A/HRC/4/99
page 18
VI. CONCLUDING REMARKS
63.
The Special Representative noted the impact of the deepening and expansion of capital
markets and the complexity of human rights issues that have arisen thereby. One result is that
financial institutions have emerged at the forefront of debate over human rights and the role of
the private sector. The Special Representative said if the Human Rights Council agreed to
extend his mandate by one year, he would continue to study private and public financial
institutions, including export credit agencies. He highlighted the fact that he has submitted a
report to the Human Rights Council specifically on human rights impact assessments, and
summarized his view on HRIAs by suggesting that ESIAs have an “inside-out” perspective in
which a company tried to figure out its impacts, whereas an HRIA starts with the rights of people
and communities and relates these to proposed corporate activity. But at this point, he
suggested, the distinction is largely hypothetical, as almost no companies have conducted fully
fledged HRIAs and only one has made public even a summary of such an assessment. Very little
is known about how these work on the ground. He also stressed the importance of moving past
the voluntary vs. mandatory debate, and instead continuing to examine the nature of the
commitments that companies make and holding them to account for those commitments. On an
operational basis, the concept of corporate spheres of influence cannot be disentangled from
State duties, because the corporate sphere expands by default when States fail to fulfil their
duties, potentially leading to strategic gaming by States, which we must resist. This critical
nexus requires greater attention, he concluded. Finally, the Special Representative suggested
that if his mandate is extended, he would return to many of the participants for recommendations
and support.
64.
Ibrahim Wani thanked all participants on behalf of the High Commissioner, and closed
the consultation.
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