A/HRC/4/35
page 4
6.
The report is organized into five clusters of standards and practices governing corporate
“responsibility” (the legal, social, or moral obligations imposed on companies) and
“accountability” (the mechanisms holding them to these obligations). For ease of presentation,
the five are laid out along a continuum, starting with the most deeply rooted international legal
obligations, and ending with voluntary business standards. A brief discussion of trends and gaps
concludes the report. The clusters are:
I.
II.
State duty to protect
Corporate responsibility and accountability for international crimes
III.
Corporate responsibility for other human rights violations under international law
IV.
Soft law mechanisms
V.
Self-regulation
7.
This report draws on some two dozen research papers produced by or for the Special
Representative.3 He has also benefited from three regional multi-stakeholder consultations in
Johannesburg, Bangkok and Bogotá; civil society consultations on five continents; visits to the
operations of firms in four industry sectors in developing countries; four legal expert workshops;
two multi-stakeholder consultations on the extractive and financial services industries; and
discussions with representatives of all relevant multilateral institutions and some government
officials.4
8.
The addenda to this report (A/HRC/4/35/Add.1-4) provide greater detail on some of the
issues posed in resolution 2005/69. A companion report (A/HRC/4/74) addresses the important
subject of human rights impact assessments (HRIAs), as requested in paragraph 1 (d) of
resolution 2005/69.
9.
Because the Special Representative has had fewer than 18 months to pursue this mandate,
the job is not yet completed. For instance, research to date on “corporate spheres of influence”
(paragraph 1 (c) of resolution 2005/69) suggests only that it lacks legal meaning; further work is
3
Those produced by or at the request of the Special Representative are posted on his
home page on the Business and Human Rights Resource Centre’s website at
http://www.business-humanrights.org/Gettingstarted/UNSpecialRepresentative.
4
The Special Representative also received substantive written submissions from a number of
organizations, including Allens Arthur Robinson; BankTrack; Business Leaders Initiative on
Human Rights; EarthRights International; Global Witness; Halifax Initiative; Interfaith Center
on Corporate Responsibility; International Commission of Jurists; International Council on
Metals and Mining; International Network for Economic, Social and Cultural Rights;
International Organisation of Employers; International Chamber of Commerce; Business and
Industry Advisory Committee to the OECD; Lovells; Rights & Democracy, Canada;
Tebtebba Foundation and Forest Peoples Programme.
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