A/HRC/29/18
fund. One State suggested that a public-private partnership model, supported by oversight
from international human rights bodies or expert teams, could be more flexible, encourage
multi-stakeholder cooperation and effectively manage the fund. Another State favoured a
structure wherein governance would be provided by involving national authorities from all
regions, as well as OHCHR and other United Nations bodies.
15.
Civil society representatives suggested that a board of trustees on which rights
holders would be represented and that would be administered by OHCHR would be most
appropriate for a new fund in the area of business and human rights. In a joint civil society
submission, it was noted that experience with existing funds, such as the United Nations
Voluntary Fund for Indigenous Peoples, indicated that fund governance should, in this case,
focus on: (a) establishing a procedure for the selection of the members of a board of
trustees to ensure familiarity with potential applicants within their constituency, while
safeguarding the independence of collective decision-making on grant approvals; (b)
developing and publishing eligibility criteria on who may seek support through the new
fund — in that context, it was suggested that organizations and groups, in particular
indigenous peoples, should not be required to be legally registered in their countries of
origin in order to obtain funds; and (c) ensuring that an effective pre-screening procedure is
in place to review the legitimacy and past performance of eligible organizations.
16.
One civil society stressed the importance of establishing a governance structure that
would help secure local and multi-stakeholder support for fund-related activities. It was
suggested, in that context, that an independent organization with a multi-stakeholder board
responsible for setting priorities, awarding grants, and overseeing and monitoring
programme implementation would represent the structure most likely to effectively advance
implementation and meet capacity-building needs concerning the Guiding Principles at all
levels of governance and across all relevant stakeholder groups.
III. Conclusion and recommendations
17.
In the light of the foregoing summary of stakeholder views, the High
Commissioner provides the following conclusion and makes recommendations on the
next steps to be considered by the Human Rights Council during its twenty-ninth
session.
18.
Firstly, the High Commissioner wishes to stress that any decisions taken by the
Council on this issue should be made in the light of broader human rights capacitybuilding and technical assistance trends, as well as the current overall funding
situation of OHCHR and the wider United Nations human rights system. In that
context, it should be recalled that demands for human rights assistance continue to
increase exponentially, yet, owing to a lack of resources, OHCHR has been obliged to
significantly reduce its programme of activities for 2015. That reality clearly needs to
be considered in further discussions by the Council on the viability of a new fund to
strengthen the capacity of stakeholders to implement the Guiding Principles on
Business and Human Rights.
19.
Secondly, the High Commissioner wishes to stress that, as noted in the
feasibility study, any decision concerning a new fund in the area of business and
human rights should be made in coordination with the Working Group on the issue of
human rights and transnational corporations and other business enterprises. Given its
mandate to identify, exchange and promote good practices and lessons learned on the
implementation of the Guiding Principles, as well as its role in providing support for
efforts to promote capacity-building and the use of the Guiding Principles by all
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