A/HRC/42/CRP.3
environmental safety standards”. The resolution also urged the Government to develop
inclusive policies for natural resource management and benefit sharing through including
relevant stakeholders and affected populations.19 The UN Special Rapporteur on the situation
of human rights in Myanmar has noted that Myanmar, as a party to the International Covenant
on Economic, Social and Cultural Rights, should refrain from entering into trade and
investment treaties where the Government’s actions in relation to fulfilling an investment
agreement would lead to human rights abuses, such as forced relocation and inadequate
resettlement.20 The obligations of States to respect and protect economic, social and cultural
rights that are most relevant to the acts of the Tatmadaw documented in this report include
the prohibition on forced labour21 and arbitrary or unlawful deprivation of wages.22
21.
In further elaboration of the obligations that human rights law places on States to
regulate companies, the UN Guiding Principles on Business and Human Rights:
Implementing the United Nations “Protect, Respect and Remedy” Framework (Guiding
Principles) instruct States to “protect against human rights abuse within their territory and/or
jurisdiction by third parties, including business enterprises. This requires taking appropriate
steps to prevent, investigate, punish and redress such abuse through effective policies,
legislation, regulations and adjudication.” 23 States should also “set out clearly the expectation
that all business enterprises domiciled in their territory and/or jurisdiction respect human
rights throughout their operations”.24 The Guiding Principles should be implemented in a
non-discriminatory manner, with particular attention to the rights and needs of groups that
may be at heightened risk of becoming vulnerable or marginalized, and with due regard to
gender-based risks.25
22.
In meeting their duty to protect human rights, the Guiding Principles explain further
that States should, inter alia: enforce laws that are aimed at, or have the effect of, requiring
business enterprises to respect human rights, and periodically assess the adequacy of such
laws and address any gaps; provide effective guidance to business enterprises on how to
respect human rights throughout their operations; and encourage and, where appropriate,
require business enterprises to communicate how they address their human rights impacts. 26
23.
The Guiding Principles call on States to take additional measures to protect against
human rights abuses by their own State-owned or controlled enterprises or those that receive
substantial support and services from State agencies, such as requiring human rights due
diligence.27 When they contract with, or legislate for, business enterprises to provide services
that may impact upon the enjoyment of human rights, the Guiding Principles call on States
to exercise adequate oversight in order to meet their international human rights obligations. 28
24.
In recognition of the heightened risk of human rights abuses occurring in the context
of conflict areas, the Guiding Principles emphasise that States should “help ensure that
business enterprises operating in those contexts are not involved with such abuses”. The
Guiding Principles provide several measures for doing this, including: “(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; (d) Ensuring that their
19
20
21
22
23
24
25
26
27
28
A/HRC/40/L.19, paragraphs 24-25.
Report of the Special Rapporteur on the situation of human rights in Myanmar, A/HRC/40/68, 5
March 2019, paragraph 15.
International Covenant on Economic, Social and Cultural Rights, Article 6.
International Covenant on Economic, Social and Cultural Rights, Article 7.
Principle 1, Guiding Principles on Business and Human Rights: Implementing the United Nations
“Protect, Respect and Remedy” Framework, Office of the High Commissioner for Human Rights.
Principle 2, Guiding Principles on Business and Human Rights.
General Principles of the Guiding Principles on Business and Human Rights.
Principle 3, Guiding Principles on Business and Human Rights.
Principle 4, Guiding Principles on Business and Human Rights.
Principle 5, Guiding Principles on Business and Human Rights.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents