A/HRC/42/CRP.3
if they have not contributed to those impacts. 66 The Guiding Principles instruct businesses to
meet these responsibilities through policy commitments, due diligence and remediation for
adverse human rights impacts they cause or contribute to.67
38.
Industry-specific guidance has been developed to implement the Guiding Principles.
The European Commission guidance on implementing the Guiding Principles in the
information and communications technology sector highlights the importance of human
rights due diligence, particularly in high-risk contexts characterized by active or latent
conflict, systematic disregard for human rights in law or in practice and pervasive
corruption.68 The guidance specifically addresses companies providing telecommunications
services, web or cloud-based platforms, devices, components and software. It gives examples
of how due diligence processes can lead to companies declining sales to “at risk” countries. 69
39.
The Human Rights Council confirmed the importance of applying the Guiding
Principles in Myanmar in resolution 40/L.19 (2019), which encouraged “all business
enterprises, including transnational corporations and domestic enterprises, to respect human
rights in accordance with the Guiding Principles on Business and Human Rights”.
40.
The Organisation for Economic Co-operation and Development (OECD) also
emphasizes the importance of businesses putting in place policies and procedures that, on a
continuing basis, proactively and reactively, ensure businesses do not contribute to human
rights violations and other risks in countries such as Myanmar.70 This is especially relevant
for Myanmar’s extractive industries, particularly the jade and ruby mining industry. The
OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from ConflictAffected and High-Risk Areas (Due Diligence Guidance) provides a five point due diligence
framework that urges companies to establish strong company management systems that can
implement and communicate due diligence policies and procedures; identify and assess risk
in the supply chain; design and implement a strategy to respond to identified risks; carry out
independent third-party audit of supply chain due diligence at identified points in the supply
chain; and publicly report on supply chain due diligence.71 The Due Diligence Guidance
recommends specifically that businesses evaluate whether there are any forms of torture or
cruel, inhuman and degrading treatment imposed for the purposes of mineral extraction; any
forms of forced or compulsory labour; child labour; other gross human rights violations and
abuses, such as widespread sexual violence on mine sites or in the course of mineral
extraction; war crimes or other serious violations of international humanitarian law, crimes
against humanity or genocide.72 In a different context, the UN Security Council confirmed
the importance of due diligence when it endorsed recommendations designed to be consistent
with the OECD Due Diligence Guidance.73
66
67
68
69
70
71
72
73
Principle 11 and 13, Guiding Principles on Business and Human Rights.
Principle 11 and 15, Guiding Principles on Business and Human Rights.
See European Commission, ICT Sector Guide on Implementing the UN Guiding Principles on
Business and Human Rights (Luxembourg, 2013), pg. 30-31.
European Commission, ICT Sector Guide on Implementing the UN Guiding Principles on Business
and Human Rights (Luxembourg, 2013), pg. 30-31.
OECD (2016), “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from
Conflict-Affected and High-Risk Areas: Third Edition,” OECD Publishing, Paris.
(http://dx.doi.org/10.1787/9789264252479-en); See also OECD, “OECD Due Diligence Guidance for
Responsible Business Conduct”, 2018 (http://mneguidelines.oecd.org/OECD-Due-DiligenceGuidance-for-Responsible-Business-Conduct.pdf).
OECD (2016), “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from
Conflict-Affected and High-Risk Areas: Third Edition,” OECD Publishing, Paris.
(http://dx.doi.org/10.1787/9789264252479-en), Annex I: Five-Step Framework for Risk-Based Due
Diligence in the Mineral Supply Chain.
OECD (2016), “OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from
Conflict-Affected and High-Risk Areas: Third Edition,” OECD Publishing, Paris.
(http://dx.doi.org/10.1787/9789264252479-en), Appendix I: Guiding Note for Upstream Company
Risk Assessment.
The Due Diligence Guidance explains “The United Nations Security Council resolution 1952 (2010)
[S/RES/1952(2010)] supported taking forward the due diligence recommendations contained in the
final report of the United Nations Group of Experts on the Democratic Republic of the Congo,
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