A/HRC/44/27
E.
Private sector (art. 12)
40.
Several provisions of United Nations Convention against Corruption aim at
preventing and suppressing corruption in the private sector (e.g. art. 12). The Guiding
Principles on Business and Human Rights provide the internationally accepted standard for
preventing and addressing the risk of adverse impacts on human rights linked to business
activities. States have the duty to protect against human rights abuse by business enterprises
(principle 1).
41.
The Committee for Economic, Social and Cultural Rights, for example, has stated
that States would violate their duty to protect Covenant rights, for instance, by failing to
prevent or to counter conduct by businesses that leads to such rights being abused, or that
has the foreseeable effect of leading to such rights being abused. 14 Business enterprises
should avoid infringing on the human rights of others and should address adverse human
rights impacts with which they are involved (principle 11). Of particular importance in this
context is the duty to carry out human rights due diligence, i.e. to assess actual and potential
human rights impacts that business enterprises may cause or contribute to through their own
activities or that may be directly linked to their operations, products or services by their
business relationships (principle 17), and to integrate the findings from their impact
assessments and take appropriate action (principle 19). Given the negative impact of
corruption on the enjoyment of human rights, adopting anti-corruption compliance
procedures can be seen to be part of human rights due diligence. Linking anti-corruption
compliance with human rights due diligence can improve the effectiveness of both methods.
42.
Ecuador drew attention to an agreement concluded between the Anti-Corruption
Secretariat of the Presidency of the Republic and the coordinating body of public
enterprises with a view to prevent and detect corruption through anti-corruption and
transparency administrative committees and the implementation of the anti-bribery
management system standard (ISO 37001).
43.
Sweden drew attention to anti-corruption policies, codes of conduct, corruption risk
assessments and evaluations of anti-corruption management systems as part of due
diligence processes, as well as training, sharing of best practices and whistle-blower
protection. As an example, it mentioned the codes of conduct adhered to by its Export
Credit Agency and its Export Credit Corporation, which reflected zero tolerance for
corruption. All the employees of these institutions had an obligation to follow the codes of
conduct and to report any actual or suspected breach or non-fulfilment of the obligations
against corruption. They were also bound by the Code on Gifts, Rewards and other Benefits
in Business of the Swedish Anti-Corruption Institute. The Export Credit Agency and the
Export Credit Corporation also supported the 10 principles of the United Nations Global
Compact, which includes standards governing corruption, human rights, labour and the
environment.
44.
Portugal noted that it was necessary for companies to ensure that their practices and
services did not contribute to human rights violations. The anti-corruption campaign of the
Portuguese Association of Business Ethics and Global Compact Network Portugal
promoted the spread of the values of integrity, probity, transparency and responsibility. The
campaign was carried out in the framework of the United Nations Global Compact.
45.
The Centre of Analysis and Research in Human Rights and the International
Network of Human Rights recommended the establishment of a coordination mechanism
between the private sector and civil society, composed of actors from both sectors, to
enhance cooperation in promoting and protecting human rights in a common strategy to
combat corruption. They also recommended the development of national action plans on
business and human rights with the aim of ensuring respect for human rights and freedom
from corruption.
46.
The National Human Rights Commission of Mexico highlighted the importance of
the Guiding Principles on Business and Human Rights. It highlighted a number of
challenges, such as lack of transparency in public procurement; the lack of clarity in
14
General comment No. 24 (2017) on State obligations under the International Covenant on Economic,
Social and Cultural Rights in the context of business activities, para. 18.
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