A/HRC/17/31
human rights agenda, aimed at ensuring both vertical and horizontal domestic policy
coherence.
Vertical policy coherence entails States having the necessary policies, laws and processes to
implement their international human rights law obligations. Horizontal policy coherence
means supporting and equipping departments and agencies, at both the national and subnational levels, that shape business practices – including those responsible for corporate
law and securities regulation, investment, export credit and insurance, trade and labour –
to be informed of and act in a manner compatible with the Governments’ human rights
obligations.
9.
States should maintain adequate domestic policy space to meet their human rights
obligations when pursuing business-related policy objectives with other States or
business enterprises, for instance through investment treaties or contracts.
Commentary
Economic agreements concluded by States, either with other States or with business
enterprises – such as bilateral investment treaties, free-trade agreements or contracts for
investment projects – create economic opportunities for States. But they can also affect the
domestic policy space of governments. For example, the terms of international investment
agreements may constrain States from fully implementing new human rights legislation, or
put them at risk of binding international arbitration if they do so. Therefore, States should
ensure that they retain adequate policy and regulatory ability to protect human rights under
the terms of such agreements, while providing the necessary investor protection.
10.
States, when acting as members of multilateral institutions that deal with businessrelated issues, should:
(a)
Seek to ensure that those institutions neither restrain the ability of their
member States to meet their duty to protect nor hinder business enterprises from
respecting human rights;
(b)
Encourage those institutions, within their respective mandates and
capacities, to promote business respect for human rights and, where requested, to help
States meet their duty to protect against human rights abuse by business enterprises,
including through technical assistance, capacity-building and awareness-raising;
(c)
Draw on these Guiding Principles to promote shared understanding and
advance international cooperation in the management of business and human rights
challenges.
Commentary
Greater policy coherence is also needed at the international level, including where States
participate in multilateral institutions that deal with business-related issues, such as
international trade and financial institutions. States retain their international human rights
law obligations when they participate in such institutions.
Capacity-building and awareness-raising through such institutions can play a vital role in
helping all States to fulfil their duty to protect, including by enabling the sharing of
information about challenges and best practices, thus promoting more consistent
approaches.
Collective action through multilateral institutions can help States level the playing field
with regard to business respect for human rights, but it should do so by raising the
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