A/HRC/26/20
specifically in relation to development coordination, alignment of policies and procedures,
and the post-2015 development framework.
8.
A key finding in the 2012 report of the Secretary-General was that the lack of
capacity of stakeholders at all levels is a significant obstacle to advancing the business and
human rights agenda and implementing the Guiding Principles (A/HRC/21/21 and Corr.1,
para. 62). In its resolution 21/5, the Council requested the Secretary-General to undertake a
study of the feasibility of establishing a global fund to enhance the capacity of stakeholders
to implement the business and human rights agenda. The second part of the present report
presents the findings and recommendations from that study.
II. Background and context
9.
The Guiding Principles on Business and Human Rights do not create any new legal
obligations. Instead, they clarify and elaborate on the implications of existing standards,
including the obligations of States under international human rights law with respect to
preventing, mitigating and remediating adverse human rights impacts related to business
activities. The Guiding Principles comprise three pillars: the State duty to protect human
rights against infringements of human rights by third parties, including business enterprises;
the corporate responsibility to respect human rights; and access to effective remedy for
victims of business-related human rights abuses.
10.
The Guiding Principles must be implemented comprehensively by both States and
business enterprises in order to be given proper effect. That requires dedicated efforts at the
level of individual States and business enterprises, appropriate to their particular
circumstances. However, other international and domestic actors also have important roles
in supporting implementation through awareness-raising, capacity-building, advocacy, tools
development, and standard and policy development in line with the Guiding Principles and
in accordance with their respective mandates. International and regional organizations
involved in standard-setting in areas such as trade, investment, development, corporate
transparency and reporting have particularly important roles to play.
11.
Human rights, together with development and peace and security, form one of the
three pillars of the United Nations and, as stated by the Secretary-General, the United
Nations must play its part, together with other actors, in bridging the gaps between the
scope and impact of economic actors and the capacity of societies to manage their adverse
impacts (A/HRC/21/21 and Corr.1, para. 1). Many of the entities, agencies, funds and
specialized programmes of the United Nations either work directly with business
enterprises or in ways that impact the activities of economic actors. Increasingly, business
is also seen as a partner in tackling global development challenges.
12.
When the Council endorsed the Guiding Principles in its resolution 17/4, it also
decided to establish the Working Group on the issue of human rights and transnational
corporations and other business enterprises, consisting of five independent experts. The
Working Group has engaged in outreach to United Nations entities, international and
regional organizations, States, business organizations, civil society, trade unions, national
human rights institutions and other actors to disseminate and advocate for the
implementation of the Guiding Principles.3 The Working Group has also engaged in
projects with international and local partners to advance the business and human rights
3
4
See reports of the Working Group on the issue of human rights and transnational corporations and
other business enterprises, available from www.ohchr.org/EN/Issues/Business/Pages/Reports.aspx.
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