A/HRC/23/32
Compact to count as human rights reporting; one had introduced new requirements on
reporting that specifically ask that human rights due diligence, as contained in the Guiding
Principles, be demonstrated.
27.
The national dissemination of laws or policies on business and human rights is a key
challenge that States face in the implementation of the Guiding Principles. Eight States
identified public dissemination as a major challenge, while seven lacked the resources to
promote the policies effectively. Six States also reported a lack of willingness by business
actors to comply. Six States reported that the State lacked the capacity to implement the
policy.
28.
In 10 cases, States reported coordination between their agencies in charge of human
rights and those on trade and investment. In 14 cases, States reported the inclusion of
human rights provisions (including on environmental and labour issues) in the agreements
they had signed. Only five States included human rights provisions in their policies to
promote foreign export and investment. This would suggest a missed opportunity by States
to introduce greater coherence.
29.
Broadly speaking, States can regulate respect for human rights for business in many
ways. Some States reported existing legislation that captures these issues. Some, however,
commission legal and regulatory gap analyses. States also attempt to identify priority areas
to maximize their impact given the resource constraints and the nature of the business and
human rights challenges companies domiciled in their territory face.
30.
In the survey, States were asked to indicate, from a list of judicial and non-judicial
tools, which mechanisms the State used to redress cases of business-related human rights
impact and abuses within the country. Nine States responded that they used sanctions, while
six others used some kind of compensation (financial or non-financial). Six States also
reported using environmental rehabilitation, while five States confirmed that they used
injunctions or guarantees of non-repetition to ensure prevention of harm. Six States also
reported the use of public or private apologies. Only two States indicated they had turned to
land restitution.
B.
Business survey
31.
The pilot survey of business elicited more than 100 responses from a diverse group
of business respondents in terms of industry, size, ownership and geographic location. The
results of the survey suggest that companies are considering and actively working to
address human rights with reference to international human rights standards and the
Guiding Principles. The diversity of business respondents to the survey also point to a new,
more global and diverse dialogue on business and human rights n the private sector.
32.
The sample reflected rising awareness of and engagement with the Guiding
Principles in the business community. According to the survey, efforts are being put into
human rights policy commitments; identifying, assessing and addressing adverse human
rights impact; communicating with a range of stakeholders; and supporting or providing for
access to remedies. These results indicate a strengthening in the trend identified by the
Special Representative of the Secretary-General on the issue of human rights and
transnational corporations and other business enterprises 20 in the data gathered in his survey
of Fortune Global 500 companies, which had already shown that a significant number of
global firms had human rights policies and practices in place.
20
See A/HRC/4/35/Add.3.
9
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