A/HRC/37/39
international law, as settlements are widely recognized by the United Nations and the
international community as being illegal.
58.
Some companies indicated that they had no knowledge or control over the actions of
other entities with which they had business relationships, such as distributors, partners or
other entities in their value chains, and therefore they should not be held responsible for any
harm caused by those entities.
59.
According to the Guiding Principles, the responsibility of businesses to respect
human rights extends to their business relationships. Guiding Principle 13 states that
businesses are responsible for preventing or mitigating adverse human rights impacts
directly linked to their operations, products or services through their business relationships,
even if they have not contributed to them; this includes impacts caused by both actions and
omissions.47 The responsibility to conduct due diligence – and in the occupied territory this
involves enhanced due diligence (see para. 37 above) – entails taking active steps to
identify and assess any actual or potential adverse human rights impacts made as a result of
business relationships.
60.
Furthermore, in its report, the fact-finding mission stated that business enterprises
conduct their activities in the settlements with “the full knowledge of the current situation
and the related liability risks” and “contribute to their maintenance, development and
consolidation” (A/HRC/22/63, para. 97).
V. Recommendations
61.
The United Nations High Commissioner for Human Rights urges all businesses
with which OHCHR has been or may be in contact in carrying out its mandate under
Human Rights Council resolution 31/36 to cooperate with OHCHR with a view to
engaging in constructive dialogue.
62.
The High Commissioner acknowledges with appreciation the extension granted
by the Human Rights Council for OHCHR to implement the mandate under
resolution 31/36. Recognizing that this was the first time OHCHR has been tasked
with such a mandate, the High Commissioner is satisfied that significant progress has
been made. However, while the dialogue with concerned business enterprises is
continuing, the work remains ongoing. For the High Commissioner to update the
database as required by resolution 31/36, more resources are required.
47
16
Commentary to Guiding Principle 13.
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