A/HRC/4/74
page 6
21.
As valuable as the HRIA process can be, it is not an end in itself. Just as with any risk
and impact assessment tool, it is how those involved use the findings and engage with the
process that matters - little credit is given for simply going through the exercise.
III.
DISTINCTIVENESS OF HUMAN RIGHTS IMPACT
ASSESSMENTS: A DIFFERENT APPROACH
22.
The clearest difference between HRIAs and ESIAs is that, while following the impact
assessment methodology and principles described above, HRIAs should be framed by the
International Bill of Rights, which consists of the Universal Declaration of Human Rights and
the International Covenants on Civil and Political Rights and on Economic, Social and Cultural
Rights.6
23.
In addition to the legal and regulatory requirements described in paragraph 12, HRIAs
should catalogue the relevant human rights standards, including those set out in international
conventions to which the home and host countries are signatories (perhaps also noting human
rights conventions those countries have not ratified), other standards such as indigenous
customary laws and traditions (for example those that govern the distribution and ownership of
land), and international humanitarian law, where there might be armed conflict.
24.
If the proposed business activity already has associated investment treaty obligations,
host government agreements, or contracts with government agencies and suppliers, HRIAs
should examine whether human rights protections have been adequately built in.7
25.
But an HRIA should not be merely an additional section in an ESIA, or an ESIA
reorganized under different headings. Rather, grounding an impact assessment in the human
rights framework implies a different approach.
26.
HRIAs should deviate from the ESIA approach of examining a project’s direct impacts,
and instead force consideration of how the project could possibly interact with each and every
right. For example, the ESIA approach might not result in any discussion of freedom of
expression, whereas an HRIA could envision a community protest against the project being
suppressed by State forces. While there is currently no global consensus about the roles and
obligations of companies under international human rights standards, this exercise can be
undertaken without normative assumptions, like scenario planning or other similar exercises.
(http://www.cdainc.com/publications/cep_issue_papers.php). There are also resources
specifically on conflict-sensitive interviewing, such as Simon A. Mason, From Conflict to
Cooperation in the Nile Basin, August 2004, available at http://www.css.ethz.ch.
6
See the Office of the United Nations High Commissioner for Human Rights,
http://www.ohchr.org/english/law/index.htm.
7
See, for example, Amnesty International, Human Rights on the line: The Baku-Tbilisi-Ceyhan
project, May 2003, available at http://www.amnesty.org.uk/content.asp?CategoryID=10128.
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