A/HRC/17/31
business relationship, the responsibility to respect human rights does not require that the
enterprise itself provide for remediation, though it may take a role in doing so.
Some situations, in particular where crimes are alleged, typically will require cooperation
with judicial mechanisms.
Further guidance on mechanisms through which remediation may be sought, including
where allegations of adverse human rights impacts are contested, is included in Chapter III
on access to remedy.
Issues of context
23.
In all contexts, business enterprises should:
(a)
Comply with all applicable laws and respect internationally recognized
human rights, wherever they operate;
(b)
Seek ways to honour the principles of internationally recognized human
rights when faced with conflicting requirements;
(c)
Treat the risk of causing or contributing to gross human rights abuses as
a legal compliance issue wherever they operate.
Commentary
Although particular country and local contexts may affect the human rights risks of an
enterprise’s activities and business relationships, all business enterprises have the same
responsibility to respect human rights wherever they operate. Where the domestic context
renders it impossible to meet this responsibility fully, business enterprises are expected to
respect the principles of internationally recognized human rights to the greatest extent
possible in the circumstances, and to be able to demonstrate their efforts in this regard.
Some operating environments, such as conflict-affected areas, may increase the risks of
enterprises being complicit in gross human rights abuses committed by other actors
(security forces, for example). Business enterprises should treat this risk as a legal
compliance issue, given the expanding web of potential corporate legal liability arising
from extraterritorial civil claims, and from the incorporation of the provisions of the Rome
Statute of the International Criminal Court in jurisdictions that provide for corporate
criminal responsibility. In addition, corporate directors, officers and employees may be
subject to individual liability for acts that amount to gross human rights abuses.
In complex contexts such as these, business enterprises should ensure that they do not
exacerbate the situation. In assessing how best to respond, they will often be well advised
to draw on not only expertise and cross-functional consultation within the enterprise, but
also to consult externally with credible, independent experts, including from governments,
civil society, national human rights institutions and relevant multi-stakeholder initiatives.
24.
Where it is necessary to prioritize actions to address actual and potential adverse
human rights impacts, business enterprises should first seek to prevent and mitigate
those that are most severe or where delayed response would make them irremediable.
Commentary
While business enterprises should address all their adverse human rights impacts, it may
not always be possible to address them simultaneously. In the absence of specific legal
guidance, if prioritization is necessary business enterprises should begin with those human
rights impacts that would be most severe, recognizing that a delayed response may affect
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