A/HRC/17/31
6.
The Framework rests on three pillars. The first is the State duty to protect against
human rights abuses by third parties, including business enterprises, through appropriate
policies, regulation, and adjudication. The second is the corporate responsibility to respect
human rights, which means that business enterprises should act with due diligence to avoid
infringing on the rights of others and to address adverse impacts with which they are
involved. The third is the need for greater access by victims to effective remedy, both
judicial and non-judicial. Each pillar is an essential component in an inter-related and
dynamic system of preventative and remedial measures: the State duty to protect because it
lies at the very core of the international human rights regime; the corporate responsibility to
respect because it is the basic expectation society has of business in relation to human
rights; and access to remedy because even the most concerted efforts cannot prevent all
abuse.
7.
Beyond the Human Rights Council, the Framework has been endorsed or employed
by individual Governments, business enterprises and associations, civil society and
workers’ organizations, national human rights institutions, and investors. It has been drawn
upon by such multilateral institutions as the International Organization for Standardization
and the Organization for Economic Cooperation and Development in developing their own
initiatives in the business and human rights domain. Other United Nations special
procedures have invoked it extensively.
8.
Apart from the Framework’s intrinsic utility, the large number and inclusive
character of stakeholder consultations convened by and for the mandate no doubt have
contributed to its widespread positive reception. Indeed, by January 2011 the mandate had
held 47 international consultations, on all continents, and the Special Representative and his
team had made site visits to business operations and their local stakeholders in more than
20 countries.
9.
In its resolution 8/7, welcoming the “Protect, Respect and Remedy” Framework, the
Council also extended the Special Representative’s mandate until June 2011, asking him to
“operationalize” the Framework – at is, to provide concrete and practical recommendations
for its implementation. This constitutes the mandate’s third phase. During the interactive
dialogue at the Council’s June 2010 session, delegations agreed that the recommendations
should take the form of “Guiding Principles”; these are annexed to this report.
10.
The Council asked the Special Representative, in developing the Guiding Principles,
to proceed in the same research-based and consultative manner that had characterized his
mandate all along. Thus, the Guiding Principles are informed by extensive discussions with
all stakeholder groups, including Governments, business enterprises and associations,
individuals and communities directly affected by the activities of enterprises in various
parts of the world, civil society, and experts in the many areas of law and policy that the
Guiding Principles touch upon.
11.
Some of the Guiding Principles have been road-tested as well. For example, those
elaborating effectiveness criteria for non-judicial grievance mechanisms involving business
enterprises and communities in which they operate were piloted in five different sectors,
each in a different country. The workability of the Guiding Principles’ human rights duediligence provisions was tested internally by 10 companies, and was the subject of detailed
discussions with corporate law professionals from more than 20 countries with expertise in
over 40 jurisdictions. The Guiding Principles addressing how Governments should help
companies avoid getting drawn into the kinds of human rights abuses that all too often
occur in conflict-affected areas emerged from off-the-record, scenario-based workshops
with officials from a cross-section of States that had practical experience in dealing with
these challenges. In short, the Guiding Principles aim not only to provide guidance that is
practical, but also guidance informed by actual practice.
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents