A/HRC/17/31
Given these risks, States should encourage and, where appropriate, require human rights
due diligence by the agencies themselves and by those business enterprises or projects
receiving their support. A requirement for human rights due diligence is most likely to be
appropriate where the nature of business operations or operating contexts pose significant
risk to human rights.
5.
States should exercise adequate oversight in order to meet their international human
rights obligations when they contract with, or legislate for, business enterprises to
provide services that may impact upon the enjoyment of human rights.
Commentary
States do not relinquish their international human rights law obligations when they privatize
the delivery of services that may impact upon the enjoyment of human rights. Failure by
States to ensure that business enterprises performing such services operate in a manner
consistent with the State’s human rights obligations may entail both reputational and legal
consequences for the State itself. As a necessary step, the relevant service contracts or
enabling legislation should clarify the State’s expectations that these enterprises respect
human rights. States should ensure that they can effectively oversee the enterprises’
activities, including through the provision of adequate independent monitoring and
accountability mechanisms.
6.
States should promote respect for human rights by business enterprises with which
they conduct commercial transactions.
Commentary
States conduct a variety of commercial transactions with business enterprises, not least
through their procurement activities. This provides States – individually and collectively –
with unique opportunities to promote awareness of and respect for human rights by those
enterprises, including through the terms of contracts, with due regard to States’ relevant
obligations under national and international law.
Supporting business respect for human rights in conflict-affected areas
7.
Because the risk of gross human rights abuses is heightened in conflict-affected areas,
States should help ensure that business enterprises operating in those contexts are not
involved with such abuses, including by:
(a)
Engaging at the earliest stage possible with business enterprises to help
them identify, prevent and mitigate the human rights-related risks of their activities
and business relationships;
(b)
Providing adequate assistance to business enterprises to assess and
address the heightened risks of abuses, paying special attention to both gender-based
and sexual violence;
(c)
Denying access to public support and services for a business enterprise
that is involved with gross human rights abuses and refuses to cooperate in addressing
the situation;
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