A/HRC/38/49
(c)
The complexity of monitoring large supply chains;
(d)
Access to effective remedy is still a challenge for most companies;
(e)
Human rights issues in the large informal economy that are not covered by
the formal regulations are largely neglected.
64.
In order to plug the gaps, participants drew attention to the need for:
• A combination of regulatory tools
• Both binding agreements and more flexible and pragmatic sources of governance
• Clear expectations and continuous scrutiny by Governments requiring all
companies, regardless of their size, to implement the Guiding Principles
• Government guidance and support for small and medium-sized enterprises,
including by means of peer and sectorial platforms
• Consumers and investors to call for systematic changes
• In the case of investors, frameworks that reward companies that address human
rights risks, beyond simply having policies in place
• New technologies and partnerships to address the scope and scale of challenges
• States, as economic actors, to lead by example at a significant scale by integrating
human rights in public procurement and State-owned enterprises (assuming that
there is the political will to do so)
65.
Participants noted that benchmarking and ranking initiatives, such as the Corporate
Human Rights Benchmark, 9 were considered important forces for driving progress, even
though all initiatives also found that companies scored particularly poorly with regard to
remediation efforts. At the same time, participants noted that the engagement of capital
markets to a much larger extent was needed; if Fortune 500 were placed on a human rights
index, more people and investors would take notice and base their decisions on that
information. Another challenge was how to measure actual impact and company
performance, given that benchmarks tended only to show what companies say they are
doing, not what they do in practice.
66.
One key issue for corporate respect of human rights concerned exercising leverage
in business relationships when they are linked to, but not causing or contributing to, human
rights abuse. During one discussion, participants explicitly asked how transnational
corporations could use leverage to advance access to remedy through business
relationships. Reference was also made to the revised ILO Tripartite Declaration of
Principles concerning Multinational Enterprises and Social Policy (see para. 47 above),
which calls upon multinational enterprises to use their leverage to encourage their business
partners to provide effective means of enabling remediation for abuses of internationally
recognized human rights. Participants concluded that:
(a)
Collaboration with others (including industry organizations and competitors)
is the most important means for strengthening leverage;
(b)
The financial services industry plays an important role: engagement can lead
to better outcomes;
(c)
Companies should “translate” from the language of lawyers to terms that are
understood by more people across organizations;
(d)
Leverage could be built up-front into contracts, dialogue and training with
suppliers and joint venture partners;
(e)
Investments should be made in social dialogue and local solutions.
67.
During a special session, attention was drawn to experiences of human rights due
diligence in investment and supply chains in China, and lessons were shared on
9
16
See www.corporatebenchmark.org.
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