A/HRC/26/20
projects was also widely highlighted as being key to establishing and maintaining a fund’s
legitimacy and independence.
75.
Several different funding governance models were suggested. To avoid potential
conflicts of interest involving individual donors, some stakeholders favoured a model
whereby governance and resource allocation would be completely independent from donors
to a fund. Other stakeholders suggested that involving donors more directly was necessary,
both to attract donations, in particular from the private sector, and to ensure effective
decision-making and long-term impact. Some suggested that all contributions should be
non-earmarked to prevent the necessity of limiting the percentage of overall funding from
any individual donor. Others suggested that further consideration should be given to the
possibility of earmarked funding given the potential for attracting more donors to specific
aspects of a fund’s mandated activities.
76.
With respect to the issue of donors providing resources for a fund in addition to their
commitments in other areas, some stakeholders suggested that competition for limited
resources was inevitable and therefore not a matter for further discussion. Others proposed
that more consultation was needed in order to determine the extent to which significant
additional financial resources could be secured to support a new fund. From that viewpoint,
it was stressed that resources for a fund focused on the implementation of the Guiding
Principles should not jeopardize the maintenance of existing funding levels for ongoing
human rights activities in other areas. The diversity of views of stakeholders on that issue
indicates that more consultation is needed to clarify outstanding questions relating to
funding sources.
77.
As the Council moves forward in its deliberations, it is noteworthy that there appears
to be broad agreement among stakeholders that a new fund would be a useful mechanism to
advance implementation of the Guiding Principles and that such a fund should be able to
accept financial contributions from any actor, including States, businesses, philanthropic
organizations and individuals. There is also broad agreement on the importance of ensuring
full transparency of donors and allocation of resources to individual projects as key to
establishing and maintaining a fund’s legitimacy and independence.
78.
However, as the consultation process has indicated, there remains a diversity of
views on a number of core issues, such as the desirable scope of a potential fund’s mandate,
criteria for eligibility and governance models, which can only be resolved through further
study and multi-stakeholder dialogue.
79.
More focused dialogue involving all actors is needed in order to make progress. It is
therefore recommended that the High Commissioner for Human Rights lead a multistakeholder consultation process, with the aim of developing further recommendations
concerning the establishment of a new fund on implementation of the Guiding Principles.
80.
The process should involve all relevant stakeholder groups, including
representatives of Governments, the private sector, civil society and grass-roots
organizations and the Working Group and other relevant experts from within and outside
the United Nations system. The experience of existing United Nations trust funds, publicprivate partnerships and other funding models administered through multi-stakeholder
governance structures should inform the process. Existing venues for consultation, such as
the Forum on Business and Human Rights, should be utilized to test preliminary proposals
with a broad stakeholder base.
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