A/HRC/4/74
page 5
14.
After describing those baseline conditions, HRIAs should put forth a view of what is
likely to change because of the business activity. This is a difficult and subjective exercise; one
approach is to construct multiple scenarios, while another might predict outcomes based on
varying levels of intervention. An HRIA might also consider community perceptions of what is
likely to change; even though a new petrochemicals plant might produce no local pollution,
community fears about air or water quality will necessitate action by the company.
15.
HRIAs should then prioritize the human rights risks that the proposed business activity
presents and make practical recommendations to address those risks. Such recommendations
could include actions that can be taken by the company alone, such as modifying project design,
but also options for collaboration with Governments, local communities, civil society
organizations and other companies in the area.
16.
Those recommendations should be incorporated into a management plan that includes
provisions for monitoring the baseline indicators and revisiting the issues raised during the HRIA
process. The management plan should include regular consultation with affected parties.
17.
HRIAs should discuss applicable good practice, for example in the same business sector
or region, or from similar situations in other industries or areas.
18.
HRIAs should involve experts in the industry, local context, and human rights, whether
such experts lead the HRIA or are heavily consulted. Both internal and external personnel
should be considered: independent third parties may bring external credibility but may not have
local or industry knowledge, while internal staff may not be familiar with human rights issues
and best practices outside their sector. The credibility of independent assessors has been
challenged when the company pays for their work (as it has been for auditors of corporate
reports), but in the absence of other neutral sources of funding there is no other option, and the
assessment should be judged on its merits.
19.
Ideally, HRIAs would always be published in full but reasonable potential risks must also
be considered and may force a partial or summary publication. For example, where the human
rights record of State security forces is poor, companies may be reluctant to publish an HRIA
that details that record, out of concern that this could create political or legal risks for the
company - or in extreme cases, endanger staff.4
20.
The process of carrying out an HRIA can be as or even more important than a final
report. An impact assessment can serve as a convening mechanism to bring representatives of
the company, community, and government together in dialogue. It is critical that HRIAs are
based on consultation carried out in a manner that promotes genuine dialogue and
relationship-building.5
4
5
Correspondence with Gare Smith of the law firm Foley Hoag in Washington, DC, May 2006.
There are many resources on stakeholder engagement, for example The Stakeholder
Engagement Manual by UNEP, AccountAbility and Stakeholder Research Associates Canada
(http://www.unep.fr/outreach/home.htm) and the Collaborative for Development Action
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