A/HRC/4/74
page 8
29.
The HRBA requires an analysis of the rights-holders and their needs and entitlements and
the corresponding duty-bearers and their obligations. This analysis is meant to include an
assessment of the causes of the non-realization of rights, and of the capacity of the rights-holders
to claim their rights and the duty-bearers to fulfil their obligations. Such an analysis could be
extremely helpful to private sector investment. While it may seem obvious that the
rights-holders are local residents and the duty-bearer is the State, a company could find itself
assuming the role of duty-bearer in areas of weak governance - and indeed, communities must
also respect the rights of company employees. Adopting the HRBA could prove helpful for
gaining clarity and agreement on respective roles and responsibilities.
IV. CURRENT INITIATIVES
30.
A number of HRIA tools for private sector projects are currently in development. They
all take a different perspective and approach, each of which may prove helpful in a particular
type of project or region.
31.
The International Business Leaders Forum (IBLF), the International Finance Corporation
(IFC), and the United Nations Global Compact are jointly producing a guide to HRIAs for
business. The guide is intended to outline a process by which operational managers can identify
human rights implications and challenges, and annotate other relevant sources of information and
expertise. The guide is due to be published in March 2007, then tested by companies in different
sectors and finalized in 2009.10
32.
The Canadian non-governmental organization (NGO) Rights and Democracy is piloting a
draft HRIA methodology in five case studies, each in a different country with a different set of
critical issues. The methodology comprises a ten-step approach accompanied by a 75-page
questionnaire and emphasizes interviews with the Government, the corporation, the workers and
the affected community. In contrast to the guide described above, this HRIA is being carried out
primarily by local NGOs, although the intent is to create a tool that can be used by any
stakeholder. The pilot period is due to end in 2007.11
33.
International Alert has produced a publication, Conflict-Sensitive Business Practice:
Guidance for Extractive Industries (CSBP), which they are currently piloting in Colombia and
elsewhere. Focused on helping companies understand and minimize conflict risk and actively
contribute to peace, the guide describes a process designed to promote strong relationships with
local and national stakeholders, shared decision-making, good communication, and participatory
analysis. CSBP includes risk and impact assessment and screening tools, as well as specific
10
See the International Finance Corporation,
http://www.ifc.org/ifcext/enviro.nsf/Content/OurStories_SocialResponsibility_HumanRights.
11
See the Canadian Rights and Democracy Initiative, http://www.dd-rd.ca/hria.
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