies of projects they finance are firmly grounded in international human
rights standards.
99.
The Working Group also emphasizes the role of third States when their companies
invest in Honduras. Guiding principle 4 requires States to impose human rights due diligence
as a precondition for providing their support, where the nature of business operations or
operating context pose significant risk to human rights.29
IX. Development of a national action plan on business and
human rights
100. At its review during the second cycle of the universal periodic review, in July 2015,
Honduras accepted a recommendation on developing a national action plan on business and
human rights (A/HRC/30/11). The Working Group welcomes this commitment and
commends the leadership of the Ministry of Human Rights in this context.
101. The Working Group also positively notes that the Government of Honduras shares its
views regarding the need to proceed cautiously and slowly in the process of developing a
national action plan. Before developing it, the Government has to begin by ensuring an
enabling environment for multi-stakeholder engagement. This includes the recognition that
building trust among all stakeholders represents a precondition for such engagement, and will
take time. The political will for ensuring meaningful step-by-step engagement in the process
should be demonstrated by concrete actions. The approval of a consultation law in accordance
with international standards for building trust with indigenous communities and other civil
society actors is a case in point.
102. Transparency and inclusiveness at every step of the national action plan process is
essential. Also, the Government should fully acknowledge that some of the key actors in this
process continue to be systematically criminalized and face violence in social conflicts where
businesses are involved, and should take concrete measures to address these issues to rebuild
trust.
X. Conclusions and recommendations
A.
Conclusions
103. A central issue observed by the Working Group was the lack of a robust legal
and policy framework to protect against business-related human rights abuses, in a
context in which development projects and investments appear to have outpaced
protection of people and the environment. The lack of accountability and access to
29
See A/HRC/17/31, p. 9, commentary to guiding principle 4. See also A/HRC/38/48.
17
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