A/HRC/38/49
management practices both prior to investments (comprehensive due diligence and
feasibility management, which encompasses social and environmental factors) and during
investment (establishing and improving due diligence mechanisms on the basis of
economic, social and environmental risk assessments).
68.
Key initiatives conducted in 2016 and 2017 in which the Guiding Principles were
either referenced or used directly as a framework included:
• A social responsibility management system in the information and communications
technology industry
• The green aviation initiative and networks
• The Responsible Cobalt Initiative
• The Guidance for Sustainable Natural Rubber10
• The revised China Social Compliance 9000 for the textile and apparel industry
69.
Another notable initiative that held important lessons for stakeholders with regard to
corporate human rights due diligence was the banking agreement reached in the
Netherlands on international responsible business conduct. This multi-stakeholder initiative
between the banking associations, the Government of the Netherlands, three civil society
organizations and two trade unions included a number of working groups set up to look
after specific aspects of implementation, one of which gave insights to Forum participants
on the issue of enabling remediation. The discussions were relevant beyond the banking
sector, in particular because they sought to clarify the terms in the Guiding Principles of
“cause”, “contribute to” and “directly linked to” and their implications for the responsibility
to provide remedy. Participants noted that there was a common tendency to fixate on “cause
and contribution situations” in which the Guiding Principles clarified that business
enterprises had a responsibility to provide, or contribute directly to, remedy. Less time was
allocated to worrying about what to do in a “linkage situation”, given that, under the
Guiding Principles, businesses do not necessarily have a responsibility to provide remedy,
even though they may choose to do so. It was stressed that this gap missed the fundamental
point in the second pillar of the Guiding Principles, namely, that remedy, and a business’s
role in relation to it, is always relevant. A good practice would be considering how to
exercise leverage to ensure accountability for any harm caused and how it could be
addressed. This would also be an effective way to prevent future harm. Another insight
emerging from this discussion was that, although approaches to grievance mechanisms
might vary across sectors, even enterprises that often find that their link to human rights
risks is primarily through business relationships (as characteristic for many actors in the
banking sector) ought to think about such mechanisms. A message that held relevance
beyond the banking sector was the need to go beyond simply asking “do you have a
grievance mechanism?”. More thoughtful and effective approaches were needed.
C.
Human rights defenders, civic freedoms and the role of business
70.
Trends with regard to persons who speak up against business-related human rights
impacts worldwide and the need to ensure better protection of human rights defenders have
become a standing item on the agenda of the Forum. Discussions on human rights
defenders have also helped feed into the ongoing efforts of the Working Group to develop
guidance on this issue. 11 In 2017, participants in the Forum reiterated that human rights
defenders were instrumental in identifying actual and potential business-related human
rights impacts — which is also a first step towards securing effective remedy. By doing so,
defenders also provided access to information about risks and impacts, enabling better
corporate human rights due diligence.
10
11
See www.cccmc.org.cn/docs/2017-11/20171107204714430892.pdf.
See OHCHR, “Human rights defenders and civic space — the business and human rights dimension”,
available from www.ohchr.org/EN/Issues/Business/Pages/HRDefendersCivicSpace.aspx.
17
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