A/HRC/23/32
health, food, water, work and adequate housing. The Working Group received an especially
large number of cases involving conflicts between local communities and businesses over
land and resources, including multiple reports of forced evictions as well as of businesses
operating or having an impact on land traditionally used by, or of cultural significance to,
indigenous peoples without their free, prior and informed consent. In many reports it was
noted that conflicts between communities and businesses had led to the harassment and
persecution of members of the communities affected, as well as of human rights defenders
investigating, protesting, seeking accountability and access to remedies for victims of
alleged abuses linked to business activities. This included instances of arbitrary detention,
threats, violence and killings, targeting by armed groups, disappearances, restrictions of the
freedoms of assembly and expression, and other violations of rights. The Working Group
will continue to receive and analyse such submissions to inform its work and strategy, to
identify barriers to the effective implementation of the Guiding Principles and gaps in the
protection of human rights in the context of business activities, and to inform
recommendations made to States, business and other actors on the implementation of the
Guiding Principles.
IV. Results of pilot surveys of States and business enterprises
14.
Today, policymakers and business enterprises broadly acknowledge that States have
a duty to protect and that companies have a responsibility to respect human rights, as set out
in the Guiding Principles. Much attention is therefore now focused on how States and
business enterprises should or do engage with multiple stakeholders as part of their efforts
to implement the Guiding Principles, including what issue areas or groups require priority
attention, and how to identify and disseminate best practices.
15.
While the Working Group and stakeholders across the globe recognize that
comprehensive integration of the Guiding Principles into State and corporate policies and
practices through multi-stakeholder consultation and participation takes time, the current
political reality around the globe, especially in the aftermath of the global financial crisis, is
raising expectations on the issue of corporate conduct. The pace at which States and
companies act, and the pace of action by the constellation of actors that incentivize and
facilitate implementation, will certainly need to increase if businesses are to manage social
and political risk.
16.
To integrate the Guiding Principles effectively and to increase the pace of action
requires a solid baseline of credible and complete data on existing initiatives and lessons
learned that can support States, business enterprises, the United Nations and other
stakeholders as they progress in their work of disseminating, implementing and embedding
the Guiding Principles globally.
17.
To that end, and in order to assess progress and to identify how best to assist the
implementation of the Guiding Principles, the Working Group has elaborated and
commissioned two pilot surveys12 of States and business on the issue of business and
human rights, and awareness and implementation efforts. The Working Group thanks all
those States and business enterprises that responded to the surveys.
12
6
See A/HRC/23/32/Add.2. The State survey was developed and disseminated in cooperation with
Denver University and the University of Minnesota. The corporate survey was developed and
disseminated in cooperation with the Global Business Initiative, the International Chamber of
Commerce, the International Organisation of Employers and the University of Denver. Preliminary
findings from the State survey and the findings of the corporate survey were presented by the
Working Group at the 2012 Forum on Business and Human Rights.
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