A/HRC/17/31
21.
In order to account for how they address their human rights impacts, business
enterprises should be prepared to communicate this externally, particularly when
concerns are raised by or on behalf of affected stakeholders. Business enterprises
whose operations or operating contexts pose risks of severe human rights impacts
should report formally on how they address them. In all instances, communications
should:
(a)
Be of a form and frequency that reflect an enterprise’s human rights
impacts and that are accessible to its intended audiences;
(b)
Provide information that is sufficient to evaluate the adequacy of an
enterprise’s response to the particular human rights impact involved;
(c)
In turn not pose risks to affected stakeholders, personnel or to legitimate
requirements of commercial confidentiality.
Commentary
The responsibility to respect human rights requires that business enterprises have in place
policies and processes through which they can both know and show that they respect
human rights in practice. Showing involves communication, providing a measure of
transparency and accountability to individuals or groups who may be impacted and to other
relevant stakeholders, including investors.
Communication can take a variety of forms, including in-person meetings, online
dialogues, consultation with affected stakeholders, and formal public reports. Formal
reporting is itself evolving, from traditional annual reports and corporate
responsibility/sustainability reports, to include on-line updates and integrated financial and
non-financial reports.
Formal reporting by enterprises is expected where risks of severe human rights impacts
exist, whether this is due to the nature of the business operations or operating contexts. The
reporting should cover topics and indicators concerning how enterprises identify and
address adverse impacts on human rights. Independent verification of human rights
reporting can strengthen its content and credibility. Sector-specific indicators can provide
helpful additional detail.
Remediation
22.
Where business enterprises identify that they have caused or contributed to adverse
impacts, they should provide for or cooperate in their remediation through legitimate
processes.
Commentary
Even with the best policies and practices, a business enterprise may cause or contribute to
an adverse human rights impact that it has not foreseen or been able to prevent.
Where a business enterprise identifies such a situation, whether through its human rights
due diligence process or other means, its responsibility to respect human rights requires
active engagement in remediation, by itself or in cooperation with other actors.
Operational-level grievance mechanisms for those potentially impacted by the business
enterprise’s activities can be one effective means of enabling remediation when they meet
certain core criteria, as set out in Principle 31.
Where adverse impacts have occurred that the business enterprise has not caused or
contributed to, but which are directly linked to its operations, products or services by a
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