A/HRC/38/49
national action plans during the review process, especially in the case of the third
pillar;
(c)
When it comes to providing effective remedies to victims of businessrelated human rights abuses, the time for talking is over. Existing barriers impeding
access to effective remedies are well known, and States must work together to take
urgent steps to remove them;
(d)
Sensitivity should be shown towards the diverse experiences of all rights
holders. No one should be discriminated against or excluded on grounds such as race,
colour, ethnicity, social origin, sex, sexual orientation, religion, language, disability or
migration status;
(e)
There must be a change in mindset, from a “race to the bottom” to “a
race to the top” by injecting human rights into the DNA of businesses and of States’
economic policy frameworks. This includes the area of “economic diplomacy” tools.
States should lead from the front in creating a regulatory framework that ensures that
all businesses prevent, mitigate and remedy the adverse impact of their global
footprint on human rights;
(f)
States should not see human rights as an avoidable “speed breaker” to
economic development; rather, human rights should be treated as an essential
precondition for sustainable development, in accordance with the pledges that States
made when they adopted the Sustainable Development Goals;
(g)
Threats to human rights and environmental sustainability relating to
economic inequalities and climate change should be a matter of urgent concern for
States and businesses alike. Transformative changes are needed to address these
challenges;
(h)
Tax evasion or avoidance by business enterprises is another issue that
requires the collective attention of States. It should always be recalled that evading or
avoiding the payment of taxes undermines a State’s ability to mobilize resources to
realize human rights;
(i)
Discrimination and sexual violence against women must be addressed by
both States and businesses as a matter of priority;
(j)
Individuals and communities, including indigenous peoples, have a right
to speak up when business operations affect them negatively. While the situation on
the ground across the world is deteriorating for defenders, it is nevertheless a positive
sign that more businesses are taking steps to respect defenders and to speak up when
rights of defenders and civic freedoms are under threat (for example, in relation to
LGBTI persons and in countering anti-migration narratives);
(k)
Business associations should continue to build the capacity of their
members in conducting meaningful human rights due diligence. They should also
clearly communicate the expectation that any “private” corporate lobbying with
Governments does not undermine their “public” commitment to the Guiding
Principles;
(l)
Lawyers too have a vital role in implementing the Guiding Principles:
their professional advice to businesses should not cause or contribute to any adverse
human rights impacts. Lawyers should also take a proactive role in helping affected
individuals and communities to seek access to a full range of effective remedies. The
creation of a global network of pro bono lawyers should be explored;
(m) Emerging good practice approaches for corporate human rights due
diligence should be built upon and scaled up across all regions — the theme of the
report of the Working Group to be submitted to the General Assembly at its seventythird session. It will also be a major focus of the Forum on Business and Human
Rights in 2018, to explore what has been working to date and how businesses,
Governments and other stakeholders can plug gaps.
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