A/HRC/44/43/Add.2
B.
Company grievance mechanisms
90.
The Working Group found little evidence of businesses, in line with the Guiding
Principles, establishing or operating effective operational-level grievance mechanisms for
affected individuals and communities.
91.
Companies have a responsibility to provide a trustworthy and effective mechanism
for registering and addressing complaints, grievances and concerns of any adverse impact on
human rights at an early stage. In other contexts, businesses have had to turn to independent
institutions and third parties to provide such mechanisms, given the lack of trust that
individuals have in company-driven mechanisms.
VIII. Role of the private sector in ensuring respect for human
rights
92.
In meetings with companies and major business associations, such as the Honduran
National Business Council, the National Manufacturers’ Association (ANDI) and the Cortés
Chamber of Commerce and Industry, the Working Group noted that each had taken steps to
disseminate the Guiding Principles among their members, larger and small- and mediumsized enterprises alike, in the form of training and the publication of guide books. The
Working Group also positively noted that the business community recognizes that human
rights due diligence – to identify negative impacts of their business operations, whether in
mining or other projects, or in value/supply chains – allows them to prevent, account and
mitigate any harm caused more effectively.
93.
At the same time, the Working Group noted with concern how many businesses relied
on compliance with national legal requirements (such as for obtaining permits or
concessions) as the key factor driving their right to operate in a given community or area.
Given that the regulatory and institutional framework to protect against business-related
human rights abuses is weak, adherence to the law does not necessarily earn a company the
consent and trust of the local community, which is as important as obtaining a licence.
Aligning business operations with international practices of human rights due diligence and
meaningful consultation under the Guiding Principles is a necessary and good practice, which
in turn builds the confidence of civil society in business activities, and avoids the significant
social and economic costs of prolonged social conflict.
94.
The Working Group commends the Honduran National Business Council for
announcing on 20 January 2020 its policy on business and human rights,28 which was
developed with the technical assistance of the Ministry of Human Rights. The policy was
adopted at the highest level of the Council’s leadership, as required by Guiding Principle16,
in the presence of high-level representatives of State institutions, the diplomatic community
and international human rights bodies. The commitments undertaken include promotion of
respect for human rights, responsible business conduct and anti-corruption practices among
its members and the business community; raising awareness through the training of member
organizations on the integration of due diligence processes into business practices, and on
access to remedy measures. The policy also includes a commitment to report and
communicate on progress made. The Working Group also took note the national action plan
on business and human rights launched by the National Manufacturers’ Association (ANDI)
on 5 March 2020.
95.
In the light of the general nature and broad scope of these policies, the Working Group
recommends that the Honduran National Business Council and the National Manufacturers’
Association take appropriate measures to translate their commitments into effective
mechanisms at the company level to identify, prevent, mitigate and account for the negative
impact on human rights that businesses may cause. For these mechanisms to be effective,
they should benefit from the inputs of the communities concerned.
28
16
http://cohep.com/?smd_process_download=1&download_id=8388.
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