A/HRC/29/18
actors, it would be important to involve the Working Group in shaping the strategic
approach of a new fund.
20.
Thirdly, the High Commissioner wishes to reiterate that there appears to be
broad agreement among all stakeholders that a new fund would be a useful
mechanism to advance the 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. Equally important, and as
noted in the conclusions to the feasibility study, is the broad consensus on the
importance of establishing appropriate safeguards for the legitimacy and
independence of any new funding arrangement in this area, including by ensuring full
transparency of donors and the allocation of resources to individual projects.
21.
Those points of consensus constitute a useful foundation upon which further
actions by the Council can be taken. However, there remains a diversity of views on
the priority actors and activities to be supported by a new fund, as well as the most
effective structure for ensuring maximum impact. With those aspects in mind, in
addition to the current financial challenges noted above, it would appear that a useful
next step would be to create the conditions for multi-stakeholder testing of how
capacity-building support in this area could be delivered in practice. Such a step
would encourage further dialogue and the collection of additional information,
including with respect to the degree of donor interest in supporting capacity-building
in this area on a more permanent basis.
22.
Given the above considerations, the High Commissioner recommends that the
Human Rights Council consider the following:
(a)
In order to further inform the Council’s decision on whether to create a
permanent mechanism to support stakeholder capacity for implementing the Guiding
Principles on Business and Human Rights, OHCHR should be requested to develop a
pilot project to test the viability of a capacity-building fund in this area. It should be
stressed, however, that a pilot project can only be implemented if sufficient resources,
to be determined by OHCHR, are received;
(b)
As part of the pilot project, OHCHR should be mandated, in
collaboration with the Working Group on human rights and transnational
corporations and other business enterprises and other relevant United Nations system
partners, to provide financial support, subject to available resources, for a
representative number of pilot capacity-building projects concerning implementation
of the Guiding Principles, and to report to the Council in three years on the findings
arising from and the lessons learned from the pilot project;
(c)
The High Commissioner should be invited to consult with a multistakeholder group of individuals and organizations representing all relevant
constituencies to provide OHCHR with strategic guidance during the pilot project,
including in the development of eligibility criteria for pilot capacity-building projects.
Such consultations could be initiated during the fourth annual Forum on Business and
Human Rights, to be held in November 2015 and to be organized in coordination with
the Working Group. Individuals and organizations involved in the consultations
should not have authority with respect to decision-making on which projects to
support or on matters relating to who can contribute or benefit from funding.
Equally, private and public donors to the pilot capacity-building projects should not
have a direct role in decisions concerning which projects to support, so as to avoid any
conflict of interest.
23.
Given the results of the consultations to date and the importance that all
partners have placed on the interrelated nature of the three pillars of the “Protect,
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