A/HRC/29/18
I. Introduction
1.
In its resolution 21/5, the Human Rights Council recognized the importance of
building the capacity of all actors to better manage challenges in the area of business and
human rights and requested the Secretary-General to undertake a study to explore the
feasibility of establishing a global fund to enhance the capacity of stakeholders to advance
the implementation of the Guiding Principles on Business and Human Rights.
2.
The main findings of the feasibility study were included in the report of the
Secretary-General on the challenges, strategies and developments with regard to the
implementation of resolution 21/5 by the United Nations system, including programmes,
funds and agencies (see A/HRC/26/20, paras. 61–80). As a result of the consultations
undertaken for the feasibility study, it was found that there was broad consensus among
Governments and business and civil society representatives on a new fund to support the
implementation of the Guiding Principles and that such a fund would be a useful
mechanism.
3.
In its resolution 26/22, the Council welcomed the report of the Secretary-General
and requested the United Nations High Commissioner for Human Rights to consult with
States and relevant stakeholders to develop concrete options and proposals to inform a
decision on whether to create such a fund, and to submit a report thereon to the Council at
its twenty-ninth session. The present report was prepared pursuant to that request and
should be read in conjunction with the feasibility study (A/HRC/26/20/Add.1). In the
preparation of the present report, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) invited all Member States and relevant stakeholders to provide
views and recommendations on possible options for a new capacity-building fund to
advance the implementation of the Guiding Principles. OHCHR also presented an overview
of responses received and discussed potential options for next steps at an informal
consultation with Member States on 9 April 2015.
4.
With respect to the scope of a potential fund, OHCHR requested stakeholders to
provide views on the relative importance of initial priorities identified in the first round of
consultations, including on: (a) providing support to civil society, human rights defenders
and organizations that assist those whose human rights are affected by business activities to
build their capacity to advocate effectively at the international, national and local levels and
to assist victims in accessing remedy; (b) providing support to States with limited capacity
to implement the Guiding Principles, including, for example, by supporting government
processes to develop national action plans on business and human rights; and (c) providing
support to civil society, business networks, trade unions, think tanks, national human rights
institutions and other organizations that conduct awareness-raising and training activities.
5.
On the matter of the potential structure of a new fund, OHCHR requested views on
options that could most effectively advance implementation and meet capacity-building
needs concerning the Guiding Principles at all levels of governance and across all relevant
stakeholder groups, as recommended in the feasibility study. Fund models for consideration
could include: (a) a structure similar to other voluntary trust funds on human rights issues to
be administered by the Secretary-General, with OHCHR providing secretariat services,
including by pre-screening applications, monitoring and evaluating the use of grants and
providing support to the board of trustees; (b) a multi-party trust fund structure with a
policy body comprising national authorities from different regions, OHCHR and other
relevant United Nations agencies, to set priorities and take decisions on grants to be
awarded and administered through the Multi-Partner Trust Fund Office of the United
Nations Development Programme; and (c) establishment of a legally independent
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